Section § 35100

Explanation

This law is known as the Parking District Law of 1951, which is simply a name given to this specific part of the code for easy reference.

This part may be cited as the Parking District Law of 1951.

Section § 35101

Explanation

This section states that the definitions provided in this chapter should be used to interpret the rest of this part unless there's a reason to interpret them differently.

Unless the context otherwise requires, the definitions contained in this chapter shall govern the construction of this part.

Section § 35102

Explanation

This section defines what "legislative body" refers to, specifying that it means the city council or equivalent legislative group in the city where a district is located.

“Legislative body” means the legislative body of the city in which the district is located.

Section § 35103

Explanation

This law section defines the term “assessment roll” as the list that a city uses to determine taxes. It's essentially a record of property values within the city for taxation purposes.

“Assessment roll” means the assessment roll used by the city for purposes of city taxation.

Section § 35104

Explanation

When talking about parking meters, 'net revenues' are the amount of money left over after subtracting all the expenses related to buying, maintaining, operating, repairing, and servicing the meter, as well as the cost of gathering the money collected. It doesn't account for depreciation or whether the meter gets outdated.

“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 its maintenance, operation, repair, and servicing, and the cost of collecting the revenues therefrom, without allowance for depreciation or obsolescence.

Section § 35105

Explanation

This section defines 'real property' as land along with any buildings or structures on it.

“Real property” means land and improvements thereon.

Section § 35106

Explanation

This law defines 'parking places' as locations where cars can be parked. It includes parking lots, garages, underground areas, and buildings specifically used for parking vehicles.

“Parking places” includes parking lots, garages subsurface structures, and buildings for the parking of motor vehicles.

Section § 35107

Explanation

A city can designate a specific area as a parking district to manage parking-related needs and services.

Any portion of a city may be formed into a parking district for the purposes set forth under this part.

Section § 35108

Explanation

This section allows for various activities related to creating and managing public parking areas. It includes forming districts and acquiring land for parking and street improvements. Improvements may include building garages, paving, and lighting. Bonds can be issued for funding, with payments possibly coming from property taxes or parking meter revenues. Cities can contribute funds and promise revenue for these purposes. Engineers and attorneys may be hired to help with these activities. The section also covers acquiring property through various means, including gifts or eminent domain, and ensuring that the property is used as intended. The powers granted are broad to allow fulfilling the part's purposes.

In addition to matters specified elsewhere in this part, the acts authorized under this part include the following:
(a)CA Streets And Highways Code § 35108(a) The formation of districts.
(b)CA Streets And Highways Code § 35108(b) The acquisition of land, property, and rights of way necessary or convenient for use as public parking places for the parking of motor vehicles and for the opening, widening, straightening, or extending of streets, alleys, lanes, or walks necessary or convenient for ingress to or egress from any parking place.
(c)CA Streets And Highways Code § 35108(c) The improvement of any acquired land by the construction thereon of garages or other buildings or improvements of any kind or nature necessary or convenient for parking purposes.
(d)CA Streets And Highways Code § 35108(d) The improvement by grading, paving, draining, lighting, or otherwise of any parking place and any streets, alleys, lanes, or walks necessary or convenient for ingress to and egress from parking places.
(e)CA Streets And Highways Code § 35108(e) The issuance, sale, and payment of bonds for any or all of the foregoing purposes, and the levy and collection of ad valorem assessments upon real property within the district for the payment of all or a portion of the principal and interest of the bonds.
(f)CA Streets And Highways Code § 35108(f) The administration, maintenance, and operation of parking places acquired under this part.
(g)CA Streets And Highways Code § 35108(g) The fixing and collection of rentals, fees, and charges for the use of parking places and the use of moneys derived from the rentals, fees, and charges.
(h)CA Streets And Highways Code § 35108(h) The contribution by cities of money for the acquisition and improvement of the public parking places and public ways for ingress to and egress therefrom; the allocation and pledge of any revenues of the city derived from parking meters on public ways within the district to any of the purposes specified in this part, and the making of covenants and agreements with the bondholders to install and maintain such meters.
(i)CA Streets And Highways Code § 35108(i) The employment of engineers, attorneys, and other persons necessary or convenient for the doing of any act authorized by this part.
(j)CA Streets And Highways Code § 35108(j) The acquisition of property by gift, purchase, or eminent domain. Any conveyance of property or right of way as a gift may be conditional upon the use of the property for the purpose for which it is conveyed, or property may be conveyed to the city in trust for a particular use or uses and the conveyance may provide that upon the cessation or abandonment of such use or uses the property shall be reconveyed to the donor or to his or its successors or assigns. Any property acquired by condemnation or otherwise may be acquired in fee simple.
(k)CA Streets And Highways Code § 35108(k) The doing of all acts and things necessary or convenient for the accomplishment of the purposes of this part. The enumeration of specific authority in this part does not limit in any way the general authority granted by this subdivision.
(l)CA Streets And Highways Code § 35108(l) Any bonds issued pursuant to this part, and the interest on them, may be payable from gross or net revenues from the operation of the parking place or places acquired or improved with the bond proceeds, and may also be payable from all or part of the net revenues from parking meters on some or all of the public ways in the district. To the extent permitted by the provisions of this part, the bonds may also be payable from ad valorem assessments levied upon real property in the district within the limits provided in this part. Neither the city nor any of its officers shall be held otherwise liable for the payment of the principal and interest.

Section § 35108.5

Explanation

This law allows a government body to quickly fund improvements, like parking facilities, by transferring money into a special fund. This transfer is considered a loan and must be repaid. The repayment can come from bond proceeds, revenues from operating parking places, parking meter revenues, or property taxes in the district.

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 of available funds, such sums as may be deemed necessary, and make such acquisitions or improvements or both, and pay such incidental expenses therefrom as deemed advisable, and such sums so transferred shall be deemed a loan to such special fund, and shall be repaid either from the proceeds of the bonds issued pursuant to this part, or from the gross or net revenues from the operation of the parking place or places, or from the net revenues from parking meters on some or all of the public ways in the district, or from ad valorem assessments levied upon real property in the district.

Section § 35109

Explanation

This section ensures that any actions taken or bonds issued under this part will not be considered invalid just because they might not follow every specific rule in this part, as long as they don't violate state or federal constitutions. It also allows for any additional procedures that help achieve the goals of this part, even if they're not explicitly mentioned in the text. The intentions of this part should be interpreted broadly to fulfill its purposes.

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 and proceedings taken are not invalid under the State or Federal Constitutions. Any procedure not expressly set forth in this part but deemed necessary or convenient to carry out any purposes of this part is hereby authorized. This part shall be liberally construed.

Section § 35110

Explanation

This section of the law provides an additional way to handle a specific matter. It doesn’t change or replace related laws but offers an alternative procedure. If you choose to follow this part, only its rules will be used.

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. When proceeding under this part, its provisions only shall apply.

Section § 35111

Explanation

This law states that once an area is part of a designated parking district, it cannot be included in another parking district or a vehicle parking district at the same time. Each territory can only belong to one specific parking district.

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 district.

Section § 35112

Explanation

This law states that the rules in the Special Assessment Investigation, Limitation, and Majority Protest Act of 1931 do not apply to the proceedings in this specific part of the law.

The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply to proceedings under this part.

Section § 35113

Explanation

This law section makes it clear that all the curative clauses, which are meant to fix or salvage certain legal issues, should work together and each should be fully implemented.

The curative clauses of this part are cumulative and each is to be given full effect.