Chapter 13.12 — ACQUISITION AND IMPROVEMENT PROCEDURE

(a) Necessity of Improvement. When it appears that the public convenience and necessity require an acquisition and/or improvement and proceedings should be taken without complying with the provisions of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, a public hearing shall be held on the said question of the public convenience and necessity therefor which shall be called and notice of the time and place thereof shall be given in accordance with the provisions of this section.

(b) Preliminary Determination of Necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Investigation Act.

(c) Notice and Hearing. The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in two or more issues of a newspaper published and circulated in the city, and a copy shall be posted on or near the council chamber door or on a bulletin board in or adjacent to the city hall. The posting and first publication shall be had at least ten days before the date of hearing. The resolution may be consolidated with the resolution of intention and the notice may be incorporated in the notice of improvement.

(d) Objections. Any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act.

(e) Final Determination of Necessity. If no protests are made, or when the protests shall have been heard and overruled, the council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisitions, and that the Investigation Act shall not apply. The finding may be incorporated in the resolution ordering the improvement and/or acquisition.

(f) Modification. When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the resolution ordering the changes and modification shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications.

(g) Jurisdiction. The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths of the members of the council, and its findings and determination shall be final and conclusive.

(h) Nonapplication. This section shall not apply to a proceeding which is excepted from the provisions of the Investigation Act, or when the investigation proceedings have been avoided or taken pursuant to said Act.

(i) Finality. When proceedings for any improvements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under this section, proceedings may thereafter be had under this section with reference thereto, and the order of the council determining convenience and necessity therein shall be final and conclusive.

(Ord. 2277 (part), 1966: prior code § 40.401)

(a) Powers. When proceedings are taken pursuant to this section, the Improvement Act of 1911 shall apply.

(b) Cash Assessments - Alternative Collection. As an alternative method for the collection of cash assessments or assessments of less than fifty dollars levied under the provisions of this section, the council may, and upon the written request of the contractor or his assigns must by resolution adopted at or before the first day of September, direct that such assessments be collected upon the tax roll upon which general taxes are collected for the city.

(c) Cash Assessments - Resolution, Contents. The resolution shall contain a description of the properties so assessed, the amount of such

assessments, together with interest thereon from the date of filing the original list of unpaid assessments and at the rate of one percent per month to the next succeeding thirty-first day of December of the tax year for which such roll shall have been prepared, and the total amounts of principal and interest on each property.

(d) Cash Assessments - Filing. A certified copy of said resolution shall be delivered immediately to the officer designated by law to extend city taxes upon the tax roll on which they are collected.

(e) Cash Assessments - Extension on Roll. Said officer shall extend upon such roll the total amounts of such assessments and interest.

(f) Cash Assessments - Collection. Said amounts shall be collected at the same time and in the same manner, as general municipal taxes are collected, and be subject to the same penalties and interest, and to the same procedure under foreclosure and sale in case of delinquency, as provided for general municipal taxes, all of which laws for the levy, enforcement and collection of which are hereby made applicable to such special assessment taxes.

(g) Cash Assessments - Payment to Contractor. The assessments and the interest so entered shall become due and payable to the contractor or his assigns at the office of the city treasurer on the second day of January next succeeding.

(h) Cash Assessments - Default. Upon default in payment, the lands so assessed shall be sold in the same manner in which real property in such city is sold for the nonpayment of general municipal taxes, and be subject to redemption within one year from the date of sale in the same manner as such real property is redeemed from such delinquent sale, and upon failure of such redemption, shall in like manner be sold or pass by deed to the city. The city shall not, however, be required to pay into the assessment fund any part of such delinquency until such property be redeemed or sold and money received therefor.

(i) Cash Assessments - Default - Resale. Upon receipt of such deed the city shall thereupon offer and sell such property at public auction in the manner provided by law for the sale of its tax deeded property, and the amount of said assessment and the penalties and interest thereon less the costs of said sale shall be paid to said contractor or his assigns.

(j) Cash Assessments - Default - No Bidder. In the event there shall have been no bidder offering the amount then due on such property, it may, at the city's election, be declared sold to the owner of such assessment, and in like manner be deeded to him, and such assessment ordered satisfied of record.

(Ord. 2277 (part), 1966: prior code § 40.402)

(a) Powers. When proceedings are taken pursuant to this section the Street Opening Act of 1903 shall apply.

(b) Closing. Said proceedings may be for closing or abandoning any street or easement, and the council may therein determine that no assessment is necessary.

(c) Resolution of Intention. The ordinance of intention may be called a resolution.

(d) Notice of Improvement. The notice of improvement shall be so called and no map need be contained therein.

(e) Cash Assessments - Alternative Collection. Cash assessments or assessments for less than fifty dollars may be collected as provided in the alternative procedure of Section 13.12.120.

(Ord. 2277 (part), 1966: prior code § 40.403)

(a) Powers. When proceedings are taken pursuant to this section the Municipal Improvement Act of 1913 shall apply.

(b) Hearing. The hearing on the report need not be set for more than ten days beyond the date of setting.

(c) Bonds. Bonds may be issued upon any supplemental assessment and more than one such assessment may be had.

(d) Payment - Time. The time provided for payment of assessments may be thirty days.

(e) Payment - To Whom. Payment shall be made to the city treasurer unless the council shall specify some other officer to whom payments are to be made.

(f) Eminent Domain. Proceeding in eminent domain may be exercised under the Code of Civil Procedure.

(g) Stipulations for Judgment. Stipulations and proceeding thereon for judgment may be had as provided in the Street Opening Act of 1903.

(h) Offset. Awards and assessments may be offset as provided in the Street Opening Act of 1903.

(i) Referees. Reference to referees may be had as provided in the Street Opening Act of 1903.

(j) Surplus. Where surplus is not used for maintenance of the improvement and is ordered refunded and the assessment has been paid in cash in full, the portion of the surplus applicable thereto shall be returned in cash to the person paying it upon his furnishing satisfactory evidence of such payment. The determination of the city controller as to the sufficiency of such proof and the person to whom such money shall be paid shall be final and conclusive. Where the assessment or any installment is unpaid, the credit shall be applied upon such assessment or the earliest unpaid installment of principal and interest. When bonds have been, or are provided to be issued under Bond Plan D or E or G, the surplus shall be deposited in the bond interest and redemption fund. Any surpluses remaining unexpended for a period of four years after final completion of the project and payment of all costs and expenses thereof may be transferred to the general fund. As to any such surpluses existing at the time of the effective date of Ordinance No. 2204 (September 24, 1964), such transfers may be ordered by the council after hearing following notice by publication and posting of intention to do so.

(Ord. 2277 (part), 1966: prior code § 40.404)

(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.

(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 be 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 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.

(l) 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.

(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 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.

(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 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.

(Ord. 4415 § 1, 1997: Ord. 2443 (part), 1968: Ord. 2277 (part), 1966: prior code § 40.405)

(a) 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 subdivision (1) and rentals under subdivision (2) and payments and rentals under subdivision (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 title 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 title or any general law.

(Ord. 2443 § 4, 1968)

(a) Parking Authority - Need. The council hereby declares that there is need for a parking authority to function in the city, and that there is a need for the city to exercise the power of parking authority.

(b) Name. The name of the parking authority shall be "City of Palo Alto Parking Authority," hereinafter referred to as "the authority."

(c) Organization. The council hereby declares itself to be the authority, and all of the rights, powers, duties, privileges and immunities, vested by law in the authority, except as otherwise provided in this section, shall be vested in the council as the parking authority.

(d) Source of Powers. This section is adopted pursuant to the municipal affairs provision of the charter of the city and the Parking Law of 1949. To the extent that any power granted to the authority herein is adjudged to be a state affair, the source thereof shall be deemed to be the Parking Law of 1949. To the extent that such power is adjudged to be a municipal affair, its source shall be deemed to be Article XI, Section 6 of the State Constitution and said municipal affairs provisions of the city charter.

(e) Powers - General. The authority shall have and may exercise all of the powers granted to a parking authority by the Parking Law of 1949. The authority shall also have and may exercise the powers hereinafter enumerated in this section.

(f) Method of Financing. The method of financing of a project may include any method authorized by the Parking Law of 1949, by any other applicable general law, or by this code, and may consist of all, or any combination, of said methods.

(g) Assessment Procedures. Prior to authorizing the execution of any documents which would obligate the city to make payments or rentals from the sources set forth in Section 13.12.060, the council shall conduct such proceedings under Chapter 13.12 as are necessary for the levy of

assessments thereunder; provided, that if said proceedings are conducted pursuant to Section 13.12.040, the engineer's report shall consist only of the following items:

(1) A general plan of the proposed improvement sufficient to identify its general nature, location and extent;

(2) A statement of the rentals or payments proposed to be made, the sources of funds therefor, and the assessment formula or formulae proposed to be applied;

(3) Any other engineering or financial data required by law to sanction the levy of a legal and valid special assessment.

The mailed notices of hearing shall, to the extent possible, set forth the estimated annual assessments against the parcel covered by each notice.

Subsection (x) of Section 13.16.130 shall apply in the event of assessment delinquencies.

(h) Issuance and Sale of Bonds. Section 33138 of the Parking Law of 1949 shall not apply. The authority may issue and sell its bonds at public or private sale, at or below par, and at the interest rate fixed by the bid of the purchaser.

(Ord. 2571 § 1, 1970)