San Bernardino Municipal Code Art. III Procedural Alternative II

Any part or parts of the city may be created and operated as a district or districts for the acquisition, construction, improvement, completion, repair, management, reconstruction, administration, maintenance, operation and disposal of public off-street parking places; bonds to pay the cost thereof may be issued and paid; revenues from on- and off-street parking facilities may be allocated and pledged; annual ad valorem assessments may be levied and collected; contributions may be made; covenants and agreements with the bondholders for the security and payment of such bonds may be made; and the Mayor and City Council shall have the powers, jurisdiction and authority all as now or hereafter provided in the Parking District Law of 1951 (herein called “1951 Act”), except as herein otherwise provided.

(Ord. 3589, passed 7-6-1976)

Statutory reference:

Parking District Law of 1951, see Cal. Streets and Highways Code, §§ 35100 et seq.

If the owners of taxable real property or taxable land, as the case may be, in the district having an assessed valuation of more than one-half of the assessed valuation of all taxable real property or all taxable land, as the case may be, in the district at the conclusion of the hearing have on file and have not withdrawn their written protests objecting to the formation of the district, the legislative body shall find that a majority protest has been filed, and no further proceedings shall be taken for a period of one year from the date of the decision of the Mayor and City Council on the hearing unless the protests are overruled by an affirmative vote of four-fifths of the members of the City Council in which event the proceedings may continue as if no majority protest had been made. Any person making a protest may withdraw the protest, in writing, at any time prior to the conclusion of the protest hearing.

(Ord. 3589, passed 7-6-1976)

The full amount of the bonds may be divided into two or more series and different dates fixed for the bonds of each series. The maximum term which the bonds of any series shall run before maturity shall not exceed 40 years from the date of the series.

(Ord. 3589, passed 7-6-1976)

The annual assessment provided for in the 1951 Act shall be computed on the basis of the formula set forth in the resolution of intention to form the district as originally adopted or as modified by subsequent change and modification or other proceedings conducted pursuant to this chapter or any other law, and the limitations upon the rate or period thereof provided in the Act shall not apply. If the assessed value of any parcel of property does not appear on the tax roll, an estimated assessed value of such parcel shall be made by the Director of Development Services in consultation with the County Assessor, and such estimate shall, for purposes of such ad valorem assessment, be considered the assessed value of such parcel.

(A) Supplemental advances and levies. The provisions of the Cal. Streets and Highways Code, §§ 8800 to 8809, inclusive, shall apply to assessments levied hereunder if so stated in the resolution of intention.

(B) Additional collection provisions. The provisions of the Cal. Streets and Highways Code, §§ 8680 to 8688, inclusive, and §§ 8830 to 8837, inclusive, shall apply to assessments levied hereunder.

(C) Charges.

(1) The Mayor and City Council, or the City Parking Commission, as the case may be, may, by resolution, prescribe, revise and collect fees, tolls, rates, rentals and other charges (other than special assessments), including, but not necessarily limited to, service charges and standby charges for services or facilities furnished by the district; charges for the availability of the facilities of the district, regardless of whether the facilities are used or not; and minimum charges. Such charges shall be payable on a uniform and equitable basis by the owner of the property to which the facilities of the district are available, including the owners of publicly owned property.

(2) Any delinquent charges and all penalties thereon when recorded as hereinafter provided shall constitute a lien on the real property to which the facilities of the district are available (except that no such lien shall be created against any publicly owned property), and such lien shall continue until the charge and all penalties thereon are fully paid or the property sold therefor.

(3) All remedies provided for collection of due and unpaid charges which are provided in the Revenue Bond Law of 1941 of the state may be exercised to enforce payment of any charges levied under this article.

(4) A resolution prescribing or revising such charges shall not be adopted until the Mayor and City Council or the Commission, as the case may be, has given notice of and held a hearing thereon substantially as provided in Cal. Gov’t Code, § 54354.5, being part of the Revenue Bond Law of 1941.

(5) Any assessment levied against any parcel of real property pursuant to this article which is held by any court of competent jurisdiction to be invalid or unenforceable for any reason shall be deemed to be a charge under this article, and the amounts of any assessments levied and collected against other parcels in the district and not affected by said holding of invalidity shall be credited against any charges which might otherwise be payable by the owners thereof, to the end that no parcel in the district is charged both an assessment and a charge for the same facility. Any change and modification or other proceeding conducted for the purpose of levying assessments under this article shall comply with the notice and hearing requirement of Cal. Gov’t Code, § 54354.5.

(Ord. 3589, passed 7-6-1976; Ord. MC-1027, passed 9-9-1998)

Statutory reference:

Parking District Law of 1951, see Cal. Streets and Highways Code, §§ 35100 et seq.

Revenue Bond Law of 1941, see Cal. Gov’t Code, §§ 54300 et seq.

The boundaries of the district heretofore or hereafter formed may be enlarged from time to time.

(A) Resolution of intention. The territory to be annexed shall be set forth in a resolution of preliminary determination and of intention to be adopted by the Mayor and City Council which shall give notice that the matter and all persons interested will be heard by the Mayor and City Council at a time to be stated therein.

(B) Publication. The resolution shall be published twice in a newspaper of general circulation published in the city and posted as provided in § 12.84.070.

(C) Hearing. The hearing may be adjourned, from time to time. At the hearing, the Mayor and City Council shall have the power to determine whether or not the entire territory, or only a portion thereof, to be annexed and the district will be benefitted by the annexation.

(D) Order. The Mayor and City Council shall, by resolution, order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive.

(E) Ad valorem assessment. Thereafter, the property annexed shall be subject to special levies for maintenance and operation and for any bonds issued for the acquisition for construction of improvements, the same as are the properties already in the parking district.

(Ord. 3589, passed 7-6-1976)

The Mayor and City Council may, at any time, pledge revenues from off-street parking places heretofore or hereafter acquired in other than the proceedings provided for herein in addition to those acquired in the proceedings.

(Ord. 3589, passed 7-6-1976)

The Mayor and City Council, in their discretion, may, by the adoption of a resolution, declare themselves to be the Parking Place Commission with any and all powers and duties of Parking Place Commissioners as provided for in the 1951 Act.

(Ord. 3589, passed 7-6-1976)

Statutory reference:

Parking District Law of 1951, see Cal. Streets and Highways Code, §§ 35100 et seq.

(A) Should there be included in the district property used for residential purposes, including in said term single-family and multiple-unit residential property, regardless of the zoning applicable thereto, the same shall be exempt from the assessments levied hereunder, so long as such property is lawfully used for residential purposes, upon a finding by the Mayor and City Council that:

(1) Such property is lawfully used for residential purposes; and

(2) Such property has adequate off-street parking for the residential uses involved.

(B) Each year, at the time of levying the assessment as provided in this chapter, such findings shall be reviewed, to the end that such exempt property will no longer be exempt and will be assessed:

(1) When the use is changed from the exempt residential use; and/or

(2) When the property, although still devoted to the same use, no longer has adequate off-street parking.

(C) Should a particular parcel of real property have another use, in addition to the residential use, only the proportionate value thereof attributable to the residential use shall be exempt.

(Ord. 3589, passed 7-6-1976)