(a) Powers. There is vested in the council the power to issue vehicle off-street parking bonds upon any off-street parking assessment district created under this title to finance the cost of acquiring, constructing, improving and extending vehicle off-street parking places and facilities and the costs incidental thereto and to the proceedings and the financing thereof.
(b) Purpose. The purpose of this section is to provide a procedure by which assessment bonds may be issued for the purposes set forth in subsection (a) above and to permit the bond fund to receive the proceeds of pledges of revenues and contributions and to allow the annual assessments to reflect changes in benefits which have taken place during the preceding year and to reflect appropriate credits to properties which provide or will provide private off-street parking places and facilities.
(c) Declaration in Resolution of Intention. When the council determines that bonds shall be issued under this section, it shall declare in its resolution of intention therefor that said proceedings shall be conducted pursuant to Sections 13.12.040 and 13.12.050, and bonds shall be issued in the total amount of the cost of the project, exclusive of contributions pursuant to this section.
(e) Fixed Lien Assessment Provisions. The council may provide, in the resolution of intention, that a fixed portion or percentage of the cost of any project will be financed by fixed lien assessments and the issuance of bonds to represent unpaid fixed lien assessments levied and issued, respectively, in the manner provided in Chapters 13.12 and 13.16, or under state law. Except to the extent of such fixed lien assessment financing, no assessment or diagram shall be made or required as part of the engineer's report provided in Section 13.12.040 or state law. The respective provisions of other sections of this chapter with reference to the making, confirmation, recordation, levy, collection, payment and enforcement of fixed lien assessments, reassessments or supplemental assessments shall be and remain inapplicable in such proceedings, except to the extent that fixed lien financing is provided in the resolution of intention.
(f) Provisions Applicable to G Bonds and Proceedings. The provisions of Chapters 13.04, 13.08 and 13.20 and of Sections 13.12.010, 13.12.040 and 13.12.050, and of Sections 13.16.010 and 13.16.130 (other than subsection (y) of Section 13.16.130), except as in this section expressly otherwise provided, are applicable to any portion of the proceedings which relate to the authorization, issuance and sale of bonds under this section.
(g) Redemption Fund. A fund to be designated Bond G, Series No. _____, interest and redemption fund, in this section called the bond fund, shall be created and maintained for each issue of bonds.
(h) Trust Fund. All moneys pledged or contributed to the payment of the bonds and the interest thereon, and all annual assessments levied therefor, as hereinafter provided, shall be deposited in the bond fund for such issue, shall constitute a trust fund therefor, and shall not be expended for any other purpose; provided, that if any moneys remain in the bond fund after the payment of all the bonds and the interest thereon, they shall be transferred to the city general fund, unless a maintenance district has been created for the improvements acquired and constructed from the proceeds of said bonds, in which event they shall be transferred to the maintenance fund of such district, and be used for objects and purposes thereof.
(i) Budget. The city manager shall annually cause to be prepared a budget for each bond issue hereunder, which shall include the following:
(1) The gross amount required to pay the principal of and interest on said bonds which will become payable before the proceeds of the next succeeding assessment levy hereunder becomes available therefor;
(2) The balance available therefor at the end of the fiscal year in the bond fund;
(3) The amount estimated to become available therefor pursuant to any pledge of revenues in the assessment proceedings from any revenues which may be provided to be collected by the city on any vehicle off-street parking places or facilities in or for the parking assessment district created for said bonds, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;
(4) The amount of revenues to be collected from street parking meters within or without the parking district, which have been pledged for the servicing of said bonds, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;
(5) The amount of contributions, if any, which the city proposes to make to the bond fund for the fiscal year for which an annual assessment is to be levied, which amount shall be provided in the city budget for the fiscal year for which an annual assessment is to be levied;
(6) The balance of the amount provided in subdivision (1) of this subsection.
(j) Benefit Assessments. The amount provided in subdivision (6) of subsection (i), including adequate provision for anticipated delinquencies, shall be raised by an annual assessment on all real property within the parking assessment district in the ratio of the adjusted square footage of floor areas of nonresidential structures (other than those completely vacant on the lien date), together with land area assessments if necessary, all determined as hereafter provided, until all of the bonds and the interest to accrue thereon have been paid in full. The formula set forth in this paragraph is hereinafter referred to as "the ordinance formula."
In lieu of the ordinance formula set forth in the first paragraph of this subsection, the council may, in the resolution of intention, set forth a different formula (herein called "the proceedings formula") to be used in determining the annual apportionment of benefits in the levy of annual assessments upon the real property within the proposed assessment district. Such proceedings formula may include a provision for the granting of credits against assessments to the extent that private off-street parking places and facilities shall have been provided for the year by owners of real property within the district.
In stating the proceedings formula, the council may provide for reasonable classifications of property based on zoning, land use, ownership and other factors which affect benefits, including, without limitation, the fact that land is greater than a fixed distance from a particular public parking facility or a combination of distances from public parking facilities, at the time of a levy.
The proceedings formula may also be based, in whole or in part, upon parking deficiencies, determined in accordance with the requirements of the applicable provisions of the city planning and zoning ordinances.
In the event that a proceedings formula is established, subsections (k) and (l) shall apply only if the actions required therein are necessary under the proceedings formula, and the engineer's report and all subsequent proceedings shall be based on the proceedings formula.
As used in this section, "real property" means all land and improvements which are subject to special assessment for benefits from local improvements under the State and Federal Constitutions.
(k) Determination of Gross Square Footage. On or before May 1st of each year next succeeding the issuance of the bonds, the city assessor shall determine from any records or other sources legally available to him the gross number of square feet, based on exterior measurements, of the floor area of each building or structure within the boundaries of the parking assessment district, which is zoned and used for commercial purposes. A complete list of said square footage figures, set opposite the assessor's parcel numbers to which they pertain, shall be transmitted to the city planning officer. Any references to square footage or adjusted square footage hereinafter mentioned shall be deemed to refer to floor areas in buildings zoned and used for commercial purposes as herein provided.
(l) Determination of Credits. Immediately upon receipt of the square footage figures, the director of planning and community development shall determine, for each parcel of land within the parking assessment district, the number of off-street automobile parking spaces which would be required to be provided under city ordinances generally then in effect, and the number being provided by said parcel and which would be credited in satisfaction of said requirement if said ordinances applied to said parcel. The figures, together with the gross square footage figures provided under subsection (k), shall be transmitted to the city manager.
(m) Preparation of Engineer's Report.
(1) Ordinance Formula. Immediately upon receipt of the foregoing data, the city engineer shall prepare a report containing the following data as to each parcel within the parking assessment district in columnarized form:
(A) A description of each parcel of land in the parking assessment district, by a legal description, assessor's parcel number or other description sufficient to identify the same;
(B) The gross number of square feet of floor area in any building or structure on each parcel, as provided under subsection (k);
(C) The number of parking spaces required for each parcel, as provided by the director of planning and community development;
(D) The number of off-street parking spaces provided in satisfaction thereof, as provided by the director of planning and community development;
(E) The ratio of subdivision (1)(D) to subdivision (1)(C);
(F) The amount of adjusted square footage in each building or structure, determined by reducing the gross square footage set forth in subdivision (1)(B) by the ratio as set forth in subdivision (1)(E), and the total adjusted square footage in the parking assessment district;
(G) The rate of assessment per adjusted square foot, determined by dividing the figure provided by the city controller under subdivision (6) of subsection (i) by the total amount of adjusted square footage in the parking assessment district determined under subdivision (1)(F) of this subsection. The rate of assessment shall in no event exceed a rate per adjusted square foot to be determined by the council and set forth in the resolution of intention. In the event that the proceeds of an assessment levied at the maximum rate in any year are insufficient to raise the amount of money provided in subdivision (6) of subsection (i), the balance shall be raised by an additional assessment on the real property within the parking assessment district, in the ratio for their land areas. The engineer's report for such year shall include a column for such land area assessment.
(2) Proceedings Formula. If the resolution of intention states a proceedings formula, the report shall show the various data, rates and factors necessary to compute the annual assessments.
(n) Correction of Errors. If the assessment roll contains any error in the description of the land or in any other respect, the city engineer may correct the list at any time before it is finally approved by the city council. Any error or change subsequent to such final approval, other than a decrease in any assessment, must be accomplished on notice and hearing in the manner herein provided for modifications, unless such notice is expressly waived by all of the owners of the property involved in the change.
(o) Effect of Error. No error in the assessment roll shall render the assessment of a parcel invalid.
(p) Certification and Filing. When the report has been completed, it shall be signed by the city engineer, dated and filed with the city clerk, on or before May 15th of each year.
(q) Hearing. Said report shall come on regularly for hearing by the council at its regular meeting held on the second Monday of June in each year.
(r) Publication and Postage. The city clerk shall cause notice of the hearing on the report to be given by publication and by posting.
(s) Notice by Mail - First Report. The city clerk shall cause notice of the hearing on the first report for any bond issue to be mailed.
(t) Mailing - Subsequent Reports. Notices shall not be required to be mailed to any person as to hearings on subsequent reports, when the report is heard at the time fixed in subsection (q) above. If, for any reason, the report cannot be heard on said date, the clerk shall fix another date, and shall mail notice of said hearing. The clerk may, but is not required to, mail notices to the owner of a parcel, the zoning, use, ownership or improvement of which has changed in such a manner as to provide a relatively higher assessment thereon than in the preceding year.
(u) Notice Form - Published and Posted Notice. The form of notice to be published and posted shall be substantially as follows:
NOTICE OF HEARING ON PARKING ASSESSMENT ROLL PROJECT NO. _______ RESOLUTION OF INTENTION NO. ________ adopted ________ ,19____
NOTICE IS HEREBY GIVEN that the city engineer has caused to be prepared and filed with the city clerk a report which provides for levying special assessment on the properties within the parking assessment district created and established for the project and pursuant to the resolution of intention cited above. Said report sets forth the amounts proposed to be levied for the fiscal year 19 __ - __, upon the several parcels of real property in the parking assessment district created to pay the principal and interest of the bonds issued in said project, which report is open to public inspection.
Said report will be heard by the council at its meeting to be held on the _____ day of June, 19___, at the hour of seven-thirty o'clock p.m., council chambers, city hall, Palo Alto, California, at which time said council will examine said report and hear all persons interested therein.
Any person interested, objecting to the amount of the assessment on any parcel of real property owned by him, may file with the city clerk, at or before the hour fixed for hearing, a protest in writing signed by him, describing the parcel so that it may be identified, and stating the ground of his protest, and may appear at said hearing and be heard in regard thereto.
(v) Id - Mailing. The form of mailed notice shall be substantially as set forth in subsection (u) of this section, but shall also contain a description of the parcel covered by the notice sufficient to identify it, and the amount of the proposed assessment against said parcel as set forth in the report.
(w) Protests. The clerk shall endorse on each protest the date it is filed with her, and shall show whether said protest was filed prior to the hour fixed for hearing. No protest received after said hour shall be counted in determining the quantum of protest, but the council may, in its discretion, consider said protests in making its decision.
(x) Public Hearing. At the time and place fixed for the hearing, or at any time to which the hearing is adjourned, the council shall:
(1) Hear all persons having an interest in any real property within the parking assessment district;
(2) Hear all objections, protests or other written communications from any persons interested in any real property within the parking assessment district;
(3) Take and receive oral and documentary evidence pertaining to the matters contained in the report;
(4) Remedy and correct any error or informality in the report, and revise and correct any of the acts or determinations of any city officers or employees, as contained therein;
(5) Amend, alter, modify, correct and confirm said report and each of the assessments therein.
(y) Certification. The report, together with the certificate of the clerk as to the fact and date of approval by the council, shall be delivered, at or before the time the council fixes the general city tax rate for said fiscal year, to the officer designated by law to extend city taxes upon the tax roll on which they are collected.
(z) Posting and Report. Said officer shall post to the tax roll the total amount of the assessment proposed to be levied and collected for said year, as set forth in said report.
(aa) Method of Collection. The special assessment shall be levied and collected upon the last equalized secured and utility tax rolls upon which general city taxes are collected. It shall be in addition to all other taxes levied for general city purposes, and shall be levied, entered and collected together with, and not separate from, general city taxes, and enforced in the same manner and by the same persons and at the same time and with the same penalties and interest as are other taxes for city purposes, and all laws applicable to the levy, collection and enforcement of taxes for city purposes are made applicable to said special assessment levy, and the assessed real property, if sold for taxes, shall be subject to redemption in the same manner as such real property is redeemed from the sale for general city taxes and if not redeemed shall in like manner pass to the purchaser.
(bb) Lien. The lien of the assessment levied under this section attaches at the same times and has the same priorities as the lien for general taxes.
(cc) Contributions. The council may annually, at, or prior to, the time the levy is made, or at such other time as it shall determine, transfer to the bond fund such amount or amounts as it shall determine.
(dd) Public Property. If the ordinance formula applies, or the proceedings formula so provides, public property (other than tax-deeded property), whether or not in the performance of a public function, shall be exempt for the levy of assessments to service bonds issued under this section.
(ee) Omitted Property. If any parcel of property is omitted from the tax roll for any year it shall be added at the end of the roll and assessed as contained in the report. If any property is omitted in any such report it shall be assessed for the omitted amount in the next year after said omission is discovered, and appropriate provisions shall be made in the report for said year.
(ff) Reassessment. When any court of competent jurisdiction, or the council of its own volition, determines that any levy of assessment pursuant to this section is void, invalid or unenforceable for any reason, or any court, for any reason, enjoins the collection of any such assessment, the council may levy a reassessment.
The engineer's report on reassessment shall be prepared and filed on order of the council, notice given, hearing held and reassessment levied and confirmed, all in the same manner as the original assessment, as nearly as may be, except that the formula to be used in the determination of benefits or the properties subject to assessment, or both, may be other and different from that provided in this section, if required in order to be consistent with the determinations and orders of the court.
The reassessment shall be collected in the same manner as the original assessment, except that if it is levied too late for inclusion in regular city tax bills, it shall be collected on special bills to be prepared and mailed and collected in the same manner as regular tax bills. Subsection (aa) shall apply just as if regular city tax bills were used.
The reassessment provisions of this subsection are alternative to the reassessment provisions elsewhere contained in this title.
If any reassessment levied under this subsection or any other part of this title is held invalid for any reason, the council may conduct additional reassessment proceedings under this title, or any state law, to the end that the cost of the project is paid by the properties benefited thereby.
(gg) Id. - Lien. The lien of any reassessment shall attach at the same time and have the same priority as the lien of the original assessment.
(hh) Security for existing bonds. If any invalidity is not in the bonds themselves or in the issuance thereof, the council may so declare and conduct a reassessment proceeding in the same manner as the proceedings for the formation of the original district, but without the issuance of new bonds. In such event, the reassessment proceedings shall constitute the proceedings providing a legal authority for the issuance of the outstanding bonds, and the redemption fund created in any such reassessment proceeding shall constitute a trust fund for their payment.
(ii) Exchange of Existing Bonds. If the invalidity is in the bonds themselves or in the issuance thereof, or if the council shall so determine in the reassessment proceedings, new bonds shall be issued and exchanged for the outstanding bonds. The new bonds shall mature in the amounts and at the times provided for the outstanding bonds, as nearly as may be.
If the council shall so determine, it may assign different bonds and allot maturities as it shall deem equitable.
(jj) Limitation of Actions. The limitation of actions provided in Section 329.5 of the Code of Civil Procedure is applicable to any attack on or defense against the collection of the annual assessment herein provided for.
(kk) Validating Proceedings. An action to determine the validity of any assessment district, bonds, assessments, supplemental assessments, reassessments, contracts or evidences of indebtedness, and of the proceedings conducted in connection therewith pursuant to this section, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
(Ord. 3514 §24, 1984: Ord. 3507 §24, 1984: Ord. 2985 §1, 1977: Ord. 2798 § 1-5, 1974: Ord. 2528 (part), 1969: Ord. 2498 (part), 1969: Ord. 2452 (part), 1968: Ord. 2443 (part), 1968: Ord. 2277 (part), 1966: prior code §40.507)