SEC. 9-451. POWERS:
There is hereby vested in the Council the power to issue vehicle offstreet parking bonds upon an offstreet parking assessment district created under this Code to finance the cost of acquiring, constructing, improving and extending vehicle offstreet 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.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-452. PURPOSE:
The purpose of this Division is to provide a procedure by which assessment bonds may be issued for the acquisition, construction, improvement, extension and financing of vehicle offstreet 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 offstreet parking places and facilities.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-453. DEFINITIONS:
As used in this Article:
(a) "Charge" means fees, tolls, rates and rentals.
(b) "Improve" means reconstruct, replace, extend, repair, better, equip, develop, embellish or otherwise improve.
(c) "Net Revenues" means the revenues (gross revenues) of parking places, remaining after deducting all sums expended therefrom for the annual management, operation, maintenance and repair thereof, including all incidental costs, fees and expenses property chargeable thereto, without allowance for depreciation.
(d) "Net Meter Revenues" means 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" means 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 funds and interest earned thereon.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-454. OFFSTREET PARKING REVENUES:
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.
(Amended by Ordinance 2640C.S. — Effective April 10, 1975)
SEC. 9-455. ONSTREET PARKING METER REVENUES:
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 street parking meters then owned or controlled or to be acquired or controlled, by it, for the purposes in Section 9-454 of this code.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-456. RESOLUTION OF INTENTION:
The resolution of intention shall state the pledges proposed to be made by the City pursuant to Sections 9-454 and 9-455. It shall also state, in general terms sufficient to be understood and applied, the formulae to be used in determining the annual apportionment of benefits in the levy of annual ad valorem assessments upon the taxable real property within the proposed assessment district and the granting of credits to the extent that private offstreet parking places and facilities shall have been provided for the year by owners of real property within the district.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-457. MODIFICATION OF ASSESSED VALUES:
In stating the formulae under Section 9-456, the Council may provide for modification of the assessed valuations of properties to be assessed, as follows:
(a) A parcel of land that is zoned and used for residential purposes at the time of a levy;
(b) A parcel of land that 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;
(c) Additional formulae for all parcels to be assessed, based upon the ratio of their parking deficiencies in conformity with the requirements of the applicable provisions of Chapter XVI, Planning and Zoning Code of the Stockton Municipal Code.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-458. ENGINEER'S REPORT:
No assessment or diagram shall be provided for the engineer's report. However, it shall contain or be supplemented by a preliminary annual estimated report for the first bond year in form substantially as hereinafter provided for in this Code, 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 then use and location of the property by the application of the formulae described in the resolution of intention.
SEC. 9-459. NOTICE OF PROPERTY OWNERS:
Each notice to property owners shall state the estimated amount of the first annual assessment against the particular parcel covered by the notice.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-460. HEARING:
At the hearing on the resolution of intention and report, the Council may make changes in the project, the costs, the assessment district any zones and the percentages relating thereto, in the supplemental report, and in the formulae stated in the resolution of intention. In that event, notice shall be given and a further hearing held as provided in Article 3 of Division 2 of this Code.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-461. BUDGET:
The Director of Finance shall annually cause to be prepared a budget 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 second succeeding assessment levy under this Article shall be available therefor;
(b) The balance estimated to be available therefor at the end of the fiscal year, in the bond interest and redemption fund created for the bonds;
(c) The amount estimated to become available therefor pursuant to a pledge in the assessment proceedings, from revenues which may be provided to be collected by the City on vehicle offstreet parking places or facilities in or for the parking assessment district created for the bonds;
(d) 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 the bonds;
(e) The amount of additional contributions, if any, which the City proposes to make to the bond fund for the year;
(f) The balance of the amount provided in subdivision (a) less those amounts in (b), (c), (d) and (e).
The estimated amounts provided under subdivisions (c), (d), (e), and (f) shall be provided in the City budget for the fiscal year for which an annual assessment is to be levied.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-462. REPORT:
The Director of Finance 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 by property headed columns, show the information provided therefor and required by the formulae, and the amount of the total annual ad valorem assessment for said year, on each parcel of land to be assessed.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-463. HEARING DATE:
The report shall come on regularly for hearing by the City Council at its regular meeting held at an appropriate time in July of each year..
(Amended by Ordinance 006-00 C.S. – Effective April 27, 2000) (Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-464. NOTICE OF HEARING:
The City Clerk shall cause notice of the hearing on the report to be given by publication, posting and mailing.
(Amended by Ordinance 2640C.S. — Effective April 10, 1975)
SEC. 9-465. Id — MAILING, SUBSEQUENT REPORTS:
Notices shall not be required to be mailed to persons as to a hearing on subsequent reports, when the report is heard at the time fixed in Section 9-463 of this Code.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-466. PROOF OF NOTICE:
Affidavits of publication and affidavits or certificates of posting and mailing notices of hearing shall be made and filed with the Clerk.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-467. COLLECTION OF ASSESSMENT:
Except as herein otherwise provided, the report shall be certified, noticed, heard and confirmed and the assessments therein collected in the manner provided in Section 9-418 through 9-434 of Article 7 of this Code, with notice modified to conform to this Article.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-468. MODIFICATION OF FORMULAE:
The formulae for the apportioning of benefits may be modified in the manner provided in Sections 9-409 through 9-413 of Article 7 of this Division.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-469. FUNDS:
Funds shall be established and maintained in the manner provided in Sections 9-414 through 9-416 of Article 7 of this Division.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-470. OTHER APPLICABLE PROVISIONS:
The other provisions of Articles 5 and 7 of this Division, not inconsistent with the provisions of this Article, shall apply.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-471. AD VALOREM ASSESSMENT:
The amount provided in Subdivision (f) of Section 9-461 of this Code, including provision for anticipated delinquencies, shall be raised by annual ad valorem assessments on all taxable real property within the parking assessment district, in the ratio of their assessed valuation as modified by zones and other provisions of the formulae, until all of the bonds and the interest to accrue thereon have been paid in full.
(Amended by Ordinance 2640-C.S. — Effective April 10, 1975)
SEC. 9-472. ACQUISITION VALUE ASSESSMENT:
In recognition of the fact that the addition of Article XIIIA to the State Constitution by the voters of the State of California in June, 1978, established a new system of property taxation in this State, substituting an acquisition value roll in place of the ad valorem roll as the basis for such property taxation, any special assessment levied pursuant to Sections 9-456 and 9-471 of this Article or Section 9-358 of Article 5 or Section 9-401 of Article 6 or any other provision of this Part after the fiscal year 1977-78 shall be denominated an acquisition value assessment, rather than an ad valorem assessment, or tax, and shall be otherwise levied and collected as provided in Section 9-359. Except in cases where the intent is clearly to the contrary, whenever the term "tax," "taxes" or any variant thereof is used in this Division, it shall be deemed to mean acquisition value assessments.
(Added by Ordinance 037-91C.S. — Effective July 25, 1991)
SEC. 9-473. REASSESSMENT PROCEEDINGS:
If any court of competent jurisdiction determines that any contract purporting to have been made, or any proceedings, steps or actions purporting to have been taken, or any bond or bonds issued, or any levy of assessment made under this Article is or are void, invalid or unenforceable for any reason, said court shall also order that reassessment proceedings consistent with such determination be conducted in the manner herein provided and, if the validity of any outstanding bonds is tainted by such determination, that new bonds be issued in the place thereof. The Council may also order reassessment proceedings and, if necessary, the issuance of new bonds, if it determines the existence of such voidness, invalidity or unenforceability. The reassessment proceedings and, if necessary, the issuance of new bonds, shall be conducted and accomplished in the manner provided in Article 8 of this Division 6, except that the proceedings shall refer throughout to the reassessment rather than to the assessment. Any such reassessment together with any other source of funds identified in the reassessment proceedings, shall constitute the security for the outstanding bonds or any new bonds issued pursuant to this Section.
Reassessment proceedings may be conducted pursuant to this Section regardless of whether the acquisition and construction of the local improvement being financed has commenced, is under construction or is complete.
(Added by Ordinance 037-91C.S. — Effective July 25, 1991)
Stockton, CA 
