DIVISION 18. PARKING [31500. - 36745.]
Division 18 added by Stats. 1951, Ch. 463.
§§ 31500–36745 · 536 sections
PART 1. VEHICLE PARKING DISTRICT LAW OF 1943 §§ 31500–31933 · 89 sections
CHAPTER 1. General §§ 31500–31519 · 10 sections
- § 31500 This part may be cited as the Vehicle Parking District Law of 1943.
- § 31502 As used in this part, “parking places” includes parking lots, garages, buildings, and other improvements for the parking of motor vehicles.
- § 31503 As used in this part, “legislative body” means: (a) When used with reference to a county, the board of supervisors. (b) When used with reference to a city, the…
- § 31504 As used in this part, unless the context otherwise requires, “city” includes city, county, and city and county.
- § 31505 As used in this part, “treasurer” means the county treasurer when used with reference to a county and the city treasurer when used with reference to a city.…
- § 31506 A city may: (a) Acquire, by condemnation, purchase, gift, lease, or any other means, property necessary or convenient for use as parking places, including any…
- § 31516 Whenever any official or board designated in this part is not and cannot be provided for by a charter city, all acts to be done by such official or board…
- § 31517 This part does not affect any other law relating to the same or any similar subject, but provides an alternative authority and procedure for the subject to…
- § 31518 This part shall be liberally construed.
- § 31519 The Improvement Act of 1911, the Municipal Improvement Act of 1913, and the Improvement Bond Act of 1915 may be used by a city for the purposes of this part.
CHAPTER 2.1. Use of City Lands as Parking Places §§ 31580–31582 · 3 sections
- § 31580 As used in this chapter, “city lands” means lands owned by the city and which are either being used for the purpose of public offstreet parking or are not…
- § 31581 The legislative body, at any time, may declare and agree that city lands shall be held, used, and treated in all respects the same as parking places acquired…
- § 31582 The legislative body may increase, decrease, eliminate, change, or otherwise modify the lands to be so held, used, and treated, the improvements to be made or…
CHAPTER 8. Board of Parking Place Commissioners §§ 31770–31792 · 25 sections
- § 31770 Immediately upon the acquisition of the parking places pursuant to the petition for the formation of the district, a parking place commission shall be…
- § 31770.1 At its discretion, the legislative body of any city may, by ordinance, provide for the appointment, removal, qualifications, terms of office and number of…
- § 31771 The commission may consist of three or five members.
- § 31772 Members of the commission shall serve without compensation.
- § 31773 In the case of a city, members of the commission shall be appointed by the mayor, subject to confirmation by the legislative body. In the case of a county they…
- § 31774 The commissioners shall hold office for the term of three years from the date of their appointment and qualification and until their successors are appointed…
- § 31775 A commissioner may be removed by a four-fifths vote of the legislative body at any time.
- § 31776 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…
- § 31777 A commissioner may be an owner or lessee of property, or an officer, employee, or agent of a corporation owning or leasing property, within the district or, in…
- § 31778 Whenever a petition signed by the owners of more than one-half of the area of assessable land within the district requesting the removal of a commissioner is…
- § 31779 The board of commissioners shall have possession and complete charge, supervision and control of all parking places: (a) Acquired, constructed, and paid for,…
- § 31780 The board shall operate, manage, and control the parking places and make and enforce all necessary regulations for their use.
- § 31781 The board may fix, regulate, and collect rentals, fees, or charges for the parking of vehicles in parking places under its control, and may provide different…
- § 31782 The providing of adequate public parking places in cities may require the use of assessment districts as authorized by Section 31519. Such districts will be…
- § 31783 All parking places acquired and constructed pursuant to this part are public parking places, but the board of commissioners may restrict or partially restrict…
- § 31784 Rentals, fees, and charges shall be fixed after public hearing following such notice as the board of commissioners prescribes.
- § 31784.1 The board may, if it so desires, operate the parking places, or any thereof, as free public parking places without fee or charge.
- § 31785 The board shall appoint in the same manner as other city employees are selected, such employees as it deems necessary. The number of such employees and their…
- § 31786 In the exercise of its power to operate, manage, and control parking places, the board may lease any or all parking places to any person for the sole purpose…
- § 31787 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…
- § 31788 The maximum rentals, fees, and charges to be collected by the operator shall be fixed by the board after public hearing following such notice as the board…
- § 31789 An operator shall not conduct any business other than that of the operation of public parking facilities on any parking place of the district.
- § 31790 Any lease or franchise may provide that the use of the parking places shall be restricted, or partially restricted, to owners and tenants of real property in…
- § 31791 To expedite the conduct of proceedings and the making of any acquisition or improvement authorized by this part, the legislative body may, at any time prior to…
- § 31792 After the appointment of the board of parking place commissioners, any improvement of any parking place under its charge shall be made by the board.
CHAPTER 9. Taxation §§ 31820–31830 · 11 sections
- § 31820 Annually on or before June 30th, the board shall prepare an estimate of the expenditures required for the maintenance, operation, repair, and improvement of…
- § 31821 The board shall also estimate the amount of revenues to be derived from rentals, fees, or charges for the use of the parking places and the amount, if any, to…
- § 31822 The estimate shall be filed with the legislative body, and at the time and in the manner for levying general taxes, the legislative body shall levy and collect…
- § 31823 The tax levy for maintenance, operation, repair, and improvement of parking places in any year shall not exceed fifteen cents ($0.15) on each one hundred…
- § 31824 The special tax shall be levied and collected at the same time, in the same manner, by the same officers, and with the same interest and penalties as general…
- § 31825 The proceeds of the tax levied for maintenance, operation, repair, and improvement shall be placed in the district maintenance and operation fund and expended…
- § 31826 The proceeds of the tax levied for the acquisition of parking places shall be placed in a separate fund of the district and shall be expended only for the…
- § 31827 All revenues from fees, charges, or rentals for the use of any parking place of the district shall be turned over to the treasurer and by him placed in such…
- § 31828 If the board determines that the revenues from fees, charges, and rentals exceeds the amounts necessary for the proper maintenance, operation, repair and…
- § 31829 If the assessment has been paid in cash, the credit shall be returned in cash to the person who paid the corresponding assessment, upon his furnishing…
- § 31830 If the assessment is unpaid, the credit shall be applied upon the earliest unpaid installment or installments of principal and interest and any excess over the…
CHAPTER 10. Miscellaneous §§ 31850–31866.5 · 16 sections
- § 31850 The legislative body may sell or lease any property acquired for parking places which is not needed for that public use.
- § 31851 Any money received from the sale or lease of property not needed for parking places shall be placed in such fund as the board directs, and may be used for any…
- § 31851.5 Whenever the legislative body determines that any portion of property acquired for parking places is not needed for that public use, the city may devote such…
- § 31852 All real property shall be acquired or condemned in the name of the city, and title to such property shall be in the city, subject to the provisions of this…
- § 31853 All contracts for the lease or purchase, or both, of real or personal property shall be made by the legislative body.
- § 31854 Whenever the board determines by resolution that the public interest and necessity and the needs of the district require that additional parking places be…
- § 31855 When a certified copy of the resolution of the board is filed with the legislative body, it may proceed to acquire or lease the property pursuant to the…
- § 31856 Property for additional parking places may be acquired by any of the following means: (a) By a lump sum payment or by contract of purchase with payments made…
- § 31857 Any lease or contract of purchase shall not bind the city to pay the rental or purchase price from funds other than those provided pursuant to this part.
- § 31858 Proceeds of taxes levied under Section 31822 for maintenance, operation, repair, and improvement may also be used for the maintenance, operation, repair, and…
- § 31859 At any time and with any city funds available for the purpose, the legislative body may acquire parking places which benefit the district and improve them. It…
- § 31860 At any time, either before or after the formation of the district, the legislative body may provide by ordinance that, for a period specified in the ordinance…
- § 31861 Whenever the board of commissioners determines by resolution that additional parking places should be acquired and improved by assessment upon land in the…
- § 31865 As an alternative method of administration, upon request made to the legislative body by the owners of 50 percent of the assessed value of taxable land in each…
- § 31866 At any time following the formation of a district under this part and the levy of the initial assessment in such district, any parcel of land, whether…
- § 31866.5 As a condition to the granting of a petition for inclusion under Section 31866, the legislative body, with the approval of the board of parking place…
CHAPTER 11. Substitution of Other Lands, Property or Rights of Way for Those Previously Acquired §§ 31900–31933 · 24 sections
- § 31900 Unless the context otherwise requires, the following terms used in this chapter shall mean: (a) “Substitution proceeding” means a proceeding taken under or…
- § 31910 Substitution proceedings may be taken in the manner provided in this chapter if the legislative body determines that such substitution proceedings are…
- § 31911 Before adopting any resolution under Section 31913, the legislative body shall submit its proposed resolution to the board of parking place commissioners for…
- § 31912 The board shall make its report and recommendation within 30 days after the legislative body orders a proposed resolution submitted to the board, or within…
- § 31913 The legislative body may initiate a substitution proceeding by adopting a resolution proposing to order the making of a substitution.
- § 31914 The resolution proposing to order the making of a substitution shall contain: (a) The number of the vehicle parking district and a reference to the ordinance…
- § 31915 (a) Notice of hearing shall be by publication, posting, and mailing of the resolution proposing to order the making of a substitution. (b) The resolution shall…
- § 31916 Not later than the hour set for hearing, any interested person may file with the clerk of the legislative body written objection to the proposed substitution.
- § 31917 At the hearing all objections and protests shall be heard and considered. The hearing may be continued from time to time by order entered on the minutes.
- § 31918 If at the hearing it appears that the owners of more than one-half of the area of the assessable land included within the district have made objection in…
- § 31919 If the owners of more than one-half of the area of the assessable land included within the district have not made written objections or protests to the…
- § 31920 Any protest or objection made pursuant to this chapter, or any signature to such objection or protest, may be withdrawn by a written withdrawal signed by the…
- § 31921 Any objections or protests not made at the time and in the manner provided by this chapter are deemed waived voluntarily.
- § 31922 Except in the case of a majority protest, the legislative body may sustain or deny any or all objections and protests, and its determination is final. The…
- § 31923 Proceedings under this chapter shall not be attacked after the hearing upon any ground not stated in an objection or protest filed pursuant to this chapter.…
- § 31924 At the hearing the legislative body may by resolution propose a modification of the substitution. Said resolution shall describe the proposed modification,…
- § 31925 If at the conclusion of the hearing the legislative body by resolution adopted by four-fifths of all of its members shall find and determine (a) that public…
- § 31926 After the adoption of the resolution ordering the making of the substitution and at such time as all the new property ordered to be acquired or to be acquired…
- § 31927 The resolution of implementation shall contain a general description of all new property acquired or acquired and improved under this chapter for the use and…
- § 31928 The resolution of implementation shall also contain a general description of all old property which is no longer to be held by the city for the use and benefit…
- § 31929 Before adopting the resolution of implementation, payment or provision for payment shall be made for the unpaid balance of any outstanding and unpaid bond…
- § 31930 Upon adoption of the resolution of implementation, any old property which is within the exterior boundaries of the district shall be deemed excluded from the…
- § 31931 The cost and expense of acquiring or acquiring and improving new property (including any amounts necessary to comply with Section 31929 and any amounts…
- § 31933 No substitution proceedings pursuant to this chapter shall be initiated for the replacement of old property unless it has been used as a parking place or for…
PART 2. PARKING LAW OF 1949 §§ 32500–33552 · 111 sections
CHAPTER 1. General Provisions §§ 32500–32514 · 15 sections
- § 32500 This part may be cited as the Parking Law of 1949.
- § 32501 The supplying of additional parking facilities and the performance of all undertakings incidental or advantageous thereto are public uses and purposes for…
- § 32502 This part shall not affect any other provision of law relating to the same or a similar subject but provides an alternative method of procedure governing the…
- § 32503 Parking facilities of an authority are subject to the planning, zoning, sanitary, and building laws, ordinances, and regulations applicable to the locality in…
- § 32504 If any provision of this part, or its application to any person or circumstance, is held invalid, the remainder of the part, or the application of such…
- § 32505 Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of this part.
- § 32506 “Authority” or “parking authority” means any of the public corporations created by Chapter 2 of this part.
- § 32507 “City” means any city or city and county, or in the case of a county parking authority, means any county, including incorporated portions thereof. “The city”…
- § 32508 “Legislative body” means, in the case of a city, that body in which the general legislative powers of the city are vested, and in the case of a county or a…
- § 32509 “Mayor” means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of the city. In the case of a…
- § 32510 “Clerk” means the clerk of the city or the officer charged with the duties customarily imposed on the clerk. In the case of a county parking authority “clerk”…
- § 32511 “Obligee of the authority” or “obligee” means any of the following: (a) Any bondholder or trustee for any bondholders. (b) Any lessor demising to the authority…
- § 32512 “State public body” means the State, or any city, city and county, county, district, authority, or any other subdivision or public body of the State.
- § 32513 “Project” means any acquisition, improvement, construction, or undertaking of any kind authorized by this part.
- § 32514 “Parking facilities” includes public transportation terminal facilities and other facilities related thereto.
CHAPTER 2. Parking Authorities §§ 32650–32667 · 21 sections
- § 32650 There is in each city and in each county of the state a public body corporate and politic known as the parking authority of the city or the county.
- § 32651 The authority shall not transact any business or exercise any powers unless and until the legislative body of the city by resolution declares that there is…
- § 32652 The determination that there is need for an authority to function may be made by the legislative body on its own motion, or upon the filing of a petition…
- § 32653 In any suit, action, or proceeding by or against or in any manner relating to an authority, the authority shall be conclusively deemed to have become…
- § 32654 A city shall not transact any business or exercise any powers pursuant to Section 33552 of this part unless and until the legislative body of the city declares…
- § 32655 Either or both resolutions provided for in this chapter may be adopted by the legislative body. If both resolutions are adopted, they shall clearly specify the…
- § 32656 When the legislative body of a city first adopts a resolution declaring need for a parking authority to function, the mayor, with the approval of the…
- § 32657 (a) Three of the members first appointed shall be designated by the mayor, with the approval of the legislative body, to serve for terms of one, two, and three…
- § 32657.5 The authority shall hold meetings at such times as it shall determine. The concurring votes of three members of the authority shall be required for the taking…
- § 32658 The mayor shall designate the first chairman. Thereafter, when the office of chairman becomes vacant the authority shall elect a chairman from its members.…
- § 32661 A member of an authority may be removed by the mayor with the consent of the legislative body.
- § 32661.1 As an alternative to the appointment of five members of the parking authority, the legislative body may, at the time of the adoption of a resolution pursuant…
- § 32661.2 Whenever the mayor, with the approval of the legislative body, has appointed the members of a parking authority, as provided by Section 32656, the legislative…
- § 32661.3 A legislative body which has declared itself to be the parking authority pursuant to Sections 32661.1 or 32661.2 may, at any time, by resolution, determine…
- § 32662 At the time the authority becomes authorized to transact business and exercise its powers, and from time to time thereafter, the legislative body, subject to…
- § 32663 Quarterly, semiannually, or annually, as the legislative body prescribes, the authority shall file with the legislative body a detailed report of all its…
- § 32664 At least once annually, the authority shall submit a statement of all its financial affairs, audited by independent certified public accountants, to the…
- § 32665 If within four years after the adoption of a resolution declaring the need for a parking authority to function in a city, the authority has not acquired or…
- § 32665.5 Upon the termination of any such suspension by the adoption of such resolution declaring the need for the authority to function, appointments of the members of…
- § 32666 After adoption of a resolution declaring there is no need for an authority to function, and while it is in effect, the legislative body may wind up the affairs…
- § 32667 At any time after the activation of a parking authority, the legislative body by a two-thirds vote may adopt a resolution transferring the property of the…
CHAPTER 3. Powers §§ 32801–32812 · 12 sections
- § 32801 The authority may: (a) Sue and be sued, have a seal, and make and execute contracts and other instruments necessary or convenient to the exercise of its…
- § 32802 The authority may: (a) Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property within or…
- § 32803 The authority may acquire, construct, rent, lease, maintain, repair, manage and operate all or any portion of any real and personal property, including the…
- § 32804 As an incident to the operation of any parking facility, the authority may devote a portion of its property to uses such as retail stores, bus terminal,…
- § 32805 Neither the authority nor the city shall manage or operate surplus space devoted to commercial purposes other than parking of vehicles, but shall lease such…
- § 32806 The authority may do any act to furnish motor vehicle parking space, to establish parking facilities for motor vehicles within the city, and to handle and care…
- § 32807 The authority may receive, control, and order the expenditure of any and all money and funds pertaining to parking facilities or related properties, including…
- § 32808 The authority may invest funds held in reserve, or sinking funds, or funds not required for immediate disbursement, in property or securities in which cities…
- § 32809 The authority may borrow money or accept financial or other assistance from the city, the State, the Federal Government, or any other source for or in aid of…
- § 32810 The authority may exercise all or any part or combination of the powers granted by this part.
- § 32811 The authority may do and perform any and all other acts and things necessary, convenient, desirable, or appropriate to carry out the provisions of this part.
- § 32812 In order that there may be no unnecessary duplication of effort or expense, the authority may provide for the furnishing of services by, and the use of…
CHAPTER 4. Property §§ 32950–32957 · 10 sections
- § 32950 An authority shall not acquire any existing parking facility by the exercise of the power of eminent domain except after public hearing. Notice of the date,…
- § 32950.5 Whenever it becomes necessary to remove, relocate, or alter any property devoted to a public use as a result of condemnation proceedings brought by the…
- § 32951 Except when approved by the legislative body, by ordinance or resolution, property being used as a facility for the parking or storing of motor vehicles shall…
- § 32951.5 Section 32951 shall not apply where the project to be furnished or constructed is to be leased by the authority to the city.
- § 32952 The authority may lease any project acquired by it pursuant to this part to the highest responsible bidder after a notice inviting bids has been published in…
- § 32953 The notice inviting bids shall distinctly and specifically describe the project and the facilities which are to be leased, the period of time for which the…
- § 32954 If no bid which the authority finds to be reasonable and valid is received upon the original advertising, the authority need not readvertise and may operate…
- § 32955 The authority may reject any and all bids presented and readvertise; if no valid bid is received after readvertisement, the authority may operate the project…
- § 32956 If the authority operates the project it may readvertise for bids as provided in this chapter once every year.
- § 32957 Sections 32952 to 32956, inclusive, shall not apply to the lease of a project by the authority to the city.
CHAPTER 5. Revenue Bonds §§ 33100–33148 · 49 sections
- § 33100 As used in this chapter, “bonds” means revenue bonds issued pursuant to this part.
- § 33101 Bonds shall not be issued in any city until the legislative body, either at a general or a special election, submits to the electors of the city the question…
- § 33101.5 In lieu of the submission of such question the legislative body may from time to time so submit to such electors the proposition of the issuance, by the…
- § 33101.6 Sections 33101 and 33101.5 shall not apply where the bonds are issued to finance a project which is to be leased to the city and where the principal of and…
- § 33102 The authority shall have power to borrow money to provide funds for any project and to issue in its name revenue bonds to evidence the indebtedness created by…
- § 33103 All such bonds shall recite upon their face, in substance, that the bonds of each issue shall constitute special obligations, and evidence a special…
- § 33104 An authority may issue such types of bonds as it determines, including bonds on which the principal and interest are payable: (a) Exclusively from the income…
- § 33105 Bonds may be additionally secured by the pledging of, placing a charge upon, or otherwise making available any parking meter revenue. Until all bonds so…
- § 33105.5 Nothing in this part nor in the specification, in the proceedings for the issuance of any bonds, of the sources of payment thereof, shall preclude any of the…
- § 33106 Except as limited by express provision of this part, each authority, by resolution, or by contract, or other agreement with, or for the benefit of, the…
- § 33107 An authority may provide for the aggregate principal amount, date or dates, maturities, interest rate or rates, interest payment dates, denominations and form…
- § 33107.5 The authority may provide that any resolution or resolutions adopted in connection with the authorization of any bonds shall constitute a contract with the…
- § 33108 Reference on the face of the bonds to any such resolution by the date of its adoption, or to any such contract or other agreement by the date of its execution,…
- § 33109 The authority may provide for such covenants and agreements on the part of the authority as it deems necessary or advisable for the better security of any…
- § 33110 The authority may provide for the making of a covenant requiring the authority to pay punctually the principal and interest on any bonds on the date or dates,…
- § 33111 The authority may provide for the making of a covenant requiring the authority to continuously operate in an efficient and economical manner any or all…
- § 33112 The authority may provide for the making of a covenant requiring the authority to make all repairs, renewals and replacements necessary to the operation of any…
- § 33114 The authority may provide for the making of a covenant requiring the authority to pay and discharge from the funds available for that purpose all lawful claims…
- § 33115 The authority may provide for the making of a covenant which limits, restricts, or prohibits the power of the authority to mortgage or otherwise encumber,…
- § 33116 The authority may provide for the making of a covenant requiring the authority to fix, prescribe and collect, with respect to any or all properties, any…
- § 33117 The authority may provide for the making of a covenant requiring the authority to provide for the establishment and maintenance of reserve funds, sinking…
- § 33118 The authority may provide for the making of a covenant requiring it to apply the proceeds of the bonds in connection with which such covenant is made, or any…
- § 33119 The authority may provide for the making of a covenant restricting the incurring of additional indebtedness payable in whole or in part out of revenues or…
- § 33120 The authority may provide for the making of a covenant requiring it to carry insurance on any facilities or properties any revenues of which are charged with…
- § 33121 The authority may provide for the terms and conditions upon which any bonds may become or be declared due and payable prior to maturity, upon the happening of…
- § 33122 The authority may provide for the rights, limitations, powers, and duties arising upon breach by the authority of any of the covenants, conditions, or…
- § 33123 The authority may provide for a procedure by which certain specified terms and conditions of any resolution, contract, or agreement may be subsequently amended…
- § 33124 The provisions for such procedure may include an agreement that bonds held by the authority, the city, or by any other person or entity who or which the…
- § 33125 The authority may provide for such other acts and matters as it may deem to be necessary, convenient, or desirable to secure the bonds or to make them more…
- § 33126 The authority may designate a bank or trust company as a trustee for the holders of bonds issued pursuant to this part, and may authorize the trustee to act on…
- § 33127 The authority may fix and determine the conditions upon which any trustee shall receive, hold, or disburse any or all funds coming into its hands pursuant to…
- § 33128 The authority may prescribe the duties and powers of any trustee respecting the payment of principal and interest on bonds, the redemption of bonds, the…
- § 33129 The authority may provide for the issuance of bonds in series, and for the division of any issue into two or more divisions, and may fix different maturities…
- § 33130 All bonds of the same authorized issue need not be of the same kind or character, have the same security, or bear the same interest rate, but the terms of the…
- § 33133 Bonds may be callable upon such terms, conditions, and notice as the authority determines, and upon the payment of the premium, if any, fixed by the authority…
- § 33134 The authority may provide for the payment of the principal and interest of bonds at any place within the State, or for the payment or collection of such…
- § 33135 Signatures on the bonds and interest coupons may be printed, lithographed, or engraved facsimile, except that on the bonds, but not on the interest coupons,…
- § 33136 If any officer or representative whose signature or countersignature appears upon the bonds or coupons ceases to be an officer or representative before the…
- § 33137 Bonds issued under this part may be serial or sinking fund bonds. A bond by its terms shall not mature more than forty (40) years from its own date. If any…
- § 33138 The authority may sell bonds at a price below the par or face value, provided that the discount on any bonds so sold shall not exceed 8 percent of the par…
- § 33139 In determining the amount of bonds to be issued, the authority may include an amount for the purpose of establishing a reserve fund or funds for the security…
- § 33140 The authority may provide that interest on bonds issued for the acquisition, construction, or completion of any project may be paid out of the proceeds of the…
- § 33141 In the proceedings for the issuance of bonds, the authority may provide that the principal of and interest on the bonds constitute such charge upon the…
- § 33142 Pending the actual issuance or delivery of bonds, the authority may issue temporary or interim bonds, certificates, or receipts of any denominations, with or…
- § 33143 The principal, interest, and income of all bonds issued under this part are exempt from all taxation in this State, other than gift, inheritance, and estate…
- § 33145 The authority may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any revenue bonds issued by it. All provisions of this…
- § 33146 Refunding bonds may be issued in a principal amount sufficient to provide funds for the payment of the bonds to be refunded and all expenses incident to the…
- § 33147 Bonds issued pursuant to this part are negotiable instruments.
- § 33148 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
CHAPTER 6. Rates, Fees, and Charges § 33250 · 1 section
- § 33250 The authority shall have power, and it shall be its duty, fully and faithfully to keep and perform any covenant it may make pursuant to Section 33116 with or…
CHAPTER 7. Rights of Obligees § 33400 · 1 section
- § 33400 In addition to all other rights conferred on an obligee and subject only to any contractual restrictions binding upon him, an obligee may: (a) By mandamus,…
CHAPTER 8. Miscellaneous Provisions §§ 33550–33552 · 2 sections
- § 33550 All claims for money or damages against the authority are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 33552 Any city may exercise any or all of the powers granted to an authority by this part alone, or in combination with powers granted by any other general law…
PART 4. PARKING DISTRICT LAW OF 1951 §§ 35100–35708 · 190 sections
CHAPTER 1. General §§ 35100–35113 · 15 sections
- § 35100 This part may be cited as the Parking District Law of 1951.
- § 35101 Unless the context otherwise requires, the definitions contained in this chapter shall govern the construction of this part.
- § 35102 “Legislative body” means the legislative body of the city in which the district is located.
- § 35103 “Assessment roll” means the assessment roll used by the city for purposes of city taxation.
- § 35104 “Net revenues,” as used with reference to a parking meter, means the revenues remaining after deductions for the cost of acquiring the meter and the cost of…
- § 35105 “Real property” means land and improvements thereon.
- § 35106 “Parking places” includes parking lots, garages subsurface structures, and buildings for the parking of motor vehicles.
- § 35107 Any portion of a city may be formed into a parking district for the purposes set forth under this part.
- § 35108 In addition to matters specified elsewhere in this part, the acts authorized under this part include the following: (a) The formation of districts. (b) The…
- § 35108.5 To expedite the making of any such acquisition and improvement, the legislative body may, at any time, transfer into the acquisition and construction fund, out…
- § 35109 Any proceedings taken or bonds issued pursuant to this part shall not be held invalid for failure to comply with the provisions of this part, if the acts done…
- § 35110 This part does not affect any other law relating to the same or a similar subject, but provides an alternative procedure for the subject to which it relates.…
- § 35111 Any territory included within a parking district formed pursuant to this part shall not be included within any other parking district or any vehicle parking…
- § 35112 The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply to proceedings under this part.
- § 35113 The curative clauses of this part are cumulative and each is to be given full effect.
CHAPTER 2. Formation of District §§ 35250–35276 · 33 sections
- § 35250 The formation of a parking district may be proposed by petition signed by the owners of real property in the proposed district, as shown by the last equalized…
- § 35251 The petition shall contain: (a) A general description of the boundaries of the proposed district. (b) A general description of the parking places proposed to…
- § 35252 The petition shall be filed in the office of the clerk of the legislative body.
- § 35253 When the petition is filed, the clerk of the legislative body shall examine the petition. If it is signed by the requisite number of qualified signers, the…
- § 35253.1 If the petition is not signed by the requisite number of qualified signers, the clerk shall certify to the legislative body that said petition is insufficient.…
- § 35253.2 The clerk shall certify the sufficiency of the petition and any supplemental petitions to the legislative body, if the petition, together with supplemental…
- § 35253.3 If any person shown on the last equalized assessment roll to be the owner of land within the proposed district shall be unable to sign by reason of legal…
- § 35253.4 If the assessed value of any parcel of land, and any improvements thereon, is not shown or separately shown upon the assessment roll, upon request of the…
- § 35254 If the petition proposes a contribution of money by the city, the legislative body either shall reject the petition, or prior to the adoption of the resolution…
- § 35255 The statement of the amount of city contribution in the petition or in the resolution of intention shall not prevent the city from making additional…
- § 35256 If the petition proposes that the city install and maintain, or continue to maintain, parking meters on public ways within the district, the legislative body…
- § 35257 The legislative body shall either approve the petition or reject it. If it approves the petition, it shall direct the city engineer or other competent person…
- § 35258 Upon the filing of the report, the legislative body may adopt a resolution declaring its intention to form a parking district. The resolution shall contain…
- § 35260 Pursuant to Section 54954.6 of the Government Code, the clerk of the legislative body shall mail a copy of the resolution, postage prepaid, to each person to…
- § 35261 Any error, failure, or mistake in the mailing of the copy of resolution or any thereof and any failure of any person to receive the copy shall not affect in…
- § 35262 Any person interested and objecting to the formation of the parking district, the extent thereof, the inclusion of his property therein, the proposed…
- § 35263 At the hearing the legislative body shall hear and determine all protests filed.
- § 35264 The legislative body’s decision on the protests shall be final and conclusive. However, if the owners of taxable real property in the district having an…
- § 35265 Any protest filed may be abandoned and withdrawn by written notice of such abandonment or withdrawal signed by the person who signed the protest and filed with…
- § 35266 If a proceeding is terminated by the filing of a majority protest a new petition for the same purpose may not be filed until the expiration of one year from…
- § 35267 The hearing may be continued from time to time at the discretion of the legislative body.
- § 35268 At the hearing the legislative body may alter the boundaries of the proposed district as it finds to be proper and advisable and shall define and establish the…
- § 35269 At the hearing the legislative body may increase, decrease, change, or otherwise modify the acquisitions or improvements to be made, but the legislative body…
- § 35269.5 If the legislative body proposes to make changes in the boundaries of the proposed district or in the acquisitions and improvements, it shall take the…
- § 35270 The legislative body shall not change any boundaries or acquisitions and improvements, except after notice of intention to do so is published pursuant to…
- § 35271 Written objections to any proposed change may be filed with the clerk of the legislative body by any interested person at any time prior to the hour set for…
- § 35272 The legislative body shall hear and pass upon objections to proposed changes at the time appointed or at any time to which the hearing may be adjourned. Its…
- § 35272.5 If the boundaries are changed, protests objecting to the formation of the district made by owners of real property excluded by the change shall not be counted…
- § 35273 At the conclusion of the hearing fixed by the resolution of intention, if no majority protest is on file and if all protests and objections, including protests…
- § 35273.1 The legislative body shall not pass any ordinance forming a district under this part until it shall have procured such information as it deems necessary and…
- § 35274 Any district formed pursuant to this part may be named “Parking District No. ____ of the City of ____.”
- § 35275 Any objections or protests not made at the time and in the manner provided in this chapter are deemed waived voluntarily. Proceedings under this chapter shall…
- § 35276 No action, proceeding or defense to correct, set aside, cancel, avoid, annul or otherwise attack any proceedings under this part up to and including the…
CHAPTER 2.1. Use of City Lands as Parking Places §§ 35300–35305 · 6 sections
- § 35300 As used in this chapter, the term “city lands” means lands already owned by the city which are located within the boundaries of an existing or proposed…
- § 35301 The legislative body, at any time after the filing of a petition for the formation of such district, may by ordinance declare and agree that city lands shall…
- § 35302 The petition for the formation of the district under this part may propose that the legislative body shall adopt such an ordinance with respect to any city…
- § 35303 If such ordinance is adopted after the hearing on the resolution of intention, said ordinance shall be adopted in the manner provided in this section. If no…
- § 35304 Compensation to be paid the city for said city lands shall be paid only from contributions which may be made to the city for that purpose or from revenues…
- § 35305 Whenever an ordinance is adopted pursuant to this section, whether in response to a proposal made in the petition or otherwise, the legislative body may, at…
CHAPTER 3. Bonds, Acquisitions and Improvements §§ 35402–35432 · 36 sections
- § 35402 The legislative body may by ordinance, resolution, or indenture provide for the issuance of bonds of the district in an amount not exceeding the amount…
- § 35402.2 If at any time the legislative body finds that the proceeds of the bonds first issued will be insufficient to make all of the acquisitions and improvements…
- § 35402.3 If at any time, either before or after issuing bonds, the legislative body so determines, it may at one time or from time to time add to, eliminate, change or…
- § 35402.4 At any time prior to the issuance of bonds, the legislative body may change the boundaries of the district after notice and hearing in the same manner as…
- § 35403 The legislative body shall describe the form of bonds and of the interest coupons to be attached thereto.
- § 35404 The bonds shall all mature within 35 years after the date thereof and shall be payable at the times and at the place to be fixed by the legislative body and…
- § 35405 The legislative body may make all or any portion of the bonds callable for redemption before maturity at such time, price, and other conditions as it…
- § 35406 The bonds shall be issued in such denomination or denominations as the legislative body may prescribe and payable on the day fixed in the bonds, with interest…
- § 35407 The bonds shall be signed by the mayor of the city or by such other officer as the legislative body in the ordinance, resolution or indenture authorizes and…
- § 35408 The interest coupons on the bonds shall be numbered consecutively and signed by the treasurer.
- § 35409 All of the signatures on the bonds and interest coupons may be made by printed, lithographed, or engraved facsimile except the countersignature of the clerk,…
- § 35410 If any officer whose signature or countersignature appears on the bonds or coupons ceases to be such officer before the delivery of the bonds to the purchaser,…
- § 35411 The bonds shall state in substance that: (a) The bond and interest are payable solely from: (1) The gross or net, as the case may be, revenues from the…
- § 35412 The ordinance, resolution, or indenture providing for the issuance of the bonds may also provide for the maintenance and operation of the parking facilities,…
- § 35413 The ordinance, resolution, or indenture providing for the issuance of the bonds may also provide for the installation of parking meters on the public ways…
- § 35414 The ordinance, resolution, or indenture providing for the issuance of the bonds may also provide for the levy each year, if so provided in the petition and in…
- § 35414.1 If the petition for the formation of a district and the resolution of intention to form the district state that this section shall apply to proceedings taken…
- § 35415 The ordinance, resolution, or indenture providing for the issuance of the bonds may also provide for interest and redemption funds, sinking funds, reserve…
- § 35415.5 The ordinance, resolution or indenture providing for the issuance of the bonds may also provide for restrictions on the operation by the city or the district…
- § 35416 The ordinance, resolution, or indenture may also contain any other provisions, not inconsistent with this part, which are necessary or desirable to carry out…
- § 35417 The provisions of the ordinance, resolution, or indenture shall constitute covenants for the benefit and protection of the holders of the bonds, and any holder…
- § 35418 Any provision of the ordinance, resolution, or indenture, except a provision as to the amount or time of payment of principal or interest on the bonds, may be…
- § 35419 The legislative body may sell the bonds at a price below the par or face value, provided that the discount on any bonds so sold shall not exceed 8 percent of…
- § 35420 Before selling all or any part of the bonds, the legislative body shall give notice inviting sealed bids in such mannner as it prescribes.
- § 35421 If satisfactory bids are received, the bonds offered for sale shall be awarded to the highest responsible bidder.
- § 35422 If no bids are received, or if the legislative body determines that the bids received are not satisfactory as to price or responsibility of the bidders, it may…
- § 35423 The proceeds of the sale of the bonds shall be placed in the city treasury to the credit of the proper district fund and applied exclusively to the objects and…
- § 35424 The proceeds may be used to pay the interest on the bonds during the period of construction of any parking place and for a period of six months thereafter,…
- § 35425 The bonds and the interest coupons thereof shall be negotiable instruments.
- § 35426 With the proceeds from the sale of the bonds and with any money which the city has agreed to contribute for the purpose, the city by and through its proper…
- § 35427 All contracts for the construction of any improvements shall be let and entered into as other contracts are let and entered into by the city.
- § 35428 When the acquisitions and improvements have been accomplished, any unexpended bond proceeds shall be placed in any fund for the payment or securing of the…
- § 35429 After the bonds and all interest thereon have been fully paid, or prior thereto to the extent permitted by express provision of the ordinance, resolution, or…
- § 35430 Whenever a district has been formed under this part and a bonded indebtedness has been incurred for public parking facilities as provided in this part,…
- § 35431 Notwithstanding the provisions of Section 35429, the bonds issued under Section 35430 to provide additional public parking facilities for the district may in…
- § 35432 The bonds issued under Section 35430 to provide additional public parking facilities for the district may in part be secured by those net revenues from parking…
CHAPTER 3.5. Assessments and Bonds for Assessments §§ 35450–35549.1 · 66 sections
ARTICLE 1. General Provisions § 35450 · 1 section
- § 35450 Unless otherwise provided, the definitions contained in Part 1 (commencing with Section 5000) of Division 7 (the Improvement Act of 1911), govern the…
ARTICLE 2. Assessments §§ 35460–35483 · 28 sections
- § 35460 If the legislative body on behalf of a district formed under this part has previously issued bonds pursuant to Chapter 3 (commencing with Section 35400) of…
- § 35461 In the resolution, the legislative body shall order the engineer to make and deliver a diagram of the parking places for which the outstanding bonds were…
- § 35462 The diagram shall show: (a) The parking places for which the outstanding bonds were issued. (b) Each separate lot or parcel of land within the district. (c)…
- § 35463 The diagram shall be delivered to the street superintendent who shall endorse the date of such delivery on the diagram.
- § 35464 Upon receiving the diagram, the street superintendent shall assess the total amount necessary for the redemption of the outstanding bonds against the land…
- § 35465 All land within the district shall be assessed to provide the funds necessary for the redemption of the outstanding bonds, except: (a) Land owned by the United…
- § 35466 A lot or parcel of land in a public use belonging to the state or to a county, city, district, or other public corporation, public agent, mandatory of the…
- § 35467 An assessment upon public property is an enforceable obligation against the owner or the governing body controlling the property and shall be paid by the…
- § 35468 If no money is available for the payment of an assessment of public property, the board or officer whose duty it is to levy taxes for the owner of the public…
- § 35469 The assessment shall be made, notice given, hearing held, and the assessment confirmed and recorded substantially in the manner provided in Chapter 16…
- § 35469.5 The notice published pursuant to Section 5362 and the notices mailed pursuant to Section 5363 shall also contain a statement that the legislative body has…
- § 35469.6 At the hearing and prior to consideration of the correctness of the assessment and diagram, the legislative body shall hear and consider all protests to the…
- § 35469.7 If there is no such majority protest and if all protests to the proceedings are overruled, the legislative body may proceed with the hearing on the correctness…
- § 35469.8 The legislative body may not confirm the assessment unless the owners of a majority in area of the lands in the district subject to assessment have filed with…
- § 35470 After the assessment roll is recorded, all persons are deemed to have notice of its contents.
- § 35471 Immediately upon the recording, the several assessments contained in the assessment roll are due and payable, and each assessment is a lien upon the property…
- § 35472 The lien, whether bonds issued to represent the assessment or otherwise, shall be subordinate to all fixed special assessment liens previously imposed upon the…
- § 35473 Any deed issued in the foreclosure of the assessment lien or sale of property for the lien conveys the property to the purchaser free and clear of all…
- § 35474 Any action or proceeding to set aside, cancel, avoid, annul, or correct any assessment or reassessment, or to review any of the proceedings, acts, or…
- § 35475 Proceedings under this chapter shall not be attacked upon any ground not stated in an objection or protest filed pursuant to this chapter. Any landowner or…
- § 35476 The officer with whom the assessment is recorded shall give notice that the assessment has been recorded in his office and that all sums assessed in it become…
- § 35477 The notice shall also contain a statement that bonds to represent each assessment, or the unpaid balance thereof, remaining unpaid after 30 days will issue in…
- § 35478 The notice shall be published twice in a daily or weekly newspaper of general circulation printed and published in the city in which the assessed land lies.
- § 35479 Notice shall also be given by mailing a post card to the owner of each lot, piece, or parcel of land assessed, according to the name and address appearing on…
- § 35480 Failure of the officer with whom the assessment is recorded to give notice by mailing, or of the person addressed to receive the notice, shall not affect the…
- § 35481 When any payment is made upon an assessment, the street superintendent shall mark opposite the assessment “Paid in full” or “Paid in part,” as the case may be,…
- § 35482 After the expiration of 30 days from the date of recording the assessment, the superintendent of streets shall make a complete list of all assessments unpaid…
- § 35483 All unpaid assessments upon public property shall be collected pursuant to this article, but if the property is not in use in the performance of a public…
ARTICLE 3. Bonds for Assessments §§ 35500–35512 · 13 sections
- § 35500 Bonds shall be issued pursuant to this article.
- § 35501 The list of unpaid assessments shall be certified and filed with the city treasurer. Upon the filing of the list, the city treasurer shall make out and sign a…
- § 35502 The legislative body shall sell the bonds for cash for not less than the amount of the assessments represented by the bonds.
- § 35503 At any time after the assessment is recorded, the legislative body may call for sealed bids on the bonds proposed to be issued. Notice inviting bids shall be…
- § 35504 The legislative body shall sell the bonds for cash, and if bids are made, for cash to the best responsible bidder.
- § 35505 The bonds may be sold at any rate of interest not exceeding that stated in the resolution of intention. The maximum interest rate shall not exceed 7 percent a…
- § 35506 The bonds shall extend over a period not to exceed 24 years from January 2nd next succeeding the next September 1st following their date.
- § 35507 Upon the award of the bonds to a purchaser, the treasurer shall issue bonds representing the liens of the unpaid assessments as shown on the list and bearing…
- § 35508 The treasurer shall deliver the bonds to the purchaser upon receiving the purchase price bid. The purchase price shall be deposited in the fund for the…
- § 35509 Except as otherwise provided in this article, bonds to be issued pursuant to this article shall be issued pursuant to Part 5 (commencing with Section 6400) of…
- § 35510 The date of the bonds shall be the date selected and specified for that purpose by the legislative body in the resolution or order calling for sealed bids upon…
- § 35511 Where an action or proceeding is brought to set aside, cancel, avoid, annul, or correct any assessment or reassessment, or to review any of the proceedings,…
- § 35512 The bonds shall be substantially in the following form: Parking District No. (Number of district) of the City of _______________ Improvement Bond $ No. Under…
ARTICLE 4. Disposition of Funds §§ 35520–35522 · 3 sections
- § 35520 From time to time the street superintendent shall pay to the treasurer all money collected by him on account of any assessment levied pursuant to this chapter.…
- § 35521 Moneys in the fund clearly in excess of the amount necessary to redeem the outstanding bonds as hereinafter provided may be used to pay the costs and expenses…
- § 35522 When a fund has been established under this chapter sufficient to redeem all outstanding bonds previously issued on behalf of the district pursuant to Chapter…
ARTICLE 5. Reassessment §§ 35530–35549.1 · 21 sections
- § 35530 A reassessment shall be issued in any of the following events: (a) When an assessment made, issued, or filed in the office of the clerk, or any bonds issued to…
- § 35531 It is the intent of this article to make the cost of the redemption of bonds issued pursuant to Chapter 3 (commencing with Section 35400) of this part through…
- § 35532 Whenever the owner or holder of any bonds issued to represent or to be secured by assessments requests the legislative body to order a reassessment and the…
- § 35533 If, in any suit involving the validity of the obligation of any bond or assessment, a court of competent jurisdiction for any reason holds the lien of the…
- § 35534 If, in any suit to set aside the lien of any assessment or of any bond representing any assessment, or in any suit to quiet title against the lien of any such…
- § 35535 If, in any suit contesting the validity and legal force and effect of a sale to foreclose the lien of any assessment or bond, a court of competent jurisdiction…
- § 35536 If a reassessment is directed, by a decree of court or by an order of the legislative body, the street superintendent shall proceed to make a reassessment.
- § 35537 If the reassessment is a partial one only, it is not necessary for the diagram to show any lots other than those covered by the partial reassessment. If it is…
- § 35538 The reassessment shall assess upon and against each of the lots or parcels of land contained in it an amount determined as follows: (a) The benefits derived by…
- § 35539 The total of the reassessment, exclusive of interest, shall not exceed the total amount necessary for the redemption of the bonds which are outstanding.
- § 35540 The reassessment need not be in any prescribed form. It shall: (a) Refer to the original assessment and set forth the date it was filed. (b) State that it is…
- § 35541 The reassessment shall be presented to the legislative body, which shall fix a time for hearing. The hearing shall be at least 20 days after the presentation…
- § 35542 The clerk shall advertise the time of hearing by publishing a notice in the newspaper in the city in which the parking place for which the bonds were issued is…
- § 35543 At the time fixed for the hearing, or at any time to which the hearing is adjourned, the legislative body shall consider the objections to the reassessment and…
- § 35544 When the reassessment is revised, corrected, or modified to comply with its judgment the legislative body shall pass a resolution confirming the reassessment.
- § 35545 The clerk shall certify at the end of the reassessment, that it is the reassessment approved by the legislative body.
- § 35546 The street superintendent shall record the reassessment with the clerk’s certificate.
- § 35547 The street superintendent shall note opposite the several assessments in the original assessment that have been displaced by the reassessment the fact that the…
- § 35548 The reassessment shall be collected, paid, and enforced in the same manner as an original assessment, and shall have the same weight in evidence.
- § 35549 If bonds were issued under or upon the security of the original assessment, they shall issue upon the reassessment for the sum reassessed against the lots or…
- § 35549.1 When the reassessment is recorded, the original assessment shall be canceled by the street superintendent so far as it affects the particular assessments…
CHAPTER 4. Parking Place Commission §§ 35550–35573 · 25 sections
- § 35550 Immediately upon the acquisition of the parking places, a parking place commission shall be appointed. In the discretion of the legislative body, the…
- § 35550.1 At its discretion, the legislative body of any city may, by ordinance, provide for the appointment, removal, qualifications, terms of office and numbers of…
- § 35551 The commission shall consist of three members, each of whom shall be a resident and qualified elector of the city.
- § 35552 Members of the commission shall serve without compensation, unless the legislative body determines that compensation shall be paid and fixes the compensation…
- § 35553 Members of the commission shall be appointed by the chief executive officer of the city, subject to confirmation by the legislative body.
- § 35554 The commissioners shall hold office for the term of three years from the date of their appointment and qualification and until their successors are appointed…
- § 35554.5 A commissioner appointed to fill a vacancy created by the death, resignation, incapacity or removal of a commissioner shall hold office for the unexpired term…
- § 35555 A commissioner may be removed by a four-fifths vote of the legislative body at any time.
- § 35556 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…
- § 35557 Whenever a petition signed by the owners of real property in the district of an assessed value of more than fifty percent (50%) of the total assessed value of…
- § 35558 The parking places acquired are under the jurisdiction and control of the commission of the district.
- § 35559 The commission shall operate, manage, and control the parking places and make and enforce all necessary rules for their use.
- § 35560 The commission may fix, regulate, and collect rentals, fees, or other charges for the use of parking places under its control, and may provide different rates…
- § 35561 The providing of adequate public parking places in cities largely depends upon the formation of parking districts. Such districts will be created and will be…
- § 35562 All parking places acquired and constructed pursuant to this part are public parking places, but, if the ordinance, resolution, or indenture providing for the…
- § 35564 All employees required for the proper operation, management, and control of the parking places acquired and constructed under this part shall be city employees…
- § 35565 The commission shall fix such rentals, fees, or charges for the use of parking places under its control as will produce revenue, when added to the expected…
- § 35566 If the petition for the formation of a district and the resolution of intention to form the district state that this section and Section 35414.1 shall apply to…
- § 35567 The commission shall abide by all covenants made by the legislative body in the issuance of the bonds.
- § 35568 In the exercise of its power to operate, manage, and control parking places, the commission may lease any or all parking places to any person for the sole…
- § 35569 The maximum rentals, fees, and charges to be collected by the operator shall be fixed by the commission after public hearing following such notice as the…
- § 35570 The commission or any operator shall not conduct any business other than that of the operation of public parking facilities on any parking place of the…
- § 35571 If the ordinance, resolution, or indenture providing for the issuance of the bonds provides for the levy of an ad valorem assessment upon the taxable real…
- § 35572 To provide revenues for the district, at any time prior to the formation of the district, or after the formation of the district and prior to the appointment…
- § 35573 If the petition for the formation of a district under this part expressly so authorizes, at any time and following a hearing after such notice as the…
CHAPTER 5. Miscellaneous §§ 35700–35708 · 9 sections
- § 35700 Notwithstanding any agreement made pursuant to this part, as a covenant to bondholders or otherwise, to maintain parking meters on specified public ways in the…
- § 35701 Any agreement to maintain parking meters on a public way shall not affect the right of a city, acting by virtue of its police power, to control, regulate, or…
- § 35702 All property acquired pursuant to this part shall be condemned or acquired in the name of the city, and title to such property shall be in the city, subject to…
- § 35703 In instances where a district is formed under this part in any charter city, if under the provisions of the charter any power, jurisdiction, authority or duty…
- § 35704 As long as any of the bonds of the district or any interest thereon remains unpaid, the parking places acquired for the district shall be used as public…
- § 35705 After the bonds of the district and all interest thereon have been paid the property shall continue to be used as public parking places. However, such use may…
- § 35706 As an alternative to the provisions of Section 35705, and to the extent authorized in the covenants contained in the ordinance, resolution or indenture…
- § 35707 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…
- § 35708 At any time following the formation of a district under this part and the issuance of the initial issue of bonds, any parcel of land may be added to the…
PART 5. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1965 §§ 36000–36081 · 21 sections
CHAPTER 1. General §§ 36000–36004 · 5 sections
- § 36000 The purpose of this part is to authorize cities to impose a tax on businesses within a parking and business improvement area which is in addition to the…
- § 36001 “Parking and business improvement area” or “area” as used in this part means an area designated as provided in this part.
- § 36002 “Business” as used in this part means all types of business, including professions.
- § 36003 The city council shall have sole discretion as to how the revenue derived from the tax is to be used within the scope of the above purposes; however, the city…
- § 36004 This part is intended to be construed liberally and in the event any provision thereof should be held invalid, the remaining provisions shall remain in full…
CHAPTER 2. Establishment §§ 36020–36027 · 8 sections
- § 36020 A parking and business improvement area may be established as provided in this chapter.
- § 36021 The city council shall adopt a resolution of intention to establish an area. The resolution shall contain the following information: (a) Description of the…
- § 36022 Notice of a hearing held under Section 36021, 36061, or 36080 shall be given by both of the following: (a) One publication of the resolution of intention in a…
- § 36023 Whenever a hearing is held under this part, the city council shall hear all protests and receive evidence for or against the proposed action; the council shall…
- § 36024 If the council decides to change the boundaries of the proposed area, the hearing shall be continued to a time at least 15 days after such decision and notice…
- § 36025 If the council, following the hearing, decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the…
- § 36026 The city council may, for each of the purposes set out in Section 36000, establish and modify one or more separate benefit zones based upon the degree of…
- § 36027 All provisions of this part applicable to establishment or disestablishment of an area also apply to the establishment, modification, or disestablishment of…
CHAPTER 3. Classification of Businesses §§ 36040–36041 · 2 sections
- § 36040 For purposes of the tax or additional tax to be imposed pursuant to this part, the city council may make a reasonable classification of businesses, giving…
- § 36041 Businesses recently established in the area may be exempted from the tax, imposed pursuant to this part, for a period not exceeding one year from the date they…
CHAPTER 4. Taxation §§ 36060–36063 · 4 sections
- § 36060 The collection of the tax imposed pursuant to this part shall be made at the same time and in the same manner as any other business license tax or in such…
- § 36061 Changes may be made in the rate or additional rate or levy or in the uses to which the revenue shall be put as specified in the ordinance establishing the…
- § 36062 The tax need not be imposed on different classes, established pursuant to Chapter 3 (commencing with Section 36040) of the business on the same basis or at the…
- § 36063 The tax levied hereunder must be for the purposes specified in the ordinances and the proceeds shall not be used for any other purpose.
CHAPTER 5. Disestablishment §§ 36080–36081 · 2 sections
- § 36080 The city council may disestablish an area by ordinance after a hearing before the city council. The city council shall adopt a resolution of intention to…
- § 36081 Upon disestablishment of an area, any proceeds of the tax, or assets acquired with such proceeds, shall be subject to disposition as the city council shall…
PART 6. PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 §§ 36500–36551 · 42 sections
CHAPTER 1. General Provisions §§ 36500–36515 · 16 sections
ARTICLE 1. Declarations §§ 36500–36504 · 5 sections
- § 36500 This part shall be known and may be cited as the “Parking and Business Improvement Area Law of 1989.”
- § 36501 (a) The Legislature finds and declares that businesses located and operating within the business districts of this state’s communities are economically…
- § 36502 The purpose of this part is to recodify and supplant previously enacted provisions of law which authorize cities to levy assessments on businesses within a…
- § 36503 Any provision of this part which conflicts with any other provision of law shall prevail over the other provision of law.
- § 36504 This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect. If the…
ARTICLE 2. Definitions §§ 36505–36513 · 10 sections
- § 36505 “Advisory board” means the advisory board or commission appointed by the city council pursuant to Section 36530.
- § 36506 “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and promoting activities which will benefit the…
- § 36507 “Business” means all types of businesses and includes financial institutions and professions.
- § 36508 “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of…
- § 36509 “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers…
- § 36509.5 “Clerk” means clerk of the legislative body.
- § 36510 “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more…
- § 36511 “Parking and business improvement area,” or “area,” means an area designated as provided in this part.
- § 36512 “Property” means real property situated within an area.
- § 36513 “Activities” means, but is not limited to, all of the following: (a) Promotion of public events which benefit businesses in the area and which take place on or…
ARTICLE 3. Prior Law § 36515 · 1 section
- § 36515 Every improvement area established prior to January 1, 1990, pursuant to the Parking and Business Improvement Area Law of 1979 (former Part 6 (commencing with…
CHAPTER 2. Establishment §§ 36520–36529 · 12 sections
- § 36520 A parking and business improvement area may be established as provided in this chapter.
- § 36521 The city council may establish an area on its own initiative.
- § 36521.5 A county may not form an area within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form an area…
- § 36522 Proceedings to establish a parking and business improvement area shall be instituted by the adoption by the city council of a resolution of intention to…
- § 36523 Notice of a public hearing held under Section 36524, 36541, 36542, or 36550 shall be given by both of the following: (a) Publishing the resolution of intention…
- § 36523.5 Notwithstanding Section 36523, prior to adopting any new or increased assessment, the city council shall give notice pursuant to Section 54954.6 of the…
- § 36524 (a) At the public hearing, the city council shall hear and consider all protests against the establishment of the area, the extent of the area, or the…
- § 36525 (a) If written protests are received from the owners of businesses in the proposed area which will pay 50 percent or more of the assessments proposed to be…
- § 36526 (a) At the conclusion of the public hearing to establish the area, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the…
- § 36527 If the city council, following the public hearing, decides to establish the proposed parking and business improvement area, it shall adopt an ordinance to that…
- § 36528 The city council may establish one or more separate benefit zones within the area based upon the degree of benefit derived from the improvements or activities…
- § 36529 All provisions of this part applicable to the establishment, modification, or disestablishment of a parking and business improvement area apply to the…
CHAPTER 3. Assessments §§ 36530–36538 · 9 sections
- § 36530 The city council shall appoint an advisory board which shall make a recommendation to the city council on the expenditure of revenues derived from the levy of…
- § 36531 The city council may exempt a business recently established in the area from the levy of the assessments, for a period not to exceed one year from the date the…
- § 36532 The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the ordinance…
- § 36533 (a) The advisory board shall cause to be prepared a report for each fiscal year for which assessments are to be levied and collected to pay the costs of the…
- § 36534 (a) After the approval of the report, the city council shall adopt a resolution of intention to levy an annual assessment for that fiscal year. The resolution…
- § 36535 (a) The city council shall hold the public hearing at the time and in the place specified in the resolution of intention. The public hearing shall be conducted…
- § 36536 The assessments levied on businesses pursuant to this part shall be levied on the basis of the estimated benefit to the businesses and property within the…
- § 36537 The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30…
- § 36538 (a) An assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of Section 1770…
CHAPTER 4. Modification of Boundaries, Assessments, Improvements, or Activities §§ 36540–36542 · 3 sections
- § 36540 In addition to the changes authorized to be made in the annual report filed with the city council pursuant to Section 36533 or at the conclusion of the public…
- § 36541 (a) The city council shall modify the basis and method of levying the assessment or the boundaries of the area by adopting an ordinance after holding a public…
- § 36542 (a) The city council may modify the improvements and activities to be funded with the revenue derived from the levy of the assessments by adopting a resolution…
CHAPTER 5. Disestablishment §§ 36550–36551 · 2 sections
- § 36550 (a) The city council may disestablish an area by adopting an ordinance after holding a public hearing on the disestablishment, as provided in this section. (b)…
- § 36551 (a) Upon the disestablishment of an area, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired…
PART 7. PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994 §§ 36600–36671 · 50 sections
CHAPTER 1. General Provisions §§ 36600–36617 · 24 sections
ARTICLE 1. Declarations §§ 36600–36604 · 6 sections
- § 36600 This part shall be known and may be cited as the “Property and Business Improvement District Law of 1994.”
- § 36601 The Legislature finds and declares all of the following: (a) Businesses located and operating within business districts in some of this state’s communities are…
- § 36602 The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments within property and business…
- § 36603 Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for…
- § 36603.5 Any provision of this part that conflicts with any other provision of law shall prevail over the other provision of law, as to districts created under this…
- § 36604 This part is intended to be construed liberally and, if any provision is held invalid, the remaining provisions shall remain in full force and effect.…
ARTICLE 2. Definitions §§ 36606–36616 · 17 sections
- § 36606 “Activities” means, but is not limited to, all of the following that benefit businesses or real property in the district: (a) Promotion of public events. (b)…
- § 36606.5 “Assessment” means a levy for the purpose of acquiring, constructing, installing, or maintaining improvements and providing activities that will provide…
- § 36607 “Business” means all types of businesses and includes financial institutions and professions.
- § 36608 “City” means a city, county, city and county, or an agency or entity created pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7 of…
- § 36609 “City council” means the city council of a city or the board of supervisors of a county, or the agency, commission, or board created pursuant to a joint powers…
- § 36609.4 “Clerk” means the clerk of the legislative body.
- § 36609.5 “General benefit” means, for purposes of a property-based district, any benefit that is not a “special benefit” as defined in Section 36615.5.
- § 36610 “Improvement” means the acquisition, construction, installation, or maintenance of any tangible property with an estimated useful life of five years or more…
- § 36611 “Management district plan” or “plan” means a proposal as defined in Section 36622.
- § 36612 “Owners’ association” means a private nonprofit entity that is under contract with a city to administer or implement improvements, maintenance, and activities…
- § 36614 “Property” means real property situated within a district.
- § 36614.5 “Property and business improvement district,” or “district,” means a property and business improvement district established pursuant to this part.
- § 36614.6 “Property-based assessment” means any assessment made pursuant to this part upon real property.
- § 36614.7 “Property-based district” means any district in which a city levies a property-based assessment.
- § 36615 “Property owner” means any person shown as the owner of land on the last equalized assessment roll or otherwise known to be the owner of land by the city…
- § 36615.5 (a) “Special benefit” means, for purposes of a property-based district, a particular and distinct benefit over and above general benefits conferred on real…
- § 36616 “Tenant” means an occupant pursuant to a lease of commercial space or a dwelling unit, other than an owner.
ARTICLE 3. Prior Law § 36617 · 1 section
- § 36617 This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other…
CHAPTER 2. Establishment §§ 36620–36630 · 12 sections
- § 36620 A property and business improvement district may be established as provided in this chapter.
- § 36620.5 A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a…
- § 36621 (a) Upon the submission of a written petition, signed by the property or business owners in the proposed district who will pay more than 50 percent of the…
- § 36622 The management district plan shall include, but is not limited to, all of the following: (a) If the assessment will be levied on property, a map of the…
- § 36623 (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedure shall comply with Section 53753 of…
- § 36624 At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the…
- § 36625 (a) If the city council, following the public hearing, decides to establish a proposed property and business improvement district, the city council shall adopt…
- § 36627 Following adoption of the resolution establishing district assessments on properties pursuant to Section 36625, the clerk shall record a notice and an…
- § 36628 The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or…
- § 36628.5 The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure…
- § 36629 All provisions of this part applicable to the establishment, modification, or disestablishment of a property and business improvement district apply to the…
- § 36630 If a property and business improvement district expires due to the time limit set pursuant to subdivision (h) of Section 36622, a new management district plan…
CHAPTER 3. Assessments §§ 36631–36638 · 8 sections
- § 36631 The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution…
- § 36632 (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the…
- § 36633 The validity of an assessment levied under this part shall not be contested in an action or proceeding unless the action or proceeding is commenced within 30…
- § 36634 The city council may execute baseline service contracts that would establish levels of city services that would continue after a property and business…
- § 36635 The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan…
- § 36636 (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the…
- § 36637 Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section…
- § 36638 (a) A business assessment pursuant to this part is a fee imposed by a government on the transaction for purposes of paragraph (29) of subdivision (a) of…
CHAPTER 3.5. Financing § 36640 · 1 section
- § 36640 (a)The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed…
CHAPTER 4. Governance §§ 36650–36651 · 2 sections
- § 36650 (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and…
- § 36651 The management district plan may, but is not required to, state that an owners’ association will provide the improvements, maintenance, and activities…
CHAPTER 5. Renewal § 36660 · 1 section
- § 36660 (a) Any district previously established whose term has expired, or will expire, may be renewed by following the procedures for establishment as provided in…
CHAPTER 6. Disestablishment §§ 36670–36671 · 2 sections
- § 36670 (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to…
- § 36671 (a) Upon the disestablishment or expiration without renewal of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy…
PART 8. MULTIFAMILY IMPROVEMENT DISTRICTS §§ 36700–36745 · 33 sections
CHAPTER 1. General Provisions §§ 36700–36705 · 6 sections
- § 36700 This part shall be known and may be cited as the “Multifamily Improvement District Law.”
- § 36701 The Legislature finds and declares all of the following: (a) Many businesses that operate multifamily residential properties and commercial properties within…
- § 36702 The purpose of this part is to supplement previously enacted provisions of law that authorize cities to levy assessments pursuant to the Parking and Business…
- § 36703 This part provides an alternative method of financing certain improvements and activities. The provisions of this part shall not affect or limit any other…
- § 36704 (a) Nothing in this part is intended to preempt the authority of a charter city to adopt ordinances providing for a different method of levying assessments for…
- § 36705 As used in this part: (a) “Activities” means, but is not limited to, all of the following: (1) Providing security services supplemental to those normally…
CHAPTER 2. Formation §§ 36710–36722 · 13 sections
- § 36710 (a) A multifamily improvement district may be established pursuant to this chapter. (b) A city may not form a multifamily improvement district on or after…
- § 36711 A county may not form a district within the territorial jurisdiction of a city without the consent of the city council of that city. A city may not form a…
- § 36712 (a) Upon the submission of a written petition, signed by either property owners paying more than two-thirds of the proposed assessment or by business owners…
- § 36713 The management district plan shall contain all of the following: (a) A map of the proposed district in sufficient detail to locate each parcel of property and,…
- § 36714 (a) If a city council proposes to levy a new or increased property assessment, the notice and protest and hearing procedures shall comply with Section 53753 of…
- § 36715 At the conclusion of the public hearing to establish the district, the city council may adopt, revise, change, reduce, or modify the proposed assessment or the…
- § 36716 (a) If the city council, following the public hearing, decides to establish the proposed district, the city council shall adopt a resolution of formation that…
- § 36717 If the city council, following the public hearing, desires to establish the proposed district, and the city council has not made changes pursuant to Section…
- § 36718 Following the adoption of the resolution establishing the district pursuant to Section 36716 or 36717, the clerk shall record a notice and an assessment…
- § 36719 The city council may establish one or more separate benefit zones within the district based upon the degree of benefit derived from the improvements or…
- § 36720 The city council may levy assessments on businesses or on property owners, or a combination of the two, pursuant to this part. The city council shall structure…
- § 36721 All provisions of this part applicable to the establishment, modification, or disestablishment of a district apply to the establishment, modification, or…
- § 36722 If a district expires due to the time limit set pursuant to subdivision (h) of Section 36713, a new management district plan may be created and a new district…
CHAPTER 3. Assessments §§ 36730–36737 · 8 sections
- § 36730 The collection of the assessments levied pursuant to this part shall be made at the time and in the manner set forth by the city council in the resolution…
- § 36731 (a) The assessments levied on real property pursuant to this part shall be levied on the basis of the estimated benefit to the real property within the…
- § 36732 The validity of an assessment levied under this part shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30…
- § 36733 The city council may execute baseline service contracts that would establish levels of city services that would continue after a district has been formed.
- § 36734 The owners’ association may, at any time, request that the city council modify the management district plan. Any modification of the management district plan…
- § 36735 (a) Upon the written request of the owners’ association, the city council may modify the management district plan after conducting one public hearing on the…
- § 36736 Any subsequent modification of the resolution shall be reflected in subsequent notices and maps recorded pursuant to Division 4.5 (commencing with Section…
- § 36737 (a) The city council may, by resolution, determine and declare that bonds shall be issued to finance the estimated cost of some or all of the proposed…
CHAPTER 4. Governance §§ 36740–36745 · 6 sections
- § 36740 Notwithstanding any other provision of this part, an owners’ association shall comply with the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of…
- § 36741 (a) The owners’ association shall cause to be prepared a report for each fiscal year, except the first year, for which assessments are to be levied and…
- § 36742 The management district plan may, but is not required to, state that an owners’ association will provide the improvements or activities described in the…
- § 36743 (a) Any district previously established whose term has expired, may be renewed by following the procedures for establishment as provided in this chapter. (b)…
- § 36744 (a) Any district established or extended pursuant to the provisions of this part, where there is no indebtedness, outstanding and unpaid, incurred to…
- § 36745 (a) Upon the disestablishment of a district, any remaining revenues, after all outstanding debts are paid, derived from the levy of assessments, or derived…