Mountain View Municipal Code Div. 5 Parking Districts

Parking place includes a parking lot, garage or subsurface 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 provisions necessary or convenient for ingress to and egress from such places.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

* As to motor vehicles and traffic generally, see Chap. 19 of this Code.

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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The whole, or any portion, of the city may be formed into an improvement 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 this article and Article III.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The city may purchase, lease, obtain, option upon, require 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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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 the resolution that the compensation for such property shall be an amount to be fixed by the decision of two of three disinterested competent appraisers to be appointed by the city council.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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 the parking 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 Sec. 17.103 shall apply.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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 the project as the council shall determine.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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 be the cost of replacements, improvements and extensions to any parking place necessary or convenient for the proper operation thereof. 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 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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The officer who performs the duty of collecting assessments shall compute and extend the amounts thereof in 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 non-payment thereof, and title shall pass to the purchaser, as provided for city taxes, except that the period of redemption shall be one (1) year instead of five (5).

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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 in the last city tax roll, or as known to the clerk, at least ten (10) days before the day set for hearing.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The council may provide all proper and usual covenants for the proper security and payment of the principal and interest of the bonds.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The boundaries of the districts provided for in this division may be enlarged from time to time. 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 such 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.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

Every resolution of intention described in the preceding section shall be published twice in a newspaper of general circulation published in the city, and if none, then in one printed and published in the county and circulated in the city, the first of which shall be at least ten (10) days before the date fixed for hearing.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The hearing may be adjourned from time to time. At the hearing the council shall have power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefited by being annexed.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

The council shall by resolution order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

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 such improvements.

(Ord. No. 175.501, 11/24/58; Ord. No. 54.64, 7/13/64.)

Additional parking places and facilities or other acquisitions and improvements for any assessment district may be acquired and improved by any or all or any combination of the following methods:

(1) By a lump sum payment or by contract of purchase with payments made annually or otherwise over a period of years;

(2) By lease or leaseback;

(3) Under lease with option to purchase.

Payments under subparagraph (1) and rentals under subparagraph (2) and payments and rentals under subparagraph (3) may be paid from revenues derived from the operation of the facilities and improvements of the district, from income derived from the sale, rental or other productive use of any surplus properties, improvements or facilities, from the proceeds of annual ad valorem or other annual assessments levied under this chapter or any general law, or from any other funds legally available therefor. Such annual assessments may be levied for such purposes in addition to any other purposes otherwise authorized by this chapter or any general law.

(Ord. No. 36.69, 9/22/69.)