Chapter 2.50
PARKING COMMISSION
Sections:
2.50.030 Ownership, control and use of parking facilities.
2.50.060 Membership—Compensation.
2.50.070 Membership—Appointment—Term—Removal.
2.50.080 Chairman—Rules—Resolutions.
2.50.090 Powers and authority.
2.50.100 New off-street parking facilities—Powers of parking commission and city council.
2.50.010 Purpose.
The purpose of this chapter is to establish a parking commission in accordance with the authority granted under RCW 35.86A and to grant authority to the commission to acquire, establish and maintain public off-street parking facilities, the use of the property for such purposes to be declared for a public use, and to grant to the commission the control of said property and facilities and to conform to said RCW 35.86A and any amendments hereafter. (Ord. 841 § 1, 1977)
2.50.020 Definitions.
In this chapter, unless a different meaning is clearly defined the following words and phrases shall have the meanings respectively ascribed to them:
A. “City council” means the city council or legislative authority of the municipality.
B. “Mayor” means the chief executive officer of the municipality.
C. “Parking commission” means the department or agency created by the legislative authority of the municipality as provided in this chapter.
D. “Parking facilities” means lots, garages, parking terminals, buildings and structures and accommodations for parking of motor vehicles off the street or highway, open to public use, with or without charge. (Ord. 841 § 2, 1977)
2.50.030 Ownership, control and use of parking facilities.
Parking facilities established pursuant to this chapter shall be owned by the city, under the control of the parking commission (unless relinquished), and for the use of the public. (Ord. 841 § 3, 1977)
2.50.040 Creation authorized.
A parking commission is created, authorized and established. (Ord. 841 § 4(A), 1977)
2.50.050 Purpose.
The purpose of the parking commission is to establish and operate off-street parking facilities. (Ord. 841 § 4(B), 1977)
2.50.060 Membership—Compensation.
The parking commission shall consist of five members appointed by the mayor and confirmed by the city council, who shall serve without compensation but may be reimbursed for necessary expenses. One member shall be selected from among persons actively engaged in the private parking business, if available. (Ord. 841 § 4(C), 1977)
2.50.070 Membership—Appointment—Term—Removal.
Three members first appointed shall be for one, two and three years respectively, and two shall be designated to serve four years. The terms of all subsequently appointed members shall be four years. In the event of any vacancy, the mayor, subject to confirmation of the city council, shall make appointments to fill the unexpired portion of the term.
A member may be reappointed and shall hold office until his successor has been appointed and has qualified. Members may be removed by the mayor upon consent of the city council. (Ord. 841 § 4(D), 1977)
2.50.080 Chairman—Rules—Resolutions.
The parking commission shall select from its members a chairman, and may establish its own rules, regulations and procedures not inconsistent with this chapter. No resolution shall be adopted by the parking commission except upon the concurrence of at least three members. (Ord. 841 § 4(E), 1977)
2.50.090 Powers and authority.
The parking commission shall have the authority to:
A. Own and acquire property and property rights by purchase, gift, devise, or lease for the construction, maintenance, or operation of off-street parking facilities, or for effectuating the purpose of this chapter; and accept grants-in-aid, including compliance with conditions attached thereto;
B. Construct, maintain and operate parking facilities, and undertake research, and prepare plans incidental thereto subject to applicable statutes and charter provisions for municipal purchases, expenditures, and improvements; provided, that the provisions of RCW Chapter 35.86 as now or hereafter amended shall not apply to such construction, operation or maintenance;
C. Establish and collect parking fees, make exemption for handicapped persons, lease space for commercial, store, advertising or automobile accessory purposes, and regulate prices and service charges for use of and within and the aerial space over parking facilities under its control;
D. Subject to applicable city civil service provisions, provide for the appointment, removal and control of officers and employees, and prescribe their duties and compensation, and to control all equipment and property under the commission’s jurisdiction;
E. Contract with private persons and organizations for the management and/or operation of parking facilities under its control and services related thereto, including leasing of such facilities or portions thereof;
F. Cause construction of parking facilities as a condition of an operating agreement or lease, derived through competitive bidding, or in the manner authorized by RCW Chapter 35.42;
G. Execute and accept instruments, including deeds, necessary or convenient for the carrying on of its business; acquire rights to develop parking facilities over or under city property; and to contract to operate and manage parking facilities under the jurisdiction of other city departments or divisions and of other public bodies;
H. Determine the need for and recommend to the city council the following:
1. The establishment of local improvement districts to pay the cost of parking facilities or any part thereof,
2. The issuance of bonds or other financing by the city for construction of parking facilities,
3. The acquisition of property and property rights by condemnation from the public, or in street areas;
I. Transfer its control of property to the city and liquidate its affairs, so long as such transfer does not contravene any covenant or agreement made with the holders of bonds or other creditors; and
J. Require payment of the excise tax herein provided. The city shall not have any power to regulate parking facilities not owned by the city. Parking fees for parking facilities under the control of the parking commission shall be maintained commensurate with and neither higher nor lower than prevailing rates for parking charged by commercial operators in the general area. (Ord. 841 § 4(F), 1977)
2.50.100 New off-street parking facilities—Powers of parking commission and city council.
A. Whenever the parking commission intends to construct new off-street parking facilities it shall do the following:
1. Prepare plans for such proposed development, which shall meet the approval of the planning commission, other appropriate city planning agency, or city council;
2. Prepare a report to the city council stating the proposed method of financing and property acquisition;
3. Specify the property rights, if any, to be secured from the public or of property devoted to public use; the uses of streets necessary therefor, or realignment or vacation of streets and alleys; the relocation of street utilities; and any street area to be occupied or closed during construction.
B. In the event the proposed parking facility shall require the following:
1. Creation of a local improvement district;
2. Issuance of bonds, allocation or appropriation of municipal revenues from other sources, or guarantees of or use of the credit of the municipality;
3. Exercise of the power of eminent domain; or
4. Use of, or vacation, realignment of streets and alleys, or relocation of municipal utilities;
One or more public hearings shall be held thereon before the city council, or an assigned committee thereof, which shall report its recommendations to be approved, revised, or rejected by the city council. Such hearings may be consolidated with any required hearings for street vacations, or creation of a local improvement district. Pursuant to such hearing, the city council may:
1. Create a local improvement district to finance all or part of the parking facility, in accordance with RCW Title 35, as now existing or hereinafter amended; provided, however, that assessments against property within the district may be measured per lot, per square foot, by property valuation, or any other method as fairly reflects the special benefits derived therefrom, and credit in calculating the assessment may be allowed for property rights or services performed;
2. Provide for issuance of revenue bonds payable from revenues of the proposed parking facility, from other off-street parking facilities, on-street meter collections, or allocations of other sources of funds; issue general obligation bonds; make reimbursable or nonrefundable appropriations from the general funds or reserves, and/or guarantee bonds issued or otherwise pledge the city’s credit, all in such combination and under such terms and conditions as the city council shall specify;
3. Authorize acquisition of the necessary property and property rights by eminent domain proceedings, in the manner authorized by law for cities in RCW Title 8; provided, that the city council shall first determine that the proposed parking facility will promote the circulation of traffic or the more convenient or efficient use by the public of streets or public facilities in the immediate area than would exist if the proposed parking facility were not provided, or that the parking facility otherwise enhances the public health, safety and welfare; and
4. Authorize and execute the necessary transfer or control of property rights; vacate or realign streets and alleys or permit uses within the same; and direct relocation of street utilities.
In the event none of the four powers set forth in subparagraphs (1) through (4) of subsection B need be exercised, the city council’s approval of construction plans shall be deemed full authority to construct and complete the parking facility. (Ord. 841 § 4(G), 1977)