Chapter 14.24

SAN JOSÉ PARKING DISTRICT CODE*

Parts:

• 1 General Provisions

• 2 Formation of District

• 3 Extension or Improvement of Project

• 4 Investigation Proceedings

Part 1

GENERAL PROVISIONS

Sections:

• 14.24.030 1951 Law - Portions incorporated by reference - Council powers.

• 14.24.040 Chapter provisions control in conflicts.

This Chapter 14.24 may be cited as the "San José Parking District Code." (Prior code § 2600.400.)

*Cross reference— For the Parking District Law of 1951, see Str. And Hwys. Code § 35100 et seq. For additional provisions on parking, parking meters and parking zones, see Title 11 of this Code.

• A. Unless otherwise provided in this Chapter 14.24, and so far as applicable, the definitions contained in the Parking District law of 1951 or incorporated therein by reference shall apply.

• B. "Fiscal agent" means the fiscal agent provided for in the resolution.

• C. "Parking District Law of 1951," "Parking District Law" and "1951 Law" mean, respectively, the Parking District Law of 1951, being Division 18, Part 4, Section 35100 - 35707, of the Streets and Highways Code of the state of California, as amended and in effect at the time of the adoption of this Chapter 14.24. Reference in the Parking District Law of 1951 (excepting Section 35100 thereof) to "this part" means Part 4 of Division 18 of the Streets and Highways Code and this Chapter 14.24.

• D. "Project" means the city's off-street vehicular parking project as defined in Section 1.01(k) of the resolution.

• E. "Resolution" means Resolution No. 10732 adopted by the council on November 8, 1954, authorizing the issuance of City of San José off-street parking revenue bonds and of two thousand four hundred fifty-nine dollars principal amount of bonds of Series A, as amended by Resolution No. 22066, adopted by the council on May 14, 1962. All of the provisions of the resolution are incorporated herein and by this reference made a part hereof.

• F. "Revenues" means revenues as defined in Section 1.01(1) of the resolution.

• (Prior code § 2600.401.)

Except as otherwise provided in this chapter, the provisions of Chapters 1, 2, 2.1, 3 and 5 of the Parking District Law of 1951 shall apply, and to the extent so applicable are hereby incorporated herein. Chapter 4 of the Parking District Law shall not apply. However, the council:

• A. Shall exercise all of the powers given to the parking place commission by Sec-

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§ 14.24.120

tions 35558 and 35559 of the 1951 Law, and all of the powers given by Section 35564; and

• B. May exercise, as to any district formed under this Chapter 14.24 that is not subject to the provisions of Part 3 of this chapter, any or all of the powers given to the parking place commission by Sections 35560, 35561, 35562, 35565 and 35566 of the 1951 Law.

(Prior code § 2600.402.)

The provisions of this Chapter 14.24 shall be controlling to the extent they are in conflict with any of the provisions of any general law or act. (Prior code § 2600.403.)

This Chapter 14.24 is not exclusive. The council shall have the power to provide other procedures or to follow procedures and powers now or hereafter provided by general law. The procedures and powers herein are alternative. When proceeding under this Chapter 14.24, its provisions only need be followed.

(Prior code § 2600.404.)

Part 2

FORMATION OF DISTRICT

Sections:

• 14.24.110 Certificate and council action prerequisite.

• 14.24.120 Proposal to form district by council resolution.

• 14.24.130 Addition of parcels to district - Annexation fee.

Except as otherwise provided in Section 14.24.120 of this chapter the provisions of Chapter

2 of the Parking District Law of 1951 shall apply and to the extent so applicable are hereby incorporated herein.

(Prior code § 2600.417.)

Notwithstanding any provision of this chapter or of the 1951 Law, no proceedings to form a district hereunder shall be initiated, either by acceptance of a petition of owners of real property in a proposed district or by adoption by the council of a resolution pursuant to Section 14.24.120 unless either:

• A. The council first receives a certificate from the fiscal agent pursuant to Section 7.08 of the resolution that the off-street parking facilities for the proposed district are not competitive with the project; or

• B. The council first adopts a resolution that the proceedings for the formation of the proposed district and for the off-street parking facilities therein shall be subject to the provisions of Part 3 of this chapter.

(Prior code § 2600.416.)

If the council, by a vote of at least four-fifths of all of its members, adopts a resolution:

• A. Stating that a petition shall not be required to initiate proceedings for the formation of a district; and

• B. Setting forth in such resolution all of the information required by the 1951 Law to be set forth in a petition (excepting all information relating to signature of a petition) and so much of the information as is permitted by the 1951 Law to be set forth in a petition as the council in its discretion shall determine to set forth in such resolution, then the adoption of such resolution shall be deemed to be the filing of a valid petition under the 1951

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§ 14.24.120

Law and the approval of such petition by the council, and the council may thereupon proceed to direct the making and filing of a report and to adopt a resolution of intention to form a district as provided in the 1951 Law.

(Prior code § 2600.418.)

At any time following the formation of a district under this chapter and the issuance of the initial issue of bonds, any parcel of land may be added to the district if the owner of such parcel files with the council a petition for such inclusion and the council grants such petition. The council shall not grant such petition until a determination has been made by the council as to the amount, if any, to be paid by such petitioner as an annexation fee and until the owner of such parcel has paid to the city such total fee, if any. The amount paid to the city shall be placed in the fund in which the proceeds of an ad valorem assessment would be placed. If such petition is granted, such parcel shall thereafter be entitled to the same rights as those which apply to other lands in the district, but only as said rights are set forth in or granted pursuant to this chapter, and shall be subject to all ad valorem assessments thereafter levied in the district under this chapter.

(Prior code § 2600.419.)

Part 3

EXTENSION OR IMPROVEMENT OF PROJECT

The city may, in its discretion, purchase, acquire, construct, establish or improve extensions or improvements of the project with funds raised by the sale of assessment bonds of a district formed under this Chapter 14.24 which shall be payable as to principal and interest (except to the extent otherwise permitted by Section 14.24.190) from ad valorem assessments levied (as provided in the proceedings for the formation of such district) against the taxable real property in the district to be benefited by said extensions or improvements. (Prior code § 2600.431.)

All extensions or improvements of the project financed by the issuance of such assessment bonds shall be and become additions to the project, and the resolution of intention to form the district and the ordinance adopted by the council forming the district pursuant to this Chapter 14.24 shall so state.

(Prior code § 2600.432.)

All revenues from all said extensions and improvements of the project shall be revenues under and for the purposes of the resolution, and said resolution of intention and ordinance shall so state. (Prior code § 2600.433.)

Sections:

14.24.160 Extensions and improvements become part of project when. 14.24.170 Revenue from extensions and improvements.

All of the provisions of the resolution relating to the establishment of fees, rates and charges, the collection thereof and the reclassification thereof, shall apply to each such extension or improvement, and said resolution of intention and ordinance shall so state.

(Prior code § 2600.434.)

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The principal of and interest and premium on redemption prior to maturity (if any) on all assessment bonds issued as stated in Section 14.24.150 of this chapter shall be paid only from any one or more of the following sources, and said resolution of intention and ordinance shall specify such of the following sources as shall be applicable to each such issue of bonds:

• A. Ad valorem assessments levied against the taxable real property in the district benefited by the extension or improvements;

• B. Moneys in the surplus revenue fund provided for in paragraph (b) of Section 5.08 of Article V of the resolution, which are determined by resolutions of the council to be available for the purpose and which shall not exceed in any fiscal year that portion of the annual net revenues of the project for such fiscal year produced by the portion of the project acquired or improved with the proceeds of sale of said assessment bonds; or

• C. Any moneys of the city, other than revenues, that are legally available for the purpose.

(Prior code § 2600.435.)

Part 4

INVESTIGATION PROCEEDINGS

Section:

14.24. The resolution of preliminary determination provided for in Section 14.20.020 shall be adopted either:

• A. After receipt by the council of the certificate referred to in subsection A. of Section 14.24.110, and after acceptance by the council of the petition referred to in said Section 14.24.110; or

• B. After adoption by the council of the resolution referred to in subsection B. of Section 14.24.110 and 14.24.120. The resolution referred to in Section 14.20.070 shall be adopted before a resolution of intention is adopted under the 1951 Law.

• (Prior code § 2600.446.)