PART 4. PARKING DISTRICT LAW OF 1951 [35100. - 35708.]
Part 4 added by Stats. 1953, Ch. 192.
§§ 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…