Indian Wells Municipal Code Art. I General Provisions

The purpose of this Chapter is to authorize the City to levy assessments on businesses and/or properties within a parking and business improvement area and to provide a uniform procedure to levy assessments for improvements and activities of businesses and/or properties located and operating in a parking and business improvement area of the City. This Chapter does not affect or limit any other provisions of law authorizing or providing for the furnishing of improvements or activities or the raising of revenue for these purposes. In addition, this Chapter is intended to provide a method for financing public programs to attract tourist visits to areas where tourism is economically important and desired.

(Ord. 673 § 1, 2013)

For the purpose of this Chapter, unless it is plainly evident from the context that a different meaning is intended, the following definitions shall apply:

"Activities"

means, but is not limited to, all of the following: (1) promotion of public events which specially benefit businesses and/or properties 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) promotion of tourism within the area; and (4) activities which specially benefit businesses and/or properties located and operating in the area.

"Area"

means a parking and business improvement area established pursuant to this Chapter.

"Assessment"

means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will specially benefit the businesses and/or properties located and operating within an area.

"Business"

means all types of businesses and includes financial institutions and professions located in an area.

"City"

means the City of Indian Wells, California.

"City council"

means the City Council of the City.

"Improvement"

means 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: (1) parking facilities; (2) benches; (3) trash receptacles; (4) street lighting; (5) decorations; (6) parks; and (7) fountains.

"Increase" or "increased"

means a decision by the City Council that either: (1) increases the rate used to calculate an assessment in an area; or (2) revises the methodology by which the assessment is calculated in an area, if that revision results in an increased amount of assessment being levied on any business or property in an area (including, but not limited to, adding new businesses or property to an area that were not previously subject to an assessment). An assessment is not "increased" if either: (1) the City Council adjusts the rate of the assessment in accordance with a previously approved formula or range, so long as the rate is not increased beyond the level previously approved by the City Council and the methodology previously approved by the City Council is not revised so as to result in an increased amount of assessment being levied on any business or property; or (2) actual payments from a business or property owner are higher than would have resulted when the City Council approved the assessment, if those higher payments are attributable to events other than an increased rate or revised methodology, such as a change in the classification, density, intensity, or nature of the business or use of property.

"Property"

means real property situated within an area.

(Ord. 673 § 1, 2013)