35300-35305

STREETS AND HIGHWAYS CODE
SECTION 35300-35305




35300.  As used in this chapter, the term "city lands" means lands
already owned by the city which are located within the boundaries of
an existing or proposed district and which are either being used for
the purpose of public off-street parking or are not needed by the
city for any other purpose and are available for such use.




35301.  The legislative body, at any time after the filing of a
petition for the formation of such district, may by ordinance declare
and agree that city lands shall for all purposes of said district be
held, used and treated in all respects the same as parking places
acquired with the proceeds of bonds issued under this part. Such
ordinance shall not become effective until said district shall have
been formed and bonds shall have been issued for such district, as
provided in this part. If such ordinance is adopted and becomes
effective, such city lands shall be so held, used and treated and,
without limiting the generality of the foregoing, the revenues from
the operation of off-street parking facilities thereon may be pledged
and used for the same purposes as those for which revenues from
parking facilities acquired or improved with proceeds of such bonds
may be pledged and used. The ordinance shall describe the city lands
to be so held, used and treated and shall state the amount of
compensation, if any, to be paid the city therefor and the manner in
which said compensation is to be paid.



35302.  The petition for the formation of the district under this
part may propose that the legislative body shall adopt such an
ordinance with respect to any city lands, and may propose
improvements to be made or constructed thereon and shall state the
amount of compensation, if any, to be paid to the city therefor and
the manner in which compensation is to be paid. In the event that the
petition proposes that the legislative body adopt such an ordinance
with respect to any such city lands, the legislative body either
shall reject the petition or, prior to the adoption of the resolution
of intention, shall adopt with respect to such city lands the
ordinance authorized by this section for the compensation, if any,
provided in the petition. Failure of the petition to propose such an
ordinance, or to propose such improvements, shall not prevent the
legislative body from adopting such an ordinance at any time after
the petition shall have been filed. If such ordinance is adopted
prior to the adoption of the resolution of intention, whether said
ordinance is in response to a proposal made in the petition or
otherwise, the resolution of intention, in addition to the other
matters required by the part, shall refer to the ordinance, shall
contain a general description of such city lands and a general
description of the improvements, if any, proposed to be made or
constructed thereon, and shall state the amount and manner of payment
of any compensation provided for in said ordinance.



35303.  If such ordinance is adopted after the hearing on the
resolution of intention, said ordinance shall be adopted in the
manner provided in this section. If no compensation is to be paid to
the city for such city lands, the legislative body at any time,
without further notice and hearing, may adopt such an ordinance. If a
proposed ordinance provides for compensation to be paid to the city
for such city lands, before adopting such proposed ordinance the
legislative body shall adopt a resolution proposing the adoption of
said ordinance. Said resolution shall describe the city lands to be
covered by the proposed ordinance, shall specify the amount and
manner of payment of the compensation to be paid the city, and shall
fix a time and place for hearing objections to the adoption of said
proposed ordinance. The resolution shall be published twice in a
newspaper of general circulation printed and published in the city.
The first publication shall be at least thirty (30) days prior to the
date of the hearing. In cities where no such newspaper is published,
the resolution shall be posted in three public places in the
proposed district at least thirty (30) days prior to the date of
hearing. At said hearing the legislative body shall hear and pass
upon all objections and protests against the adoption of the proposed
ordinance, and the decisions of the legislative body thereon shall
be final and conclusive. If all protests and objections have been
overruled and denied, the legislative body may adopt said ordinance.




35304.  Compensation to be paid the city for said city lands shall
be paid only from contributions which may be made to the city for
that purpose or from revenues theretofore or thereafter derived from
said city lands or other lands acquired for the district as parking
places. The right of the city to compensation from said revenues may
be made subordinate to the rights of the holders of any bonds
thereafter to be issued by the city under this part for the district;
provided, however, that if at the time of adoption of the ordinance
there are outstanding bonds issued by the city under this part for
the district, the right of the city to compensation from said
revenues shall be subordinate to any rights of the holders of such
bonds 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 of
intention 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 the
compensation to be paid the city for said city lands, in the same
manner and by the same procedure as provided in this part for
increasing, decreasing, changing or otherwise modifying the
acquisitions and improvements to be made, and in that event the
legislative body shall adopt a new ordinance pursuant to this chapter
consistent with such changes and repealing the prior ordinance or
shall amend the prior ordinance. No such increase, decrease,
elimination, change or other modification shall be made in violation
of the provisions of any ordinance, resolution or indenture providing
for bonds already issued.