PART 2. PARKING LAW OF 1949 [32500. - 33552.]

Part 2 added by Stats. 1951, Ch. 463.

§§ 32500–33552 · 111 sections

1. 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.
2. 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…
3. 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…
4. 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.
5. 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…
6. 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…
7. 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,…
8. 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…