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Code reviser's note: Ord. 1277 § 4 provides as follows: "Bonds may be issued under Bond Plan G as set forth in this ordinance upon any district formed after its effective date despite the fact that the proceedings for the formation of the district were initiated prior to its effective date; provided, that the resolution of intention and the proceedings conducted pursuant thereto either include or are amended to include all of the provisions and matters required for such Plan G proceedings as set forth in this ordinance."
There is hereby vested in the Council the power to issue vehicle off-street parking bonds upon an off-street parking assessment district created under this Code 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, including public automobile parking lots, garages and underground or elevated structures, and all works, equipment, appliances, tools and facilities useful therein or therefor.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-151)
The purpose of this article is to provide a procedure by which assessment bonds may be issued for the acquisition, construction, improvement, extension and financing of vehicle off-street parking places and facilities and to permit the bond redemption fund to receive the proceeds of pledges of revenues and contributions and to allow the assessments to reflect credits to properties which provide private off-street parking places and facilities.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-152)
As used in this article:
(a) 
"Charge"
means fees, tolls, rates and rentals for the service or facilities of the parking enterprise.
(b) 
"Improve"
means reconstruct, replace, extend, repair, better, equip, develop, embellish or otherwise improve.
(c) 
"Net revenues"
mean the revenues (gross revenues) of parking places remaining after deducting all sums expended therefrom the annual management, operation, maintenance and repair thereof, including all incidental costs, fees and expenses properly chargeable thereto, without allowance for depreciation.
(d) 
"Net on-street meter revenues"
mean the revenue from street meters remaining after deductions for the cost of acquiring and installing the meters, the cost of their maintenance, operation, repair, replacement and servicing, and the cost of collecting revenues therefrom, without allowance for depreciation or obsolescence.
(e) 
"Parking places"
include parking lots, garages, subsurface structures and buildings for the parking of motor vehicles.
(f) 
"Real property"
means land and improvements.
(g) 
"Revenues"
mean all charges for and all income and receipts derived by the City from parking places or arising therefrom, and includes revenues in all revenue redemption, sinking and reserve fund and interest earned thereon.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-153)
Except as in this article otherwise provided, all of the provisions of Article IV of Chapter 16.10 SCCC and SCCC § 16.15.005 shall apply.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-154)
The City may pledge all or a part of the revenues to be derived by it from off-street parking facilities of the City then existing, to be acquired or constructed in the proceedings, or thereafter to be acquired or constructed by it, for the payment and security of the principal of and interest on the bonds to be issued pursuant to this article, the premiums on and costs of calling bonds prior to their fixed date of maturity and the costs of administration, maintenance, operation, improvement, extension and replacement thereof.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-155)
The City may pledge, place a charge upon, or otherwise make available, as additional security for the payment of bonds to be issued pursuant to this article, all or a part of any or all net on-street meter revenues then owned or controlled or to be acquired or controlled by it, for the purposes stated in SCCC § 16.15.270.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-156)
The resolution of intention shall state any pledges proposed to be made by the City pursuant to SCCC § 16.15.270 and § 16.15.275. It shall also state, in general terms sufficient to be understood and applied, the 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 and the granting of credits 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.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-157)
In stating the assessment formula in the resolution of intention under SCCC § 16.15.280, the Council may provide for but is not limited to variations in the basic formula based on:
(a) 
Zoning, as established by the City Zoning Ordinance;
(b) 
Land use;
(c) 
Distance from existing or proposed parking facilities;
(d) 
The extent to which the parking requirements of applicable City planning and zoning ordinances have been satisfied.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-158)
No assessment or diagram shall be provided for the engineer's report. However, it shall contain or be supplemented by a preliminary report for the first bond year, in form substantially as hereinafter provided for in this article, which shall contain a map or plat showing the parcels to be assessed and an estimated assessment of each parcel for the first bond year based upon the application of the formula set forth in the resolution of intention.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-159)
Each notice to property owners mailed in connection with the first annual levy shall state the estimated amount of the first annual assessment against the particular parcel covered by the notice.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-160)
At the hearing on the resolution of the intention and report, the Council may make changes in the project, the costs, the assessment district, any zones proposed under SCCC § 16.15.210, and the percentages relating thereto, in the supplemental report, and in the formula stated in the resolution of intention. In such event, notice shall be given and a further hearing held as provided in SCCC § 16.05.470 through § 16.05.490, inclusive.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-161)
The Director of Finance shall annually cause to be prepared an estimate for each bond issue under this article which shall include the following:
(a) 
The gross amount required to pay the principal and interest on the bonds which have accrued or which shall accrue before the proceeds of the next succeeding assessment levy under this article shall be available therefor; including allowance for anticipated delinquencies, and the amount estimated to be required and not available from other sources to pay the cost of management, operation, maintenance and repair thereof for the forthcoming fiscal year;
(b) 
The amount estimated to be available therefor in the bond interest and redemption fund created for the bonds;
(c) 
The amount estimated to become available therefor pursuant to a pledge of revenues in the assessment proceedings;
(d) 
The amount of net on-street meter revenues within or without the parking district, which have been pledged for the servicing of the bonds;
(e) 
The amount of any contributions which the City proposes to make to the bond fund for the year;
(f) 
The balance of the amount provided in subsection (a) of this section after deducting the aggregate total of the amounts determined under subsections (b) to (e), inclusive, of this section.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-162)
The Director of Public Works shall annually cause to be prepared a report for each bond issue under this article, which shall, under appropriate headings, show the amounts to be provided in the annual budget and the property headed columns, show the information provided therefor and required by the assessment formula, and the amount of the total annual assessment for said year, on each parcel of land to be assessed.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-163)
When the report has been completed, it shall be endorsed by the Director of Public Works and filed with the Clerk on or before July 15th of each year.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-164)
The report shall come on regularly for hearing by the Council at its regular meeting held on the first Tuesday of August in each year.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-165)
The notice shall be substantially as follows:
NOTICE OF HEARING ON PARKING ASSESSMENT ROLL
PROJECT NO. ________
NOTICE IS HEREBY GIVEN that the Director of Public Works has caused to be prepared and filed with the City Clerk a report which provides the basis for levying assessments on the properties within the parking district created and established for Vehicle Off-Street Parking Project No. ________, and the amounts proposed to be levied for the fiscal year of 20___, upon the several parcels of land 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 ________, 20___, at the hour of 7:00 o'clock P.M., Council Chambers, City Hall, Santa Clara, California, at which time said Council will examine said report and hear all persons interested therein.
Any interested person, objecting to the amount of the assessment on any parcel of land 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 grounds of his/her protest, and may appear at said meeting and be heard in regard thereto.
City Clerk of the City of Santa Clara
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-168)
Affidavits of publication and affidavits or certificates of posting and mailing notice of hearing shall be made and filed with the Clerk.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-169)
The Clerk shall endorse on each protest the date it is filed with him, and shall show whether the protest is filed prior to the hour fixed for hearing. No protest received after that hour shall be included in the computation of the percentage of protests, but the Council may, in its discretion, consider the protests and hear the signers thereof.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-170)
At the time and place fixed for hearing, or at any time to which the hearing is adjourned, the Council shall:
(a) 
Hear all persons having an interest in any real property within the district.
(b) 
Hear all objections, protests or other written communications from persons interested in any real property within the district.
(c) 
Take and receive oral and documentary evidence pertaining to the matters contained in the report.
(d) 
Remedy and correct any error or informality in the report, and revise and correct any of the acts or determinations of the Director of Finance or of the person making the report as contained therein.
(e) 
Amend, alter, modify, correct and confirm the report and each of the assessments therein.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-171)
The report, together with the certificate of the Clerk as to the fact and date of approval by the Council, shall be delivered to the Director of Finance at or before the time the Council fixes the general City tax rate for the fiscal year.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-172)
The estimated amounts provided under SCCC § 16.15.305(c), (d), (e) and (f), as finally approved in the report, shall be included in the City budget for the fiscal year referred to in that section.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-173)
The amount provided in SCCC § 16.15.305(f), including provision for anticipated delinquencies, shall be raised by annual assessments on all real property within the parking assessment district, in accordance with the provisions of the formula, until all of the bonds and the interest to accrue thereon have been paid in full.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-174)
The supplemental security and remedy provisions of Division 10, Part 13 (entitled "Sale for Delinquency"), Section 8800 et seq. of the Streets and Highways Code shall apply. This section is adopted pursuant to Section 43240 of the Government Code.
(Ord. 1277 § 3, 8-7-1973; Formerly § 16-175)