Chapter 4-6

The public interest, convenience, and necessity require and the Council is hereby declared to be and constitute a Parking Authority and to have the powers, jurisdiction, and authority provided by this chapter, and no further declarations for such Parking Authority or Commission shall be required. The Parking Authority shall be and constitute the Parking Place Commission or Parking Authority in lieu of those provided by general law.

(§ 1, Ord. 568 N.C.S.)

4-6.02 Powers of Council.

Where any power provided by this chapter to be exercised by the Parking Authority would constitute an unlawful delegation of legislative powers, such power shall be deemed to have been exercised by the Council. All powers of the Parking Authority shall be exercised in the name of the Council.

(§ 2, Ord. 568 N.C.S.)

4-6.03 General powers and ad valorem assessment for capital improvements.

(a) The whole or any part of the City may be created and operated as a district for the acquisition and improvement of public motor vehicle parking places; on and off-street parking facilities may be installed and maintained; bonds to pay the cost thereof may be issued and paid; the acquisition, improvement, maintenance, operation, and disposal of public parking places may be had; contributions may be made; annual ad valorem assessments may be levied and collected; net revenues from on and off-street parking facilities for the payment of the principal and interest of such bonds and for the cost of maintaining and operating such facilities may be allocated and pledged; covenants and agreements with the bondholders for the security and payment of such bonds may be made; supplemental remedies for the payment of such bonds may be had and taken; and the Parking Authority may have the powers, jurisdiction, and authority all as now or hereafter provided in the Parking District Law of 1951 (referred to as “Act” in this chapter) except as otherwise provided in this chapter. Protests may be presented and heard at the times and in the manner provided in the Act.

(b) Annual ad valorem assessments may be levied against the taxable real property within any district created under this chapter or under the general laws for the purpose of acquiring additional parking places for such district by any, or all, or any combination of the following methods:

(1) By a lump sum payment or by contract of purchase with payments made annually, or otherwise, over a period of years;

(2) By lease; or

(3) Under lease with option to purchase.

(§ 3, Ord. 568 N.C.S., as amended by § 1, Ord. 147 C-M, eff. May 25, 1967)

4-6.04 Public convenience and necessity required: Investigation Act.

Before ordering any acquisitions or improvements, or both, or the creation of any district pursuant to the provisions of this chapter, the Council shall find that the public convenience and necessity require such acquisitions or improvements, or both, in the manner provided in Section 17 of Article XIII of the Constitution of the State.

(a) Preliminary determination of necessity. A resolution of preliminary determination shall be adopted describing in general terms the proposed improvement or acquisition and setting a time and place when and where any and all persons interested may appear and show cause, if any they have, why the Council should not find and determine that the public convenience and necessity require the proposed acquisition or improvement without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931.

(b) Notice and hearing. The resolution shall contain a notice of the time and place of the hearing. A copy of the resolution shall be published in one or more issues of a newspaper published and circulated in the City, and a copy shall be posted on or near the Council Chamber door or on a bulletin board in or adjacent to the City Hall. The posting and publication shall be made at least ten (10) days before the date of the hearing. The resolution may be consolidated with the resolution of intention.

(c) Objections. Any person interested may object to undertaking the proceedings without first complying with the provisions of the Investigation Act.

(d) Final determination of necessity. If no protests are made, or when the protests shall have been heard and overruled, the Council may adopt a resolution finding and determining that the public convenience and necessity require the proposed improvements and/or acquisitions, and that the Investigation Act shall not apply. Such finding may be incorporated in the resolution ordering the improvement and/or acquisition.

(e) Modification. When proceedings are held for a change and modification, the resolution of intention to change and modify shall be deemed a resolution of intention, and the resolution ordering the changes and modifications shall be deemed a resolution ordering the improvement or acquisition as to the changes and modifications.

(f) Jurisdiction. The resolution determining the convenience and necessity shall be adopted by the affirmative vote of four-fifths (4/5) of the members of the Council, and its finding and determination shall be final and conclusive.

(g) Nonapplication. The provisions of this section shall not apply when investigation proceedings have been avoided or taken pursuant to the Investigation Act.

(h) Finality. Where proceedings for any improvements and/or acquisitions, or any part thereof, have been undertaken without compliance with the Investigation Act or without proceedings under this section, proceedings may thereafter be held under this section with reference thereto, and the order of the Council determining the convenience and necessity therein shall he final and conclusive.

(§ 4, Ord. 568 N.C.S., as amended by § 1, Ord. 147 C-M, eff. May 25, 1967)

4-6.05 Chapter provisions controlling.

The provisions of this chapter shall be controlling to the extent that they are in conflict with any of the provisions of the Act.

(§ 5, Ord. 568 N.C.S.)

4-6.06 Chapter provisions nonexclusive.

The provisions of this chapter shall not be exclusive. The Council shall have the power to provide other procedures or to follow parking place or district procedures now or hereafter provided by general law.

(§ 6, Ord. 568 N.C.S.)

4-6.07 City’s volition.

The City may prepare a report, adopt a resolution of intention, and form a parking district without any petition therefor.

(§ 7, Ord. 568 N.C.S.)

4-6.08 Parking places.

It shall not be necessary for the proposed parking lots to be located within the parking district.

(§ 8, Ord. 568 N.C.S.)

4-6.09 Resolution of intention; Proceedings.

The first publication of the resolution of intention and the mailing of copies thereof shall be not later than twenty-five (25) days before the day fixed therein for a hearing. In any proceedings taken, the Council may act by resolution, and the Council may order the bonds issued before contracting or obtaining options for the purchase of the land, property, or rights-of-way to be acquired, or before obtaining a judgment in eminent domain for the acquisition thereof.

(§ 9, Ord. 568 N.C.S.)

4-6.10 Protests.

Any person interested and objecting to the formation of the parking district, the extent thereof, the inclusion of his property therein, the proposed acquisitions and improvements, the issuance of bonds, or to any other proposal in the resolution of intention may file a written protest with the City Clerk at any time prior to the time fixed for the hearing.

(§ 10, Ord. 568 N.C.S.)

4-6.11 Hearing.

The Council shall hear and determine all protests filed at the hearing.

(§ 11, Ord. 568 N.C.S.)

4-6.12 Majority protest.

The Council’s decision on the protests shall be final and conclusive. However, if the owners of taxable real property in the district having an assessed valuation of more than one-half of the assessed valuation of all taxable real property in the district or owning taxable property in the proposed district, constituting not less than fifty-one (51%) per cent of the total area of all taxable land in the district at the conclusion of the hearing have on file and have not withdrawn their written protests objecting to the formation of the district, the Council shall find that a majority protest has been filed, and the proceeding shall be terminated. No further proceedings shall be had or taken pursuant to the resolution of intention.

(§ 12, Ord. 568 N.C.S.)

4-6.13 Abandonment of protests.

Any protest filed may be abandoned and withdrawn by written notice of such abandonment or withdrawal, signed by the person who signed the protest, and filed with the City Clerk at any time prior to the conclusion of the hearing.

(§ 13, Ord. 568 N.C.S.)

4-6.14 Bonds: Payment: Interest.

The bonds shall be serial in character, payable in such amounts on July second of each year as the Council shall determine, the last installment of which shall mature not later than thirty-nine (39) years from the second day of July next succeeding ten (10) months after the date of the bonds. They shall bear interest at not to exceed six (6%) per cent per annum, payable semi-annually, except that the first coupon shall be for interest from the date of the bonds to the January second next succeeding four (4) months from their date.

(§ 14, Ord. 568 N.C.S.)

4-6.15 Issuance and sale.

The bonds may be issued in different divisions with different dates, may be callable as provided in the Act, may be sold at or below par in the manner determined by the Council, and shall state in substance that they are not a general obligation of the City but rather are payable solely from the special ad valorem levies and from net revenues of on and off-street parking facilities pledged therefor.

(§ 15, Ord. 568 N.C.S.)

4-6.16 Bonds payable from ad valorem taxes.

Any bonds issued pursuant to the provisions of this chapter, and the interest thereon, may be payable from annual ad valorem assessments levied upon the real property within the district, and the limitations provided in the Act may not apply. Such bonds may also be payable from net on and off-street parking revenues as provided in this chapter.

(§ 16, Ord. 568 N.C.S.)

4-6.17 Annual statement.

Annually, prior to the time fixed for levying City taxes, the Parking Authority shall prepare and file with the Council a statement of the amount required for any of the purposes set forth in subsection (b) of Section 4-6.03 of this chapter, for the payment of the principal and interest of the bonds, for payment to any reserve funds covenanted to be established, for payment of any other costs which might be or become a charge against the revenue of the on and off-street parking facilities within the district, and for the cost of maintaining and operating such facilities which has or which will become due before the proceeds of the second succeeding annual levy shall become available therefor.

The amount available therefor from any previous annual levy and from the net revenues of the on and off-street parking facilities pledged therefor shall be deducted therefrom, and the balance shall constitute the amount of the special levy.

(§ 17, Ord. 568 N.C.S., as amended by § 1, Ord. 147 C-M, eff. May 25, 1967)

4-6.18 Annual levy.

The Council shall annually, at the time of making the general City tax levy, provide for the levy of an ad valorem assessment upon the taxable real property in the district. In determining the amount of such levy, the Council shall anticipate the amount of any delinquency in such levy.

(§ 18, Ord. 568 N.C.S.)

4-6.19 Levy and collection of assessments.

(a) Such annual assessments shall be levied, collected, and enforced in the same manner, at the same times, and with the same penalties and interest as in the case of City taxes, and, upon default in payment, the property securing such assessments shall be sold in the same manner in which real property in the City is sold for nonpayment of general taxes and shall be subject to redemption within one year from the date of sale, in the same manner as such real property may be redeemed from such delinquent sales and, upon failure of such redemption, shall in like manner pass to the purchaser.

(b) The supplemental security and remedy provisions of Part 13 (commencing at Section 8800) of Division 10 of the Streets and Highways Code of the State shall apply. The provisions of this section are adopted pursuant to Section 43240 of the Government Code of the State.

(§ 19, Ord. 568 N.C.S., as amended by § 1, Ord. 147 C-M, eff. May 25, 1967)

4-6.20 Loans to project improvements.

To expedite the making of any such improvement, the Council may, at any time, transfer into the acquisition and construction fund, out of available funds, such sums as may be deemed necessary and make such acquisitions or improvements, or both, and pay such incidental expenses therefrom as deemed advisable, and such sums so transferred shall constitute a loan to such special fund and shall be repaid from the proceeds of the bonds, ad valorem assessments, or net revenues thereafter issued, levied, or collected.

(§ 20, Ord. 568 N.C.S.)

4-6.21 Contributions by City to project improvements.

The City may, from time to time, make contributions to a project if it shall be determined that the public interest and general welfare shall be served thereby.

(§ 21, Ord. 568 N.C.S.)

4-6.22 Modifications to project improvements and acquisitions.

During the progress of the project, the Council may make changes in the improvements or acquisitions, in the boundaries of the proposed assessment district, in the estimate of costs, in the resolution of intention, or in the proceedings.

Where such changes result in extending the boundaries of the assessment district, increasing the total amount to be collected, increasing improvements or acquisitions, or making substitutions therein, they shall not be ordered except after notice of intention so to do published not less than twenty-five (25) days before the day set for the hearing by one insertion in the newspaper in which the resolution of intention or notice of improvement was published, describing the proposed changes and specifying the time and place of hearing, and after a hearing on such notice. Protests may only be made against the proposed changes. If no protests are made, or protests are found to be insufficient, or have been overruled, immediately thereafter the Council may order such changes. Any proposed change which will result in extending the boundaries of the proposed assessment district shall be subject to the provisions of Section 4-6.27 of this chapter.

(§ 22, Ord. 568 N.C.S.)

4-6.23 Provisions to be construed liberally.

The provisions of this chapter shall be liberally construed in order to effectuate their purpose. No error, informality, omission, or illegality and no neglect or omission of any officer in any procedure taken pursuant to the provisions of this chapter, which does not directly affect the jurisdiction of the Council to order the work or improvement, shall avoid or invalidate such proceedings or any assessment for the cost of any work or acquisition pursuant to the provisions of this chapter. The exclusive remedy of any person affected or aggrieved thereby shall be by appeal to the Council in accordance with the provisions of this chapter.

(§ 23, Ord. 568 N.C.S.)

4-6.24 Decisions to be final.

All decisions and determinations of the Council, upon notice and hearing, shall be final and conclusive upon all persons entitled to appeal as to all errors, informalities, omissions, and irregularities which might have been avoided, or which might have been remedied during the progress of the proceedings or which can be remedied, and as to illegalities not amounting to a want of due process of law.

(§ 24, Ord. 568 N.C.S.)

4-6.25 Effect of publication of resolution of intention.

No bonds issued, and no proceedings for the same, shall be held invalid by any court for error, informality, omission, irregularity, illegality, or other defect in the same when the resolution of intention has been actually published as provided in this chapter.

(§ 25, Ord. 568 N.C.S.)

4-6.26 Re-issuance of bonds for invalidity.

In the event any court of competent jurisdiction shall determine that any bonds issued pursuant to the provisions of this chapter shall be invalid by reason of a want of jurisdiction to issue the same, or if the Council shall determine that such bonds, or any thereof, are uncollectible, the Council shall cause new bonds to be issued upon giving notice thereof by two (2) publications in a local newspaper, the first of which shall be at least ten (10) days before the date set therein for hearing thereon. Such bonds shall be for the amount of the unpaid bonds determined to be invalid or uncollectible and for incidental expenses. The Council’s decision that any original bonds are uncollectible and its decisions on notice and hearing shall be final.

(§ 26, Ord. 568 N.C.S.)

4-6.27 Alteration of district boundaries.

The boundaries of any district may be enlarged from time to time. The territory to be annexed shall be set forth in a resolution of intention to be adopted by the Council, which shall give notice that such matter and all persons interested will be heard by the Council at a time to be stated therein at the regular meeting place of the Council. Such resolution shall be published twice in a newspaper of general circulation published in the City, the first of which shall be at least twenty-five (25) days before the date fixed for the hearing. The hearing may be adjourned from time to time. At the hearing the Council shall have the power to determine whether or not the entire territory, or only a portion thereof, to be annexed will be benefited by being annexed. The Council shall by resolution order the annexation of such territory, defining its boundaries therein. Its decision thereon shall be final and conclusive. Thereafter the property annexed shall be subject to special levies for maintenance and operation and for any ad valorem bonds issued for the acquisition or construction of such improvements. The majority protest provisions of Section 4-6.12 of this chapter shall apply. Written protests objecting to the annexation made by owners of real property proposed to be added by the change and filed not later than the time fixed for hearing objections to such change shall be counted in computing a majority protest as provided in Section 4-6.12 of this chapter.

(§ 27, Ord. 568 N.C.S.)

4-6.28 Incidental uses of property.

As an incident to the operation of any parking facility, the Council may devote a portion of the property acquired to incidental uses, such as a bus terminal, gasoline service station, helicopter landing area, or any other commercial use, when in its judgment it is convenient or necessary to conduct or permit such use in order to utilize properly the property as a parking facility. Any such incidental use shall be secondary to the primary use as a parking facility, and the portion of the land devoted to the incidental use shall not exceed twenty-five (25%) percent of the surface area of the property. If a building is erected on the property for the purpose of parking motor vehicles, the incidental use of the building shall not occupy more than twenty-five (25%) percent of the floor space.

(§ 28, Ord. 568 N.C.S.)

4-6.29 Zones.

If, in the judgment of the Council, varying benefits will be derived by the different parcels of land lying within the assessment district, the district may be divided into zones according to benefits:

(a) Number. The district may be divided into as many zones (up to the total number of parcels of land in the district) as may be deemed necessary, and each zone shall be composed of and include all the lands within the district which will be benefited in like manner.

(b) Percentage. The Council shall also determine the percentage of the sum to be raised each year by the levy and collection of the special assessment taxes in the district for the payments on the principal and interest of the bonds which will be raised from the lands in each zone.

As an alternative, the Council may determine the percentage of assessed valuation of taxable real property within each zone which shall be used in computing the annual rate of ad valorem assessment within the district and to which such annual rate shall be applied.

(c) Resolution of intention. When the district is divided into such zones, the resolution of intention shall so state, giving such percentages to be raised from the lands in each zone.

(d) Designation. Each zone shall be designated by a different letter or number and shall be plainly shown on the map or plat of the assessment district filed in the office of the City Clerk, and referred to in the resolution of intention, either by separate boundaries, coloring, or other convenient and graphic method, so that all persons interested may with accuracy ascertain within which zone any parcel of land is located.

(e) Plat. It shall be sufficient in all cases where the assessment district is to be divided into such zones according to benefits if the resolution of intention states that fact and refers to the plat or map for the boundaries and all details concerning the zones.

(f) Changes in boundaries at hearing. At the hearing the Council may eliminate, create, or alter the boundaries of proposed zones in the manner provided for the alteration of the boundaries of the proposed district.

(g) Subsequent changes in boundaries. If the Council shall from time to time determine that the public interest will be served thereby, it may from time to time add property to a zone or transfer property from a zone of lesser benefit to a zone of greater benefit in the manner provided for enlarging the district.

(§ 29, Ord. 568 N.C.S., as amended by § 1, Ord. 147 C-M, eff. May 25, 1967)

4-6.30 Removal of meters.

The Council may order the removal of any or all parking meters from any or all parking facilities financed pursuant to the provisions of this chapter. Before doing so, the Council shall adopt a resolution fixing the time and place of a hearing on the question of removing such meters, which resolution shall specifically identify the parking lots from which it is proposed such meters be removed and the number of meters to be removed, and shall give notice of the time and place for such hearing, at which all persons interested will be heard. The time and place of such hearing shall be stated in such resolution.

Such resolution shall also give notice of the effect which the removal of such meters will have on the rate of ad valorem assessment against taxable real property in such parking district because of the absence or reduction of net revenues from such parking meters to be applied towards the payment of principal and interest on any bonds issued to finance such facilities. Such resolution shall also give notice that the Council will consider and determine at such hearing the question of the effect which the removal of such meters will have on the economy of the parking district, with particular reference to the ability of the district to make payments on the principal and interest on any bonds issued to finance such facilities.