SECTIONS 35300-35305
STREETS AND HIGHWAYS CODE
SECTION 35300-35305
SECTION 35300-35305
35300. As used in this chapter, the term "city lands" means landsalready owned by the city which are located within the boundaries ofan existing or proposed district and which are either being used forthe purpose of public off-street parking or are not needed by thecity for any other purpose and are available for such use.35301. The legislative body, at any time after the filing of apetition for the formation of such district, may by ordinance declareand agree that city lands shall for all purposes of said district beheld, used and treated in all respects the same as parking placesacquired with the proceeds of bonds issued under this part. Suchordinance shall not become effective until said district shall havebeen formed and bonds shall have been issued for such district, asprovided in this part. If such ordinance is adopted and becomeseffective, such city lands shall be so held, used and treated and,without limiting the generality of the foregoing, the revenues fromthe operation of off-street parking facilities thereon may be pledgedand used for the same purposes as those for which revenues fromparking facilities acquired or improved with proceeds of such bondsmay be pledged and used. The ordinance shall describe the city landsto be so held, used and treated and shall state the amount ofcompensation, if any, to be paid the city therefor and the manner inwhich said compensation is to be paid.35302. The petition for the formation of the district under thispart may propose that the legislative body shall adopt such anordinance with respect to any city lands, and may proposeimprovements to be made or constructed thereon and shall state theamount of compensation, if any, to be paid to the city therefor andthe manner in which compensation is to be paid. In the event that thepetition proposes that the legislative body adopt such an ordinancewith respect to any such city lands, the legislative body eithershall reject the petition or, prior to the adoption of the resolutionof intention, shall adopt with respect to such city lands theordinance authorized by this section for the compensation, if any,provided in the petition. Failure of the petition to propose such anordinance, or to propose such improvements, shall not prevent thelegislative body from adopting such an ordinance at any time afterthe petition shall have been filed. If such ordinance is adoptedprior to the adoption of the resolution of intention, whether saidordinance is in response to a proposal made in the petition orotherwise, the resolution of intention, in addition to the othermatters required by the part, shall refer to the ordinance, shallcontain a general description of such city lands and a generaldescription of the improvements, if any, proposed to be made orconstructed thereon, and shall state the amount and manner of paymentof any compensation provided for in said ordinance.35303. If such ordinance is adopted after the hearing on theresolution of intention, said ordinance shall be adopted in themanner provided in this section. If no compensation is to be paid tothe city for such city lands, the legislative body at any time,without further notice and hearing, may adopt such an ordinance. If aproposed ordinance provides for compensation to be paid to the cityfor such city lands, before adopting such proposed ordinance thelegislative body shall adopt a resolution proposing the adoption ofsaid ordinance. Said resolution shall describe the city lands to becovered by the proposed ordinance, shall specify the amount andmanner of payment of the compensation to be paid the city, and shallfix a time and place for hearing objections to the adoption of saidproposed ordinance. The resolution shall be published twice in anewspaper of general circulation printed and published in the city.The first publication shall be at least thirty (30) days prior to thedate of the hearing. In cities where no such newspaper is published,the resolution shall be posted in three public places in theproposed district at least thirty (30) days prior to the date ofhearing. At said hearing the legislative body shall hear and passupon all objections and protests against the adoption of the proposedordinance, and the decisions of the legislative body thereon shallbe final and conclusive. If all protests and objections have beenoverruled and denied, the legislative body may adopt said ordinance.35304. Compensation to be paid the city for said city lands shallbe paid only from contributions which may be made to the city forthat purpose or from revenues theretofore or thereafter derived fromsaid city lands or other lands acquired for the district as parkingplaces. The right of the city to compensation from said revenues maybe made subordinate to the rights of the holders of any bondsthereafter to be issued by the city under this part for the district;provided, however, that if at the time of adoption of the ordinancethere are outstanding bonds issued by the city under this part forthe district, the right of the city to compensation from saidrevenues shall be subordinate to any rights of the holders of suchbonds to such revenues.35305. Whenever an ordinance is adopted pursuant to this section,whether in response to a proposal made in the petition or otherwise,the legislative body may, at the hearing on the resolution ofintention or subsequent thereto, increase, decrease, eliminate,change or otherwise modify the lands to be so held, used and treated,the improvements to be made or constructed thereon, or thecompensation to be paid the city for said city lands, in the samemanner and by the same procedure as provided in this part forincreasing, decreasing, changing or otherwise modifying theacquisitions and improvements to be made, and in that event thelegislative body shall adopt a new ordinance pursuant to this chapterconsistent with such changes and repealing the prior ordinance orshall amend the prior ordinance. No such increase, decrease,elimination, change or other modification shall be made in violationof the provisions of any ordinance, resolution or indenture providingfor bonds already issued.