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HomeMy Public PortalAboutOrdinance 65-159ORDINANCE NO. 65-159 AN ORDINANCE OF THE CITY OF TEMPLE CITY ADDING A NEW CHAPTER 3 TO ARTICLE VII OF THE TEMPLE CITY MUNICIPAL CODE ESTABLISH - ING A PARKING COMMISSION. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES QRD /IN: SECTION 1. A new Chapter 3, reading as follows, is hereby added to Article VII of the Temple City Municipal Code, Chapter 3, Parking Commission: 7300. Creation. There is hereby established a Parking Commission. 7301. Number and Qualification. The Commission shall consist of five members, each of whom shall be a resident and qualified elector of the City of Temple City. 7302. Compensation. Members of the Commission shall serve without compensation. 7303. Appointment. Members of the Commission shall be appointed by the Mayor, subject to confirmation by the City Council. 7304. Term of Office. The Commissioners shall hold office for the term of four years from the date of their appointment . and qualification and until their successors are appointed and qualified, except that members of the first board appoint- ed shall classify themselves by lot so .that one member holds office for one year, one for two years, one for three years and two for four years, and, in each instance, until a suc- cessor has been appointed and qualified. 7305. Removal. A commissioner may be removed at any time by affirmative vote of three members of the City Council. 7306. Experience. Commissioners shall be persons of business experience and ability, to the end that the affairs of the district shall be administered in the interests of the district. 7307. Conflict of Interest. A commissioner may be an owner or lessee of property, or an officer, employee, or agent of a corporation owning or leasing property within one of the districts, or any other qualified person, but each commissioner shall have the qualifications specified in Section 7301. 7308. Forced Removal. Whenever a petition, signed by the owners of more than one-half of the area of assessable land within all of the districts, requesting the removal of a commissioner, is filed with the City Council, it shall im- mediately remove him and appoint a new commissioner. The commissioner removed is ineligible to hold office as a com- missioner for one year following his removal. 7309. Supervision. Subject to the provisions of this Article, the Commission shall have possession and complete charge, supervision and control of all parking places: (a) Acquired, constructed, and paid for, or to be paid for, by taxes upon land or real property or assessments upon land in the districts heretofore created and any other district hereafter created, pursuant to the Vehicle Parking Law of 1943. 474 Ordinance No. 65 -159, page 2 (b) Acquired or constructed for the use of benefit of such districts and paid for in any other manner. 7310. Regulations. As directed by the City Council, the Commission shall operate, manage, and control such park- ing places and make and enforce all necessary regulations for their use. 7311. Charges. The Commission shall fix, regulate, and collect rentals, fees, or charges for the parking of vehicles in parking places under its control, and may provide different rates for different classes of customers or users. 7312. Preferential Rates. The providing of adequate public parking places in cities largely depends upon the forma- tion of local vehicle parking districts. Such districts will be created and will be successful only if so operated as to serve adequately the property within such districts. It is the intent of this part that the owners of real property in a vehicle parking district to provide parking places to-solve the parking problems of the district, may receive preferential rates, charges, or rentals for themselves, their tenants, and the classes of persons who call upon or do business with them, all to the end that the property which bears the burden and provides a solution for the parking problem shall receive a special benefit. 7313. Restrictions. All parking places acquired and constructed pursuant to the Vehicle Parking District Act of 1943 are public parking places, but the Commission may re- strict or partially restrict their use to owners and tenants of real property in the district, and classes of persons de- signated by such owners or their tenants, and may establish rates, charges, or rentals for the owners and tenants of such properties and classes of persons designated by the owners or tenants which differ from and are less than the rates, charges, or rentals charged other persons. 7314. Hearings. Rentals, fees, and charges shall be fixed after public hearing following such notice as the Com- mission prescribes. 7315. Free Spaces. The Commission may, if it so desires, operate the parking places, or any thereof, as free public parking places without fee or charge. 7316. Leases. In the exercise of its power to operate, manage, and control parking places, the Commission may, sub- ject to prior Council approval, lease any or all parking places to any person for the sole purpose of the operation of public parking facilities on them by such person, or may grant a franchise or make a contract with any person for such purpose. (a) Rentals. The consideration to be paid by the operator for any lease or franchise or under any contract may be a fixed sum or a percentage of gross rentals, fees, or charges collected by the operator, or any other consideration. (b) Determination of Rent. The maximum rentals, fees, and charges to be collected by the operator shall be fixed by the Commission after public hearing follow- ing such notice as the Commission prescribes, and shall be recited in the lease or franchise. No higher rentals, fees or charges shall be collected by the operator with- out amendment of the lease or franchise agreed to by the Commission after like public hearing. 475 Ordinance No. 65-159, page 3 (c) Limited Operations. An operator shall not conduct any business other than that of the operation of public parking facilities on any parking place of the district. (d) Lease Terms. Any lease or franchise may pro- vide that the use of the parking places shall be re- stricted, or partially restricted, to owners and tenants of real property in the district, and classes of persons designated by them, and may provide for maximum rates, charges, or rentals for such persons which differ from and are less than the maximum rates, charges, or rent - als for such persons which differ from and are less than maximum rates, charges, or rentals charged other persons. 7317. Reservations. To provide revenues for the dis- trict, the Commission may enter into a contract or lease with any owner or tenant of property in the district under which the owner or tenant, for a specified rental or other consid- eration and for a specified period not exceeding 2 years, reserves a reasonable proportion or number of parking spaces in a parking place of the district for the use of the owner or tenant of such property, the employees of the owner or tenant performing services on the property, and the custom- ers of, or other classes of persons designated by, the owner or tenant and entering the property as invitees or otherwise. 7318. Further Improvements. After the improvements to be made under the initial proceeding inaugurated by pe- tition have been completed, any further improvement of any parking place shall be made by the Commission. 7319. Quorum and Vote. Except as otherwise set forth in this part, three members shall constitute a quorum and all matters shall be determined by affirmative vote of at least three members. 7320. Meetings. Regular meetings shall be held at the Council Chambers or North Meeting Room at 3:00 P.M. on the 2nd 'Wednesday of April, August and December. Special meet- ings may be called as set forth in Section 54950 et seq. of the California Government Code. SECTION 2. The City Clerk shall certify and attest to the adoption of this Ordinance and shall cause the same to be pub- lished once in the Temple City Times, a semi- weekly newspaper, published and circulated in the City of Temple City. PASSED, APPROVED AND ADOPTED this 18th day of May , 1965. ATTEST: y Clerk Mayor of the City of Temple City, California 476 1 1 1 Ordinance Mo. 65 -1 59 STATE OF CALIFORNIA ) COUNTY OF LOSANGELES ) CITY OF TEMPLE CITY ) I, WILLIAM WOOLLETT, JR,, City Clerk of the City of Temple City, do hereby certify that the foregoing Ordinance, beirg Ordinance i'yo. 65 -159 , was introduced at a regular meeting of the City Council of the City of Temple City, held on the 4th day of May , 1965, and was duly passed, approved a,d signed by the Mayor and attested by the Cjx.y+ Clerk h at a regular meeting of said City Council held on the day of May , 1965, by the following vote of ache Council: AYES: Councilmen- Dickason, Merritt, Nunamaker, Tyrell, Harker NOES: Councilmen -None ABSENT: Councilmen. -None RR City Clerk of t l=ie City of Temple City, California 477