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HomeMy Public PortalAboutOrd. 1262 > _ .,Y L t `_ K . ORDINANCE NO. 1262 AN ORDINANCE OF THF. CITY COUNCIL OF THE CITY OF LYNWOOD ESTABLISHING A CITY-WIDE PARKING AND BUSINESS IMPROVEMENT AREA IN THE CITY OF LYNWOOD ARID ADDING SECTION 17-58 TO THE LYNWOOD MUNICIPAL CODE. The City Council of the City of Lynwood does hereby ordain as follows: Section 1. That the City Council of the City of Lynwood hereby fin s~ determines and declares as follows: (a) That pursuant to Section 36500 et seq. of the Streets and Highways Code of the State of Calif- ornia, the City Council adopted, on May 21, 1985, that certain Resolution No. 85-58 entitled: "A RESOLUTION OF~THE CITY COUNCIL OF THE CITY OF LYNWOOD DECLARING ITS INTENTION TO ESTABLISH A CITY-WIDE PARKING AND BUSINESS IMPROVEMENT AREA IN THE CITY OF LYNWOOD", and caused said Re- solution to be duly published and mailed, as provided by law; (b) That a Public Hearing concerning the formation of said City-Wide Parking and Business Improve- ment Area?(hereinafter "Area") was held on June 18, 1985 and was continued to July 16, 1985 at the hour of 7:30 p. m_ in the City Hall Council Chamber of the City Hall of the City of Lynwood; (c) That at said Hearing all written and oral protests made or filed were duly heard, evidence for an against the proposed action was received, and a full, fair and complete Hearing was granted and held; (d) That all protests, both written and oral, were duly overruled and it was determined by the Council that there was no majority protest with- in the meaning of said Streets and Highways Code, Section 36500 et seq.; (e) That the public interest, convenience and ne- ~.:~ cessity require the establishment of the pro- posed Area; (f) That businesses conducting their activities with- in the Area will benefit by the expenditure of funds raised by the charges, as contemplated by said Saction 36500, et seq. Section 2. ESTABLISH:'~1ENT OF A.'~EA. Pursuant to Section 36500 et seq. cf the Streets and Highways Code of the State of California, a Parking and Business Improvement Area of tiie`City of Lynwood is 2iereby created and established. Section 3. DESCRIPTION OF AREA. The Area shall include all of the territory within the exterior boundaries of the City of Lynwood as same exist on the date of adoption of this Ordinance. :~ ~' ', ~ . Section 4. SYSTEM OF CHARGES. This Ordinance adds Section 17-58 to the Lynwood Municipal Code: (a) In addition to the Business License Tax imposed upon businesses regularly established in the City in the classifications described Division 3, Section 17-57, there is hereby imposed an addi- tional Business License Tax in an amount equal to fifty percent (500) of the Business License Tax otherwise imposed upon such businesses; (b) Payment of Charge. The charge hereby levied shall be due and payable and shall be paid at the same time and in t're same manner that t'r_e Business License imposed by the City Code is due and payable; (c) Payment Pre-requisite to License: (1 No Business License shall be issued pur- suant to the Lynwood Municipal Code unless the Business License charge hereby imposed is paid together with the Business License payable pursuant to said Code; and (2) A Business License shall be considered unpaid and penalties shall be assessed upon the total amount, at the rate speci- fied in Article II, Division 3, Section 17-56 of the Municipal Code, until such time as both the Business License Tax and the charge are paid. (d) Refusal to Pay Charge. No person shall fail or refuse to pay the additional Business License Charge imposed; (e) Statement of Charge Due. A written statement, on such forms as may e required or furnished by the Ci-ty Manager., shall be filed when the charge is paid. Section 5. Voluntary Contribution. Any business which is exempt from the payment of the c arge by reason of the provisions of the Constitution of the United States, or the State of California, may make voluntary contributions to said Area for the purposes pro- vided in this Ordinance. Section 6. Use of Revenues. Uses of revenues derived from charges i- mp pursuant to this Ordinance shall be limited to the following: (a) The acquisition, construction, or maintenance of 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 the Area; (d) Furnishing of music in any public place in the Area; (e) The general promotion of business activities in the Area. Section 7. Accounting of .Funds. The City shall create a special revenue category into which the charges levied under this Ordinance shall be placed. The City Council shall annually approve a Budget which includes an estimate of the expenditures to be made from the City-wide Parking and Business Improvement Area assessment. Section 8. Amendments. Businesses within the Area es- tablished by this Ordinance shall be subject to any amendments to Section 36500 et seq. of the Streets and Highways Code. ,.. ~~ .. Section 9. Effective Date. This Ordinance shall apply to Business License taxes levied for the calendar year 1986 and each year thereafter, and the additional charges imposed by this Ordinance shall be due and payable from January, 1986. Section 10. If any section, sentence, clause or phrase of this Ordinance is, for any reason, held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Lynwood hereby declares that it wculd have passed, and does hereby pass, this section and each sentence, section, clause and phrase hereof, irrespective of the fact that ary one or more sections, sentences, clauses, or phrases be declared invalid or unconstitutional. Section 11. That the City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. Section 12. The City shall certify to the adoption of this Ordinance and cause the same to be published in the Lynwood Press, a newspaper of general circulation, printed, published and circulat- ed in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 16th day of J~~ul~~ -- __ 1985, and finally adopted and ordered published at a a jou~reg meeting of said Council held on the 25th day of November, 1985, by the following vote: AYES: NOES: ABSENT: ATTEST: COUNCILMEN IIENNING, MORRIS, TH0,IPSON, BYORK NONL' COUNCILMAN ROPJE ANDREA L. HOOPER, CIT CLERK CITY OF LYNWOOD APPROVED AS TO FORM: ~~Fq OF LYNWOOD APPROVED AS TO COPITENT: h~ S G. GOMEZ, C CITY ATTORN Y f^'~ A-CT iJ A(,C U T G : AN GER 6 _~ ,- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. ~, r I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1262 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 27th day of (SEAL) November lUII5. City Clerk, City of Lynwood