35700. Notwithstanding any agreement made pursuant to this part, as
a covenant to bondholders or otherwise, to maintain parking meters
on specified public ways in the district, parking meters need not be
maintained:
(a) On any public way which has become a "freeway" or a "state
highway" as defined in Sections 23.5 and 24.
(b) At any time and so long as both (1) the net revenues from the
parking places of the district during each of the two next previous
fiscal years and available for the payment of principal and interest
on the bonds of the district equaled or exceeded one and one-half
times the principal and interest which has or will come due during
the current fiscal year, and (2) the money in the fund to pay
principal and interest on the bonds equals or exceeds all amounts
coming due on principal and interest during the next following 12
months.
(c) At any time and so long as the money in the fund to pay
principal and interest on the bonds of the district equals the total
of the outstanding bonds and interest thereon to maturity.
(d) At any time after the bonds of the district and the interest
thereon have been fully paid.
(e) On a public way, or portion thereof, if the holders of not
less than sixty percent (60%) of the outstanding bonds have agreed in
writing that the maintenance of parking meters on the public way, or
portion thereof, may be discontinued.
35701. Any agreement to maintain parking meters on a public way
shall not affect the right of a city, acting by virtue of its police
power, to control, regulate, or prohibit the parking of vehicles on
any public way, or portion thereof, to the extent necessary to
protect the public safety.
35702. All property acquired pursuant to this part shall be
condemned or acquired in the name of the city, and title to such
property shall be in the city, subject to the provisions of this
part.
35703. In instances where a district is formed under this part in
any charter city, if under the provisions of the charter any power,
jurisdiction, authority or duty cannot be performed or exercised in
the manner, or by the body or officer, prescribed in this part, such
power, jurisdiction, authority or duty shall be performed or
exercised in the manner, or by the body or officer, prescribed by
such charter.
35704. As long as any of the bonds of the district or any interest
thereon remains unpaid, the parking places acquired for the district
shall be used as public parking places unless the legislative body
makes the determination provided in Section 35706.
35705. After the bonds of the district and all interest thereon
have been paid the property shall continue to be used as public
parking places. However, such use may be discontinued as to such
property or any portion thereof if the legislative body, after public
hearing following such notice thereof as the legislative body may
prescribe, determines by a four-fifths vote of all its members that
the public interest and necessity and the needs of the district no
longer require that such property, or such portion thereof, be used
as public parking places. Thereafter the property as to which such
determination is made may be used by the city for any public purpose
or it may be sold as other city property is sold when no longer
needed for a public purpose. If any ad valorem assessment has been
levied upon the real property in the district as provided in this
part, then the proceeds of such sale shall be used to make refund of
such assessments to the then owner of each parcel of real property
which has been so assessed in the proportion which the total
assessments levied upon such parcel bears to the total of all such
assessments, but no refund as to any parcel shall exceed the total
assessments theretofore paid in respect of said parcel, and any
portion of the proceeds remaining after such refunds have been made
shall be placed in the general fund of the city.
35706. As an alternative to the provisions of Section 35705, and to
the extent authorized in the covenants contained in the ordinance,
resolution or indenture providing for the issuance of the bonds, the
use of any of the properties as public parking places may be
discontinued as to such property or any portion thereof if the
legislative body, after public hearing following notice thereof
published pursuant to Section 6061 of the Government Code in one or
more newspapers circulated in the city at least ten (10) days before
said hearing, determines by a four-fifths vote of all its members
that the public interest and necessity and the needs of the district
no longer require that such property, or such portion thereof, be
used as public parking places. Thereafter the property as to which
such determination is made may be used by the city for any public
purpose or may be sold as other city property is sold when no longer
needed for a public purpose. The proceeds of such sale shall be used
as provided in said covenants.
35707. All claims for money or damages against the district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code except as provided therein, or by other statutes or
regulations expressly applicable thereto.
35708. At any time following the formation of a district under this
part and the issuance of the initial issue of bonds, any parcel of
land may be added to the district if the owner of such parcel files
with the legislative body a petition for such inclusion and the
legislative body grants such petition. The legislative body shall not
grant such petition until the petition has been approved by the
parking place commission of the district and until a determination
has been made by the legislative body and approved by the parking
place commission as to the amount, if any, to be paid by such
petitioner as an annexation fee and until the owner of such parcel
has paid to the city such total fee, if any. The amount paid to the
city shall be placed in the fund in which the proceeds of an ad
valorem assessment would be placed. If such petition is granted, such
parcel shall thereafter be entitled to the same rights as those
which apply to other lands in the district and shall be subject to
all ad valorem assessments thereafter levied in the district under
this part.
35700. Notwithstanding any agreement made pursuant to this part, as
a covenant to bondholders or otherwise, to maintain parking meters
on specified public ways in the district, parking meters need not be
maintained:
(a) On any public way which has become a "freeway" or a "state
highway" as defined in Sections 23.5 and 24.
(b) At any time and so long as both (1) the net revenues from the
parking places of the district during each of the two next previous
fiscal years and available for the payment of principal and interest
on the bonds of the district equaled or exceeded one and one-half
times the principal and interest which has or will come due during
the current fiscal year, and (2) the money in the fund to pay
principal and interest on the bonds equals or exceeds all amounts
coming due on principal and interest during the next following 12
months.
(c) At any time and so long as the money in the fund to pay
principal and interest on the bonds of the district equals the total
of the outstanding bonds and interest thereon to maturity.
(d) At any time after the bonds of the district and the interest
thereon have been fully paid.
(e) On a public way, or portion thereof, if the holders of not
less than sixty percent (60%) of the outstanding bonds have agreed in
writing that the maintenance of parking meters on the public way, or
portion thereof, may be discontinued.
35701. Any agreement to maintain parking meters on a public way
shall not affect the right of a city, acting by virtue of its police
power, to control, regulate, or prohibit the parking of vehicles on
any public way, or portion thereof, to the extent necessary to
protect the public safety.
35702. All property acquired pursuant to this part shall be
condemned or acquired in the name of the city, and title to such
property shall be in the city, subject to the provisions of this
part.
35703. In instances where a district is formed under this part in
any charter city, if under the provisions of the charter any power,
jurisdiction, authority or duty cannot be performed or exercised in
the manner, or by the body or officer, prescribed in this part, such
power, jurisdiction, authority or duty shall be performed or
exercised in the manner, or by the body or officer, prescribed by
such charter.
35704. As long as any of the bonds of the district or any interest
thereon remains unpaid, the parking places acquired for the district
shall be used as public parking places unless the legislative body
makes the determination provided in Section 35706.
35705. After the bonds of the district and all interest thereon
have been paid the property shall continue to be used as public
parking places. However, such use may be discontinued as to such
property or any portion thereof if the legislative body, after public
hearing following such notice thereof as the legislative body may
prescribe, determines by a four-fifths vote of all its members that
the public interest and necessity and the needs of the district no
longer require that such property, or such portion thereof, be used
as public parking places. Thereafter the property as to which such
determination is made may be used by the city for any public purpose
or it may be sold as other city property is sold when no longer
needed for a public purpose. If any ad valorem assessment has been
levied upon the real property in the district as provided in this
part, then the proceeds of such sale shall be used to make refund of
such assessments to the then owner of each parcel of real property
which has been so assessed in the proportion which the total
assessments levied upon such parcel bears to the total of all such
assessments, but no refund as to any parcel shall exceed the total
assessments theretofore paid in respect of said parcel, and any
portion of the proceeds remaining after such refunds have been made
shall be placed in the general fund of the city.
35706. As an alternative to the provisions of Section 35705, and to
the extent authorized in the covenants contained in the ordinance,
resolution or indenture providing for the issuance of the bonds, the
use of any of the properties as public parking places may be
discontinued as to such property or any portion thereof if the
legislative body, after public hearing following notice thereof
published pursuant to Section 6061 of the Government Code in one or
more newspapers circulated in the city at least ten (10) days before
said hearing, determines by a four-fifths vote of all its members
that the public interest and necessity and the needs of the district
no longer require that such property, or such portion thereof, be
used as public parking places. Thereafter the property as to which
such determination is made may be used by the city for any public
purpose or may be sold as other city property is sold when no longer
needed for a public purpose. The proceeds of such sale shall be used
as provided in said covenants.
35707. All claims for money or damages against the district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code except as provided therein, or by other statutes or
regulations expressly applicable thereto.
35708. At any time following the formation of a district under this
part and the issuance of the initial issue of bonds, any parcel of
land may be added to the district if the owner of such parcel files
with the legislative body a petition for such inclusion and the
legislative body grants such petition. The legislative body shall not
grant such petition until the petition has been approved by the
parking place commission of the district and until a determination
has been made by the legislative body and approved by the parking
place commission as to the amount, if any, to be paid by such
petitioner as an annexation fee and until the owner of such parcel
has paid to the city such total fee, if any. The amount paid to the
city shall be placed in the fund in which the proceeds of an ad
valorem assessment would be placed. If such petition is granted, such
parcel shall thereafter be entitled to the same rights as those
which apply to other lands in the district and shall be subject to
all ad valorem assessments thereafter levied in the district under
this part.
35700. Notwithstanding any agreement made pursuant to this part, as
a covenant to bondholders or otherwise, to maintain parking meters
on specified public ways in the district, parking meters need not be
maintained:
(a) On any public way which has become a "freeway" or a "state
highway" as defined in Sections 23.5 and 24.
(b) At any time and so long as both (1) the net revenues from the
parking places of the district during each of the two next previous
fiscal years and available for the payment of principal and interest
on the bonds of the district equaled or exceeded one and one-half
times the principal and interest which has or will come due during
the current fiscal year, and (2) the money in the fund to pay
principal and interest on the bonds equals or exceeds all amounts
coming due on principal and interest during the next following 12
months.
(c) At any time and so long as the money in the fund to pay
principal and interest on the bonds of the district equals the total
of the outstanding bonds and interest thereon to maturity.
(d) At any time after the bonds of the district and the interest
thereon have been fully paid.
(e) On a public way, or portion thereof, if the holders of not
less than sixty percent (60%) of the outstanding bonds have agreed in
writing that the maintenance of parking meters on the public way, or
portion thereof, may be discontinued.
35701. Any agreement to maintain parking meters on a public way
shall not affect the right of a city, acting by virtue of its police
power, to control, regulate, or prohibit the parking of vehicles on
any public way, or portion thereof, to the extent necessary to
protect the public safety.
35702. All property acquired pursuant to this part shall be
condemned or acquired in the name of the city, and title to such
property shall be in the city, subject to the provisions of this
part.
35703. In instances where a district is formed under this part in
any charter city, if under the provisions of the charter any power,
jurisdiction, authority or duty cannot be performed or exercised in
the manner, or by the body or officer, prescribed in this part, such
power, jurisdiction, authority or duty shall be performed or
exercised in the manner, or by the body or officer, prescribed by
such charter.
35704. As long as any of the bonds of the district or any interest
thereon remains unpaid, the parking places acquired for the district
shall be used as public parking places unless the legislative body
makes the determination provided in Section 35706.
35705. After the bonds of the district and all interest thereon
have been paid the property shall continue to be used as public
parking places. However, such use may be discontinued as to such
property or any portion thereof if the legislative body, after public
hearing following such notice thereof as the legislative body may
prescribe, determines by a four-fifths vote of all its members that
the public interest and necessity and the needs of the district no
longer require that such property, or such portion thereof, be used
as public parking places. Thereafter the property as to which such
determination is made may be used by the city for any public purpose
or it may be sold as other city property is sold when no longer
needed for a public purpose. If any ad valorem assessment has been
levied upon the real property in the district as provided in this
part, then the proceeds of such sale shall be used to make refund of
such assessments to the then owner of each parcel of real property
which has been so assessed in the proportion which the total
assessments levied upon such parcel bears to the total of all such
assessments, but no refund as to any parcel shall exceed the total
assessments theretofore paid in respect of said parcel, and any
portion of the proceeds remaining after such refunds have been made
shall be placed in the general fund of the city.
35706. As an alternative to the provisions of Section 35705, and to
the extent authorized in the covenants contained in the ordinance,
resolution or indenture providing for the issuance of the bonds, the
use of any of the properties as public parking places may be
discontinued as to such property or any portion thereof if the
legislative body, after public hearing following notice thereof
published pursuant to Section 6061 of the Government Code in one or
more newspapers circulated in the city at least ten (10) days before
said hearing, determines by a four-fifths vote of all its members
that the public interest and necessity and the needs of the district
no longer require that such property, or such portion thereof, be
used as public parking places. Thereafter the property as to which
such determination is made may be used by the city for any public
purpose or may be sold as other city property is sold when no longer
needed for a public purpose. The proceeds of such sale shall be used
as provided in said covenants.
35707. All claims for money or damages against the district are
governed by Part 3 (commencing with Section 900) and Part 4
(commencing with Section 940) of Division 3.6 of Title 1 of the
Government Code except as provided therein, or by other statutes or
regulations expressly applicable thereto.
35708. At any time following the formation of a district under this
part and the issuance of the initial issue of bonds, any parcel of
land may be added to the district if the owner of such parcel files
with the legislative body a petition for such inclusion and the
legislative body grants such petition. The legislative body shall not
grant such petition until the petition has been approved by the
parking place commission of the district and until a determination
has been made by the legislative body and approved by the parking
place commission as to the amount, if any, to be paid by such
petitioner as an annexation fee and until the owner of such parcel
has paid to the city such total fee, if any. The amount paid to the
city shall be placed in the fund in which the proceeds of an ad
valorem assessment would be placed. If such petition is granted, such
parcel shall thereafter be entitled to the same rights as those
which apply to other lands in the district and shall be subject to
all ad valorem assessments thereafter levied in the district under
this part.
