HomeMy WebLinkAboutORD 2798. r
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• I .. • WJML:KIJ~ 1-14-74-55
ORIGINAL
ORDINANCE NO. 2798
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
PALO AL'I'O AMENDING THE PAID ALTO MUNICIPAL
CODE, RELATING TO SPECIAL ASSESSMENT AND
ASSESSMENT BOND PROCEDURES
1he Council of the City or Palo Alto, California, does ordain
as follows:
Section 1. Subsection (j) of Section 13.16.150 of Chapter
13.16 of T:ttle 13 of the Palo Alto Municipal Code, ia amended to
read:
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( j) Benefit Assessments: The amount provided
in subdivision (6) of subsection {1), :i..ncluding
adequate provision for anticipated delinquencies,
shall be raised by an annual assesswent on all real
property within the parking assessment district in
the ratio of the adjusted square footage of floor
areas of nonresidential structures (other than those
completely vacant on the. lien date)., together with
land area assessments if necessary, all determined
as hereafter provided, until all of the bonds and the
interest to accrue thereon have been paid in full.
The formula set forth in this paragraph is hereinafter
referred to as 'the ordinance formula 1 •
In lieu of the ordinance formula set forth in the
first paragraph o~ this subsection (j), the council
may, in the resolution of intention, set forth a
different formula (herein called 'the proceedings
formula') to be used in determining the annual appor
tionment of benefits in the levy of annual assessments
upon the real property wlthin the proposed assessment
district. Such proceedingn formula may include a
provision for the granting o.f credits against assess
ments to the extent that private offstreet parking
places and facilities shall have been provided for the
year by owners of real pt~operty w1th,in the district.
In stating the proceedings formula, the council
may provide for reasonable classificatio~s or property
based on zoning, land use, ownership and other factors
which affect benefits, including, without 11m1 ta t1on,
the fact that land is greater than a fixed distance
from a particular public parking facility or a com
bination of distances from public parking facilities,
at the time of a levy.
The proceedings formula may also be based, in whole
or in part, upon parking deficiencies, determined in
accordance with the requirements or the applicable
provisions of the city planning and zoning ordinances.
In the event that a proceedings formula is
established, subsections (k) and (1) shall apply only
if the actions required therein are necessary under the
proceedings formula, and the engineer's report and all
subsequent proc~edinge shall be based on the proceedings
formula.
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As used 1n thin section, the term 'renl property'
means all land and improvements which are subject to
special assesoment for benefils from local improve
ments under the state and feder'a 1 cons ti tu ti :)D3."
Section 2. Subsection (m) of oaid Section 13.16.150 is amended
to read:
"{m) Preparation of Engineer's Report: (A)
Ordinance formula: Immediately upon receipt of the
foregoing data~ the city engineer shall prepare a
report containing the following data as to each
parcel within the parking assessment district in
columnarized form:
(1) A description of each parcel of land in the
parking assessment district~ by a legal description,
assessor's parcel number or other description suffi
cient to identify the same;
(2) The gross number of square feet or floor
area in any building or structure on each parcel, a~
provided under subsection {k);
(3) The number of parking spaces required for
each parcel, as provided by the director of planning
and community development;
(4) The number of off-street parking spaces
provided in satisfaction thereof, as provided by the
director of plannin~ and community development;
(5) The ratio of (4) to (3);
(6) The amount of adjusted square footage in
each building or structure, determined.b¥ reducing
the gross square foota~e set forth in (2) by the
ratio as set forth in l5), and the total adjusted
square footage in the parking assessment district;
(7) The rate of assessment per adjusted square
foot, determined by dividing the figure provided by
the city controller under subdivision (6) of section
(1) by the total amount of adjusted square footage
in the parkiqg assessment district determined under
(6). The rate of assessment shall in no event exceed
a rate per adjusted square foot to be determ:'Lned by
the council and set forth in the resol~tion of inten
tion. In the event that the proceeds of an assessment
levied at the maximum rate in any year are insufficient
to raise the amount of money provided in subdivision
(6) of subsection (i), the balance shall be raised by
an additional assessment on the real property within
the parking aasessnient district, in the ratio of their
land areas. The engineer's report for such year shall
include a column for such land area assessment.
,(B) Proceedingn formula: If the resolution of
intention states a p~oceedings formula, the repo~t
shall show the various data~ rates and factors
necessary t"o compute the annual assessments."
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Section 3. Subsection (t} of said Section 13.16.150 is amended
to read:
" ( t) Mai lingj Subsequent Reports: Notices shall
not be required to be mailed to any person as to hear
ings on subsequent reports, when the report is heard
at the time fixed in subsection (q) above. If, for
any reason, the report cannot be heard on said date,
the clerk shall fix another date, and shall mail
notice of said hearing. The clerk may, but is not
required to, mail notices to the owner of a parcel,
the zoning, use 1 owner,ship or improvement of which has
changed in such a manner as to produce a relatively
higher assessment thereon than in the preceding year.11
Section 4. Subsection (u) or said Section 13.16.150 is amended
to read:
"(u) Notice Form, Published and Posted Notice:
The form of notice to be published and posted shall
be substantially as follows:
NOTICE OF HEARING
ON PARKING ASSESSMENT ROLL
PROJECT NO.
RESOLUTION OF INTENTION No.
adopted ___ , 19_
NOTICE IS HEREBY GIVEN that the city engineer
has caused to be prepared and filed with the city
clerk a report which provides for levying special
assessments on the properties within the parking
assessment district created and established 'for the
project and pursuant to the resolution of intention
cited above. Said report sets forth the amoun~ pro-
posed to be levied for the fiscal year 19 -,
upon the several parcels of real property-rn the
parking assessment district created to pay the principal
and interest of the bonds issued in said project, which
report is ,open to public inspection.
Said report will be heard by th(;'! council at its
meeting to be held on the day of June, 19 , at
the hour of seven-thirty o 1clock p.m., councifchambers,
city hall, Palo Alto, California, at which time said
council will examine 3aid report and hear all persona
interested therein.
Any person interested, objecting to the amount of
the assessment on any parcel of real property owned by
him, may file with the city clerk at or before the hour
fixed for hearing, a protest in writing signed by hi.m,
def!cribing the parcel so that it may be identified,
and stating the ground of his protest, and may appear
at said hearing and be heard i_n regard thereto.n
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Section 5. Subsection (dd) or said Section 13.16.150 is amended
to read:
read:
" ( dd) Public Property: If' the ordinance formula
applies, or the proceedings formula so provides, public
property (other than tax-deeded property) whether or
not in the performance of a public function, shall be
exempt from the levy of assessments to service bonds
issued under this section }1
Section 6. Subsection (y) :ts added to Section 13.16.130 to
,(y) Election: No assessment district shall
be formed_, nor any ·oonds issued nor ass~ssrnents levied
under this section unless and until such .!'ormation
and levy have been approved by majority vote of the
qualified voters of the assessment district in the
manner herein provided. The election shall be
called and conducted in the manner provided in
Article 6, commencing with Section 2285, of Chapter
3 of Part 4 of Divisjon 1 of the Revenue and Taxa
tion Code of the State of California} except that:
(1) If there are less than twelve (12)
registered voters, as defined in the Elections
Code, residing within the assessment district, the
proposition submitted at the election shall be
approved by majority vote of both registered voters
and landmmers a a defined in Section 2285 of the
Revenue and Taxation Code.
(2) The election shall be conducted by the
city clerk in the manner provided for general city
elections.
{3) ~e election may be held at any time not
less than 30 nor more than 60 days after the call
of the election by the council."
Section 7. Section 13.16.160 is added to Chapter 13.16 of
Title 13 or said Code, to read:
"13.16.160. Bond plan H-Annual benefit
aseesament bonds. (a) Powers; There is hereby
vested in the council the power to issue annual
benefit assessment bonds upon any distrlct created
in this title to flnance any public improvement
authorized by section 13.04.010 •
. · (b) Procedure: All of the provisiona of
section 13 .. 16.150 shall apply, except those that
refer or relate to vehicle off-str~et parkl.ng
:racilities. · All references to such facilities .
shall be deem\!::d to refer to the public improvement
being financed under this section." ·
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Section 8. This ordinance shall not apply to any assessment
districts, bonds or Gssessment levies authorized prior to its effec-
tive date. Any assessment levies required to service outstanding
bonds shall continue to be levied in the time, form, manner and
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amounts required by the authoriz1n~ proceedings as if this ordinance
had never been adopted.
Section 9. If any section, subsection, sentence, clause,
phrase or word of this ordinance is held to be unconstitutional or
invalid, such decision shall not affect the remaining' portions of
this ordinance. The Council hereby declares that it would have
adopted and passed this ordinance and each part, chapter) article,
division_, section, <:Sn0sect1on, sentence, clause 1 phrase, and word
hereof, irrespective of the fact that any one or more of other
parts, chapters, artlc les 1 di vlsions, sections) subsec tiona,
sentences, clauses, phrases or words hereof be declared invalid
or unconstitutional •.
Section 10. This ordinance shall go into effect thirty (30)
days after its final passage by this Council.
* * * * *
The above and foregoing Ordinance was duly and regularly intro
duced at a regular meeting of the Council of the City of Palo Alto
on Monday~ the 17th day of June , 1974, and was thereafter
passed at a regular meeting of the Council or·the City of Palo Alto
on 8 -1 vote , the 1st day of July , 1974. by the following
vote: ----
AYES: Berwald, Clay, Comstock, Henderson,· Norton, Pearson, Rosenbaum, Sher
NOES : Beahrs
ABSENT: . None
APPROVED:
JMayor ·. , .
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