This chapter shall be cited as Sunnyvale parking district ordinance.
(Prior code § 8-9.01)
The public interest, convenience and necessity require and the city council of the city of Sunnyvale are and constitute a parking authority and have the powers, jurisdiction and authority herein provided, and no further declarations for such authority or commission, shall be required. The parking authority shall be and constitute the parking place commission or parking authority in lieu of those provided in general law.
(Prior code § 8-9.02)
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.
(Prior code § 8-9.03)
The whole or any part or parts of the city of Sunnyvale 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 shall be levied and collected; net revenues from on and off-street parking meters for the payment of the principal and interest of such bonds and for the cost of maintaining and operating such facilities shall be allocated and pledged; covenants and agreements with the bond holders for the security and payment of such bonds shall be made; supplemental remedies for the payment of said bonds shall be had and taken; and the parking authority shall have the powers, jurisdiction and authority all as now or hereafter provided in The Parking District Act of 1951 (herein called act), excepting as herein otherwise provided.
(Prior code § 8-9.04)
Before ordering any acquisitions, or improvements, or both, or the creation of any district pursuant hereto, the council shall find that the public convenience and necessity require such acquisitions or improvements, or both, in the manner provided in Section 17, Article XIII of the California Constitution.
(Prior code § 8-9.05)
This chapter is not exclusive. The council shall have the power to provide other procedures or to follow parking place or district procedures now or hereafter provided by general law.
(Prior code § 8-9.07)
The city may prepare a report, adopt a resolution of intention and form a parking district, without any petition therefor.
(Prior code § 8-9.08)
The first publication of the resolution of intention and the mailing of copies thereof shall be not later than ten days before the day fixed therein for hearing. In any proceedings heretofore or hereafter taken, the council may act by resolution; and the council may order the bonds issued before contracting or obtaining options for the purchase of the land, property or rights-of-way to be acquired, or obtaining a judgment in eminent domain for the acquisition thereof. The bonds may be sold for less than par and in such manner as the council shall determine.
(Prior 8-9.09)
The bonds shall be serial in character, payable in such amounts on July 2nd of each year as the council shall determine, the last installment of which shall mature not later than thirty-nine years from the second day of July next succeeding ten months after their date. They shall bear interest at not to exceed six percent per year, payable semiannually except that the first coupon shall be for interest from their date to the January second next succeeding four months from their date. The bonds may be issued in different divisions with different dates, may be callable as provided in the act, may be sold at or below par, in the manner determined by the commission, and shall state in substance that they are not a general obligation of the city but rather are payable solely from the special ad valorem levies and from the net revenues of on and off-street parking facilities within the district and pledged therefor.
(Prior code § 8-9.10)
Any bonds issued hereinunder, and the interest thereon, shall be payable from annual ad valorem assessments levied upon the real property within the district and the limitations provided in the act shall not apply. The bonds shall also be payable from net on and off-street parking revenues as herein provided.
(Prior code § 8-9.11)
Annually, prior to the time fixed for levying city taxes, the authority shall prepare and file with the council a statement of the amount required for the payment of the principal and interest of the bonds, for payments to any reserve funds covenanted to be established, and for the payments of any other costs which might be or become a charge against the revenues of the on and off-street parking facilities within the district, and for the cost of maintaining and operating said facilities which has or which will become due before the proceeds of another annual levy shall become available therefor.
The amount available therefor from any previous annual levy and from the net revenues of the on and off-street parking meters pledged therefor, shall be deducted therefrom, and the balance shall constitute the amount of the special levy.
(Prior code § 8-9.12)
The council shall annually, at the time of making the general city tax levy, provide for the levy of an ad valorem assessment upon the taxable real property in said district. In determining the amount of such levy, the council shall anticipate the amount of any delinquency in such levy.
(Prior code 8-9.13)
Such annual assessments shall be levied, collected and enforced in the same manner, at the same times, and with the same penalties and interest, as in the case of city taxes; and upon default in payment, the property securing such assessments shall be sold in the same manner in which real property in the city is sold for non-payment of general taxes, and be subject to redemption within one year from date of sale in the same manner as such real property may be redeemed from such delinquent sales, and upon failure of such redemption shall in like manner pass to the purchaser.
(Prior code § 8-9.14)
In the event there shall not be sufficient moneys in the bond interest and redemption fund to pay any bond or any interest coupon when it shall mature, and there are not sufficient funds available therefor in any reserve fund created therefor, or in the operative fund of said facilities; as a loan only and to be recovered from the proceeds of any special ad valorem assessment levy or net revenues thereafter available therefor, and in any event, from the proceeds of delinquent special ad valorem assessments recovered from the redemption or sale of property subject thereto, the council shall make the transfers and advances from available city funds, and the special tax levies, in the manner and with like force and effect, all as now hereafter provided in Sections 24, 25 and 26 of the Refunding Assessment Bond Act of 1935, or any codification thereof.
(Prior code § 8-9.15)
To expedite the making of such improvement, the council may, at any time, transfer into the acquisition and construction fund, out of available funds, such sums as may be deemed necessary, and make such acquisitions or improvements or both, and pay such incidental expenses therefrom as deemed advisable, and such sums so transferred shall be deemed a loan to such special fund, and shall be repaid from the proceeds of the bonds or ad valorem assessments or net revenues thereafter issued, levied or collected.
(Prior code § 8-9.16)
The city may, from time to time, make contributions to a project if it shall be determined that the public interest and general welfare shall be served thereby.
(Prior code § 8-9.17)
During the progress of the project the council may make changes in the improvements or acquisitions or in the boundaries of the proposed assessment district, or in the estimate of costs, or in the resolution of intention or proceedings.
Where said changes result in extending the boundaries of the assessment district, increasing the total amount to be collected, or increasing improvements or acquisition, or making substitutions therein, they shall not be ordered except after notice of intention so to do published not less than ten days before the day set for the hearing by one insertion in the newspaper in which the resolution of intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing, and after hearing on such notice. Protests may only be made against the proposed changes. If no protests are made, or protests are found to be insufficient, or have been overruled, immediately thereon the council may order said changes.
(Prior code § 8-9.18)
If for any reason the bonds first issued are insufficient to pay the costs of such project, additional bonds may be ordered issued upon giving notice thereof by two publications in a local newspaper, the first of which shall be at least ten days before the date set therein for hearing thereon, and after hearing on such notice. Protests may only be made against the proposed additional bonds. If no protests are made, or protests are found to be insufficient, or have been overruled, immediately thereon the council may order such additional bonds to be issued.
(Prior code § 8-9.19)
This chapter shall be liberally construed in order to effectuate its purpose. No error, informality, omission or illegality, and no neglect or omission of any officer, in any procedure taken hereunder, which does not directly affect the jurisdiction of the legislative body to order the work or improvement, shall avoid or invalidate such proceeding or any assessment for the cost of any work or acquisition hereunder. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the council in accordance with the provisions hereof.
(Prior code § 8-9.20)
All decisions and determinations of the council, upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal, as to all errors, informalities, omissions and irregularities which might have been avoided, or which might have been remedied during the progress of the proceedings or which can be remedied, and as to illegalities not amounting to a want of due process of law.
(Prior code § 8-9.21)
No bonds issued hereunder, and no proceedings for same, shall be held invalid by any court for error, informality, omission, irregularity, illegality or other defect in the same, where the resolution of intention has been actually published as herein provided.
(Prior code § 8-9.22)
No action, suit or proceedings to set aside, cancel, void, annul or correct any assessment or bonds, or to review any of the proceedings, acts or determinations in any proceedings, or to question the validity or to enjoin the collection of any assessments, shall be maintained by any person unless such action, suit or proceedings shall have been commenced within thirty days after the acquisition or improvement shall have been ordered or such assessment shall have been confirmed. Where such time has expired no defense of the same nature shall be raised by such person in any action to establish validity or enforce any remedy.
(Prior code § 8-9.23)
In the event that any court of competent jurisdiction shall determine that any bonds issued hereunder shall be invalid by reason of a want of jurisdiction to issue same, or if the council shall determine that said bonds, or any thereof are collectable, the council shall cause new bonds to be issued upon giving notice thereof by two publications in a local newspaper, the first of which publications shall be at least ten days before the date set therein for hearing thereon. Such bonds shall be for the amount of the unpaid bonds determined to be invalid or uncollectible and for incidental expenses. The council's decision that any original bonds are uncollectible and its decisions on notice and hearing shall be final.
(Prior code § 8-9.24)
At any time after the adoption of the resolution of intention, the council may take proceedings in the superior court in Santa Clara 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.
(Prior code § 8-9.25)
The boundaries of such district may be enlarged from time to time. The territory to be annexed shall be set forth in a resolution of intention to be adopted by the council, which shall give notice that said matter, and all persons interested will be heard by the council at a time to be stated therein, at the regular meeting place of the council. Such resolution shall be published twice in a newspaper of general circulation published in the city, the first of which shall be at least ten days before the date fixed for hearing. The hearing may be adjourned from time to time. At the hearing the council shall have power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefitted by being annexed. The council shall by resolution order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. Thereafter the property annexed shall be subject to special levies for maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of said improvements.
(Prior code § 8-9.26)