Council members,
Mayor Richard Cline understood this LIMITATION; Why wont you?
State Law Limitations Pertaining to Use of Properties in Assessment Districts
Because the City acquired the downtown parking properties with
assessment district funds for the express purpose of constructing surface parking plazas, Government Code sections 50490 through 50516 regulate the Citys use of those properties! (Govt Code § 50490 (establishing that the statute applies to "property [that] was acquired for a particular purpose with funds derived from an assessment district").) Under this statute, the City may not "lease the property or use it except for the purposes for which it is acquired" unless a petition is "signed by the owners of at least 51 percent of the property lying in the assessment district." (Id. §§ 50491-92 (emphasis added).)
Even if the City is able to obtain such a petition, the City will have no authority to proceed with the new use, if a majority of the owners of assessed property protest the proposed use prior to a public hearing on the matter. (Id. § 50504.) Accordingly, the City must obtain the approval of property owners representing a majority of downtown property prior to implementing any of the proposed uses for parking plaza properties contained in the Emerging Plan.
Email me you explanation for your refusal to honor this PROMISE!
Mike DeMoss
Resident
Attorney
