PART 2. BOULEVARD DISTRICTS [26000. - 26260.]
Part 2 added by Stats. 1943, Ch. 285.
§§ 26000–26260 · 65 sections
CHAPTER 1. General Provisions §§ 26000–26004 · 5 sections
- § 26000 “District,” means a boulevard district unless the context clearly indicates otherwise.
- § 26001 “Commission,” means the boulevard commission unless the context clearly indicates otherwise.
- § 26002 “Boulevard,” means a highway not less than 30 and not more than 100 feet in width and upon, along, and over the portion or portions of which where the same is…
- § 26003 Except as otherwise provided in this part, all elections conducted in the district shall be conducted as nearly as practicable in accordance with the general…
- § 26004 At each election held pursuant to this part, every registered voter residing in the district as proposed or established, who would be entitled on the date of…
CHAPTER 2. Formation Petition §§ 26020–26026 · 7 sections
- § 26020 A boulevard district may be formed from any portion of a county not already contained in a boulevard district. When formed, the district shall be known and…
- § 26021 A petition for the formation of a district may be presented to the board of supervisors of the county in which the district is proposed to be formed. The…
- § 26022 At the time of the filing of the petition for the formation of the district the petitioners shall file a bond with the board of supervisors for not more than…
- § 26023 The petition shall be presented at a regular meeting of the board of supervisors which shall thereupon fix a time, not less than 20 nor more than 60 days after…
- § 26024 The board of supervisors shall publish a notice of the fact that the petition has been filed and refer to it on file with the clerk of the board of supervisors…
- § 26025 The notice shall be published at least once a week for two consecutive weeks in a newspaper published and circulated in the proposed district. If no newspaper…
- § 26026 Upon the day specified, the board of supervisors shall hear the petition and any objections thereto. The hearing may be adjourned from time to time, for not…
CHAPTER 3. Establishing District Boundaries §§ 26040–26043 · 4 sections
- § 26040 In fixing the final boundaries of the district the board of supervisors may exclude any lands which it finds have been improperly included.
- § 26041 The board of supervisors may include any lands adjacent to those described in the petition, either on: (a) Petition of the owners of the adjacent lands; or (b)…
- § 26042 The notice of intention to include adjacent lands shall refer to the petition for the formation of the district on file with the board of supervisors, shall…
- § 26043 Upon the petition and evidence produced at the hearings the board of supervisors shall determine and fix the boundaries of the district and shall, by order…
CHAPTER 4. Calling and Conducting Elections §§ 26060–26066 · 7 sections
- § 26060 Within 30 days after the establishment of the boundaries of the district, the board of supervisors shall, by order, call an election to be held in the proposed…
- § 26061 Notice of the election shall be given by posting a copy of the order for three successive weeks prior to the election, in three public places within the…
- § 26062 At least 15 days prior to the election, the board of supervisors shall select one or more polling places within the proposed district, and make all suitable…
- § 26063 At the election there shall be elected one member of the commission, whose term of office shall be for four years and until the election, or appointment, and…
- § 26064 The ballot shall contain the words “Shall the boulevard district be formed?” To the right of or below these words, the words “Yes” and “No” shall be printed on…
- § 26065 The officers of election shall make a return of the election to the board of supervisors, which shall canvass the returns as provided by law. If a majority of…
- § 26066 If a majority of the votes cast are against the creation of the district, the board of supervisors shall by order entered in its minutes so declare, and no…
CHAPTER 5. Selection of the Boulevard Commission §§ 26080–26088 · 9 sections
- § 26080 The commission shall consist of the chairman of the board of supervisors and the county surveyor, or the county engineer, as the case may be, of the county in…
- § 26081 Any vacancy in the membership of the commission shall be filled by appointment for the unexpired term by the board of supervisors from among the bona fide…
- § 26082 Upon the receipt of a petition in writing, signed by at least 25 percent in number of the registered voters residing within the district, the California…
- § 26083 The member appointed by the California Transportation Commission shall hold office for the term of four years from and after his appointment, and until the…
- § 26084 Each member of the commission shall give a bond in the sum of five thousand dollars ($5,000) which has been approved by a judge of the superior court of the…
- § 26085 An election shall be held on the first Monday after the first Tuesday in March in the fourth year after the formation of the district, and in every fourth year…
- § 26086 At least 20 days before the day of the election the commission shall post a notice of the election in three public places in the district. The notice shall…
- § 26087 The commission shall select one or more polling places within the district; shall appoint one inspector and two judges of election in each polling place, and…
- § 26088 The election board shall publicly canvass the votes immediately after the closing of the polls, and shall make return of the election within 24 hours…
CHAPTER 6. Powers and Duties of the Commission §§ 26110–26115 · 6 sections
- § 26110 The commission shall be the governing body of the district, and shall exercise all of the powers which are vested in the district. At its first meeting or as…
- § 26111 The commission shall hold all meetings in the district at an appointed place, at such times as may be convenient. If either the president or the secretary are…
- § 26112 A majority of the members of the commission shall constitute a quorum for the transaction of business, and every decision of the majority made when duly…
- § 26113 The district may use a common seal, alterable at the pleasure of the commission and may: (a) Sue and be sued in its own name. (b) Lay out, establish,…
- § 26114 For the purposes of this part the district may take over, control, operate, and use in whole or in part any county road or public highway and may construct any…
- § 26115 At its option, the commission may make application to the Department of Transportation for the exercise by the department of any powers, duties, or authority…
CHAPTER 7. Preliminary Plans and Surveys §§ 26130–26131 · 2 sections
- § 26130 Before the construction of any boulevard and before the calling of any election for the issuance of bonds, the commission shall employ one or more engineers…
- § 26131 The expense of making the preliminary surveys may be allowed by the board of supervisors out of the county general fund or the general county road fund upon…
CHAPTER 9. Approval of Construction Plans §§ 26160–26166 · 7 sections
- § 26160 At any time after the adoption of a plan for a boulevard or the letting of a contract for the construction of the whole or any portion of any boulevard, the…
- § 26161 The order shall fix the day of the election, shall specify the amount of the bond issue, and shall state in general terms that the money raised from the sale…
- § 26162 Notice of the election shall be given in the manner and for the time provided for in Section 26061.
- § 26163 At any time prior to the day fixed for the election the commission shall select one or more polling places within the district, and appoint from among the…
- § 26164 After the vote has been counted and the result announced by the election officers the ballots shall be sealed up and delivered to the secretary of the…
- § 26165 If, at the election, two-thirds of the votes cast are in favor of the issuance of bonds, the commission is authorized to issue and sell the bonds as proposed…
- § 26166 A boulevard may be constructed with money raised by taxation instead of a bond issue if authorized by a majority of the votes cast at an election called for…
CHAPTER 10. The Bond Issue §§ 26180–26184 · 5 sections
- § 26180 All bonds shall be issued in such denominations as the commission may determine, except that they shall not be less than one hundred dollars ($100) nor more…
- § 26181 All bonds shall be payable in lawful money of the United States at the office of the county treasurer of the county in which the district is situated, and…
- § 26182 The bonds shall be signed by the president and countersigned by the secretary of the commission. They shall be numbered consecutively, in the order of their…
- § 26183 The bonds may be sold by the commission in such manner and in such quantities as it may determine. However no bond may be sold for less than its face value.
- § 26184 The proceeds of the sale of bonds shall be deposited with the county treasurer and shall be placed by him in a fund in the county treasury to be called the…
CHAPTER 11. Levy and Collection of Taxes §§ 26200–26203 · 4 sections
- § 26200 At or before the first meeting of the board of supervisors in September of each year, the commission shall furnish the board of supervisors and the auditor of…
- § 26201 Annually, at the time of levying county taxes, the board of supervisors shall levy a tax to be known as the “_______ (name of district) boulevard district…
- § 26202 The tax so levied shall be computed and entered on the assessment roll by the county auditor, and if the board of supervisors fails to levy the tax the auditor…
- § 26203 All money raised by taxation which is authorized by this part shall belong to the district.
CHAPTER 12. County Contributions § 26220 · 1 section
- § 26220 The board of supervisors shall set apart and turn over to the commission out of the general fund of the county 25 per cent of the cost of acquiring the rights…
CHAPTER 13. District Funds §§ 26221–26222 · 2 sections
- § 26221 The treasury of the county in which the district is situated shall be the depository for the funds of the district. The county treasurer shall receive and…
- § 26222 The following funds are hereby established in the county treasury to which the money belonging to the district, and raised by taxation shall be apportioned by…
CHAPTER 13.5. Claims § 26225 · 1 section
- § 26225 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 14. Transfer of District Boulevards § 26230 · 1 section
- § 26230 After any boulevard has been completely constructed the commission may, at its option, convey all the right, title and interest of the district in and to that…
CHAPTER 15. Dissolution §§ 26240–26242 · 3 sections
- § 26240 Whenever it shall deem it advisable, the commission shall, by resolution, order that an election be held in the district upon the question of dissolution of…
- § 26241 Upon dissolution, any property in unincorporated territory which may have been acquired by the district shall vest in the county, and any property within the…
- § 26242 If at the time of the election to dissolve the district there is outstanding any bonded indebtedness of the district, the vote to dissolve shall dissolve the…
CHAPTER 16. Validating Proceedings § 26260 · 1 section
- § 26260 An action to determine the legality of the existence of a district may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of…