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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)
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)
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)
Any new business established within the district shall not be required to pay an assessment for the billing period during which said business is initiated. The business will have been considered initiated on the date of issuance of the business license. This waiver shall not apply to an existing business that has changed ownership or location within the district. The city agrees to supply the district with timely information regarding new businesses initiated within the district.
(Ord. 1218, passed 10-1-97)
The benefit assessment authorized by this chapter for city businesses (§ 161.05) shall be billed and collected once each fiscal year on September 1st. The city will bill and collect the benefit fees, at no charge to the district, and forward all funds collected to the district within 30 days of said collections. Late payment penalties may be applied to businesses that do not provide their respective benefit fee payments on the dates provided for in this chapter.
(Ord. 1218, passed 10-1-97)
Contributions to the district shall be permitted on a voluntary basis. The boundary of the district shall not be modified as a result of the contribution, nor shall said contributing business be considered a member of the district for voting or other purposes. However, said business making a voluntary contribution may be entitled to participate in the programs of the district upon a finding by the Board of Directors that the district derives a benefit from said business' participation in the program.
(Ord. 1218, passed 10-1-97)
Pursuant to Cal. Sts. and High. Code § 36500 et seq., it shall be necessary for the District Board of Directors to present an annual budget for City Council review and approval prior to the beginning of any fiscal year. The purpose of this process is to comply with the Code provisions regarding public notice and hearing prior to establishing the benefit fees for the next fiscal year. The city shall not adopt, modify or otherwise amend any fiscal year budget of the district that is inconsistent in any way with said fiscal year's budget as agreed to and presented by the District Board of Directors except in the case of a written majority protest (regarding elimination or modification of a specific budget item) from business owners which will pay 50% or more of the benefit fees proposed to be levied as to any specific budget item pursuant to Cal. Gov't. Code § 36525 (b). In such case the written protest regarding any specific budget item shall be grounds to eliminate or modify said expenditure from the district's proposed budget pursuant to the written protest.
(Ord. 1218, passed 10-1-97)
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