Chico Municipal Code Ch. 3.64 Off-Street Parking - Revenue Bonds

This chapter may be cited as the “City of Chico Off-Street Parking Revenue Bond Ordinance.”

(Prior code §16A. l (Ord. 764 §l ))

A. Unless otherwise provided in this chapter and so far as applicable, the definitions contained in the Revenue Bond Law of 1941 or incorporated therein by reference shall apply to this chapter and to all proceedings hereunder.

B. Charter. The term “Charter” means the Charter of the city in effect on the date of adoption of this chapter or as hereafter amended .

C. Commission. The term “commission” means the board of parking place commissioners of the city under the 1943 Law.

D. Enterprise. The term “enterprise” means any one or more revenue-producing improvements, facilities or undertakings used for or useful in the providing of public parking lots, garages or other automotive or vehicular parking facilities, including any and all public off-street vehicular parking facilities in the city and all parts thereof and appurtenances thereto and lands, easements, rights in lands, contract rights and franchises appurtenant thereto.

E. Revenue Bond Law of 1941. The term “Revenue Bond Law of 1941” means the Revenue Bond Law of 1941, State Government Code, Sections 54300 et seq., as amended and in effect at the time of adoption of this chapter.

F. Revenue Bond Law of 1941; This Chapter. Reference in the Revenue Bond Law of 1941 to “this chapter” means Chapter 6 of Part 1 of Division 2 of Title 5 of the State Government Code (being the Revenue Bond Law of 1941)

G. Vehicle Parking District Law of 1943. The term “Vehicle Parking District Law of 1943” or the term “1943 Law” means the Vehicle Parking District Law of 1943, State Streets and Highways Code, Sections 31500 et seq., as amended and in effect at the time of the adoption of this chapter.

(Prior code §16A.2 (Ord. 764 §2, Ord. 1133 §7))

This chapter is adopted pursuant to Section 1107 of the Charter of the city.

(Prior code §16A.3 (Ord. 764 §3))

The provisions of this chapter shall be controlling to the extent that they are in conflict with any of the provisions of any general law or statute of the state.

(Prior code §16A.4 (Ord. 764 §4))

This chapter is not exclusive. The council will have the power to provide other procedures or to follow procedures or powers now or hereafter provided by general law. The procedures or powers herein are alternative. When proceedings are undertaken pursuant to this chapter, only its provisions need be followed.

(Prior code §16A.5 (Ord. 764 §5))

In addition to all other powers now or hereafter granted to the city by the Constitution or laws of the state or by the Charter, the city shall have power to acquire, construct, improve and finance any one or more enterprises and, for the payment of the cost thereof, including all incidental expenses, interest during construction, reserve funds and other funds necessary for the better securing of the revenue bonds hereinafter referred to and reimbursement to the city of any funds advanced after the effective date of this chapter to pay all or any part of the cost of acquiring, constructing, improving or financing of any enterprise, to issue revenue bonds payable exclusively from the revenues of any or all enterprises.

(Prior code §16A.6 (Ord. 764 §6))

The revenue bonds referred to in Section 3.64.060 shall be issued under the Revenue Bond Law of 1941, and all of the provisions of the Revenue Bond Law of 1941 are incorporated in this section and made a part hereof; excepting, however, that no election shall be required to authorize the issuance of any such revenue bonds.

(Prior code §16A.7 (Ord. 764 §7))

The authorization granted to the council by this chapter to issue revenue bonds for enterprises is complete, and no additional authorization shall be required for their issuance.

(Prior code §16A.8 (Ord. 764 §8))

Revenue bonds issued under this chapter shall not be taken into consideration in determining the bonded indebtedness which the city is authorized to incur and shall be excluded from any limitation provided by Charter or by law on the amount of general obligation bonded indebtedness of the city.

(Prior code §16A.9 (Ord. 764 §9))

Notwithstanding any provision of the Vehicle Parking District Law of 1943 to the contrary, the commission may, subject to the provisions of Section 3.64.110, adopt a resolution authorizing the city, acting through the council, to operate, manage, maintain and take possession and complete charge, supervision and control of any or all parking places under the jurisdiction of the commission under the Vehicle Parking District Law of 1943 and to make and enforce all necessary regulations for the use of such parking places and to fix, regulate and collect rentals, fees or charges for the parking of vehicles in such parking places and to pledge any or all of such revenues (A) to the operation and maintenance of such parking places as a part of the operation and maintenance of any one or more enterprises and (B) to pay the principal of and interest on, and otherwise to secure any or all revenue bonds issued by the council pursuant to this chapter.

(Prior code §16A.10 (Ord. 764 §10))

Before adopting any resolution pursuant to Section 3.64 100, the commission shall adopt a resolution declaring its intention to adopt a resolution pursuant to Section 3.64.100 and shall in such resolution designate (A) by general description, the parking place or places, jurisdiction over which is proposed to be transferred to the city, and (B) a time and place at which the commission shall hear protests to the adoption of the resolution provided for in Section 3.64.100. Such resolution of intention shall be published, posted and mailed and hearing shall be held all subject to the time limitations, and proceedings to adopt the resolution pursuant to Section 3.64.100 shall be terminated in the manner provided for a hearing on an ordinance of intention to form a vehicle parking district under the Vehicle Parking District Law of 1943. If at such hearing the proceedings are not so terminated, the commission may proceed to adopt a resolution pursuant to Section 3.64.100. A copy of each such resolution so adopted, certified by the secretary of the commission, shall be filed with the council, and the council shall thereupon assume jurisdiction of the parking place or places designated in such resolution for all purposes of this chapter.

(Prior code §16A. 11 (Ord. 764 §11))