Loading...
HomeMy WebLinkAbout1997-05-05 Ordinance 4415ORDINANCE NO. 4415 ORDINANCE OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 13.12.050 OF THE PALO ALTO MUNICIPAL CODE RELATING TO DELETING TERRITORY FROM PARKING ASSESSMENT DISTRICT BOUNDARIES follows: The Council of the City of Palo Alto does ORDAIN as SECTION 1. Section 13.12.050 (Parking Districts) of Title 13 (Improvement Procedure) of the Palo Alto Municipal Code is hereby amended to read as follows: 13.12.050 Parking districts. (a) Parking place. Parking place includes a parking lot, garage, or sub -surface structure, including the grading, paving, draining, sewering, lighting or otherwise improving of such lot, and buildings and improvements necessary or convenient for the parking of motor vehicles including parking meters and other equipment and facilities necessary or convenient therefor, together with the provisions necessary or convenient for ingress to and egress from such places. (b) Power. There is hereby vested in the council the power to acquire, construct, reconstruct, install, extend, enlarge, repair, improve, maintain and operate public automobile parking places within the city; to acquire, by purchase, lease or eminent domain the lands and public rights -of -way necessary or convenient therefor, to acquire and construct public improvements and equipment and facilities necessary or convenient therefor, and to levy assessments and issue bonds to pay for the cost of the whole or any part thereof and the expenses incidental thereto. (c) District. The whole, or any portion, of the city may be formed into an improvement and/or maintenance district and assessments may be levied upon, and bonds may be issued against, the properties therein for the purpose of paying for the costs of acquiring, constructing, reconstructing, installing, extending, enlarging, repairing, improving, maintaining and operating parking places, and the expenses incidental thereto. Proceedings for the formation of such district or districts levying such assessments and issuing such bonds, shall be had as provided in Chapters 13.12 and 13.16 of this title. (d) Property. The city may purchase, lease, obtain, option upon, acquire by gift, grant, bequest, devise, eminent domain, or otherwise and hold, sell, lease, exchange, transfer, assign, or otherwise dispose of, any real or personal property within the city, or any interest in, or improvement on, such property. All property shall be acquired and held in the name of the city. 1 970507 lac 0031520 (e) City lands. City lands or property may be acquired. In such event the resolution of intention shall describe same and state the amount and manner of payment of the compensation. In lieu thereof, the council may provide in said resolution that the compensation for said property shall be an amount to be fixed by the decision of two or three disinterested competent appraisers to be appointed by the city council. (f) Sale of property. The council may sell any property acquired for parking places which is not needed therefor. Any money received from such sale may be used for the acquisition, construction or improving of other parking places in said district. It may also be applied as a credit on any assessments levied for the acquisition of such property, in which case the provisions of Section 13.12.040(j) shall apply. (g) Lease of property. When, in its opinion, the public interest and economy will be served thereby, the council may lease one or more parking places and facilities. In so doing, the council may restrict or partially restrict their use to owners and tenants of real property in the district and classes of persons designated by such owners or tenants. (h) Surplus space. Surplus space may be rented or devoted to commercial uses other than for the parking of automobiles when in the council's judgment it is necessary or convenient to conduct or permit such use in order to utilize properly the property as a parking space. Rentals received for such purposes shall be deposited in the improvement fund or in the operating fund or in the bond interest and redemption fund for said project as the council shall determine. (i) Fees and rentals. The council may fix rentals, fees or other charges for the properties, works and facilities of any parking place. In so doing, it may establish rates, charges or rentals for the owners and tenants of such properties and classes of persons designated by the owners or tenants which differ from and are less than the rates, charges and rentals charged other persons. (j) Operation. Such parking places may be maintained and operated, and all or any costs and expenses thereof, including rent, repairs, replacement, fuel, power, electrical current, care, supervision, and any other items necessary for the proper maintenance and operation thereof, may be expended for that purpose. Included in such costs may he the cost of replacements, improvements and extensions to any parking place necessary or convenient for the proper operation thereof. (k) Maintenance cost. An annual assessment may be levied upon the real property within the district established therefor for the purpose of maintaining and operating such parking places. Such assessment shall be in an amount clearly sufficient to pay any and all costs and expenses of maintaining and operating such parking 2 970507 Ise 0031520 places then due or thereafter to accrue before the proceeds of another levy shall be available therefor. Such levy shall be apportioned among the properties within such district on the basis of the ad valorem value of such land as shown on the last equalized secured and utility tax rolls upon which city taxes are collected. (1) Annual report. When any part of the operative cost is to be paid by a special levy, the city manager shall annually file with the city clerk a written report stating in reasonable detail the estimated cost of maintenance and operation for which an assessment is to be levied in that year, including the cost of replacements, improvements and extensions to any parking place. It shall also state the rate of the levy to be made therefor. When such report shall have been preliminarily approved by the council, the clerk shall give notice to interested persons that such report has been filed in his office and open to inspection, and of a time and place when such report will be heard by the council and an assessment ordered. Such notice may be by publication in a newspaper published in the city, or if none, in one printed and published in the county and circulated in the city, or by mail to the last assessees of the property at their addresses appearing on the last city tax roll, or as known to the clerk, at least ten days before the day set for hearing. (m) Hearing on report: The report shall be fully heard, and may be altered, amended or supplemented by the council. When all objections have been heard and action taken with reference thereto, by their having been overruled or otherwise, such report shall be confirmed by resolution of the council. Such levy shall become and remain a lien on the property described therein from the date it is confirmed until paid. (n) Id. _ Collecting assessment. The officer who performs such duty shall compute and extend the amounts thereof on the next tax rolls on which city taxes are collected, and it shall be collected in the same manner, and be subject to the same penalties, costs and interest, and may be redeemed, and the property sold for nonpayment thereof, and title shall pass to the purchaser, as provided for city taxes, except that the period of redemption shall be one year instead of five. (o) Transfer of funds. The city may advance funds for the acquisition, construction or improving of such parking places, or for the maintenance and operation thereof, and reimburse itself from the proceeds of any assessment subsequently levied for that purpose. It may also make contributions thereto from available funds. (p) Pledge. The council may, at any time, make such pledge or pledges as it shall determine, for the payment of the principal and interest of the bonds, or for the maintenance and operation of the facilities acquired or to be acquired therewith, or for adequate reserves, from the income and revenue of on and off-street parking facilities. 3 970307 lac 0031520 • (q) Covenants. The council may provide all proper and usual covenants for the proper security and payment of the principal and interest of the bonds. (r) Alteration of district boundaries. The boundaries of such district or of any district formed pursuant to any section of this title or pursuant to Ordinance No. 844 or Ordinance No. 1928 or pursuant to general law may be enlarged at any time either before or after the issuance of bonds. The territory to be annexed shall be set forth in a resolution of intention to be adopted by the council, which shall give notice that said matter, and all persons interested, will be heard by the council at a time to be stated therein, at the regular meeting place of the council. (s) Id. Publication. Such resolution shall be published. (t) Id. _ Hearing. The hearing may be adjourned from time to time. At the hearing the council shah have power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefited by being annexed. (u) Id. _ Order. The council shall by resolution order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. (v) Id. Effect. Thereafter the property annexed shall be subject to special levies for :maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of the improvements. (w) Id. Terms and conditions. The council may make Such annexation subject to one or more of the following terms and conditions: (1) The payment of a fixed or determinable amount of money, either as a lump sum or in installments, for the acquisition, use, or right of use of all or part of the existing property of any district, or as compensation to the district for the enjoyment by the annexing property of the privileges and immunities of property in the district. (2) The levying or fixing and the collection of (i) special, extraordinary or additional assessments, or (ii) special, extraordinary or additional service charges, rentals or rates, or (iii) both, for the purpose of providing for any payment required pursuant to subdivision (1) of this subsection. (3) The imposition, exemption, transfer, division or apportionment, as among any affected districts of liability for payment of all or any part of principal, interest and any other amounts which shall become due on account of all or any part of any outstanding or then authorized but thereafter issued bonds, including revenue bonds, or other contracts or obligations of any 4 970507 lac 0031520 district or any improvement district or zone therein and the levying or fixing and the collection of any (i) assessments, or (ii) service charges, rentals or rates, or (iii) both, as may be necessary to provide for such payment. (4) The formation of a new improvement district or districts or zone or the annexation or detachment of territory to or from any existing improvement district or districts or zone. (5) The incurring of new indebtedness or liability by or on behalf of all or any part of any district or of any existing or proposed new improvement district or zone therein. (6) The issuance and sale of any bonds, including authorized but unissued bonds. (7) The acquisition, improvement, disposition, sale, transfer or division of any property, real or personal. (8) The disposition, transfer or division of any moneys or funds (including cash on hand and moneys due but uncollected) and any other obligations. (9) The fixing and establishment of priorities of use or right of use or capacity rights in any public improvements or facilities or of any other property, real or personal. Any such terms and conditions selected by the council shall be set forth in the resolution of intention, all persons interested may be heard thereon, and such thereof as are determined by the council after the hearing to be in the best interests of the annexing territory and the district, shall be set forth in the resolution ordering the annexation. (x) Deletion of territory from districts. The boundaries of such district or any district formed pursuant to any section of this title or pursuant to Ordinance No. 844 or Ordinance No. 1982, or pursuant to general law may be revised at any time either before or after the issuance of bonds by the deletion of territory therefrom in accordance with the procedures and considerations specified for annexation of territory in subsections (r) through (w) above. Any resolution of the council finally ordering any deletion of territory from a district shall expressly find that such deletion shall not affect the repayment of any bonds of the district as a consequence of such deletion. It is expressly provided that a condition of approval of deletion of territory shall include the payment of sufficient cash or the provision of other securities approved by the City to mitigate any possible decrease in security for any such bonds. B?CTION 2. The Council finds that this is not a project pursuant to the California Environmental Quality Act ("CEQA") and that no environmental assessment is necessary. 5 970507 lac 0031 no • • SECTION 3. This ordinance shall be effective on the thirty-first day after the date of its adoption. INTRODUCED: April 22, 1997 PASSED: May 5, 1997 AYES: ANDERSEN, EAKINS, FAZZINO, HUBER, KNISS, MCCOWN, ROSENBAUM, WHEELER NOES: ABSENT: ABSTENTIONS: NOT PARTICIPATING: SCHNEIDER APPROVED AS TO Senior Asst. City Attorney The DOCUMENT IS CERTIFIED TO BE AN ORDINANCE DULY PASSED BY THE COUNCIL OF THE CITY OF PALO ALTO AND THEREAi-TER POSTED 1 NCIL OWNERS ON DAYS OF ITS PASS -E) •I certify (or dectsref under penatty pl persury that the foregoing is true L.. Director of Public Works 6 970507 Lac 0031520