§ 161.01 RESOLUTION OF INTENTION, PUBLIC HEARING AND FINDINGS.

   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)

§ 161.02 DEFINITIONS.

   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)

§ 161.03 ESTABLISHMENT OF BOUNDARIES.

   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)

§ 161.04 ESTABLISHMENT OF DISTRICT BOARD OF DIRECTORS.

   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)

§ 161.05 ESTABLISHMENT OF BENEFIT ASSESSMENT.

   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)

§ 161.06 PURPOSE AND USE OF BENEFIT ASSESSMENTS.

   The types of improvements and activities proposed to be funded by the levy of assessments on businesses in the district are as follows:

   (A)   The acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more including, but not limited to, the following improvements:

      (1)   Benches;

      (2)   Trash receptacles;

      (3)   Decorations;

      (4)   Facade improvements;

      (5)   Permanent landscaping.

   (B)   Activities including but not limited to the following:

      (1)   Promotion of public events which benefit businesses in the area and which take place on or in public places within the area;

      (2)   Furnishing of music in any public place in the area;

      (3)   Activities which benefit businesses located and operating in the area, including but not limited to downtown shopping and promotional programs.

(Ord. 1218, passed 10-1-97)

§ 161.07 EXCLUSIONS FROM BENEFIT ASSESSMENT.

   No person or business shall be required to pay a benefit fee based on: (1) a residential use of the property within the district, or (2) a non-profit organization as defined by § 501(C)(6) of the Internal Revenue Service Code located within the district.

(Ord. 1218, passed 10-1-97)