[Ord. 1101, 11-6-1991]
(A) 
Pursuant to Section 36500, et seq, of the Streets & Highways Code of the State of California, the City Council adopted, on September 18, 1991, that certain Resolution No. 5588, entitled “A Resolution of the City Council of the City of Indio, California, Declaring its Intention to Form a Parking and Business Improvement Area Pursuant to the Parking and Business Improvement Area Law of 1989”, and caused the Resolution to be duly published and mailed as proved by law; and
(B) 
A public hearing concerning the establishment of said parking and business improvement area (hereinafter "District") was held on October 17, 1991, at the hour of 4:00 p.m., in the City Council Chamber of the City Hall of the City of Indio, at 150 Civic Center Mall, Indio, California; and
(C) 
At said hearing all written and oral protests made or filed were duly heard, evidence for and against the proposed action was received, and a full, fair and complete hearing was granted and held; and
(D) 
All protests, both written and oral, are hereby overruled and it was determined by the Council that there was no majority protest within the meaning of Section 36525 of the Streets & Highways; and
(E) 
The public interest, convenience and necessity require the establishment of the proposed District; and
(F) 
The businesses and property included within the proposed District will be benefitted by the improvements and activities funded by the assessments proposed to be levied as contemplated by the section 36500, et seq, of the Streets & Highways Code.
[Ord. 1101, 11-6-1991]
A parking and business improvement area to be designated as "INDIO BUSINESS IMPROVEMENT DISTRICT NO. 1" is hereby created and established.
[Ord. 1101, 11-6-1991]
The geographic boundaries of the District shall be a described in a map entitled “BUSINESS IMPROVEMENT DISTRICT BOUNDARIES”, on file in the Office of the City Clerk, which is incorporated herein by this reference. The businesses to be included in, and subject to the assessments of the District include only automobile dealerships, that is, those businesses operating within the District boundaries with the primary function of the sale of new automobiles.
[Ord. 1101, 11-6-1991]
(A) 
The improvements and activities to be provided In the District are as follows:
(1) 
The general promotion of business activities in the District.
(2) 
Promotion of public events which benefit businesses in the District and which are to take place on or in public places in the District.
(3) 
Decoration of any public place in the District.
(4) 
Furnishing of music in any public place In the District.
(5) 
Acquisition, construction, installation or maintenance of any tangible property with an estimated useful life of five years or more, for the benefit of the District.
(6) 
Other activities which benefit businesses located and operating in the District.
(B) 
The foregoing improvements and activities will be funded by the levy of the assessments. The revenue from the levy of assessments within the District shall not be used to provide improvements or activities outside the District.
[Ord. 1101, 11-6-1991]
Assessments shall be levied on each business licensed in the District of which the primary function is the sale of new automobiles. The assessment shall consist of two parts: (1) an assessment per dealership, and (2) an assessment for each vehicle sold. Until and unless changed by resolution of the City Council, the assessment shall be at the rate of $500.00 per month per dealership, and $20.00 per vehicle sold. “Vehicle Sold”, as used in this section includes new and used cars and trucks, excepting those sold to federal, state or local agencies which are exempt from state sales tax, excise tax and state vehicle license fees, and further (excepting vehicles sold at or through the wholesale vehicle auction).
[Ord. 1101, 11-6-1991]
Assessments shall be collected by the same officer and in the sane manner as business license taxes are collected by the City under the provisions of Chapter 12 of the Indio City Code. The person charged with the duty of collecting the assessments shall have the discretion to collect the same annually, semi-annually, quarterly or monthly, and shall consider the recommendation of the advisory board in determining the period for collection. Failure or refusal to make timely payment of the assessments shall be subject to the same interest and penalties, civil and criminal, as are provided for the failure or refusal to pay business license taxes.
[Ord. 1101, 11-6-1991]
Any business whether or not subject to the levy of assessments within this District, may make voluntary contributions to said District for the purposes provided in this Ordinance.
[Ord. 1101, 11-6-1991]
There is created a special fund designated as “Indio Business Improvement District No. 1 Fund” into which all revenues derived from assessments and contributions under this chapter shall be placed, and such funds shall be sued only for the purposes specified in this chapter.
[Ord. 1101, 11-6-1991]
The City of Indio may authorize, at any time, an audit of the books and records or other materials of any business subject to assessments - in the District, relevant to the collection of assessments as provided in this Ordinance.
[Ord. 1101, 11-6-1991]
Businesses in the District established by this chapter shall be subject to any amendments to this chapter or to the Parking and Business Improvement Area Law of 1989.
[Ord. 1101, 11-6-1991]
There is hereby established an “Indio Business Improvement District Advisory Board” which shall consist of five members appointed by the City Council. The number of members may be increased to seven by Minute Order or Resolution of the City Council, acting on its own motion or upon recommendation of the Advisory Board. Each of such members shall be appointed to three year terms, provided, however, that initially one member shall be appointed to a one year term, two members to a two year term, and two members to a three year term. All terms shall begin July 1 of the year of appointment except that the persons initially appointed shall serve from the date of appointment, and their terms shall be measured as if they had begun July 1, 1992. Appointments to the Board shall be limited to owners or representatives of owners of businesses subject to assessment within the District. In making appointments to such Advisory Board, the Council shall seek recommendations from District members, based upon nomination and election from among District members.