Section
161.01 Resolution of intention, public hearing and findings
161.02 Definitions
161.03 Establishment of boundaries
161.04 Establishment of District Board of Directors
161.05 Establishment of benefit assessment
161.06 Purpose and use of benefit assessments
161.07 Exclusions from benefit assessment
161.08 New business assessment waiver
161.09 Collection of benefit assessment
161.10 Voluntary contributions to district
161.11 Annual budget process
161.12 Decisions regarding expenditure of funds
161.13 District proceeds do not offset city services
161.14 Public parking
161.15 Disestablishment of the district
The recitals hereof, which set forth facts regarding the adoption of Council resolutions, the conduct of public hearings and certain findings of the City Council, are true and correct and incorporated herein by reference.
(Ord. 1218, passed 10-1-97)
In order to distinguish between district businesses and for the purpose of calculating and applying the amount of benefit fees owed, the following definitions shall apply:
BILLING PERIOD. The period beginning September 1st to and including August 31st of the following year.
FINANCIAL. Banks, savings and loans, credit unions, etc.
FISCAL YEAR. July 1st to and including June 30th of the following year.
LODGING BUSINESSES. Include inns, hotels, motels, RV parks and other similar businesses.
PROFESSIONAL. Includes attorneys, architects, accountants, engineers, surveyors, physicians, dentists, optometrists, chiropractors and others in a medical / health service field, consultants, real estate brokers, financial advisors, laboratories (including dental and optical), hearing aid services, artists and designers.
RESTAURANTS. Include cafes, eating establishments, sandwich shops, dinner houses, restaurants and fast food services and other similar businesses.
RETAIL BUSINESSES. Include all businesses not covered by other definitions set out in this section, at least 50% of whose gross income is derived from "retail sales" as that term is defined under the California Sales and Use Tax Law. The fact that a substantial part of its business consists of sales other than retail sales does not exclude said business from this classification so long as such other business component does not account for more than 50% of said business' gross income.
SERVICE BUSINESSES. Include general office, news and advertising media, printers, photographers, personal care facilities and outlets, contractors/ builders, service stations, repairing and servicing businesses, renting and leasing businesses, utilities, vending machine businesses, household finance companies, and other similar businesses not otherwise included in types 1, 2, and 4 of definitions for retail businesses, restaurants, lodging businesses, professional, or financial.
(Ord. 1218, passed 10-1-97)
A business improvement district is hereby established pursuant to the Parking and Business Improvement Area Law of 1989, Sts. and High. Code § 36500 et seq. The boundaries of the district and the benefit zones within the district shall be as set forth on Exhibit "A", attached hereto and incorporated herein by reference. This district shall be known as the "Old Town Indio Business Improvement District" (the "District").
(Ord. 1218, passed 10-1-97)
There shall be a Board of Directors of the district to administer the affairs of the district. This Board shall be constituted by fifteen member businesses of the district. The initial Board shall be approved by the City Council from a list of business operators located in the district that is submitted by the Formation Committee. Within the Board there shall be a President, Vice-President, Secretary and Treasurer elected by the membership, and such other officers as deemed necessary by the Board. Such other officers shall be appointed by the Board of Directors at their discretion. All voting within the district regarding election of Board Members and any actions regarding the normal and routine conducting of district business shall be based on one vote per assessed dollar, and said business must be current in payment of their district assessment(s) to participate in such votes.
(Ord. 1218, passed 10-1-97)
All businesses, trades, and professions located within the district boundaries shown on Exhibit "A" shall, commencing September 1st, pay an annual benefit assessment to the district in the following amounts:
Proposed Old Town Indio Annual BID Fee
Zone A | Zone B
| |
Retailers and Restaurants | $200 (1-3 emp.) $300 (4-6 emp.) $400 (7+ emp.) | $100 $150 $200 |
Hotels / Motels | $200 | $100 |
Service Businesses | $150 | $75 |
Professional Businesses | $100 | $50 |
Financial Institutions | $500 | $500 |
(Ord. 1218, passed 10-1-97)
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