This article may be cited as the "Santa Clara Municipal Park Improvement District Ordinance."
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.1)
Any portion of the City may be formed into a municipal park improvement district for the purpose of creating an indebtedness, to be represented by bonds of the district, the proceeds from the sale of which shall be used for the acquisition or construction of any public park improvement or work authorized herein, and for the further purpose of owning, managing, maintaining and operating any such public park improvement or work.
"Improvement" or "work"
whether used singly or in combination mean and include any work or improvement for public park or amusement or recreational purposes, including, but not limited to, buildings, motor vehicle parking facilities, lakes, streams, bridges, landscaping, and planting improvements, together with the acquisition of property necessary and convenient therefor, as well as the acquisition, construction, reconstruction, addition to, improvement, enlargement and repair of all or any part of such work or improvement, including roads, utilities, sewers, drains and other work or improvements appurtenant or related thereto.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.2)
Any district formed under this article is a public body, corporate and politic, separate and distinct from the City, and not an administrative arm of the Council, exercising public and essential governmental functions, has perpetual succession, and has and may exercise the powers enumerated in this article, those necessarily implied therefrom and such other powers as the Council may hereafter provide.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.3)
Any district formed under this article shall be governed by the Council acting as governing body of the district. All rules of proceedings applicable to the Council acting as such, except as herein otherwise expressly provided, shall apply to the Council acting as governing body of district.
(Ord. 1264 §§ 1, 8-1-7; Formerly § 16-102.4)
All other officers of the City are ex-officio district officers; provided, that the Council may appoint other qualified persons to any district office at any time.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.5)
The Council may, at any time, appoint or employ, fix the compensation of, and prescribe the authorities and duties of other officers, employees, attorneys, architects, engineers and other consultants necessary or convenient for the business of the district. The Council may delegate the employment of employees, architects and engineers to a managing agent by contract pursuant to SCCC § 16.10.790. All personnel appointed or employed under the authority of SCCC § 16.10.570 and this section shall be officers, employees or independent contractors, as the case may be, of the district and not of the City.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.6)
Title to any property acquired by any district or by the City on behalf of any district shall be vested in the district. Any property or rights acquired by the City on behalf of any district prior to its formation shall be deemed to be the property of such district and title thereto shall vest in the district upon its formation. Any contracts negotiated on behalf of any district prior to its formation shall be assigned to such district upon its formation.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.7)
Except as otherwise provided in this article, Article 6 commencing with Section 5350, of Chapter 2 of Division 5 of the Public Resources Code, shall apply. Said statute is hereinafter referred to as "the Act."
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.8)
Any district formed under this article shall have the power, in addition to the power to issue bonds as provided in the Act and this article, to borrow money, incur indebtedness and issue evidences of such indebtedness, and to refund or retire any indebtedness or lien against the district or its property. Such power shall be exercised by resolution of the Council acting as governing body of the district; the sources of funds to repay the indebtedness shall be set forth in said resolution.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.8.1)
Any work or improvement and any subsequent addition thereto or enlargement thereof may be acquired by a district by purchase, condemnation or otherwise upon its completion. As an alternative, any such work, improvement, addition or enlargement may be constructed by the district by contract, through a managing agent or otherwise. Such contracts may be made by negotiation without regard to Sections 5365 and 5366 of the Act, and said sections shall not apply. Such contracts shall be contracts of the district and not of the City. If the Council determines that it is necessary, in order that maximum public use, benefit and enjoyment can be derived from any municipal park acquired or constructed pursuant to this article, that the functions of design, construction, operation, management and maintenance be integrated and combined by contract with a specially trained and experienced person, firm or corporation, who will act as agent for the district, so that the park will be designed, constructed, operated, managed and maintained in an efficient and economical manner, by and with coordinated, uniform and safe means and methods, and in accordance with the highest standards of quality and taste, then the district may contract with the same person, firm or corporation to perform all of said functions, provided such contracting agent meets all of the foregoing criteria.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.9)
No petition shall be required to initiate the proceedings and no election shall be required to authorize the bonds. Section 5351, Subdivision (d) of Section 5352, and Sections 5357, 5358 and 5359 of the Act shall not apply.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.10)
Unless the proceeding has been excepted from the provisions of Division 4 (entitled "The Special Assessment Investigation, Limitation and Majority Protest Act of 1931"), Section 2800 et seq. of the Streets and Highways Code, or proceedings avoided, waived, or taken thereunder, the Council shall take proceedings pursuant to Article I of this chapter. The resolution required by SCCC § 16.10.020 may be consolidated with the resolution or ordinance of intention and the notice required by SCCC § 16.10.030 may be incorporated in the notice required by the Act.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.12)
The bonds may be issued and sold as the Council determines and directs, at public or private sale, at or below their par value and at a rate of interest not to exceed the rate determined by the Council in the resolution providing for the issuance thereof. The bonds shall be payable at the times and in the amounts determined by the Council in said resolution and the limitations of Section 5361 of the Act shall not apply.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.14)
The Council may divide the principal amount of any issue into two or more series and fix different dates for the bonds of each series. The bonds of one series may be made payable at different times from those of any other series. The maturity of each series shall comply with this article.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.15)
In determining the amount of bonds to be issued, the Council may include all of the following:
(a) 
All costs and expenses and estimated costs and expenses incidental to or connected with the acquisition, construction, improving, or financing of the improvement, including the cost of any environmental impact or other studies, filings or reports required by law.
(b) 
All engineering, inspection, legal, and fiscal agent's fees, expenses in connection with the formation of the district, costs of the issuance of the bonds, bond reserve funds and working capital, and bond interest estimated to accrue during the construction period and for a period of not to exceed twenty-four (24) months after completion of construction.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.16)
If the proceeds of the bonds for any reason are less than the cost of the improvement or work authorized in the proceedings, additional bonds may be issued and sold to provide for the amount of the deficit, but not to exceed the amount necessary to complete the works according to the original plans and specifications. Such deficiency bonds shall be deemed to be the same in all respects as the original issue, and shall be entitled to payment, without preference or priority over the bonds first issued, and shall be disposed of in like manner.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.17)
To expedite the conduct of proceedings and the making of any acquisition or improvement authorized by this article, the Council may, at any time, transfer into a special fund designated by the name of the improvement proceeding, out of any available funds of the City, such sums as it deems necessary. The sums so transferred are a loan to the special fund, and shall be repaid out of the proceeds of the district bonds provided for in this article.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.18)
The tax provided in Section 5364 of the Act may be levied upon all taxable land, land and improvements, or all taxable property, as set forth in the resolution of intention.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.19)
The Council may prescribe, revise and collect charges for the services, facilities or products of the improvement or work, or for the use thereof, including, without limiting the generality of the foregoing, charges for admission thereto.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.20)
Any managing agent appointed pursuant to SCCC § 16.10.790 may be granted the authority by the Council to revise such charges subject to such standards and controls as may be established by the Council in the managing agency agreement for the adequate protection of the public interest.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.21)
Revenues derived under SCCC § 16.10.730 and § 16.10.740 may be pledged to the payment and security of the bonds pursuant to Article 4, commencing with Section 53500, of Chapter 3, Part 1, Division 2, Title 5 of the Government Code of the State of California.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.22)
District bonds may be further secured by a deed of trust or other appropriate encumbrance on the improvement or work financed with the bond proceeds.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.23)
Any revenues remaining after full satisfaction of all requirements of any district bond indenture and any other district agreements and obligations shall be transferred to the general fund of the City.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.24)
Any bonds authorized and issued under this article may be refunded, in whole or in part, by proceedings under the Special Assessment and Bond Refunding Act of 1939 or under Article IV of this chapter with bonds under Chapter 16.15 SCCC or under any other refunding law available at the time of the refunding proceedings.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.25)
Whenever the Council determines that the management and operation of any improvement authorized hereunder is so complex and specialized as to require that it be accomplished by specially qualified persons, it may make and enter into managing agency agreements with competent persons, firms, or corporations specially trained and experienced to render such services, subject to retention of such controls over rates and use of the improvement as are necessary or desirable to assure its operation as a public municipal park improvement.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.26)
Any and all contracts, stipulations or agreements made by the City on behalf of any district for the acquisition of any lands, easements, rights or property and for the design, construction, operation, management and/or maintenance of any improvements made prior to the effective date of the ordinance adding this article to the Code are hereby ratified, approved, confirmed, validated and declared legally effective. This shall include all acts and proceedings of the Council and of any person, public officer, board or agency heretofore done or taken in connection with said contracts, agreements or stipulations. All such contracts, agreements or stipulations heretofore made and hereafter carried out and completed in accordance with their terms shall be legal, valid and binding contracts of the district identified therein.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.27)
No action, suit, or proceeding attacking or otherwise questioning the validity of any district formed under this article or of any bonds authorized hereunder or of any acts and proceedings of the Council or other City or district officials in connection therewith shall be brought unless such action, suit or proceeding is commenced within thirty (30) days after the date of adoption of the resolution or ordinance ordering the formation of the district. No action, suit or proceeding attacking or otherwise questioning the validity of any contract or agreement for the acquisition or construction of any improvement or work under SCCC § 16.10.620 or for management services under SCCC § 16.10.790 shall be brought unless such action, suit or proceeding is commenced within thirty (30) days after the action of the Council authorizing execution of any such contract or agreement on behalf of the City or district; provided, however, that if any such contract or agreement is authorized to be and is executed prior to the formation of the district, any such action, suit or proceeding may be commenced at any time prior to the expiration of thirty (30) days from the date of adoption of the resolution or ordinance ordering the formation of the district.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.28)
At any time before the expiration of the limitation period established by SCCC § 16.10.810, an action may be brought pursuant to Section 53511 of the Government Code and Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure to determine the validity of the district and the bonds authorized therefor and the means and sources of payment of the principal and interest thereof, and of any contracts or agreements for acquisition or construction of improvement or work under SCCC § 16.10.620 or for management services under SCCC § 16.10.790 theretofore authorized, including without limitation the legality and validity of all acts and proceedings theretofore taken in connection with such district, bonds, contracts or agreements.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.29)
The Council declares and finds that the Act, this article, and the Santa Clara Improvement Procedure Code constitute a complete scheme of procedure and full authority for the specific purposes set forth in SCCC § 16.10.540.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.31)
The powers conferred by this article are in addition to, and the limitations imposed by this article do not affect, the powers conferred by any other law.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.32)
If the jurisdiction of the Council to order the proposed act is not affected, the defect or omission of the Council or of any officers of the district or the City in proceedings under this article does not invalidate the proceedings or bonds issued under this article.
(Ord. 1264 § 1, 8-1-1972; Formerly § 16-102.35)