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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.
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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.
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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
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A-CT iJ A(,C U T G : AN GER
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
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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