San Rafael Municipal Code Ch. 11.20 Public Motor Vehicle Parking

This chapter may be cited as "San Rafael Vehicle Parking District Ordinance."

(Ord. 644).

All work, improvements and acquisitions provided for in this chapter are found by the City Council of the City of San Rafael to be, and are hereby declared to be, a municipal affair, and no general law of the State of California, or other law of said State, shall be applicable thereto, except insofar as the procedure of any particular law shall be adopted in and by this chapter. Where the procedure of any general law is adopted for such work and improvement or acquisition, or both, the provisions of such law in effect on January 1, 1956, shall be applicable thereto.

(Ord. 644).

The procedures provided for in this chapter are alternative and the City Council of the City of San Rafael may operate by any one or all, or any combination thereof, or may operate by any other procedure authorized by law.

(Ord. 644).

The provisions of this chapter shall be controlling over the provisions of any general law in conflict herewith. When the City Council elects to take proceedings pursuant to the provisions of the Parking District Act of 1951, or any other act or general law, it shall be vested with all the powers, rights and authority for procedure provided in said act or general law in addition to the powers granted by this chapter, and shall be authorized to do all things and take all proceedings authorized therein except as modified, prohibited or changed by this chapter. The rights shall be cumulative and supplemental. The words "act" or "general law" shall mean an act of the legislature of the State of California and unless herein otherwise provided, shall mean said act or law as amended and in effect on January 1, 1956.

(Ord. 644).

Where the word "city" or "county" is used in any of the general laws referred to in this chapter, the same shall be deemed to mean the City of San Rafael. Where the word "act" is referred to in any of the general laws of the State of California referred to in this chapter, the same shall be deemed to be this chapter. Where a power is given in and by any of said acts, the said power shall thereby be conferred upon the City of San Rafael. The public officials referred to in any of said acts are the public officials of the City of San Rafael, and the matters and things therein mentioned with reference to a city shall be deemed to be and apply to the City of San Rafael. Wherever the word "ordinance" is referred to in any of said acts, the same shall be deemed to be a resolution. Where any of said acts require and provide for the adoption of an ordinance, the same shall be deemed to provide for the adoption of a resolution, and the adoption of a resolution shall be deemed to be full and sufficient compliance therewith.

(Ord. 644).

The whole or any part or parts of the City of San Rafael may be created and operated as a district or districts for the acquisition and improvement of public motor vehicle parking places; on and off-street parking meters may be installed and maintained; bonds to pay the cost thereof may be issued and paid; the acquisition, improvement, maintenance, operation and disposal of public parking places may be had; contributions may be made; annual ad valorem assessments may be levied and collected; gross or net revenues from on and/or off-street parking meters may be allocated and pledged for the payment of the principal and interest of such bonds; covenants and agreements with the bond holders for the security and payment of such bonds shall be had and taken; and the City Council shall have the powers, jurisdiction and authority all as now or hereafter provided in the Parking District Act of 1951 (herein called Act), except as herein otherwise provided.

(Ord. 655).

Proceedings to comply with the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" of the State of California or steps to proceed with any improvement or acquisition without complying therewith under this chapter shall be taken in accordance with the provisions of Section 17 of Article XIII of the Constitution of the State of California.

(Ord. 644).

The city may cause preparation of a report, adopt a Resolution of Intention and form a Parking District without any petition therefor.

(Ord. 644).

Where any power is provided by the Parking District Act of 1951 to be vested in or exercised by a Parking Place Commission or Parking Authority, such power and authority shall be vested in and be exercised by the City Council of the City of San Rafael. All powers shall be exercised in the name of the City Council and exercised by the City Council.

(Ord. 644).

Where any power herein provided to be exercised by the Parking Authority would constitute an unlawful delegation of legislative powers, such power shall be deemed to have been exercised by the City Council. All powers of the Authority shall be exercised in the name of the City Council.

(Ord. 644).

At any time after the adoption of the Resolution of Intention to form a Vehicle Parking District the Council may take proceedings in the Superior Court of Marin County for the validation of such proceedings in the manner and with like effect provided in the Irrigation District Act for the validation of irrigation district bonds.

(Ord. 644).