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HomeMy WebLinkAboutOrdinance #689 ORDINANCE NO. 689 AN ORDINANCE RELATING TO VEHICLE OFF-STREET PARKING DISTRICTS The City Council of the City of Huntington Beach, California, does ordain as follows : Section 1: General Powers. The whole or any part or parts of the City may be created and operated as a district or districts for the acquisition, improvement, administration, maintenance, operation and disposal of public motor vehicle parking places; bonds to pay the cost thereof may be issued and paid; revenues from on and off- street parking facilities may be allocated and pledged; annual ad valorem assessments may be levied and collected; contributions may be made; covenants and agreements with the bondholders for the security and payment of such bonds may be made ; and the Parking Commission shall have the powers, jurisdiction and authority, all as now or hereafter provided in The Parking District Law of 1951 (herein called Act•) , excepting as herein otherwise provided. Section 2 : Ordinance Superior. The provisions of this ordinance shall be controlling to the extent that they are in conflict with any of the provisions of the Act. Section 3 : Ordinance Not Exclusive. This ordinance is not exclusive. The Council shall have the power to pro- • . 1. Ord. No . 689 vide other procedures or to follow parking place or district procedures now or hereafter proveded by general law. Section 4: Investigation Act. 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 acquis- itions or improvements, or both, in the manner proveded in Section 17, Article $111 of the California Constitution. (a) Preliminary Determination of Necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have , why the Council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931. (b) Notice and Hearing. The resolution shall contain a notice of the time and place of hearing. A copy of the resolution shall be published in one or more issues of a newspaper published and circulated in the City, and a copy shall be posted on or near the Council Chamber door or on a bulletin board in or adjacent to the City Hall. The posting and publication shall be had at least ten days before the date of hearing. The resoluti'on 'may be consolidated with the 2. Ord. No.. 689 resolution of intention. (c ) Objections. Any person interested may object- to undertaking the proceedings without first comply- ing with the provisions of the Investigation Act. (d) Final Determination of Necessity. If no protests are made, or when the protests shall have been heard and overruled, the Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquis- itions, and that the Investigation Act shall not apply. The said finding may be incorporated -in the resolution ordering the improvement and/or acquisition. (e ) Modification. When proceedings are had for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention and the. resolution ordering the changes and modifications shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications. (f) Jurisdiction. The resolution determining the convenience and necessity shall be adopted by the affirm- ative vote of four-fifths of the members of the Council, and its finding and determination shall be final and con- clusive. (g) Nonapplication. This section shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act: 3. Ord. No. 689 (h) Finality. Where proceedings for any im— provements and/or acquisitions or any part thereof have been undertaken without compliance with the Investigation Act or without proceedings under this section, proceedings may thereafter be had under this section with reference thereto, and the order of the Council determining conven— ience and necessity therein shall be final and conclusive. Section 5 : Zones. If, in the judgment of the Council, varying benefits will be derived by the different parcels of land lying within the assessment district so require, the district may be divided into zones according to benefits. (a) Number. The district may be divided into as many zones -- up to the total number of parcels of land in the district -- as may be deemed necessary, and each zone shall be composed of and include all the lands within the district which will be benefited in like measure, (b) Percentage. The Council shall also deter— mine the .percentage of the sum to be raised each year by the levy and collection of the special assessment- taxes in the district for the payments on the principal and interest of the bonds, which will be raised from the lands in each zone. (c ) Resolution of Intention. When the district is divided into such zones the resolution of intention :s.hall so state, giving said percentages to be raised from the lands in each zone. 4. Ord. No. 689 (d) Designation. Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the City Clerk and, referred to in the resolution of intention, either by separate boundaries, coloring or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located. (e) Plat. It shall be sufficient, in all cases where the assessment district is to be divided into such zones according to benefits, if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones. Section 6 : City Volition. The City may prepare a report, adopt a resolution of intention and form a parking district, without any petition therefor. Section 7: Parking Places. It shall not be necessary for the proposed parking lots to be located within the parking district. Section 8: Elapse of Time. It shall not be necessary for any specified time to elapse between the performance of acts. Section 9: Period of Notice. The first publication and the mailing of any resolution or notice shall be not later than ten (10) days before the day fixed therein for hearing or other act. 5. Ord. No. 689 Section 10: Resolution Sufficient. The Council may act by resolution where an ordinance is provided. Section 11: When Bonds May Issue.. The bonds may be 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. .Section 12 : Maturity of Bonds. The bonds may be made payable on July 2nd of each year in such amounts as the Council shall determine. The last installment shall mature not later than thirty-nine (39) years from the 2nd day of July next succeeding ten (10) months after their date. Section 13 : Registration. The bonds may be..made re- gisterable as to principal and interest, or as to principal only, and may be made deregisterable. Section 14: Divisions. The bonds._may _be issued in different divisions with different dates and dates of maturity. Section 15: Sale. The bonds may be sold below par, in the manner determined by the Council. Section 16 : Bonds, Source of Payment. Any bonds issued hereunder, and the interest thereon, shall be payable from annual ad valorem assessments levied upon- the taxable real property within the district and the limitations upon the rate or period thereof provided in the Act shall not apply. The bonds may also be payable -from on and off- street parking revenues. 6. Ord. No. 689 Section 17: Enlargement of District. The boundaries of the district heretofore or hereafter formed may be enlarged from time to time. (a) Resolution of Intention. The territory to be annexed shall be set forth in a resolution of preliminary determination and of intention to be adopted by the Council which shall give notice that the matter., and all persons interested, will be heard by the Council at a time to be stated therein. (b) Publication. The resolution shall be publish- ed twice in a newspaper of general circulation published in the City and posted as provided in section 4(b) . (c) Hearing. The hearing may be adjourned from time to time. At the hearing the Council shall have the power to determine whether or not .the entire territory, or only a portion thereof, to be annexed,. and the district, will be benefited by the annexation. (d) Order. The Council shall by resolution order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. (e) Ad Valorem Assessment. Thereafter the pro- perty annexed shall be subject to special levies for maint- enance and operation and for any bonds issued for the acq- uisition or construction of improvements, the same as are the properties already in the parking district. Section 18: Additional Street Meter Pledge. The Council may, from time to time, pledge street meter revenues 7. Ord. No. 689 from without or within the parking district. Section 19: Additional Parking Place Pledge. The Council may, from time to time, pledge revenues from off-street park- ing places theretofore or thereafter acquired in other than the proceedings in addition to those acquired in the proceedings. Section 20: Other Procedures. When proceedings are had under said Act, its provisions may be supplemented by other proceedings or as otherwise provided in the resolution of intention. Section 21: Two Parking Districts. Territory included in one parking district may be included in another parking district if the Council shall find that the territory will be benefited by being included in the subsequent parking district. Section 22 : Rental Of Facilities. The City may acquire, construct, rent, lease, maintain, repair, manage and operate all or any portion of any real and personal property, in- eluding the leasing of property for parking, the leasing of the operation of the property, and the leasing for commercial purposes of surplus space or space which it is not economic to use for parking purposes. Section 23: Incidental Use. As an incident to the operation of any parking facility, the City may devote a portion of. its property to uses such as retail stores., bus terminal, gasoline service station, helicopter landing area, or any other commercial use, when in its judgment it is convenient or necessary to conduct or permit such use. in 8. Ord. No . 689 order to utilize properly the property as a parking facility. Any such incidental use shall be secondary to the primary use as a parking facility, and the portion of the land de- voted to the incidental use. shall not exceed 25. percent of the surface area of the property. If a building is erected on the property for the purpose of parking motor vehicles, the incidental use of the building shall not occupy more than 25 percent of the floor area. Neither the Commission nor the Council shall manage or operate surplus space devoted to commercial pur- poses other than parking vehicles, but shall lease such space to private operators. Section 24: Sale of Property. The Council, by four- fifths vote of all of its members, may determine that any- parcel of property acquired from the proceeds of the bonds, or any improvements, extensions or replacements thereof- or- additions thereto, is no longer needed for off-street park- ing purposes or such facilities may be otherwise better provided.. The property shall thereafter be sold and dis- posed of, either during or after the term of the bonds. The proceeds of the sale shall be used for the following purposes and in the following order of priority: (a) For the purchase . of other off-street parking places or facilities for the parking district, or- for improvements, additions and extensions to the existing facilities thereof. 9. Ord. No. 689. (b) To pay the principal of and- interest on the parking bonds of this issue or_ any additional parking bonds of the district then outstanding. (c) To make the refunds provided in Section. 35705 provided in this Act. (d) No property shall be sold until after proceedings for changes and modifications have been had as provided in the Act. Section 25: -- Taking Effect. This ordinance shall be published once in the Huntington Beach News within two (2) weeks after its adoption and shall take effect thirty (30) days after its adoption. PASSED AND ADOPTED by -the City Council of the -City. of Huntington Beach, California, this 2nd day of June,1958. EARL T ; - IRBY Mayor ATTEST: JOHN K r�ICKSEN . .. _ City- Clerk 10. Ord. No. 689 STATE OF CALIFORNIA County of Orange ss; City of Huntington Beach I, JOHN L. HENRICKSEN, the duly elected, qualified and acting City Clerk of the City of Huntington Beach and ex-officio Clerk of the City Council of said City, do hereby certify that the -whole number of members of the City Council of the City of Huntington Beach is five; that the foregoing. ordinance was read to said City Council at a regular meet- ing thereof held on the 19th day of May, 1958, and was again read to said City Council at a regular meeting thereof held on the 2nd day of June, 1958, and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: COUNCILMEN: BAYANT, WRITE, LA- BERT_TERRY IRBY. NOES: COUNCILMEN: NONE. ABSENT: COUNCILMEN: NONE. ?Vw�JLOHN L. HEM?RICKSEN Cit erk--and ex-officio C erk of the City Council of 'the City of Huntington_Beach, California 11.