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HomeMy WebLinkAbout2711 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .31 1 ORDINANCE NO. c2 ? /1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA WITHIN SAID CITY; IMPOSING AN ADDITIONAL TAX ON BUSINESSES WITHIN SAID AREA IN ADDITION TO THE REGULAR BUSINESS LICENSE TAX; AND PROVIDING FOR THE USES TO WHICH SUCH ADDITIONAL TAX REVENUE SHALL BE PUT. THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 2 3 4 5 6 7 SECTION ONE: The Mayor and Connnon Council of said City hereby finds and recites that it did adopt on November 22, 1965, Resolution No. 7939 entitled: !'A Resolution of the Mayor and Connnon Council of the City of San Bernardino Setting Forth its Intention to Establish a Parking and Business Improvement Area Within Said City, to Impose a Tax on Businesses Within Said Area Which Will be in Addition to the General Business License Tax and to Use Such Proceeds for Certain Desig- nated Purposes; and Setting a Time and Place for a Public Hearing to Consider the Establish- ment of Said Area."; that a hearing was held on December 6, 1965 at 9:30 a.m. in the Council Chambers, City Hall, San Bernardino, California, and was continued to December 13, 1965 at 7:00 p.m. at the same place, for the purpose of determining whether such a parking and business improvement area in said City should be established pursuant to the provisions' of Streets and Highways Code Section 36000, et seq.; and that the Mayor and Connnon Council have heard all protests and received evidence, ruled upon all protests and determined that a majority protest was not made. SECTION TWO: Therefore, the Mayor and Connnon Council hereby establish a Parking and Business Improvement Area within the boundaries of the following described area in said City: From a point beginning at the northwest corner of 6th and "G" Streets, south on "G" Street to the southwest corner of Second and "G" Streets east to the southeast corner of Second Street and Arrowhead Avenue, north to the northeast corner of Arrowhead Avenue and 6th Street, and west on 6th Street to the point of beginning. SECTION THREE: There is hereby imposed upon each type of 32 pusiness, including any profession, conducting its activities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 .31 32 and business in said area, an additional tax which shall be in addition to the regular business license tax imposed upon such business. Such additional tax shall be one times more than the regular business tax imposed under Ordinance No. 763 of said City regardless of whether the business is taxed upon a flat or gross receipts or other basis. Said additional tax shall be imposed upon each business in accordance with the classification of businesses set forth in Ordinance No. 763. SECTION FOUR: The proposed uses to which the proceeds obtained from the additional tax on businesses within said area shall be put, are: (a) The preparation, study and review of a plan or program relating to parking facilities for the benefit of the area. (b) Decoration of any public place in the area. (c) Promotion of public events which are to take place on or in public places in the area. (d) Furnishing of music in any public place in the area. (e) The general promotion of retail trade activities in the area. SECTION FIVE: The collection of said additional tax from any business in said area shall be made at the same time and in the same manner as any other business license tax is collected. A special fund designated as the "Parking and Business Improvement Fund" is hereby dreated. All monies and revenue collected pursuant to this Ordinance shall be deposited in the General Fund and the City Clerk will prepare and submit monthly to the Finance Officer a statement showing the monies collected and to be transferred from the General Fund to the Parking and Business Improvement Fund. /I . . . . . -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 n 28 29 ~ 31 32 SECTION SIX: There is hereby created a Parking and Business Improvement Board which shall make recommendations to the Mayor and Common Council as to how the revenue derived from said additional tax shall be used in said area within the scope of the aforementioned uses. San Bernardino Downtown Associates, also known as SBDA, an organization, shall be and serve as the Parking and Business Improvement Board. Such organization shall continue to be and serve as said Board upon and in the event it is later incorporated under the laws of the State of California. The Board shall submit to the Mayor and Common Council its recommendations for proposed uses with a budget of proposed expenditures and a claim for authorized expenses against said special fund. Upon approval, the claim and budget shall be referred to the Finance Officer for processing. SECTION SEVEN: This Ordinance is an emergency and urgency measure necessary for the immediate preservation of the public peace, health or safety and shall go into effect on January 1, 1966. The facts constituting such necessity are: The City of San Bernardino does not have sufficient funds at present to enable it to promote business areas and to provide for adequate parking within the business areas. As a result, businesses are moving out of the City and areas which were once a larger source of tax revenue for the City are deteriorating and becoming blighted. This Ordinance would provide a means by which the City could raise the necessary funds to be used for the purposes set forth herein in order to stimulate the interest of the public and to keep businesses within the City. In order that this problem may be solved without delay and the City may have the necessary funds for the first quarter of the business year of 1966, it is imperative "that this act take effect on January 1, 1966. -3- .... 1 SECTION EIGHT: If any section. sub-section. sentence. 2 clause or phrase of this Ordinance is for any reason held to 3 be invalid or unconstitutional by the decision of any Court 4- of competent jurisdiction. such decision shall not affect the 5 validity of the remaining portions of the Ordinance. The 6 7 8 I 91 10 I ! :: I 13 I I 14 15 I , 16 ' I 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Common Council hereby declares that it would have passed this Ordinance and each section. sub~section. sentence, clause and phrase hereof, irrespective of the fact that anyone <br. ~re of the sections. sub-sections, sentences. clauses or phrases hereof be declared invalid or unconstitutional. I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and Common Council of the City of San Bernardino at a..,,,, /2-f!~'''"''-/~ X:~ meeting thereof, held on the ~d day of __, _~ . 1965. by the following vote, to wit: ~/ ~ AYES: Councilmen Sf~7--f0-'A.d~ dr./L.L./ NOES~HA;LlHd~J,.BSFm: );~ , utZ'rh J/ ~'City~ The ~regoing Ordinance is hereby approved this day of AY.L{f~ . 1965. /11d ~# ,I ~~ {,-{./C. L-- {) / Mayor of the City 0 an Be ardino Approved as to form: ~ ~AwC;; ty orney . Ut t J '! 1~~; -~~;;/~ .