Mountain View Municipal Code Div. 7 Bond Plan G (annual Benefit Assessment Bonds.)

When the resolution of intention provides that Sec. 17.128.15 or Bond Plan G shall apply, bonds shall be authorized and issued and assessments levied and collected in accordance with this division.

(Ord. No. 17.79, 4/30/79.)

a. Powers. There is vested in the council the power to issue vehicle off-street parking bonds upon any district created under this Code to finance the cost of acquiring, constructing, improving, extending and financing vehicle offstreet parking facilities and incidental expenses, and to levy annual benefit assessments for the purpose of paying principal and interest on said bonds and the annual cost of maintenance and operation of said facilities.

b. Purpose. The purpose of this section is to provide a procedure by which assessment bonds may be issued and assessments levied for the purposes set forth in Sec. 17.128.10 and to permit the bond fund to receive the proceeds of pledges and assignments of revenues and contributions and to allow the annual assessments to reflect changes in benefits which have taken place during the preceding year.

c. Declarations in resolution of intention. When the council determines that bonds shall be issued under this division to finance all or part of the cost of any project, it shall declare in its resolution of intention therefor that said proceedings shall be conducted pursuant to Division 5 of Article II hereof and bonds shall be issued in the total amount of the cost of the project, exclusive of contributions and exclusive of any portion financed by other bond plans or financing methods, pursuant to this section. If it is intended that the annual costs of maintenance and operation of such project be levied in accordance with the same benefit formula as the capital costs thereof, the resolution shall also declare such intention.

d. Special funds. A special fund to be appropriately identified with the project and in this section called "the bond fund," shall be created and maintained for each issue of bonds. If assessments are levied to pay the annual costs of maintenance and operation of the project, a special fund to be appropriately identified with the project and in this section called the "maintenance fund" shall also be created and maintained for such project.

e. Trust funds. All moneys pledged and assigned or contributed to the payment of the bonds and the interest thereon, and all annual assessments levied to pay the bonds and the interest thereon, as hereinafter provided, shall be deposited in the bond fund for such issue, shall constitute a trust fund therefor, and shall not be expended for any other purpose. The proceeds of all annual assessments levied to pay the costs of maintenance and operation of the project, together with any other moneys appropriated or contributed for such purposes, shall be deposited in the maintenance fund, shall constitute a trust fund therefor and applied solely to such purposes.

f. Budget. The city manager shall annually cause to be prepared a budget for each bond issue hereunder, which shall include the following:

1. The gross amount required to pay the principal of and interest on said bonds which will become payable before the proceeds of the next succeeding assessment levy hereunder becomes available therefor;

2. The balance available therefor at the end of the fiscal year in the bond fund;

3. The amount estimated to become available therefor pursuant to any pledge and assignment of revenues in the assessment proceedings from any revenues which may be provided to be collected by the city from any parking facilities in or for the district created for said bonds, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;

4. The amount of revenues to be collected from street parking meters within or without the district, if any, which have been pledged and assigned to the payment and security of said bonds, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;

5. The amount of contributions, if any, which the city proposes to make to the bond fund and to the maintenance fund for the fiscal year for which an annual assessment is to be levied, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied; and

6. The balance of the amount provided in paragraph 1 of this subsection; together with, if applicable, the amount necessary to pay any and all costs and expenses of maintaining and operating the parking facilities then due or thereafter to accrue before the proceeds of another levy shall be available therefor.

g. Benefit assessments. The amount provided in paragraph 6 of Subsection f, including adequate provision for anticipated delinquencies, shall be raised by an annual assessment on all real property within the district.

The annual apportionment of benefits in the levy of annual assessments upon the real property within the proposed assessment district shall be levied in accordance with the formula set forth in the engineer's report provided in Sec. 17.128.13 and confirmed by the council pursuant to Sec. 17.128.17. Such formula may include a provision for the granting of credits against assessments to the extent that private off-street parking places and facilities shall have been provided for the year by owners of real property within the district.

The formula may provide for reasonable classifications of property based on zoning, land use, ownership and other factors which affect benefits, including, without limitation, the fact that land is greater than a fixed distance from a particular public parking facility or a combination of distances from public parking facilities, at the time of a levy.

The formula may also be based, in whole or in part, upon parking deficiencies, determined in accordance with the requirements of the applicable provisions of the city planning and zoning ordinances or any other reasonable method.

As used in this section, "real property" means all land and improvements which are subject to special assessment for benefits from local improvements (and for maintenance and operation thereof, if applicable) under the State and Federal Constitutions.

The report shall show the various data, rates and factors necessary to compute the annual assessments.

h. Correction of errors. If the assessment roll contains any error in the description of the land or in any other respect, the list may be corrected at any time before it is finally approved by the council. Any error or change subsequent to such final approval, other than a decrease in any assessment, must be accomplished on notice and hearing in the manner herein provided for modifications, unless such notice is expressly waived by all of the owners of the property involved in the change.

i. Effect of error. No error in the assessment roll shall render the assessment of a parcel invalid.

j. Certification and filing. When the report has been completed, it shall be signed by the city engineer, dated and filed with the city clerk, on or before May 15th of each year.

k. Hearing. Said report shall come on regularly for hearing by the council at its regular meeting held on the second Tuesday of June in each year.

l. Publication and posting. The city clerk shall cause notice of the hearing on the report to be given by publication and by posting.

m. Notice by mail, first report. The city clerk shall cause notice of the hearing on the first report for any bond issue to be mailed.

n. Mailing, subsequent reports. Notices shall not be required to be mailed to any person as to hearings on subsequent reports, when the report is heard at the time fixed in subsection k 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, ownership or improvement of which has changed in such a manner as to produce a higher assessment thereon than in the preceding year.

o. 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 special assessment district created and established for the project and pursuant to the resolution of intention cited above. Said report sets forth the amounts proposed to be levied for the fiscal year 19___-19___, upon the several parcels of real property in the district, which report is open to public inspection.

Said report will be heard by the Council at its meeting to be held on the _______ day of _______, 19___, at the hour of ___ o'clock ___.m., Council Chambers, City Hall, Mountain View, California, at which time said Council will examine said report and hear all persons interested therein.

Any person interested, objecting to the amount of the assessment on any parcel of real property owned by such person, may file with the City Clerk, at or before the hour fixed for hearing, a protest in writing signed by such person, describing the parcel so that it may be identified, and stating the grounds for the protest, and may appear at said hearing and be heard in regard thereto.

p. Id.—Mailing. The form of mailed notice shall be substantially as set forth in Subsection o of this section, but shall also contain a description of the parcel covered by the notice sufficient to identify it, and the amount of the proposed assessment against said parcel as set forth in the report.

q. Protests. The clerk shall endorse on each protest the date it is filed with the clerk, and shall show whether said protest was filed prior to the hour fixed for hearing. No protest received after said hour shall be counted in determining the quantum of protest, but the council may, in its discretion, consider said protests in making its decision.

r. Public hearing. At the time and place fixed for the hearing, or at any time to which the hearing is adjourned, the council shall:

1. hear all persons having an interest in any real property within the district;

2. hear all objections, protests or other written communications from any persons interested in any real property within the district;

3. take and receive oral and documentary evidence pertaining to the matters contained in the report;

4. remedy and correct any error or informality in the report, and revise and correct any of the acts or determinations of any city officers or employees, as contained therein; and

5. amend, alter, modify, correct and confirm said report and each of the assessments therein.

s. Certification. The report, together with the certificate of the clerk as to the fact and date of approval by the council, shall be delivered, at or before the time the council fixes the general city tax rate for said fiscal year, to the officer designated by law to extend city taxes upon the tax roll on which they are collected.

t. Posting and report. Said officer shall post to the tax roll the total amount of the assessment proposed to be levied and collected for said year, as set forth in said report.

u. Method of collection. The special assessment shall be levied and collected upon the last equalized secured and utility tax rolls upon which general city taxes are collected. It shall be in addition to all other taxes levied for general city purposes, and shall be levied, entered and collected together with, and not separate from, general city taxes, and enforced in the same manner and by the same persons and at the same time and with the same penalties and interest as are other taxes for city purposes, and all laws applicable to the levy, collection and enforcement of taxes for city purposes are made applicable to said special assessment levy, and the assessed real property, if sold for taxes, shall be subject to redemption within one year from the date of sale in the same manner as such real property is redeemed from the sale for general city taxes and if not redeemed shall in like manner pass to the purchaser.

v. Sale for delinquency. All of the provisions of Part 13, commencing with Section 8800, of Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915) relating to sale of delinquent property are applicable to delinquent assessments levied under this section, except that Sec. 8804 and 8809 shall not apply.

w. Foreclosure by action. All of the provisions of Part 14, commencing with Section 8830, of Division 10 of the Streets and Highways Code (the Improvement Bond Act of 1915), relating to foreclosure by action, are also applicable to delinquent assessments levied under this section. The city may covenant, in the resolution providing for the issuance of the bonds, that it will initiate the foreclosure action therein authorized promptly upon the occurrence of a delinquency and prosecute such action to conclusion with due diligence.

x. Lien. The lien of the assessment levied under this section attaches at the same times and has the same priorities as the lien for general taxes.

y. Contributions. The council may annually, at, or prior to, the time the levy is made, or at such other time as it shall determine, transfer to the bond fund or to the maintenance fund such amount or amounts as it shall determine.

z. Public property. If the assessment formula so provides, public property (other than tax-deeded property), whether or not used in the performance of a public function, shall be exempt from the levy of assessments issued under this section.

aa. Omitted property. If any parcel of property is omitted from the tax roll for any year it shall be added at the end of the roll and assessed as contained in the report. If any property is omitted in any such report it shall be assessed for the omitted amount in the next year after said omission is discovered, and appropriate provisions shall be made in the report for said year.

bb. Reassessment. When any court of competent jurisdiction, or the council of its own volition, determines that any levy of assessment pursuant to this section is void, invalid or unenforceable for any reason, or any court, for any reason, enjoins the collection of any such assessment, the council may levy a reassessment.

The engineer's report on reassessment shall be prepared and filed on order of the council, notice given, hearing held and reassessment levied and confirmed, all in the same manner as the original assessment, as nearly as may be, except that the formula to be used in the determination of benefits or the properties subject to assessment, or both, may be other and different from that provided in this section, if required in order to be consistent with the determinations and orders of the court.

The reassessment shall be collected in the same manner as the original assessment, except that if it is levied too late for inclusion in regular city tax bills, it shall be collected on special bills to be prepared and mailed and collected in the same manner as regular tax bills. Subsection u shall apply just as if regular city tax bills were used.

The reassessment provisions of this subsection are alternative to the reassessment provisions elsewhere contained in this division.

If any reassessment levied under this subsection or any other part of this division is held invalid for any reason, the council may conduct additional reassessment proceedings under this division, or any state law, to the end that the cost of the project is paid by the properties benefited thereby.

cc. Id.—Lien. The lien of any reassessment shall attach at the same time and have the same priority as the lien of the original assessment.

dd. Security for existing bonds. If any invalidity is not in the bonds themselves or in the issuance thereof, the council may so declare and conduct a reassessment proceeding in the same manner as the proceedings for the formation of the original district, but without the issuance of new bonds. In such event, the reassessment proceedings shall constitute the proceedings providing a legal authority for the issuance of the outstanding bonds, and the redemption fund created in any such reassessment proceeding shall constitute a trust fund for their payment.

ee. Exchange of existing bonds. If the invalidity is in the bonds themselves or in the issuance thereof, or if the council shall so determine in the reassessment proceedings, new bonds shall be issued and exchanged for the outstanding bonds. The new bonds shall mature in the amounts and at the times provided for the outstanding bonds, as nearly as may be.

If the council shall so determine, it may assign different bonds and allot maturities as it shall deem equitable.

ff. Limitation of actions. The limitation of actions provided in Section 329.5 of the Code of Civil Procedure is applicable to any attack on or defense against the collection of the annual assessment herein provided for.

gg. Validating proceedings. An action to determine the validity of any assessment district, bonds, assessments, supplemental assessments, reassessments, contracts or evidence of indebtedness, and of the proceedings conducted in connection therewith pursuant to this section, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.

hh. Assessment levy for unsold bonds' use of proceeds. Chapter 5 (commencing with Section 5400), Division 6, Title 1 of the Government Code shall apply to bonds issued pursuant to this section, except that the proceeds referred to in Section 5404 of the Government Code shall be used only for some purpose which is of special benefit to the district including, but not limited to, the payment of or reimbursement for such of the costs and expenses as have already been paid or incurred for the benefit of the district and which could have been included in determining the amount of bonds to be issued, or the payment of principal of or interest on bonds previously issued on behalf of the district.

(Ord. No. 17.79, 4/30/79.)

a. Issuance of bonds. The council may, by resolution, provide for the issuance of bonds of the district in an amount not exceeding the amount estimated to be necessary to make the proposed acquisitions and improvements, to pay the incidental expenses in connection therewith and the proceedings therefor and to establish a reserve fund for the payment of the principal of and interest on the bonds, and for working capital and interest during the period of construction and for a period of not to exceed six (6) months thereafter, less any amount to be contributed by the city for such purposes, all as set forth in the engineer's report pursuant to Sec. 17.128.13.

b. Modification of proposed acquisitions and improvements; notice and hearing; determination required. If at any time either before or after issuing bonds, the council so determines, it may at one time or from time to time add to, eliminate, change or otherwise modify any of the proposed acquisitions and improvements after notice and hearing in the same manner as provided in Sec. 17.128.14, except that the action to order such addition, elimination, change or modification may be taken by majority vote of the council. No such addition, elimination, change or modification shall be made unless following such hearing the council shall determine that all of the territory within the district as originally formed or as changed pursuant to Sec. 17.128.14, as the case may be, will be benefited by the acquisitions and improvements remaining after such addition, elimination, change or modification. No such addition, elimination, change or modification shall be made in violation of the provisions of any resolution providing for bonds already issued.

c. Additional bonds. If at any time the council finds that the proceeds of the bonds first issued will be insufficient to make all of the acquisitions and improvements described in the resolution approving the project and to pay the additional items specified in Subsection a may at one time or from time to time issue additional bonds to the extent permitted by the provisions, conditions and covenants contained in the resolution providing for the issuance of any bonds previously issued.

d. Description of bonds and interest coupons. The council shall describe the form of bonds and of the interest coupons to be attached thereto.

e. Maturity; time and place of payment. The bonds shall all mature within 35 years after the date thereof and shall be payable at the times and at the place to be fixed by the council and designated in the bonds.

f. Bonds callable for redemption before maturity. The council may make all or any portion of the bonds callable for redemption before maturity at such time, price, and other conditions as it determines. Any bond callable before maturity shall contain a recital to that effect.

g. Denomination, interest rate. The bonds shall be issued in such denomination or denominations as the council may prescribe and payable on the day fixed in the bonds, with interest at the rate specified in the bonds.

h. Signatures. The bonds shall be signed by the mayor of the city or by such other officer as the council in the resolution authorizes and designates for that purpose and by the treasurer, and countersigned by the clerk.

i. Interest coupons; numbering; signature. The interest coupons on the bonds shall be numbered consecutively and signed by the treasurer.

j. Facsimile signatures. All of the signatures on the bonds and interest coupons may be printed, lithographed, or engraved facsimile except the countersignature of the clerk, which shall be manually affixed.

k. Signatures; continuing validity. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to the purchaser, his signature or countersignature shall nevertheless be valid for all purposes, the same as if he had remained in office until the delivery of the bonds.

1. Recitals as to source of payment. The bonds shall state in substance that:

(a) The bond and interest are payable solely from:

(1) The gross or net, as the case may be, revenues from the operation of the parking place or places acquired and improved with the proceeds, if such is the case.

(2) The net revenues, or a portion thereof, from parking meters on certain public ways within the district, if such is the case.

(3) Annual benefit assessments, to be levied upon real property in the district, if such be the case.

(b) Neither the city nor any of its officers is to be held otherwise liable for its principal or interest.

m. Maintenance and operation; rentals, fees and charges. The resolution providing for the issuance of the bonds may also provide for the maintenance and operation of the parking facilities, for the fixing and collecting of rentals, fees and charges for the availability or use of parking facilities, for the establishment of a special fund into which all revenues derived from the operation of the parking facilities shall be placed, for the use of moneys in this fund for payment of the expenses of operating and maintaining the parking places, for the payment of the bonds and the interest thereon, or for the establishment and maintenance of any reserve funds, sinking funds or other funds designed for securing or paying the bonds and the interest thereon.

n. Restrictions on operation of competing facilities. The resolution providing for the issuance of the bonds may also provide for restrictions on the operation by the city or the district of other facilities for the public parking of motor vehicles which would compete with the facilities, the revenues of which are pledged to the payment of the bonds and the interest thereon.

o. Necessary or desirable provisions. The resolution may also contain any provisions, not inconsistent with this part, which are necessary or desirable to carry out its intent and purpose.

p. Provisions of resolution as covenants. The provisions of the resolution shall constitute covenants for the benefit and protection of the holders of the bonds, and any holder may enforce the covenants by mandamus or other appropriate remedy.

q. Elimination or modification of provisions. Any provision of the resolution, except a provision as to the amount or time of payment of principal or interest on the bonds, may be later eliminated or modified by the legislative body, if the holders of not less than sixty percent (60%) of the outstanding bonds have agreed in writing to the elimination or modification.

r. Proceeds of sale. The proceeds of the sale of the bonds shall be placed in the city treasury to the credit of the proper district fund and applied exclusively to the objects and purposes for which the same were issued.

s. Proceeds of sale; use to pay interest. The proceeds may be used to pay the interest on the bonds during the period of construction of any parking place and for a period of six months thereafter, except that the total period during which interest is paid from the proceeds shall not exceed three years from the date of the bonds.

t. Negotiability. The bonds and the interest coupons thereof shall be negotiable instruments.

u. Acquisitions and improvements; use of bond proceeds and city contributions. With the proceeds from the sale of the bonds and with any money which the city has agreed to contribute for the purpose, the city by and through its proper officers shall make the acquisitions and improvements finally determined upon.

v. Construction contracts. All contracts for the construction of any improvements shall be let and entered into as other contracts are let and entered into by the city.

w. Surplus bond proceeds. When the acquisitions and improvements have been accomplished, any unexpended bond proceeds shall be placed in the bond fund for the payment or securing of the principal and interest of the bonds, or may be used to pay the cost of additional acquisitions and improvements for the district, and expenses incidental thereto, pursuant to change and modification proceedings.

x. Surplus revenue from parking facilities. After the bonds and all interest thereon have been fully paid, or prior thereto to the extent permitted by express provision of the resolution providing for the issuance of the bonds, all revenues derived from the operation of the parking facilities and not required for the operation and maintenance of the facilities may be used for the further improvement of the facilities for the benefit of the district, as the council of the district may decide. Any excess revenues shall be paid into the general fund of the city or the fees and charges reduced so that there will be no excessive revenue.

y. Proceedings for further acquisition or improvement. Proceedings may later be taken hereunder for the further acquisition or improvement of public parking facilities for the district and the issuance of bonds therefor as provided in this part. Any such proceedings may be initiated by the council. The procedure specified in this part for the approval of a specific project and the issuance of the bonds shall be followed so far as applicable; provided, however, that at the hearing the council shall have no power to change the boundaries of the district and the acquisitions and improvements finally ordered to be made must be ones which the council, following the hearing, finds to be of benefit to the district as originally formed.

z. Security by revenues from facilities previously acquired. Notwithstanding the provisions of Subsection x, the bonds issued under Subsection y to provide additional public parking facilities for the district may in part be secured by revenues from facilities acquired with the proceeds of bonds previously issued, to the extent that the allocation and pledge of such revenues to payment of the additional bonds is not prohibited by the resolution providing for the bonds previously issued. The revenues from such additional facilities may be used to pay principal and interest on bonds previously issued to the extent authorized by the resolution providing for the issuance of the bonds issued for such additional facilities.

(Ord. No. 17.79, 4/30/79.)

a. Creation. The council may create a parking committee which may be known as the City of Mountain View downtown parking committee or downtown parking committee.

b. Organization. Such committee shall consist of as many members as the council may direct who shall be appointed by the council. Each member shall serve at the pleasure of the council for a term of four years or until the appointment and qualification of a successor.

c. Meetings. The committee shall meet within one month of its formation and establish itself by electing a chairman, vice-chairman and secretary to serve at the pleasure of the committee. A regular time and place of meetings shall be established and adhered to in the manner of holding public meetings for legislative bodies in the state. All meetings shall be open to the public unless by law otherwise provided.

d. Powers—Duties. The committee shall study, investigate and hold the public hearings on the problems arising in any parking district with respect to its purposes.

The committee shall make recommendations to the council or any other board or commission of the city with respect to any action which the committee believes should be taken or upon which it has been requested to advise.

(Ord. No. 19.79, 5/14/79.)