§ 4.80

3. Construction and installation of airport improvements;

4. Engineering and planning studies for the expansion of existing airports and establishment of new airports, to the extent otherwise permitted by law and contractual agreements; and

5. For costs of litigation, payment of judgments against the city, or of approved claims incurred in connection with litigation or claims against the city for inverse condemnation or nuisance arising from the use, operation and maintenance of the airport.

(Prior code § 2700.161; Ord. 24143.)

• A. As used in this Part 1 of Chapter 4.80, the following terms are defined as follows:

  1. "1974 Resolution" means Resolution No. 45333, adopted March 12, 1974, as amended by Resolution No. 50497, adopted July 18, 1978, which resolution as amended provided for the issuance of the 1974, 1976, 1978 and 1980 series of airport revenue bonds, all of which were refunded in 1984.

  2. "1984 Resolution" means Resolution No. 57794, adopted on October 2, 1984, as amended by Resolution No. 57838, adopted October 16, 1984, and by Resolution No. 60547, adopted May 24, 1988, and as it has been and may be supplemented, modified and amended from time to time.

• B. The airport funds set forth in Section 4.80.020 and 4.80.030 below, which were established by ordinance pursuant to the 1974 Resolution, are continued in effect as referenced in the 1984 Resolution.

(Prior code § 2700.10; Ord. 24143.)

As provided in Section 3.02 of the 1974 Resolution, and as referenced in Section 3.03 of the 1984 Resolution, a special fund designated as the "airport revenue bond improvement fund" is established, designated and maintained by the city as a special fund. Moneys received from the sale of City of San José airport revenue bonds pursuant to the 1984 Resolution and any supplemental resolutions adopted by the city from time to time shall be deposited in the airport revenue bond improvement fund in accordance with the 1984 Resolution, and shall be applied, used, withdrawn and transferred only for the purposes authorized by, and in accordance with, the 1984 Resolution.

(Prior code § 2700.11; Ord. 24143.)

• A. As provided in Section 5.01 of the 1974 Resolution and as referenced in Section 5.01 of the

1984 Resolution, a special fund is established, designated and maintained as the "City of San José airport revenue fund," also referred to as the "airport revenue fund."

• B. All revenues, as defined in the 1984 Resolution, from the airport shall be deposited in the airport revenue fund in accordance with and as provided by the 1984 Resolution.

• C. All moneys in the airport revenue fund shall either be set aside by the director of finance, or paid over to the trustee appointed pursuant to the 1984 Resolution, and deposited in the special funds set forth below, at the times, in the amounts, and in the order of priority set forth in Section 5.02 of the 1984 Resolution. The special funds are as follows:

  1. Interest fund (airport revenue bonds);

  2. Principal fund (airport revenue bonds);

  3. Bond reserve fund (airport revenue bonds);

  4. Maintenance and operation fund (airport revenue bonds);

  5. Surplus revenue fund (airport revenue bonds).

• D. The authorization granted in this section and the 1984 Resolution to the director of finance to set aside, pay over and deposit moneys from the airport revenue fund shall be continuing, and no further authorization to do the same shall be required.

• E. The interest fund, the principal fund and the bond reserve fund shall be maintained by the trustee, and the maintenance and operation fund and the surplus revenue fund shall be maintained by the city. All moneys in each of these funds shall be held in trust by the trustee or the city (as the case may be) and shall be applied, used and withdrawn only for the purposes authorized, and in accordance with, the 1984 Resolution. The authorization granted in this section the 1984 Resolution to apply, use and withdraw moneys in the interest fund, the principal fund and the bond reserve fund shall be continuing, and no further authorization to do the same shall be required. Moneys

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§ 4.80.040

in the maintenance and operation fund and the surplus revenue fund shall be applied, used and withdrawn pursuant to authorization by the city council.

(Prior code § 2700.160; Ord. 24143.)

• A. The "airport capital improvement fund" is created and established for the purpose of depositing and collecting moneys to be expended for capital improvements at the airport.

• B. The city council may transfer to the airport capital improvement fund from any other fund those moneys which may be used for the purposes specified in this section. Grant proceeds for airport projects financed from moneys in this fund shall be deposited in this fund. The city council may, subject to any limitations imposed by law, transfer money from this fund to any other fund.

• C. Moneys in the airport capital improvement fund shall be expended for airport equipment and airport capital improvements, including the following:

  1. Acquisition of land and interests in land for airport purposes;

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• A. The "airport renewal and replacement fund" is the fund created and established pursuant to the 1974 Resolution, and Section 9.05(5)(d) of the 1978 master document entitled the "scheduled airline operating agreement and terminal building lease," and maintained in accordance with the 1984 Resolution, for the purpose of depositing and collecting moneys to be expended for airport capital acquisitions, improvements and betterments.

• B. As authorized from time to time by the city council, moneys deposited in the renewal and replacement account of the surplus revenue fund shall be transferred to the airport renewal and replacement fund in accordance with the 1984 Resolution, subject to the limitation as to the amount of moneys that both the account and fund may contain as set forth in Section 5.02 of the 1984 Resolution.

• C. Moneys deposited in the renewal and replacement fund shall be expended for airport capital acquisitions and improvements including acquisition of land and interests in land for airport purposes, construction and installa-

tion of airport improvements and acquisition of airport vehicles and furnishings and equipment, and for painting and refurbishing. (Prior code § 2700.162; Ord. 24143.)

• A. The "passenger facility charges fund" is an account created and established in the surplus revenue fund under the 1984 Resolution, and is established for the purpose of collecting and accounting for all moneys received from the imposition of airport "passenger facility charges," as such term is defined in Section 1113(e) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1513(e)) and the regulations thereunder, as either such law or regulations may be amended from time to time.

• B. Moneys in the passenger facility charges fund shall be collected and deposited as provided in Section 5.02(e) of the 1984 Resolution. As authorized from time to time by the city council in accordance with the 1984 Resolution, moneys in the passenger facility charges fund may be transferred to any other fund, subject to the limitations imposed by law.

• C. The moneys in such fund shall be expended for such expenses, indebtedness, or other charges for which passenger facility charges may properly be spent under applicable federal law and regulations.

(Prior code § 2700.12; Ords. 20021, 24143.)

• A. The "customer facilities and transportation fund" is an account created and established in the surplus revenue fund under the 1984 resolution, and is established for the purpose of collecting and accounting for all moneys received from the imposition of airport "customer facilities fees" and airport "customer transportation fees" as such terms are defined in Sections 25.08.620 and 25.08.630, respectively.

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§ 4.80.070

• B. Moneys in the customer facilities and transportation fund shall be collected and deposited as provided in Section 5.02(e) of the 1984 resolution. As authorized from time to time by the city council in accordance with the 1984 resolution, moneys in the customer facilities and transportation fund may be transferred to any other fund, subject to any limitations imposed by law.

• C. Moneys in such fund shall be applied, used and withdrawn pursuant to authorization by the city council.

• (Ord. 26063.)

• A. Moneys in the community development block grant fund shall be expended pursuant to appropriation by the city council for purposes authorized by the Housing and Community Development Act of 1974. Said expenditures shall be subject to the limitations prescribed in said act. Said purposes shall include, but not by way of limitation, funding of eligible activities as said activities are defined in said act, and repayment to the federal government of interest income on grant funds in accordance with the terms and conditions of said act.

Part 4

RESERVED

Part 5

COMMUNITY DEVELOPMENT BLOCK GRANT FUND

Sections:

• 4.80.200 Established.

• 4.80.210 Source and transfer of moneys.

• 4.80.220 Use of fund.

• B. Administrative expenses incurred in connection with development of the city's community development program and the preparation of the grant application therefor which since January 1, 1975, have been expended or encumbered for said development and preparation in the general fund may be transferred to the community development block grant fund and charged against appropriations therein approved for such purpose.

(Prior code § 2700.292.)

Part 6

There is hereby created and established the "community development block grant fund." (Prior code § 2700.290.)

All moneys and grants received from the United States Government pursuant to Title I of the Housing and Community Development Act of 1974 (Public Law 93-383) shall be credited to and deposited in the community development block grant fund. The city council may transfer to the fund moneys from the general fund or from any other funds which may be used for the purpose set forth in Section 4.80.270. The city council may, subject to any contractual or other legal limitations, transfer moneys from said fund to any other fund. (Prior code § 2700.291.)

RESERVED*

Part 7

CONSTRUCTION TAX AND PROPERTY CONVEYANCE TAX FUND

Sections:

• 4.80.300 Created.

*Editor’s note— Part 6 of Chapter 4.80, pertaining to Comprehensive Employment and Training Act Fund, being §§ 4.80.250 through 4.80.270, was repealed by Ordinance 29259, § 1, passed June 4, 2013.

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There is hereby created and established the "construction tax and property conveyance tax fund."

(Prior code § 2700.320.)

All taxes collected under Chapter 4.54, Construction Tax, and Chapter 4.58, Real Property Conveyance Tax, of the San José Municipal Code shall be deposited in the construction tax and property conveyance tax fund, and the director of finance shall establish and keep such accounts as may be necessary to account separately for the deposit of said taxes in said fund. (Prior code § 2700.321.)

Moneys in the construction tax and property conveyance tax fund shall be expended for the purposes set forth in Chapters 4.54 and 4.58 of the San José Municipal Code.

(Prior code § 2700.322.)

Part 8

Theater, Center for the Performing Arts and San José McEnery Convention Center, including revenues from facility use, services, utilities, and concessions, shall be credited to and deposited in the Convention and Cultural Affairs Fund. The City Council may transfer to the Convention and Cultural Affairs Fund moneys from the general fund or from any other fund which may be used for the purposes set forth in Section 4.80.420. Interest earned from or attributable to moneys in said Convention and Cultural Affairs Fund shall be credited to and deposited in said fund.

• B. The City Council may transfer moneys from said Convention and Cultural Affairs Fund to any other fund. Any and all moneys received by the City from the San José Civic Improvement Authority not required by law or contract to be deposited in some other fund shall be deposited in said Convention and Cultural Affairs Fund; provided, that moneys received after October 1, 1970 from said Authority as 1970 shall be deposited in the Fund from which said expenditures were made.

(Prior code § 2700.91; Ords. 19248, 24664, 30069.)

CONVENTION AND CULTURAL AFFAIRS FUND AND CONVENTION AND CULTURAL AFFAIRS CAPITAL FUND

Sections:

• 4.80.400 Created.

• 4.80.410 Source and transfer of moneys.

• 4.80.420 Expenditures.

• 4.80.430 Convention and cultural affairs capital fund established; source and use of moneys.

There is hereby created and established the "Convention and Cultural Affairs Fund." (Prior code § 2700.90; Ords. 19248, 24664, 30069.)

• A. All revenues derived from the operations of the Civic Auditorium Complex, Montgomery

Moneys in the Convention and Cultural Affairs Fund may, pursuant to appropriation made by the City Council, be expended for costs of operation, repair and maintenance and for costs of construction and improvement of the Civic Auditorium Complex, Auditorium Hall, Montgomery Theater, the Center for the Performing Arts (formerly the Community Theater) and the San José McEnery Convention Center, including but not limited to salaries and wages, fringe benefits, supplies, materials and equipment, legal, administrative and overhead expenses, rent, taxes and other costs and expenses incidental to the operation, maintenance, repair, construction and improvement of said facilities. Nothing contained in this Section shall be deemed to prohibit the expenditure of money for such purposes from any other fund or funds of the City legally available for such purposes. (Prior code § 2700.92; Ords. 19248, 24664, 30069.)

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• A. There is hereby created and established the "Convention and Cultural Affairs Capital Fund."

• B. There shall be deposited into this fund moneys transferred from the Convention and Cultural Affairs Fund or from any other funds which may be expended on the capital purposes set forth in Section 4.80.420. Moneys deposited into this fund from the Convention and Cultural Affairs Fund may be transferred back into the Convention and Cultural Affairs Fund. Moneys in the Convention and Cultural Affairs Capital Fund shall be expended on the capital purposes set forth in Section 4.80.420.

• C. Interest which accrues from moneys in the Convention and Cultural Affairs Capital Fund shall be credited to this fund.

• (Ord. 30069.)

Part 9

RESERVED*

Part 10

RESERVED†

Part 11

EMMA PRUSCH MEMORIAL PARK IMPROVEMENT FUND

Sections:

There is hereby created a special fund, to be known as the "Emma Prusch Memorial Park improvement fund."

(Prior code § 2700.190.)

The following moneys received shall be deposited in the Emma Prusch Memorial Park improvement fund:

• A. Moneys received by the city from the state in the event the state should acquire for freeway purposes any part of the real property conveyed to city by that certain gift deed dated June 27, 1962, recorded August 10, 1962, in Book 5679, page 453, Official Records of Santa Clara county (including moneys received by the city from the state in that certain eminent domain proceeding entitled "People v. Tripoli, et al, Santa Clara Superior Court Action No. 16147," in which the state acquired a portion of the property described in said gift deed);

• B. Moneys received by the city from the sale of any portion of the real property described in said gift deed to the extent that such moneys are required to be expended solely for the improvement of the remainder of the property described in said gift deed.

(Prior code § 2700.191.)

*Editor’s note— Part 9 of Chapter 4.80, pertaining to Economic Development Enhancement Fund, being §§ 4.80.440 through 4.80.460, was repealed by Ordinance 29259, § 2, passed June 4, 2013.

†Editor’s note— Part 10 of Chapter 4.80, pertaining to Emergency Employment Act Fund, being §§ 4.80.500 through 4.80.520, was repealed by Ordinance 29259, § 3, passed June 4, 2013.

Moneys in the Emma Prusch Memorial Park improvement fund may be expended pursuant to appropriations made by the city council, only for the development and improvement for park purposes of the remainder of the real property described in said gift deed. (Prior code § 2700.192.)

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MUNICIPAL WATER SYSTEM OPERATING FUND

Sections:

• 4.80.610 Fund created.

• 4.80.620 Source and transfer of monies.

• 4.80.630 Expenditures.

The municipal water system service area is that territory situated within the boundaries of those areas designated in Section 15.08.260 of the San José Municipal Code as the Alviso water service area; Section 15.08.265 of the San José Municipal Code as the Edenvale water service area, Section 15.08.270 as the Evergreen water service area, Section 15.08.275 as the Coyote water service area, and in Section 15.08.280 as the North San José water service area.

(Ords. 22847, 26903, 29944.)

The consolidated water utility fund established by Ordinance No. 22847, adopted on June 28, 1988, and the Alviso water service area extension and improvement fund, established by Ordinance No. 14715, adopted on June 9, 1969, as continued and maintained as the consolidated potable water utility operating fund by Ordinance No., adopted shall be continued and maintained as the municipal water system operating fund. (Ords. 22847, 26903, 29944.)

• A. All revenues derived from operation of potable water service within the municipal water system service area, including commodity based and fixed revenues from sale of potable water or the provision of potable water for fire pro-

tection, shall be credited to and deposited in the municipal water system operating fund. The City Council may transfer to the municipal water system operating fund monies from the general fund or from any other funds which may be used for the purposes set forth in Section 4.80.630.

• B. All interest earned on monies in the municipal water system operating fund shall be credited to and deposited to said fund.

• (Ords. 22847, 26903, 29944.)

• A. Except as provided in this Section 4.80.630, monies in the municipal water system operating fund shall only be expended for costs of water system operations, including but not limited to, payment of required debt service; for repair, on-going capital improvements and maintenance of a potable water system for the municipal water system service area; for transfers to the general fund for indirect overhead and for expenses incurred in the general fund for water system operations, and for the purchase of supplies, materials, and equipment attributable to or necessary for the operation, improvement and maintenance of a potable water system in the municipal water system service area.

• B. Monies in the municipal water system operating fund shall be appropriated or the establishment and maintenance of appropriate reserve funds within the municipal water system operating fund, as determined by the City Council on an annual basis through the budget process including but not limited to the following:

  1. A capital rehabilitation reserve fund in an amount not to exceed one (1) year of replacement cost depreciation; and

  2. A rate stabilization reserve fund in an amount not to exceed ten percent of commodity based revenue as described in subsection A. of Section 4.80.620.

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4. An emergency reserve in an amount not to exceed 2% of municipal water system asset value (replacement cost less depreciation.)

(Ords. 22847, 26903, 29944.)

Part 13

GENERAL PURPOSE PARKING FUND AND GENERAL PURPOSE PARKING CAPITAL FUND

Sections:

• 4.80.650 Created - Name.

• 4.80.660 Source of moneys.

• 4.80.670 Expenditures and transfer of moneys.

• 4.80.680 General purpose parking capital fund established.

• 4.80.690 Source of moneys, expenditures and transfers.

There is hereby created a special fund to be known as the "General Purpose Parking Fund." (Prior code § 2700.120; Ords. 18389, 30076.)

The following moneys shall be deposited in the General Purpose Parking Fund:

• A. All moneys received by the City from off-street vehicular parking facilities owned by the City, other than airport parking and municipal stadium parking;

• B. All moneys received by the City from on-street parking meters in public streets; and

• C. Moneys transferred by the City Council into the Fund from the General Fund or any other City fund which may be used for the purposes set forth in Section 4.80.670.

(Prior code § 2700.121; Ords. 21122, 25114, 30076.)

• A. Moneys in the General Purpose Parking Fund shall be expended for the following purposes:

  1. Acquisition of land and interests in land for public vehicular off-street parking facilities and costs of leasing lands for public vehicular off-street parking purposes;

  2. Operating expenses for off-street parking facilities outside City of San José Parking District No. 1;

  3. Acquisition, construction and installation of improvements for public vehicular off-street parking facilities;

  4. Cost of acquiring and installing parking meters on public ways outside City of San José Parking District No. 1; costs of maintenance, operation, repair and servicing of such parking meters, and costs of collecting the revenues therefrom.

• B. The City Council may transfer moneys from the General Purpose Parking Fund to any other fund.

• C. Interest which accrues from moneys in the General Purpose Parking Fund shall be credited to this fund.

(Prior code § 2700.122; Ords. 18389, 30076.)

There is hereby created and established the "General Purpose Parking Capital Fund." (Ord. 30076.)

• A. There shall be deposited into this fund moneys transferred from the General Purpose Parking Fund or from any other funds which may be used for the capital purposes set forth in Section 4.80.670. Interest which accrues from moneys in the General Purpose Parking Capital Fund shall be credited to this fund.

• B. The City Council may transfer moneys from the General Purpose Parking Capital Fund to any other fund.

(Ord. 30076.)

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GIFT TRUST FUND

Sections:

• A. There is hereby created and established a special fund to be known as the "gift trust fund."

• B. Except to the extent as otherwise directed by ordinance, resolution or other action of the city council, there shall be deposited in said fund all moneys received by the city as bequests, donations or gifts for special purposes.

• C. Each such bequest, donation or gift deposited in such fund, together with interest or other moneys derived from its investment while in such fund, shall be expended only for the purposes for which it was given, and then only pursuant to appropriations from said fund made by the city council.

(Prior code § 2700.200.)

Part 15

RESERVED*

Part 16

RESERVED†

Part 17

MUNICIPAL GOLF COURSE FUND

Sections:

*Editor’s note— Part 15 of Chapter 4.80, pertaining to Microfilm Book Fund, being §§ 4.80.750 and 4.80.760, was repealed by Ordinance 29259, § 4, passed June 4, 2013.

†Editor’s note— Part 16 of Chapter 4.80, pertaining to Model Cities Planning and Program Fund, being §§ 4.80.800 through 4.80.820, was repealed by Ordinance 29259, § 5, passed June 4, 2013.

There is hereby created the "municipal golf course fund."

(Prior code § 2700.180.)

All revenues derived from the operation of any golf course owned, leased or operated by the city, including revenues from leases, permits and concessions, and all revenues from agricultural uses conducted upon any golf course lands, shall be credited to and deposited in the municipal golf course fund. In addition, any and all moneys received by the city from any nonprofit corporation, joint powers authority, or similar entity assisting in the financing of any such golf course, not required by law, by contract or by ordinance or resolution to be deposited in some other fund, shall be deposited in said municipal golf course fund. The city council may transfer to the municipal golf course fund moneys from the general fund or from any other fund which may be used for the purposes set forth in Section 4.80.1620. The city council may transfer moneys from said fund to any other fund for any purpose. (Prior code § 2700.181.)

Moneys in the municipal golf course fund may, pursuant to appropriation made by the city council, be expended for costs of operation, repair and maintenance; for supplies, materials and equipment; for legal, administrative and overhead expenses; for the payment of rent, taxes and incidental expenses for such golf courses and agricultural uses; for the construction and installation of golf course improvements; and for the acquisition of lands and interests in land for golf course purposes. Nothing herein contained shall be deemed to prohibit the expenditure of money for such purposes from any other fund or funds of the city legally available for such purposes. (Prior code § 2700.182.)

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RESERVED*

Part 21 RESERVED† Part 22 RESERVED‡ Part 23 RESERVED Part 24 RESERVED††**

Part 25

SANITARY SEWER FUND

There is hereby established a fund to be known as the "San José sewer fund" for the purpose of improving, maintaining and extending the sewer system owned and maintained by the City of San José.

(Prior code § 2700.58.)

All proceeds from outside sewer rentals, from whatsoever source derived shall be deposited in said fund together with such other moneys as the council may transfer thereto. No disbursements shall be made from said fund except as authorized by the city council.

(Prior code § 2700.59.)

Sections: