When this Charter takes effect.
Section 167. For the purpose of nominating and electing candidates for Mayor and Councilmen, in accordance with this Charter, this Charter shall take effect from the time of the approval of the same by the Legislature, and for all other purposes it shall take effect on the first Monday in June, A.D., 1915, at twelve o'clock noon.
Existing ordinances continued in force.
Section 168. All ordinances, resolutions and regulations in force at the time that this Charter takes effect, and not inconsistent with the provisions thereof, are hereby continued in force until the same shall be amended or repealed.
Terms of incumbents in office.
Section 169. The Mayor and the five members of the City Council, in office at the time of the approval of this Charter, by the Legislature, shall continue to hold office and discharge their duties until the first Monday in June, A.D. 1915, at twelve o'clock noon, and until the election and qualification of the Mayor and Councilmen elected under this Charter, and each public Library Trustee shall continue to hold office until the expiration of his term and the appointment and qualification of his successor. The term of each of the other officers in office at the time this Charter takes effect shall cease and terminate when the City Council elected hereunder shall by resolution so declare, but the powers and duties of their office shall be such as shall be prescribed in this Charter, or by ordinance passed pursuant thereto.
Violations of Charter and ordinances.
Section 170. The City Council shall prescribe fines, forfeitures and penalties for the violations of any of the provisions of this Charter, or of any ordinance of the City, which violations shall be deemed infractions or misdemean¬ors, and the same may be prosecuted by the authorities of the City of Napa in the name of the people of the State of California, and may be redressed by civil action at the option of the City authorities. Any prisoner sentenced to imprisonment for the violation of the provisions of this Charter or of any ordinance may be imprisoned in the City jail, or, if the City Council by ordinance shall so prescribe, in the County Jail of the County in which the City of Napa is situated, in which case the expenses of such imprisonment shall be a charge in favor of said County against the City of Napa. (Amended March 4, 1997.)
Off-street parking revenue bonds.
Section 171. General Authority. The City of Napa, in addition to all other powers elsewhere enumerated in this Charter or granted to it by the Constitution or laws of the State of California, shall have power to acquire (whether by purchase, lease, eminent domain or otherwise), construct, establish, improve, extend, maintain, operate, administer, lease and sublease off-street vehicular parking facilities and places within the City of Napa, including any and all public parking lots, garages or other automotive parking facilities, in order to relieve traffic congestion and promote the welfare of the citizens and inhabitants of said City, and, for the payment of the cost thereof, to issue bonds payable from the revenues of any or all such off-street vehicular parking facilities and from other revenues, all as hereinafter provided in this Section 171. The provisions of this Section 171 (comprising Subsections 171.1 to 171.12, inclusive) constitute full and complete authority for the issuance of revenue bonds as herein provided by the City Council of the City of Napa and no other procedure or proceedings, consents, approvals, orders or permission from any municipal officer or board of the City of Napa shall be required for the acquisition, construction or completion of any project, or the issuance of any revenue bonds under this Section 171, except only as specifically provided in this Section 171. The powers and authorities conferred by this Section 171 are in addition to and supplemental to all other powers and authorities conferred upon the City of Napa. The method provided in this section for the acquisition, construction and completion of projects and the issuance of revenue bonds shall be deemed an additional method for acquiring, constructing and completing such projects and providing funds therefor; provided that the City of Napa may in its discretion acquire, construct or complete off-street vehicular parking facilities and issue general obligation bonds of the City of Napa therefor, subject, however, to the condition that the City of Napa shall not, while any revenue bonds authorized by this Section 171 are issued and outstanding, acquire, construct or complete any off-street vehicular parking facilities, other than those specifically described in a resolution of issue pursuant to the provisions of this Section 171 which compete with any project acquired, constructed, operated or maintained through the issuance of such outstanding revenue bonds by the City Council.
Subsection 171.1. Definitions. The following terms whenever used or referred to in this Section 171, or in any resolution of issue, shall have the following meanings, respectively, unless a different meaning appears from the context, viz:
(a) Bonds. The term “bonds” or “revenue bonds” means the written evidence of any obligation issued by the City, payment of which is secured by a pledge of revenues or any part of revenues, as provided in this Section 171, in order to obtain funds with which to carry out any of the purposes of this section, irrespective of the form of such obligation.
(b) Project. The term “project” means any one or more off-street vehicular parking facilities which is designated by the City as a project in a resolution of issue.
(c) Existing Off-Street Parking Facilities. The term “existing off-street parking facilities” means and includes any off-street vehicular parking facilities now or hereafter owned by the City and operated or controlled by the City at the time of adoption of a resolution of issue and not theretofore designated by the City as a project in a resolution of issue and not acquired, constructed, established, improved, extended, maintained or operated, in whole or in part, from the proceeds of sale of any revenue bonds issued under this Section 171.
(d) Revenues. The term “revenues” means and includes any and all rates, fees and other charges received or receivable in connection with, and any and all income and receipts of whatever kind and character derived by the City from, the operation of a project, or arising from a project, including any such revenues as may have been or may be impounded or deposited in any fund created for the security or further protection of revenue bonds or for the purpose of providing for the payment of the principal thereof or the interest thereon. The term “revenues” also includes (a) net revenues from on-street parking meters within the City at any time owned or controlled by the City, and (b) net revenues of any existing off-street parking facilities to the extent that net revenues from either or both of said sources shall be pledged, or otherwise made available, for the payment of principal and interest of revenue bonds and the operation and maintenance costs of any project or as security or further protection for bonds by a resolution of issue.
(e) Net Revenues. The term "net revenues" when used with reference to on-street parking meters within the City means and includes the gross revenues collected by the City during any fiscal year from the establishment and operation of such on-street parking meters after deducting therefrom the actual necessary costs and expenses of (a) the acquisition, installation, maintenance and replacement of such parking meters, (b) the collection of revenues therefrom, and (c) enforcement of all parking meter ordinances and regulations, all calculated on sound accounting principles, but without any allowance for depreciation or obsolescence. The term “net revenues,” when used with reference to any existing off-street parking facilities, means and includes the gross revenues collected by the City during any fiscal year from the establishment and operation of such existing off-street parking facilities after deducting therefrom all taxes and payments in lieu of taxes payable with respect to such facilities and the actual necessary expenses of maintaining and operating such facilities, calculated on sound accounting principles, but without any allowance for depreciation or obsoles¬cence.
(f) Resolution of Issue. The term “resolution of issue” means any agreement entered into by the City Council, including any resolution adopted by the City Council, pursuant to which revenue bonds are issued; and includes any agreement entered into or resolution adopted by the City Council amending, modifying or supplementing a resolution of issue irrespective of the form thereof.
Subsection 171.2. Powers. Without limiting the generality of Section 171, the City Council of the City of Napa shall have the following powers, viz.:
(a) Acquisition of Properties. To acquire by grant, purchase, gift, devise, lease or by the exercise of right of eminent domain and to hold, use, sell, lease, sublease or dispose of any real or personal property or any interest in any thereof, including rights-of-way, necessary or appropriate for the full exercise, or convenient or useful for the carrying on, of any of its powers pursuant to this Section 171.
(b) Street Improvements. To acquire any lands, property or rights-of-way necessary or convenient for the opening, widening, straightening and extending of streets or alleys necessary or convenient for the ingress to or egress from any project.
(c) Improvements. To improve any lands so acquired by the construction thereon of garages or other buildings or improvements necessary or convenient for any project.
(d) Administration. To construct, establish, improve, extend, maintain, operate, administer, lease and sublease any project.
(e) Fees and Charges. To fix rates, fees or charges for the use of the facilities provided by any project, or for any services rendered in connection therewith, and to alter, change or modify the same at its pleasure; and, by a resolution of issue or otherwise, to enter into covenants to increase rates, fees or charges from time to time; provided, however, that any person shall be permitted to use or operate any facilities provided by any project only upon payment of the regularly established charge therefor, except as may be otherwise specifically provided in a resolution of issue. All rates, fees and charges shall be paid only in such coin or currency as on the date of payment is legal tender for public and private debts, or in scrip or tokens issued only upon payment of the face value thereof in such coin or currency.
(f) Revenue Bonds. To issue revenue bonds in order to raise funds for the purpose of acquiring, construct¬ing and establishing any project or of acquiring lands for any project or of acquiring, constructing, completing, improving, extending, maintaining, operating or administering any project, or of refinancing any project, or for any combination of such purposes, which bonds may be secured as hereinafter provided.
(g) Agreements. To make contracts, leases, subleases and agreements relative to the acquisition, operation or maintenance of any project or any part of any project with any person, private corporation or public corporation, political subdivision, city, county, district, the State of California, or the United States of America, or any department or agency of any thereof.
(h) Leases. To rent or lease for commercial purposes space in any project which in the opinion of the City Council is not and will not during the term of such lease, be required for off-street vehicular parking facilities, provided that the aggregate of all such space so rented or leased at any one time in any project shall not exceed twenty percent of the surface area of such project and that the term of any such rental or lease shall not exceed a period of five years from its date.
(i) Regulations. To adopt such rules and regulations as may be necessary regarding the operation and maintenance of any project and to enable the City to exercise the powers and perform the duties conferred or imposed by this Section 171.
(j) General Authority. To do any and all acts or things necessary or appropriate to carry out the purposes of this Section 171 and the provisions, covenants and agreements contained in any resolution of issue adopted pursuant to the authority conferred by this Section 171, provided that nothing in this Section 171 contained shall be construed directly or by implication to be in any way in derogation or in limitation of any powers conferred upon or existing in the City by virtue of the provisions of the Constitution or laws of the State of California or any other provision of this Charter. All powers herein granted are subject to all contractual obligations which may be entered into by the City with the holders of revenue bonds issued hereunder.
Subsection 171.3. Pledge of Net Parking Meter Revenues. In addition to all other powers elsewhere enumerated in this section, the City Council shall have power to pledge, place a charge upon or otherwise make available and authorize payment of all or any part of the net revenues collected by the City from the establishment and operation of (a) on-street parking meters within the City now owned or controlled or hereafter acquired or controlled by the City, and (b) existing off-street parking facilities, for such periods of years as shall be determined by the City Council, for the payment of operation and maintenance costs of any one or more projects authorized by this Section 171 or as security or further protection for the payment of principal of and interest on bonds issued pursuant to this Section 171.
Subsection 171.4. Issues of Revenue Bonds; Series and Divisions. The City Council may provide for one or several issues of revenue bonds and may issue bonds in series or may divide any issue into one or more series or divisions and fix different maturities or dates for each series or division, different rates of interest or different terms and conditions for the bonds of the several series or divisions. It is not necessary that all bonds of the same authorized issue be of the same kind or character, have the same security or be of the same interest rate, but the terms thereof shall, in each case, be provided for by the City Council by a resolution of issue at the time of or prior to the issue thereof.
Subsection 171.5. Authorization of Revenue Bonds. Each issue of revenue bonds shall be authorized by the City Council by a resolution of issue adopted by affirmative votes of at least three members of the City Council at any duly assembled meeting which may be a regular, adjourned regular, or a special meeting. A resolution of issue shall provide for the aggregate principal amount, date or dates, maturities, interest rates, denominations and form of revenue bonds and may provide for the registration, transfer and interchange of any revenue bonds and coupons issued pursuant to this Section 171 and shall prescribe the purpose or purposes for which said revenue bonds are to be issued and the terms and conditions on which said revenue bonds are to be executed, issued, secured, sold and paid and, if desired, the terms and conditions on which said revenue bonds may be redeemed prior to maturity or refunded.
Subsection 171.6. Provisions Relating to Bonds. The following provisions shall apply to (a) all revenue bonds issued pursuant to this Section 171, and (b) each resolution of issue relating to the revenue bonds thereby authorized.
(a) Date of Bonds. Bonds shall bear dates prescribed by the resolutions of issue.
(b) Maturity. Bonds may be serial bonds or sinking fund bonds or a combination thereof, with such maturities as shall be provided in a resolution of issue. No bond by its terms shall mature in more than forty years from its own date and, in the event of any authorized issue is divided into two or more series or divisions, the maximum maturity date of each such series or division shall be calculated from the date on the face of each bond separately, irrespective of the fact that different dates may be prescribed for the bond of each separate series or division of any authorized issue.
(c) Interest. Bonds shall bear interest at a rate of not to exceed six percent per annum, payable annually or semi-annually, or in part annually and in part semi-annually.
(d) Coupon or Registered Bonds. Bonds may be issued as coupon bonds or as registered bonds. A resolution of issue may provide for the interchange of coupon bonds for registered bonds and registered bonds for coupon bonds and may provide that the bonds shall be registered as to principal only or as to both principal and interest, or otherwise as the resolution of issue shall prescribe.
(e) Redemption. Bonds may be called upon such terms and conditions and upon such notice as the resolution of issue shall prescribe and upon payment of such premium (not exceeding six percent of the par value of such bonds), if any, as may be fixed in the resolution of issue. No bond shall be subject to call or redemption prior to its fixed maturity date, unless the right to exercise such call is expressly stated on the face of the bond.
(f) Source of Payment. All revenue bonds shall be payable exclusively from revenues pledged to their payment. No taxes for the payment of such revenue bonds shall be levied upon the taxable property of the City.
(g) Reference on Bonds to Resolution of Issue. Reference on the face of a revenue bond to the resolution of issue by its date of adoption is sufficient to incorporate all of the provisions thereof and of this Section 171 into the body of said revenue bond and its appurtenant coupons. Each taker and subsequent holder of a revenue bond or coupons, whether such coupons are attached to or detached from said revenue bond, shall have recourse to all of the provisions of the resolution of issue and of this Section 171 and shall be bound thereby.
(h) Recital in Bonds. All revenue bonds shall contain a recital on their face that neither the payment of principal of nor of interest on such revenue bonds constitutes an indebtedness of the City of Napa.
(i) Place and Manner of Payment. The principal of and interest on bonds may be paid at any one or more places within or without the State of California and in any specified coin or currency of the United States of America.
(j) Execution and Authentication of Bonds. Bonds may be executed and authenticated by the manual, lithographed or printed facsimile signature of any officer or officers of the City and may also be authenticated by a trustee or fiscal agent appointed by the City Council, all as may be provided in the resolution of issue. If any of the officers whose signatures or countersignatures appear on the bonds cease to be officers before the delivery of the bonds or coupons to the purchasers thereof, their signatures or countersignatures shall nevertheless be valid and of the same force and effect as if such officers had remained in office until the delivery of the bonds and coupons.
(k) Issuance of Temporary Bonds. Pending the actual issuance or delivery of definitive bonds, the City Council may issue temporary or interim bonds, certificates or receipts of any denominations whatsoever, and with or without coupons, and with such provisions as the City Council may determine, to be exchanged for definitive bonds when ready for delivery. In the absence of an express recital on its face that a temporary bond or interim receipt is non-negotiable, such bond or interim receipt is a negotiable instrument.
(l) Replacement of Lost, Destroyed, Mutilated or Stolen Bonds. Lost, destroyed, mutilated or stolen bonds or coupons may be replaced as provided in the resolution of issue.
(m) Security. All revenue bonds shall be secured by an exclusive pledge and charge upon all or a portion of (a) the revenues of the project for the acquisition, construction and completion of which said bonds are issued or authorized to be issued, (b) revenues from on-street parking meters, and (c) revenues of any existing off-street parking facilities, all as provided for in the resolution of issue. Revenues of a project include improvements and extensions of such project later constructed or acquired. The revenues of the project, any interest earned on the revenues of the project and all pledged on-street parking meters revenues and pledged revenues of existing off-street parking facilities shall constitute a trust fund for the security and payment of the principal of and interest on the bonds, and so long as any bonds or interest thereon are unpaid said revenues and interest shall not be used for any other purpose; provided, however, that a resolution of issue may provide that any amounts required for the maintenance and operation costs of the project and any and all other costs and expenses relative to the project or to the bonds may be apportioned from the revenues but only to the extent specified in the resolution of issue.
(n) Bonds of Same Issue To Be Equally Secured. Bonds of the same issue shall be equally secured by a pledge and charge upon revenues, without priority for number, date of bonds, of sale, of execution or of delivery; except that if the City Council authorizes the issuance of bonds of different series, it may provide that the bonds in any series shall, to the extent and in the manner prescribed in the resolution of issue, be subordinated and be junior in standing with respect to the payment of principal and interest and the security thereof to such other bonds as may be specified in the resolution of issue.
(o) Refunding Bonds. The City Council may provide for the issuance, sale or exchange of refunding bonds for the purpose of redeeming, retiring or refunding any revenue bonds issued under this section, subject to any limitations contained in the resolution of issue pursuant to which such revenue bonds are issued. All provisions of this section applicable to the issuance of revenue bonds shall be applicable to the refunding bonds and to the issuance, sale or exchange thereof. Refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of all bonds to be refunded thereby and, in addition, for the payment of all expenses incident to the calling, retiring or paying of such outstanding bonds and the issuance of such refunding bonds. Such expenses may include the difference in amount between the par value of the refunding bonds and any amount less than par for which the refunding bonds are sold, any amount necessary to be made available for the payment of interest upon such refunding bonds from the date of sale thereof to the date of payment of the bonds to be refunded, or to the date upon which the bonds to be refunded will be paid pursuant to call thereof or agreement with the holders thereof, and also the premium, if any, necessary to be paid in order to call and retire the outstanding bonds and the interest accruing thereon to the date of call or retirement.
(p) Validity of Bonds. The City Council shall have power to determine that, upon the issuance of any revenue bonds hereunder, any and all acts, conditions and things required to exist, to happen and to be performed, precedent to and in the issuance thereof, will have existed, will have happened and will have been performed, in due time, form and manner, as required by the Constitution and laws of the State of California and by this Charter and any resolution of issue and to include such determination by appropriate recital in the revenue bonds which shall be conclusive and binding upon the City. From and after the issuance of any issue of revenue bonds, such findings and determinations of the City Council shall be conclusive evidence of the existence of the facts so found and determined in any action or proceedings in any court, State or Federal, and no bona fide purchaser of any revenue bond containing a recital as set forth above shall be required to see the existence of any fact or the performance of any condition or the taking of any proceeding required prior to such issue or to the application of the purchase price paid for such revenue bonds. Revenue bonds shall be deemed to be issued whenever definitive bonds or any temporary bonds or interim receipts exchange¬able therefor have been delivered to the purchasers thereof and the purchase price thereof has been received by the City Treasurer of the City or in the case of bonds to be refunded through exchange whenever such exchange has been made.
Subsection 171.7. Validity of Bonds Not Affected by Actions of City Relative to Project. The validity of the authorization and issuance of any revenue bonds by the City Council shall not be dependent on or affected in any way by:
(a) Proceedings taken by the City for the acquisition, construction or completion of any project or any part thereof;
(b) Any contracts made in connection with the acquisition, construction or completion of any project; or
(c) The failure to complete any project for which bonds are authorized to be issued.
Subsection 171.8. Sale of Bonds. Before selling any bonds the City Council shall give notice inviting sealed bids in such manner as the City Council may prescribe. If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received or if the City Council determines that the bids received are not satisfactory, the City Council may reject all bids received, if any, and either readvertise or sell the bonds at private sale. The City Council may sell bonds at a price below the par or face value thereof, provided that the maximum net interest cost (computed on a 360-day year basis) on bonds sold below par or face value shall not exceed an average of six percent per annum payable semi-annually, to the respective maturity dates of said bonds. In connection with any sale of revenue bonds the City Council may cause to be prepared and circulated such official statements or circulars as in the opinion of the City Council may be necessary or desirable to effect such sale on the most advantageous terms to the City.
Subsection 171.9. Payment of Incidental Expenses and Interest and Creation of Funds from Proceeds of Sale of Bonds. All costs and expenses incidental to the issuance and sale of bonds, including (without limiting the generality of the foregoing) the cost of preparation of the bonds and coupons, the cost of all traffic and economic surveys, of preparation of plans and specifications, of all architectural, engineering, inspection, legal, financial and economic consultant's, trustee's and fiscal agent's fees, the creation of a bond reserve fund, the creation of a working capital fund or other funds and bond interest estimated to accrue during the period of acquisition or construction of a project and for a period of not to exceed six months thereafter, all as provided for in the resolution of issue, may be paid out of the proceeds of sale of the bonds.
Subsection 171.10. Provisions Relating to Resolutions of Issue. The following provisions shall govern and apply to each resolution of issue adopted by the City Council, viz., a resolution of issue, may provide that:
(a) Bond Construction Fund. The proceeds of sale of all revenue bonds authorized thereby shall either be deposited in a fund separate and apart from all other funds of the City or paid direct to any bank or trust company designated by the City Council as the fiscal agent of the City, and that said proceeds shall be held by the City or such fiscal agent in a separate account to be designated the “Construction Fund” and be disbursed in the manner and upon the conditions provided therein for the object and purpose of the acquisition, construction and completion of the project therein designated, including the payment of all incidental expenses and interest and the creation of other funds therein provided for, and may provide that moneys in any construction fund may be invested subject to such limitations as may be provided therein; and that any moneys in a construction fund remaining unexpended after said object and purpose shall have been completed shall be applied to the payment of the principal of and interest on said bonds, and that none of said moneys shall be transferred to any other fund of the City or used for any purpose other than as specified herein.
(b) Continuous Operation of Project. The City shall, so long as any bonds thereby authorized shall be outstanding, operate the project designating in the resolution of issue continuously and in an efficient and economical manner and in good working order and condition and shall make all necessary repairs, improve¬ments and replacements.
(c) Rates, Fees and Other Charges. The City Council will prescribe, revise and collect rates, fees and charges (a) for use of the facilities provided by the project acquired, constructed or completed from the proceeds of sale of the bonds issued pursuant to such resolution of issue, (b) for any services rendered in connection with such project, and (c) for use of any on-street parking meters and existing off-street parking facilities, any revenues from which are pledged to secure the bonds; that such rates, fees and charges shall at all times be sufficient to yield revenues from the project and net revenues from such on-street parking meters and existing off-street parking facilities equal to all redemption payments and interest charges on said bonds as the same fall due, together with such additional sums as may be required for any sinking fund, reserve fund or other special fund provided for the security or further protection of said bonds, or as a depreciation charge or other charge in connection with such project and for the payment of all costs of maintenance and operation of the project; and that such rates, fees and charges shall not be reduced below an amount sufficient to provide funds to meet all obligations specified in the resolution of issue.
(d) Holding and Application of Revenues. The City will hold or cause to be held in trust the revenues pledged to the payment of the principal of and interest on the bonds issued thereunder, or to any reserve or other fund created for the security or further protection of the bonds, and will apply such revenues or cause them to be applied only as provided therein.
(e) Preservation and Protection of Security. The City will preserve and protect the security of the bonds issued thereunder and the rights of the holders thereof and will warrant and defend such rights; that the City will pay and discharge or cause to be paid and discharged all lawful claims for labor, materials and supplies or other charges which, if unpaid, might become a lien or charge upon revenues or which might impair the security of any bonds issued for the acquisition, construction or completion of any project; and that any right, power or privilege of the City to mortgage or otherwise encumber or to sell, lease or dispose of a project or to enter into any lease or agreement which impairs or impedes the operation of a project or of any part thereof necessary to provide adequate revenues or which otherwise impairs or impedes the rights of the holders of the bonds with respect to such revenues may be limited, restricted or prohibited upon such terms and conditions as may be provided therein.
(f) Proceeds of Project Taken by Eminent Domain. If any part of a project shall be taken by eminent domain or other proceeding authorized by law, the proceeds to the City therefrom shall be applied to the replacement of such project or to the payment and retirement of the bonds issued pursuant to such resolution of issue or as otherwise set forth therein.
(g) Insurance. The City shall maintain the kinds and amounts of insurance specified therein on a project or any part thereof (including insurance of any project against loss of revenues from any cause whatsoever, against public liability or property damage and against loss by fire or any other hazard, as may be provided therein) and may provide for the payment of the premiums thereon and for the use and disposition of proceeds of any such insurance thereafter collected.
(h) Books, Records and Accounts. The City will keep accurate books and records of account showing all revenues received from the operation of any project and all expenditures thereof and all revenues from on-street parking meters and existing off-street parking facilities pledged or otherwise made available as security or as further protection for the bonds issued pursuant to said resolution of issue; that all such books and records shall be open at all times during business hours to the inspection of the holders of one or more of the bonds or of any specified percentage of such holders or their duly authorized representatives; that annual or other periodic statements of the condition of such project and of all of said other revenues will be furnished to the holders of the bonds; that summaries of all such statements will be published at least annually in the official newspaper of the City and that the books and records of the City pertaining to the operation of any project and to all of said other revenues shall be audited by independent public accountants in such manner and under such circumstances as may be set forth therein.
(i) Trustee; Fiscal Agent; Paying Agents. The City will designate a bank or trust company, qualified to do business in the State of California, as a trustee or fiscal agent for the City and holders of bonds issued under said resolution of issue; that such trustee will be authorized to act on behalf of holders of the bonds or any stated percentage thereof and to exercise and prosecute on behalf of the holders of the bonds such rights and remedies as may be available to the holders; that the City shall designate any bank or trust company in any city in which any bonds are made payable as the City's paying agent in such city; that the City shall fix and determine the conditions upon which any trustee, fiscal agent or paying agent shall receive, hold or disburse any or all revenues deposited with it by or by authority of the City and that the duties and powers of any such trustee, fiscal agent or paying agent with respect to the issuance, authentication, sale and delivery of the bonds, the payment of the principal thereof and interest thereon, the redemption thereof, the registration and discharge from registration of bonds and the management of any funds provided for in the resolution of issue shall be as specified therein.
(j) Competitive Projects. The City shall not, while any revenue bonds authorized hereunder are outstanding and unpaid, acquire, construct, complete or maintain within the City, or permit any person to maintain on any City-owned property within the City, any off-street vehicular parking facilities or places, excepting those therein described, which compete in any way with any project or which are similar to any off-street vehicular parking facilities or bonds hereunder, and may define the word “compete” as used in the preceding sentence and in such resolution of issue and may except from the covenant authorized to be made by this section any and all off-street vehicular parking facilities then or thereafter maintained by the City.
(k) Limitation on Additional Indebtedness. The incurring of additional indebtedness payable in whole or in part from the revenues charged with payment of the bonds issued pursuant to such resolution of issue shall be limited or restricted as therein provided.
(l) Events of Default. The rights, limitations, powers and duties arising upon breach by the City of any of the covenants, conditions or obligations therein contained shall be as therein provided and may provide the terms and conditions upon which all bonds issued thereunder may be declared or become due and payable prior to maturity and the terms and conditions upon which such declaration and its consequences may be waived.
(m) Amendment or Modification of Resolution of Issue. May prescribe a procedure by which its terms and conditions and the terms and conditions of the revenue bonds issued thereunder may be subsequently amended or modified with the consent of the City and the vote or written consent of the holders of a specified principal amount or proportion of the bonds issued and outstanding, including provision for meetings with bondholders and the manner in which the consents of the bondholders may be given; may set forth a specific statement of the effect of each such amendment or modification upon the rights of the holders of all of the bonds and interest coupons appertaining thereto and may contain a provision that bonds held by the City or by the State of California or any public corporation, political subdivision, city, county, district, or any agency of any thereof, shall not be counted as outstanding bonds or be entitled to vote or consent, but shall nevertheless be subject, to any such amendment or modification.
(n) Use of Surplus. After all of the revenue bonds issued thereunder shall have been fully paid or discharged, or provision for their payment and discharge irrevocably made, any surplus moneys in any construction fund or other fund provided for the security or further protection of the bonds shall become and be the property of the City and be used by the City for any lawful purpose.
(o) Additional Covenants and Agreements. Such other acts and matters may be included therein together with any and all such additional covenants and agreements on the part of the City as the City Council shall deem necessary or advisable.
Subsection 171.11. Rights of Bondholders. Except as provided otherwise in any resolution of issue, the holder of any bond issued pursuant to this Section 171 may by mandamus or other appropriate proceedings require and compel the performance of any of the duties imposed upon the City or any official or employee of the City or assumed by any thereof in connection with the acquisition, construction, completion, operation, maintenance, repair, reconstruction or insurance of any project, or the collection, deposit, investment, application and disbursement or rates, fees and charges derived from the operation and use of any project and all other revenues, or in connection with the deposit, investment or disbursement of the proceeds received from the sale of the bonds under this section. The enumeration of such rights and remedies does not, however, exclude the exercise or prosecution of any other rights or remedies available to the holders of bonds issued pursuant to this Section 171.
Subsection 171.12. Revenue Bonds Excluded from Bonded Indebtedness of City. Revenue bonds issued under this Section 171 shall not be taken into consideration in determining the bonded indebtedness which the City of Napa is authorized to incur and shall be excluded from any limitation provided by this Charter or by general law on the amount of bonded indebtedness of the City. (Added March 22, 1954.)
Property Owner Pricing for Real Property.
Section 172. An owner of any real property has the sole right to establish the price for which that property may be sold, leased, rented, transferred or exchanged. Any law of the City of Napa that would abridge that right is hereby repealed. This limitation shall not affect the power of the City of Napa to regulate zoning or its exercise of power of eminent domain. (Ratified November 6, 1984.)
Rural Urban Limit Line.
(a) There is hereby established a Rural Urban Limit line, which shall also be referred to as the "RUL." The RUL shall be as set forth and delineated in the 1982 General Plan of the City of Napa, as amended by the City Council prior to March 1999. The RUL shall not be amended or modified, and no urban development shall be permitted in any area outside the RUL except as approved by the City's voters, following approval by the City's Planning Commission and City Council as a General Plan amendment. Notwithstanding the foregoing, the RUL may be changed, modified or amended as a General Plan amendment by four-fifths (4/5) vote of the City Council, without approval by the voters, where necessary to comply with state or federal law, or to allow any community or recreational facilities, parks, public service facilities including, but not limited to, fire and police stations and substations, or similar facilities sponsored or developed by the City of Napa, the Napa Valley Unified School District, or other public educational facilities. No amendment or modification to the RUL, either by voter approval or by four-fifths (4/5) City Council vote, shall be permitted unless the City Council first has determined that such amendment or modification is consistent with the criteria contained in Chapter 9 of the draft General Plan Update, known as Envision 2020, approved by the Napa Planning Commission in June 1998.
(b) Except as expressly provided herein, no City of Napa water service shall be provided for any area or site outside the RUL. The City of Napa shall provide City water service to all properties within the incorporated area of the City of Napa and may, in its sole discretion, provide City water service for areas or sites outside the RUL and outside the incorporated area of the City of Napa as of March 1999 as follows:
To be used for municipal purposes by any other incorporated city or municipality;
To be used for community facilities, recreational facilities, parks, public service facilities including, but not limited to, fire and police stations and substations, any similar facilities, as well as any public school facilities sponsored or developed by the City of Napa, the Napa Valley Unified School District or other public educational bodies;
If such area or site qualifies for interruptible surplus agricultural water service pursuant to Napa Municipal Code Section 13.04.050 as the same may be amended from time to time;
For existing uses which have been provided with City of Napa water prior to the effective date of this charter amendment;
As necessary to fulfill any contractual obligation existing prior to the effective date of this charter amendment;
For any other uses approved by four-fifths (4/5) vote of the City Council. (Ratified Marchh 2, 1999.)