HomeMy WebLinkAbout3292 1 ORDINANCE NO. 6 t~~---'
2 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. 3);
AND REPEALING ORDINANCE NO. 3283.
5
THE. MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
7 SECTION ONE: The Mayor and Common Council of said City
8 hereby finds and recites. that it did adopt on August 21, 1972,
9 Resolution No. 11140 entitled: "A Resolution of the Mayor and
10 Common Council of the City of San Bernardino Setting Forth .its
11 Intention to Establish a Parking and Business Improvement Area
12 Within Said City, to Impose a Tax on Businesses Within Said Area
13 Which Will be in Addition to the General Business License Tax
14 and to Use Such Proceeds for Certain Designated Purposes; and
15 Setting a Time and Place for a Public Hearing to Consider the
16 Establishment of Said Area"; that a hearing was held on Septem-
17 ber 18, 1972 at 9:30 a.m. in the. Council Chambers, City Hall,
18 San Bernardino, California, for the purpose of determining whethe
19 such a parking and business improvement area in said City should
20 be established pursuant to the provisions of Streets and High-
21 ways Code Section 3b000, et seq.; and that the Mayor and Common
22 Council have heard all protests and received: evidence, ruled upon
23 all protests and determined that a majority protest was not made.
24 SECTION TWO: Therefore, the. Mayor and Common Council
25 hereby establish a Parking and Business Improvement Area within
25 the boundaries of the .following described area in said City:
27 Fran a point beginning at the southwest corner of Second
Street and the eastern boundary of the Barstow Freeway
28 (U$ 395), east on SeaSnd Street to the southeast corner
of Second and "G" Streets, north on "G" Street to the
2g .northeast corner Of "G" Street and Fourth Street, west an
Fourth Street to the northwest corner of Fourth Street
30 arri the Barstow Freeway {U$ 395}, and then south ala~g
the eastern boiuydary of the Barstow Free~,ay (US 395) to
31 the. point of beginning.
32 SECTION THREE: There is hereby imposed upon each type of
1 business, including any profession, conducted within said area,
2 a tax during each taxing period of 1972 and succeeding years, in
3 addition to the tax imposed upon such business pursuant to Ordi-
4 nance No. 763. Such additional tax shall be imposed at the rates
5 set forth hereinafter for the. specified classifications regard-
6 less of whether the business is taxed upon a flat rate or gross
7 receipts or other basis. Such additional tax shall be imposed
8 upon each business in accordance with the classifications set
9 forth in Ordinance No. 763 which classifications are incorporated
10 herein by reference.
11 The additional rate imposed. upon each such classification
12 shall be as follows:
13 (a) An additional annual tax of twenty-five percent (258)
14 shall be imposed upon those businesses. conducted within said area
15 classified as "professional" or "manufacturing and wholesale".
16 (b) An additional tax of one hundred. percent (100$) shall
17 be imposed. upon any other business conducted within said area.
18 SECTION FOUR: The proposed. uses to which the :proceeds ob-
19 tained from the additional tax on businesses within said area
20 shall be put, are:
21 (a) The acquisition, construction and maintenance of
22 parking facilities for the benefit of the area.
23 (b) Decoration of any public place in the area.
24 (c) Promotion of public events which are to take place on
25 or in public places in the area.
26 (d) Furnishing of music in any public place in the area.
27 (e) The general promotion of retail trade activities in
2g the area.
2g SECTION FIVE: The collection of said additional tax from
30 any business in said area shall be made at the same time and in
31 the same manner as any other business license tax is collected
32 and the cost of said collection may be paid from the proceeds
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1, obtained from said additional tax or penalties imposed thereunder.
21 All monies and revenue collected pursuant to this ordinanc
3' shall be deposited in the General Fund and the City Clerk will
4 prepare and submit monthly to the Finance Officer a statement
g showing the monies collected. and to be transferred from the Gen-
6 eral Fund to the Parking and Business Improvement Fund.
7 SECTION SIX: The. Parking and Business Improvement Board
8 shall make recommendations to the. Mayor and Common Council as to
9 how the revenue derived from said additional tax shall be used in
10 said area within the scope of the aforementioned uses. San Ber-
11 nardino Downtown Associates, also known as SBDA, an organization,
12 shall be and serve as the Parking and Business Improvement Board.
13 The Board shall submit to the Mayor and Common Council its
14 recommendations for proposed uses with a budget of proposed ex-
15 penditures and a claim for authorized expenses against said
16 special fund. Upon approval, the claim and budget shall be re-
17 ferred to the. Finance. Officer for processing.
18 SECTION SEVEN: No business license shall be issued pur-
19 suant to Ordinance No. 763 unless the additional business license
20 tax imposed by this ordinance is paid together with the business
21 license payable pursuant to and imposed. by Ordinance No. 763.
22 Any person, firm or corporation operating or carrying on
23 a 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 delinquency for the assessment
28 of 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
~3=
l~~l postmark after said dates, as set forth in said Section Eleven,
21 shall be deemed delinquent and subject to penalty assessment.
3 For failure to pay the tax before the applicable delin-
4~~I quent date, there is imposed a penalty of fifty percent (508) of
51 the 'tax. An additional penalty of fifty percent (508) of the tax
I
6i shall be imposed on the. last day of the third consecutive month
7j of delinquency. Such penalties shall be added to the. tax due.
8i SECTION NINE: This Ordinance is an emergency and urgency
9 measure necessary for the immediate. preservation of the public
10 peace, health or safety and shall go into effect on October 1,
11~ 1972. The facts constituting such necessity are:
12 The City of San Bernardino does not have sufficient funds
13 at present to enable it to promote business areas and to provide
14 for adequate parking within the. business areas. As a result,
15 businesses are moving out of the City and areas which were once
16 a larger source of tax revenue .for the City are deteriorating and
17! become blighted. This Ordinance would provide a means by which
18 the City could raise the necessary funds to be used for the pur-
19 poses. set forth herein in order to stimulate. the interest of the.
20 public and to keep businesses within the City. In order that
21 this problem may be solved without delay and the City may have th
22 necessary funds for the fourth quarter of the business year of
23 1972, it is imperative that this act take. effect on October 1, 192
24 SECTION TEN: If any section, sub-section, sentence, Claus
25 or phrase of this Ordinance is for any reason held to be invalid
26 or unconstitutional by the decision of any Court of competent jur
27 indiction, such decision shall not affect the. validity of the re-
28 maining portions of the. Ordinance. The Common Council hereby de-
29 dares that it would have passed this Ordinance and each section,
30 sub-section, sentence, clause-and phrase hereof, irrespective of
31 the. fact that any one or more of the sections, sub-sections, sen-
32 tences, clauses or phrases. hereof be declared invalid or uncon-
stitutional.
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1 SECTION ELEVEN: Ordinance No. 3283 is hereby repealed.
2 I HEREBY CERTIFY that the foregoing ordinance was duly
3 adopted. by the Mayor and Common Council of the City of San Ber-
4 nardino at a ~ ~ - i' meeting thereof, held on the 1;~'?
5 day of ter, 71 r.;' , 1972 by the following vote.,
6 to wit:
7
AYES: Councilmen ,~„~,t~~~G'
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$ y'` !ice _ 1
9 NAYS : f.; /
10 ABSENT: ~i~:.r:C,L/i,.7-'c ~~il?~,,.~~'
11
12 ;
13 City .
The foregoing ordinance is herfeby apgroved thi _ a ~
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of , 1972.
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17 y r o t e C ty o an Bernar ino
18 Approved as to form:
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20 ~ ~7' i1"'/Lci
City ttorney
21 (p)
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