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Home My WebLink About3291 it 1 ORDINANCE NO. ~ 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ESTABLISHING A PARKING AND BUSINESS IMPROVEMENT AREA WITHIN SAID CITY; IMPOSING 3 AN ADDITIONAL TAX ON BUSINESSES WITHIN SAID AREA IN ADDITION TO THE REGULAR BUSINESS LICENSE TAX; AND PROVIDING FOR THE USES TO 4 WHICH SUCH ADDITIONAL TAX REVENUE SHALL BE PUT. (AREA NO. 2) 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 6 SECTION ONE: The Mayor and Common Council of said City 7 hereby finds and recites that it did adopt on August 21, 1972, 8 Resolution No. 11139 entitled: "A Resolution of the Mayor and 9 Common Council of the City of San Bernardino Setting Forth its 10 Intention to Establish a Parking and Business Improvement Area 11 Within Said City, to Impose a Tax on Businesses Within Said Area 12 Which Will be in Addition to the General Business License Tax and 13 to Use Such Proceeds for Certain Designated Purposes; and Setting 14 a Time and Place for a Public Hearing to Consider the Establish- 15 ment of Said Area"; that a hearing was held on September 18, 1972 16 at 9:30 a.m. in the Council Chambers, City Hall, San Bernardino, 17 California for the purpose of determining whether such a parking 18 and business improvement area in said City should be established 19 pursuant to the provisions of Streets and Highways Code Section 20 36000, et seq.; and that the Mayor and Common Council have heard 21 all protests and received evidence, ruled upon all protests and 22 determined that a majority protest was not made. 23 SECTION TWO: Therefore, the Mayor and Common Council hereby 24 establish a Parking and Business Improvement Area within the 25 boundaries of the following described area in said City: 26 Beginning at a point on the north line of Second 27 Street, said point being the northerly prolongation of the west line of "F" Street; thence south along 28 said northerly prolongation and said west line to the south line of Rialto Avenue; thence east along 29 the south line of said Rialto Avenue to the east line of "E" Street; thence north along the east 30 line of "E" Street to the north line of Second Street; thence west along said north line of Second Street to 31 the point of beginning. 32 II 1 SECTION THREE: There is hereby imposed upon each type of 2 business, including any profession, conducted within said area, 3 a tax during each taxing period of 1972 and succeeding years, in 4 addition to the tax imposed upon such business pursuant to 5 Ordinance No. 763. Such additional tax shall be imposed at the 6 rates set forth hereinafter for the specified classifications 7 regardless of whether the business is taxed upon a flat rate or 8 gross receipts or other basis. Such additional tax shall be 9 imposed upon each business in accordance with the classifications 10 set forth in Ordinance No. 763 which classifications are incor- 11 porated herein by reference. 12 The additional rate imposed upon each such classification 13 shall be as follows: 14 (a) An additional annual tax of twenty-five percent (258) 15 shall be imposed upon those businesses conducted within said area 16 classified as "professional" or "manufacturing and wholesale". 17 (b) An additional tax of one hundred percent (1008) shall 18 be imposed upon any other business conducted within said area. 19 SECTION FOUR: The proposed uses to which the proceeds 20 obtained from the additional tax on businesses within said area 21 shall be put, are: 22 (a) The acquisition, construction and maintenance of I 23 ' parking facilities for the benefit of the area. 24 (b) Decoration of any public place in the area. 25 (c) Promotion of public events which are to take place on 26 or in public places in the area. 27 (d) Furnishing of music in any public place in the area. 28 (e) The general promotion of retail trade activities in 29 the area. 30 SECTION FIVE: The collection of said additional tax from 31 I any business in said area shall be made at the same time and in 32 the same manner as any other business license tax is collected -2- II and the cost of said collection may be paid from the proceeds ob- i 1'! tained from said additional tax or penalties imposed thereunder. 2~~ All monies and revenue collected pursuant to this ordinance 31 shall be deposited in the General Fund and the City Clerk will ! 4~,~1 prepare and submit monthly to the Finance Officer a statement 5',~''i showing the monies collected and to be transferred from the Gen- 6,i eral Fund to the Parking and Business Improvement Fund. 7''~i SECTION SIX: The Parking and Business Improvement Board shal SI make recommendations to the Mayor and Common Council as to how the 9 revenue derived from said additional tax shall be used in said 101 area within the scope of the aforementioned uses. San Bernardino 11~' Downtown Associates, also known as SBDA, shall be and serve as the 12i Parking and Business Improvement Board. I 131 The Board shall submit to the Mayor and Common Council its 14' recommendations for proposed uses with a budget of proposed expen- 15I ditures and a claim for authorized expenses against said special 16i fund. Upon approval, the claim and budget shall be referred to th 171 Finance Officer for processing. i 18 SECTION SEVEN: No business license shall be issued pursuant 19 to Ordinance No. 763 unless the additional business license tax 20~,~ imposed by this ordinance is paid together with the business 2111 license payable pursuant to and imposed by Ordinance No. 763. 22 Any person, firm or corporation operating or carrying on a 23 business license as provided for herein shall be subject to all 24 penalties, both civil and criminal, as are provided therefor in 25 Ordinance No. 763 and Business and Professions Code Section 16240 26 for operating a business without a valid business license. 27 SECTION EIGHT: The time of delin quency for the assessment of 28 penalties for all taxes covered by this ordinance shall be the 29 same as set forth in Section Eleven of Ordinance No. 763 for the 30 business license tax. 31 payments of the tax which are received in the City Clerk's 32 Office after the applicable delinquent dates, or bearing a post- mark after said dates, as set forth in said Section Eleven, shall be deemed delinquent and subject to penalty assessment. -3- I li For failure to pay the tax before the applicable delinquent 2i date, there is imposed a penalty of fifty percent (50~) of the 3i tax. An additional penalty of fifty percent (50~) of the tax i 4~ shall be imposed on the last day of the third consecutive month i S of delinquency. Such penalties shall be added to the tax due. 6 SECTION NINE: This Ordinance is an emergency and urgency 7 measure necessary for the immediate preservation of the public 8 peace, health or safety and shall go into effect on October 1, 9 1972. The facts constituting such necessity are: 10 The City of San Bernardino does not have sufficient funds 11 at present to enable it to promote business areas and to provide 12 for adequate parking within the business areas. As a result, 13 businesses are moving out of the City and areas which were once 14 a larger source of tax revenue for the City are deteriorating 15 and become blighted. This Ordinance would provide a means by 16 which the City could raise the necessary funds to be used for the 17 purposes set forth herein in order to stimulate the interest of 18 the public and to keep businesses within the City. In order that 19 this problem may be solved without delay and the City may have 20 the necessary funds for the fourth quarter of the business year ~ 21 of 1972, it is imperative that this act take effect on October 1, 22 1972. 23 SECTION TEN: If any section, sub-section, sentence, clause 24 or phrase of this Ordinance is for any reason held to be invalid 25 or unconstitutional by the decision of any Court of competent 26 jurisdiction, such decision shall not affect the validity of the 27 remaining portions of the Ordinance. The Common Council hereby 28 declares that it would have passed this Ordinance and each 29 section, sub-section, sentence, clause and phrase hereof, 30 irrespective of the fact that any one or more of the sections, 31 sub-sections, sentences, clauses or phrases hereof be declared 32 intialid or unconstitutional. -4- i ll'~,~I I HEREBY CERTIFY that the foregoing Ordinance was duly ~ 2~~' adopted by the Mayor and Common Council of the City of San Ber- ~ ~ 3 nardino at a i> , meeting thereof, held on the i 4' day o ~ ,i - , 1972, by the following 5j~1 vote, to wit: it 6~ AYES: Councilmen 8 NAYS: 'i~il-; J/ J 9 i ABSENT: <~n,.i,, • nL ~r- ~ I ~~ti~J.~./r{ • ~ / 10 ~I i 11~ The foregoing Ordinance is hereby ap roved this 13 i day of ~ ~ 1972. 14''~ 151 ~ 16 IMa r ~ i of San ernardino 17 Approved as to form: 18 ~ J'~'1 City A orne 20 I (P) 21 i I 22 23 24 25 26 27 28 29 30 31 ~ ~ 32 , (...~-7t-rt 7 L -5-