State Codes and Statutes

Statutes > California > Shc > 31850-31866.5

STREETS AND HIGHWAYS CODE
SECTION 31850-31866.5



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 purpose for which revenues from
fees, charges, and rentals for the use of parking places of the
district may be used, except the proceeds from the sale or lease of
property acquired with the proceeds of an assessment shall not be
applied as a credit upon any assessments except those levied for the
acquisition of the property.



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 property to some other public use
which the legislative body finds will be of general benefit to the
area comprising the district. Before making such determination the
legislative body shall hold a public hearing thereon and shall give
notice of such hearing published pursuant to Section 6061 of the
Government Code in a newspaper circulated in the city at least 10
days before such hearing. The notice shall contain a general
description of the property as to which the determination is proposed
to be made and shall contain a general description of the public use
to which such property is proposed to be devoted. The determination
shall not be made if prior to the hour fixed for the hearing, the
owners of more than one-half of the area of the lands within the
district have filed with the clerk of the legislative body written
objection to the proposed determination.




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 part.



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 acquired for the district, it shall also
determine whether property for the parking places be acquired by
lease, by contracts with installment payments, by lease with option
to purchase, by a lump sum payment, or pursuant to Section 31861. It
shall designate the property to be so leased or acquired.



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 resolution.



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 annually, or otherwise, over a period of years, but that
contract shall not provide for payments to be over a period longer
than 25 years from the date of the contract. The purchase price may
be paid from the limited taxes levied for acquisition of parking
places under Section 31822, from revenues derived from operation of
parking places of the district, or from any other funds of the
district available for the purpose.
   (b) By lease, but the lease shall not run for a period longer than
25 years. Rental on any lease may be paid from revenues derived from
the operation of parking places of the district, from the limited
taxes levied for maintenance, operation, repair, and improvement
under Section 31822, or from any other funds of the district
available for the purpose.
   (c) Under lease and option to purchase but the lease and option
shall not run for a longer period than 25 years. The purchase price
may be provided from revenues derived from operation of parking
places of the district, from the limited taxes levied for acquisition
of parking places under Section 31822, or from any other funds of
the district available for the purpose.
   (d) Pursuant to Section 31861.
   (e) Any contract of purchase, lease, or lease with option to
purchase entered into pursuant to subdivision (a), (b), or (c) may
contain agreements or covenants requiring levies pursuant to Section
31822, or requiring the fixing and collection of fees, charges, and
rentals for the use of parking places of the district, or both,
sufficient to produce funds from which the purchase price or rent
shall be paid in accordance with the terms of the contract or lease.



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 improvement of any parking
places held under lease or contract of purchase, or lease with option
to purchase.



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 may place the parking
places under the control of the board of commissioners of the
district.



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 but not exceeding 25 years from its
operative date, all or any specified amount, portion or percentage
of revenues derived by the city from parking meters on streets within
the district shall be used for the purposes specified in the
ordinance which may include the acquisition, improvement,
maintenance, repair, and operation of parking places for the use and
benefit of the district. The purposes specified in the ordinance may
also include the application of such revenues as a credit upon the
levied assessments in the same manner as is provided in Sections
31828, 31829 and 31830. From the operative date of the ordinance such
revenues shall for the period specified be placed in such fund or
funds of the district as the board of commissioners specify and may
be expended only for the purposes 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 district, a certified copy of the
resolution shall be filed with the legislative body. The legislative
body may thereafter proceed to acquire the additional parking places
and provide for their improvement by a special assessment upon the
land in the district as authorized by Section 31519.



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 vehicle parking district
created in the city, as shown by the last equalized county assessment
roll, the parking places acquired and constructed for the use or
benefit of the districts shall be managed, operated, and controlled
by a commission appointed to have charge of all parking places in the
city acquired pursuant to this part.



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 contiguous or noncontiguous to the district,
may be added to such district if the owner of such parcel files with
the legislative body a petition for such inclusion and the
legislative body grants such petition. The legislative body shall not
grant such petition until the petition has been approved by the
board of parking place commissioners of the district and until the
street superintendent has estimated the amount which such parcel
would have been assessed and taxed under all prior assessments and
special ad valorem tax levies in the district if said parcel had been
a part of said district when formed, and until the owner of such
parcel has paid to the city such estimated amount. All such amounts
paid to the city shall be placed in such fund as the board directs
and may be used for any purpose for which revenues from fees, charges
and rentals for the use of parking places of the district may be
used. If such petition is granted, such parcel shall thereafter be
entitled to the same rights as those which apply to other lands in
the district and shall be subject to all assessments and special ad
valorem taxes thereafter levied in said district under this part.



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 commissioners, may require that the owner pay
to the city an amount in addition to the amount required by and
computed under Section 31866, which additional amount shall not
exceed an amount deemed by the legislative body to be reasonable in
light of the elapse of time and changes in circumstances since the
levy of prior assessments and special ad valorem tax levies. Such
additional amount shall be placed in such fund as the board directs
and may be used for the purposes specified in Section 31866.


State Codes and Statutes

Statutes > California > Shc > 31850-31866.5

STREETS AND HIGHWAYS CODE
SECTION 31850-31866.5



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 purpose for which revenues from
fees, charges, and rentals for the use of parking places of the
district may be used, except the proceeds from the sale or lease of
property acquired with the proceeds of an assessment shall not be
applied as a credit upon any assessments except those levied for the
acquisition of the property.



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 property to some other public use
which the legislative body finds will be of general benefit to the
area comprising the district. Before making such determination the
legislative body shall hold a public hearing thereon and shall give
notice of such hearing published pursuant to Section 6061 of the
Government Code in a newspaper circulated in the city at least 10
days before such hearing. The notice shall contain a general
description of the property as to which the determination is proposed
to be made and shall contain a general description of the public use
to which such property is proposed to be devoted. The determination
shall not be made if prior to the hour fixed for the hearing, the
owners of more than one-half of the area of the lands within the
district have filed with the clerk of the legislative body written
objection to the proposed determination.




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 part.



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 acquired for the district, it shall also
determine whether property for the parking places be acquired by
lease, by contracts with installment payments, by lease with option
to purchase, by a lump sum payment, or pursuant to Section 31861. It
shall designate the property to be so leased or acquired.



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 resolution.



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 annually, or otherwise, over a period of years, but that
contract shall not provide for payments to be over a period longer
than 25 years from the date of the contract. The purchase price may
be paid from the limited taxes levied for acquisition of parking
places under Section 31822, from revenues derived from operation of
parking places of the district, or from any other funds of the
district available for the purpose.
   (b) By lease, but the lease shall not run for a period longer than
25 years. Rental on any lease may be paid from revenues derived from
the operation of parking places of the district, from the limited
taxes levied for maintenance, operation, repair, and improvement
under Section 31822, or from any other funds of the district
available for the purpose.
   (c) Under lease and option to purchase but the lease and option
shall not run for a longer period than 25 years. The purchase price
may be provided from revenues derived from operation of parking
places of the district, from the limited taxes levied for acquisition
of parking places under Section 31822, or from any other funds of
the district available for the purpose.
   (d) Pursuant to Section 31861.
   (e) Any contract of purchase, lease, or lease with option to
purchase entered into pursuant to subdivision (a), (b), or (c) may
contain agreements or covenants requiring levies pursuant to Section
31822, or requiring the fixing and collection of fees, charges, and
rentals for the use of parking places of the district, or both,
sufficient to produce funds from which the purchase price or rent
shall be paid in accordance with the terms of the contract or lease.



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 improvement of any parking
places held under lease or contract of purchase, or lease with option
to purchase.



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 may place the parking
places under the control of the board of commissioners of the
district.



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 but not exceeding 25 years from its
operative date, all or any specified amount, portion or percentage
of revenues derived by the city from parking meters on streets within
the district shall be used for the purposes specified in the
ordinance which may include the acquisition, improvement,
maintenance, repair, and operation of parking places for the use and
benefit of the district. The purposes specified in the ordinance may
also include the application of such revenues as a credit upon the
levied assessments in the same manner as is provided in Sections
31828, 31829 and 31830. From the operative date of the ordinance such
revenues shall for the period specified be placed in such fund or
funds of the district as the board of commissioners specify and may
be expended only for the purposes 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 district, a certified copy of the
resolution shall be filed with the legislative body. The legislative
body may thereafter proceed to acquire the additional parking places
and provide for their improvement by a special assessment upon the
land in the district as authorized by Section 31519.



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 vehicle parking district
created in the city, as shown by the last equalized county assessment
roll, the parking places acquired and constructed for the use or
benefit of the districts shall be managed, operated, and controlled
by a commission appointed to have charge of all parking places in the
city acquired pursuant to this part.



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 contiguous or noncontiguous to the district,
may be added to such district if the owner of such parcel files with
the legislative body a petition for such inclusion and the
legislative body grants such petition. The legislative body shall not
grant such petition until the petition has been approved by the
board of parking place commissioners of the district and until the
street superintendent has estimated the amount which such parcel
would have been assessed and taxed under all prior assessments and
special ad valorem tax levies in the district if said parcel had been
a part of said district when formed, and until the owner of such
parcel has paid to the city such estimated amount. All such amounts
paid to the city shall be placed in such fund as the board directs
and may be used for any purpose for which revenues from fees, charges
and rentals for the use of parking places of the district may be
used. If such petition is granted, such parcel shall thereafter be
entitled to the same rights as those which apply to other lands in
the district and shall be subject to all assessments and special ad
valorem taxes thereafter levied in said district under this part.



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 commissioners, may require that the owner pay
to the city an amount in addition to the amount required by and
computed under Section 31866, which additional amount shall not
exceed an amount deemed by the legislative body to be reasonable in
light of the elapse of time and changes in circumstances since the
levy of prior assessments and special ad valorem tax levies. Such
additional amount shall be placed in such fund as the board directs
and may be used for the purposes specified in Section 31866.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Shc > 31850-31866.5

STREETS AND HIGHWAYS CODE
SECTION 31850-31866.5



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 purpose for which revenues from
fees, charges, and rentals for the use of parking places of the
district may be used, except the proceeds from the sale or lease of
property acquired with the proceeds of an assessment shall not be
applied as a credit upon any assessments except those levied for the
acquisition of the property.



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 property to some other public use
which the legislative body finds will be of general benefit to the
area comprising the district. Before making such determination the
legislative body shall hold a public hearing thereon and shall give
notice of such hearing published pursuant to Section 6061 of the
Government Code in a newspaper circulated in the city at least 10
days before such hearing. The notice shall contain a general
description of the property as to which the determination is proposed
to be made and shall contain a general description of the public use
to which such property is proposed to be devoted. The determination
shall not be made if prior to the hour fixed for the hearing, the
owners of more than one-half of the area of the lands within the
district have filed with the clerk of the legislative body written
objection to the proposed determination.




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 part.



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 acquired for the district, it shall also
determine whether property for the parking places be acquired by
lease, by contracts with installment payments, by lease with option
to purchase, by a lump sum payment, or pursuant to Section 31861. It
shall designate the property to be so leased or acquired.



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 resolution.



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 annually, or otherwise, over a period of years, but that
contract shall not provide for payments to be over a period longer
than 25 years from the date of the contract. The purchase price may
be paid from the limited taxes levied for acquisition of parking
places under Section 31822, from revenues derived from operation of
parking places of the district, or from any other funds of the
district available for the purpose.
   (b) By lease, but the lease shall not run for a period longer than
25 years. Rental on any lease may be paid from revenues derived from
the operation of parking places of the district, from the limited
taxes levied for maintenance, operation, repair, and improvement
under Section 31822, or from any other funds of the district
available for the purpose.
   (c) Under lease and option to purchase but the lease and option
shall not run for a longer period than 25 years. The purchase price
may be provided from revenues derived from operation of parking
places of the district, from the limited taxes levied for acquisition
of parking places under Section 31822, or from any other funds of
the district available for the purpose.
   (d) Pursuant to Section 31861.
   (e) Any contract of purchase, lease, or lease with option to
purchase entered into pursuant to subdivision (a), (b), or (c) may
contain agreements or covenants requiring levies pursuant to Section
31822, or requiring the fixing and collection of fees, charges, and
rentals for the use of parking places of the district, or both,
sufficient to produce funds from which the purchase price or rent
shall be paid in accordance with the terms of the contract or lease.



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 improvement of any parking
places held under lease or contract of purchase, or lease with option
to purchase.



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 may place the parking
places under the control of the board of commissioners of the
district.



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 but not exceeding 25 years from its
operative date, all or any specified amount, portion or percentage
of revenues derived by the city from parking meters on streets within
the district shall be used for the purposes specified in the
ordinance which may include the acquisition, improvement,
maintenance, repair, and operation of parking places for the use and
benefit of the district. The purposes specified in the ordinance may
also include the application of such revenues as a credit upon the
levied assessments in the same manner as is provided in Sections
31828, 31829 and 31830. From the operative date of the ordinance such
revenues shall for the period specified be placed in such fund or
funds of the district as the board of commissioners specify and may
be expended only for the purposes 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 district, a certified copy of the
resolution shall be filed with the legislative body. The legislative
body may thereafter proceed to acquire the additional parking places
and provide for their improvement by a special assessment upon the
land in the district as authorized by Section 31519.



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 vehicle parking district
created in the city, as shown by the last equalized county assessment
roll, the parking places acquired and constructed for the use or
benefit of the districts shall be managed, operated, and controlled
by a commission appointed to have charge of all parking places in the
city acquired pursuant to this part.



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 contiguous or noncontiguous to the district,
may be added to such district if the owner of such parcel files with
the legislative body a petition for such inclusion and the
legislative body grants such petition. The legislative body shall not
grant such petition until the petition has been approved by the
board of parking place commissioners of the district and until the
street superintendent has estimated the amount which such parcel
would have been assessed and taxed under all prior assessments and
special ad valorem tax levies in the district if said parcel had been
a part of said district when formed, and until the owner of such
parcel has paid to the city such estimated amount. All such amounts
paid to the city shall be placed in such fund as the board directs
and may be used for any purpose for which revenues from fees, charges
and rentals for the use of parking places of the district may be
used. If such petition is granted, such parcel shall thereafter be
entitled to the same rights as those which apply to other lands in
the district and shall be subject to all assessments and special ad
valorem taxes thereafter levied in said district under this part.



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 commissioners, may require that the owner pay
to the city an amount in addition to the amount required by and
computed under Section 31866, which additional amount shall not
exceed an amount deemed by the legislative body to be reasonable in
light of the elapse of time and changes in circumstances since the
levy of prior assessments and special ad valorem tax levies. Such
additional amount shall be placed in such fund as the board directs
and may be used for the purposes specified in Section 31866.