SECTIONS 35250-35276

35250.  The formation of a parking district may be proposed bypetition signed by the owners of real property in the proposeddistrict, as shown by the last equalized assessment roll, owning realproperty of an assessed value of not less than fifty-one percent(51%) of the total assessed value of all taxable real property in thedistrict, as shown by the assessment roll, and owning taxable landin the proposed district constituting not less than fifty-one percent(51%) of the total area of all taxable land in the district.35251.  The petition shall contain: (a) A general description of the boundaries of the proposeddistrict. (b) A general description of the parking places proposed to beacquired. (c) A general description of any public ways proposed to beacquired for ingress to or egress from the parking places. (d) A general statement of the improvements to be made orconstructed on the proposed parking places, the public ways proposedto be acquired, or existing public ways which would provide ingressto or egress from the proposed parking places. (e) Any limits as to time and rate upon ad valorem assessmentswhich may be levied upon taxable real property in the district forthe purposes permitted by this part. The limits as to time shall notexceed 36 years from the date of the bonds, and the limits as to rateshall not exceed seventy-five cents ($0.75) on each one hundreddollars ($100) of assessed valuation. This limit as to rate does not apply to any district in achartered city. The petition shall contain the maximum tax rate whichwill be levied in any parking district in a chartered city. (f) Any amount of money which it is proposed that the citycontribute toward the cost and expense of the acquisitions andimprovements proposed by the petition, toward the payment ofincidental expenses of the proceedings hereunder, for theestablishment of a reserve fund for the payment of the bonds and theinterest thereon, or for other purposes in connection with thedistrict. (g) A general statement of the public ways within the district onwhich it is proposed the city install and maintain, or continue tomaintain, parking meters, the net revenues from which will beallocated and pledged to any of the purposes specified in this part,and the period of time, measured from the date of the bonds, forwhich it is proposed that the city agree to maintain the meters. Ifit is proposed that only a specified amount, percentage, or portionof the net revenues shall be so allocated and pledged, the amount,percentage or portion shall be generally defined.35252.  The petition shall be filed in the office of the clerk ofthe legislative body.35253.  When the petition is filed, the clerk of the legislativebody shall examine the petition. If it is signed by the requisitenumber of qualified signers, the clerk shall so certify to thelegislative body.35253.1.  If the petition is not signed by the requisite number ofqualified signers, the clerk shall certify to the legislative bodythat said petition is insufficient. If the petition is insufficient,supplemental petitions may be filed within three months from the dateof the certificate of insufficiency, or such additional period asthe legislative body may allow, not to exceed six months from thedate of the first certificate of insufficiency.35253.2.  The clerk shall certify the sufficiency of the petitionand any supplemental petitions to the legislative body, if thepetition, together with supplemental petitions if any, shall besigned by the requisite number of signers as shown by the lastequalized assessment roll upon the date of said certificate. Suchcertification shall be conclusive as to the sufficiency of thepetition.35253.3.  If any person shown on the last equalized assessment rollto be the owner of land within the proposed district shall be unableto sign by reason of legal disability or shall cease to be the ownerof all or any part of such land before the petition or supplementalpetition shall have been filed with the clerk, said petition orsupplemental petition may be signed by the legal representative (ashereinafter designated) or other successor in interest of said owner.All petitions signed by a person other than said owner shall beaccompanied by written evidence, satisfactory to the clerk, that thesigner (a) In the case of a legal representative, is the duly appointedguardian, executor or administrator of the estate of said owner, or (b) In the case of other successors in interest, is the holder oflegal title to, or has the beneficial ownership in, said land.35253.4.  If the assessed value of any parcel of land, and anyimprovements thereon, is not shown or separately shown upon theassessment roll, upon request of the clerk, the assessor shallestimate the assessed value of such parcel and any improvementsthereon, and such estimate for the purpose of certifying saidpetition shall be considered the assessed value of such parcel, andany improvements thereon.35254.  If the petition proposes a contribution of money by thecity, the legislative body either shall reject the petition, or priorto the adoption of the resolution of intention, shall agree to makea contribution not less than the amount specified in the petition.35255.  The statement of the amount of city contribution in thepetition or in the resolution of intention shall not prevent the cityfrom making additional contributions to the project before or afterthe issuance of bonds therefor and shall not prevent the city frompaying all or any part of the incidental expenses in connection withthe proceedings under this part.35256.  If the petition proposes that the city install and maintain,or continue to maintain, parking meters on public ways within thedistrict, the legislative body either shall reject the petition, orprior to the adoption of the resolution of intention, shall agree toinstall and maintain, or continue to maintain, parking meters asproposed in the petition. The legislative body shall not so agreeunless it finds and determines that the public interest, convenience,and necessity require that the meters be installed and maintained,or be continued to be maintained, as proposed in the petition.35257.  The legislative body shall either approve the petition orreject it. If it approves the petition, it shall direct the cityengineer or other competent person to make and file with it a reportshowing the following: (a) An estimate of the cost of the acquisitions and improvementsproposed by the petition and of the incidental expenses in connectiontherewith and of the proceedings therefor. (b) An estimate of the annual revenues which can be expected to bederived from the operation of the proposed parking places, and ofthe annual expenses of operating and maintaining the parking placesexclusive of principal and interest on the bonds to be issued. (c) An estimate of the annual net revenues which can be expectedto be derived from the parking meters, the revenues from which are bythe petition proposed to be pledged to any of the purposes specifiedin this part. (d) The total assessed value of the real property within theproposed district as shown on the last equalized assessment roll.35258.  Upon the filing of the report, the legislative body mayadopt a resolution declaring its intention to form a parkingdistrict. The resolution shall contain substantially the following: (a) The name of the proposed district. (b) A description of its boundaries. This description may begeneral only and may refer to a map on file in the office of theclerk of the legislative body, which map shall show the boundaries ofthe proposed district and shall govern for all its details. (c) A general description of the acquisitions and improvementsproposed by the petition. This description may be in general termsand may refer to a map, plan, or sketch on file in the office of theclerk for a further description of what is proposed to be done. (d) The estimates of costs, expenses, and revenues, and theassessed value of real property in the proposed district, as setforth in the report. (e) The amount to be contributed by the city as proposed by thepetition and agreed to by the legislative body. (f) An estimate of the amount of the bonds proposed to be issued,the maximum number of years the bonds are to run, and the maximumrate of interest to be payable thereon not in excess of 7 percent ayear. (g) The limits, as stated in the petition, as to time and rateupon any ad valorem assessments which may be levied upon taxable realproperty in the district for the purposes permitted by this part. (h) A general statement of the public ways within the district onwhich the city, as proposed by the petition, will install andmaintain, or continue to maintain parking meters, the net revenuesfrom which will be allocated and pledged to any of the purposesspecified in this part, and the period of time, measured from thedate of the bonds, for which the city will agree to maintain themeters. If it is proposed that only a portion of the net revenues beso allocated and pledged, that portion shall be generally defined. (i) The time and place for two hearings on the proposed formationof the district and the time within which and the place whereprotests may be filed. (j) The resolution shall make reference to the report on file inthe office of the clerk.35260.  Pursuant to Section 54954.6 of the Government Code, theclerk of the legislative body shall mail a copy of the resolution,postage prepaid, to each person to whom real property in the districtis assessed as shown on the last equalized assessment roll, at hisaddress as shown upon the roll, and to each person, whether owner infee or having a lien upon, or legal or equitable interest in, anyreal property within the district, whose name and address and adesignation of the real property in which he or she is interested ison file in the office of the clerk.35261.  Any error, failure, or mistake in the mailing of the copy ofresolution or any thereof and any failure of any person to receivethe copy shall not affect in any way the validity of any proceedingshereunder.35262.  Any person interested and objecting to the formation of theparking district, the extent thereof, the inclusion of his propertytherein, the proposed acquisitions and improvements, the issuance ofbonds, or to any other proposal in the resolution of intention, mayfile a written protest with the clerk of the legislative body at anytime prior to the time fixed for the hearing.35263.  At the hearing the legislative body shall hear and determineall protests filed.35264.  The legislative body's decision on the protests shall befinal and conclusive. However, if the owners of taxable real propertyin the district having an assessed valuation of more than one-halfof the assessed valuation of all taxable real property in thedistrict at the conclusion of the hearing have on file and notwithdrawn their written protests objecting to the formation of thedistrict, the legislative body shall find that a majority protest hasbeen filed, and the proceeding shall be terminated. No furtherproceedings shall be had or taken pursuant to the petition.35265.  Any protest filed may be abandoned and withdrawn by writtennotice of such abandonment or withdrawal signed by the person whosigned the protest and filed with the clerk of the legislative bodyat any time prior to the conclusion of the hearing.35266.  If a proceeding is terminated by the filing of a majorityprotest a new petition for the same purpose may not be filed untilthe expiration of one year from the date of the finding that amajority protest was filed. However, a new petition for a modifiedproject may be filed at any time.35267.  The hearing may be continued from time to time at thediscretion of the legislative body.35268.  At the hearing the legislative body may alter the boundariesof the proposed district as it finds to be proper and advisable andshall define and establish the boundaries, but the legislative bodyshall not modify the boundaries so as to include any territory whichwill not in its judgment be benefited by the proposed project, and noterritory shall be excluded from the proposed district which will inthe judgment of the legislative body be benefited by the proposedproject.35269.  At the hearing the legislative body may increase, decrease,change, or otherwise modify the acquisitions or improvements to bemade, but the legislative body shall not do so, without firstprocuring from the city engineer or other competent person asupplemental report showing the effect thereof upon the estimates andother data given in the original report.35269.5.  If the legislative body proposes to make changes in theboundaries of the proposed district or in the acquisitions andimprovements, it shall take the proceedings required by Sections35270 to 35273, inclusive, and shall continue the hearing to the timefixed for hearing objections to the proposed changes.35270.  The legislative body shall not change any boundaries oracquisitions and improvements, except after notice of intention to doso is published pursuant to Section 6066 of the Government Code inthe newspaper in which the resolution of intention was published. Thenotice shall specify a time for hearing objections to the proposedchange, which shall be not less than twenty (20) days after the firstpublication of the notice. If a change proposed is to includeadditional real property in the district, the clerk of thelegislative body shall also mail a copy of the notice, postageprepaid, to each person to whom real property in the area proposed tobe added is assessed as shown on the last equalized assessment roll,at his address as shown upon the roll, and to each person, whetherowner in fee or having a lien upon, or legal or equitable interestin, any such real property, whose name and address and a designationof the real property in which he is interested is on file in theoffice of the clerk. The notice shall be mailed at least 20 daysprior to the time set for hearing objections.35271.  Written objections to any proposed change may be filed withthe clerk of the legislative body by any interested person at anytime prior to the hour set for hearing them.35272.  The legislative body shall hear and pass upon objections toproposed changes at the time appointed or at any time to which thehearing may be adjourned. Its decision shall be final.35272.5.  If the boundaries are changed, protests objecting to theformation of the district made by owners of real property excluded bythe change shall not be counted in computing a majority protest ashereinbefore provided, but written protests objecting to theformation of the district made by owners of real property remainingin the district and by the owners of real property added by thechange and filed not later than the time fixed for hearing objectionsto such change shall be counted in computing a majority protest ashereinbefore provided.35273.  At the conclusion of the hearing fixed by the resolution ofintention, if no majority protest is on file and if all protests andobjections, including protests and objections to changes, have beenoverruled and denied, the legislative body may proceed further underthis part, and may adopt an ordinance declaring that the parkingdistrict is formed and describing the acquisitions and improvementsto be made.35273.1.  The legislative body shall not pass any ordinance forminga district under this part until it shall have procured suchinformation as it deems necessary and adequate to enable it todetermine whether there is public need for such facilities, whetherthe proposed district approximately covers the contiguous areaneeding such facilities, whether sufficient property within theproposed district will be benefited thereby, and whether the proposedimprovements are located and designed in the manner most compatiblewith the greatest public good and the least private injury.35274.  Any district formed pursuant to this part may be named"Parking District No. ____ of the City of ____."35275.  Any objections or protests not made at the time and in themanner provided in this chapter are deemed waived voluntarily.Proceedings under this chapter shall not be attacked after theconclusion of the hearing upon any ground not stated in an objectionor protest filed pursuant to this chapter.35276.  No action, proceeding or defense to correct, set aside,cancel, avoid, annul or otherwise attack any proceedings under thispart up to and including the adoption of the ordinance declaring thedistrict formed shall be maintained by any person unless such action,proceeding or defense is commenced or made within 30 days after theadoption of such ordinance. No action, proceeding or defense tocorrect, set aside, cancel, avoid, annul or otherwise attack anyproceedings under this part taken subsequent to the adoption of saidordinance, including but not limited to proceedings taken anddeterminations made pursuant to Sections 35402 and 35402.3, shall bemaintained by any person unless such action, proceeding or defense iscommenced or made within 30 days after the taking of suchproceedings.