Miscellaneous - Parking District Law Of - Streets And Highways - CA

Section § 35700

This law explains when parking meters don’t need to be maintained in certain public areas within a district, even if there was an agreement to keep them. Parking meters can be removed on roads that become freeways or state highways. They also don’t need to be kept if the district’s net parking revenues were enough to cover more than one and a half times the bond payments for the previous two years. If the bond fund has enough money to cover all future bond payments, or after all bonds are fully paid, the meters can be removed. Finally, if 60% of bondholders agree in writing, meters can also be discontinued on specific roads.

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 district, parking meters need not be maintained:

(a) On any public way which has become a “freeway” or a “state highway” as defined in Sections 23.5 and 24.

(b) At any time and so long as both (1) the net revenues from the parking places of the district during each of the two next previous fiscal years and available for the payment of principal and interest on the bonds of the district equaled or exceeded one and one-half times the principal and interest which has or will come due during the current fiscal year, and (2) the money in the fund to pay principal and interest on the bonds equals or exceeds all amounts coming due on principal and interest during the next following 12 months.

(c) At any time and so long as the money in the fund to pay principal and interest on the bonds of the district equals the total of the outstanding bonds and interest thereon to maturity.

(d) At any time after the bonds of the district and the interest thereon have been fully paid.

(e) On a public way, or portion thereof, if the holders of not less than sixty percent (60%) of the outstanding bonds have agreed in writing that the maintenance of parking meters on the public way, or portion thereof, may be discontinued.

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Section § 35701

This law states that even if there's an agreement to have parking meters on public streets, it doesn't stop a city from using its authority to manage or ban vehicle parking in those areas if needed to ensure public safety.

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 prohibit the parking of vehicles on any public way, or portion thereof, to the extent necessary to protect the public safety.

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Section § 35702

This law states that any property obtained under this part of the code must be acquired or condemned under the city's name. The city will hold the title to this property, and it will be governed by this section's rules.

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 the provisions of this part.

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Section § 35703

If there's a conflict between how powers and duties are to be exercised in a district formed under this law and a charter city's own rules, the city's charter rules take precedence. This means that the city's methods or designated bodies will perform those duties instead of following this law.

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 cannot be performed or exercised in the manner, or by the body or officer, prescribed in this part, such power, jurisdiction, authority or duty shall be performed or exercised in the manner, or by the body or officer, prescribed by such charter.

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Section § 35704

This law states that parking places bought for a district must be used for public parking as long as there are outstanding bonds or interest on those bonds. However, this can change if the legislative body makes a specific decision as outlined in another section (Section 35706).

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 parking places unless the legislative body makes the determination provided in Section 35706.

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Section § 35705

Once a district's bonds and interest are fully paid, the land used for public parking will continue to be used as such unless local leaders hold a public hearing and vote that the land is no longer needed for parking. They need a four-fifths majority vote for this decision. After that, the city can use the property for any public purpose or sell it if it's no longer needed. If a property was taxed based on its value, the money from selling it should be refunded proportionally to those taxes to current property owners. Any leftover money goes to the city's general fund.

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 be discontinued as to such property or any portion thereof if the legislative body, after public hearing following such notice thereof as the legislative body may prescribe, determines by a four-fifths vote of all its members that the public interest and necessity and the needs of the district no longer require that such property, or such portion thereof, be used as public parking places. Thereafter the property as to which such determination is made may be used by the city for any public purpose or it may be sold as other city property is sold when no longer needed for a public purpose. If any ad valorem assessment has been levied upon the real property in the district as provided in this part, then the proceeds of such sale shall be used to make refund of such assessments to the then owner of each parcel of real property which has been so assessed in the proportion which the total assessments levied upon such parcel bears to the total of all such assessments, but no refund as to any parcel shall exceed the total assessments theretofore paid in respect of said parcel, and any portion of the proceeds remaining after such refunds have been made shall be placed in the general fund of the city.

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Section § 35706

This law allows a city to stop using certain properties as public parking areas if certain conditions are met. A public hearing must be held, with notice given at least 10 days in advance in local newspapers. If four-fifths of the city council agree that the property is no longer needed for parking, it can be repurposed for any public use or sold. The money from the sale must be used as stated in the original agreements tied to the bonds used for the property.

As an alternative to the provisions of Section 35705, and to the extent authorized in the covenants contained in the ordinance, resolution or indenture providing for the issuance of the bonds, the use of any of the properties as public parking places may be discontinued as to such property or any portion thereof if the legislative body, after public hearing following notice thereof published pursuant to Section 6061 of the Government Code in one or more newspapers circulated in the city at least ten (10) days before said hearing, determines by a four-fifths vote of all its members that the public interest and necessity and the needs of the district no longer require that such property, or such portion thereof, be used as public parking places. Thereafter the property as to which such determination is made may be used by the city for any public purpose or may be sold as other city property is sold when no longer needed for a public purpose. The proceeds of such sale shall be used as provided in said covenants.

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Section § 35707

This section explains that any claims for money or damages against a district must follow specific rules outlined in other parts of the Government Code. These parts provide the procedures and requirements for making such claims unless there are other specific laws or regulations that apply to the situation.

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 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.

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Section § 35708

If a land owner wants their property to be added to an existing district, they need to file a petition with the local government. The local government must approve the request after the district's parking place commission has also approved it. Before approval, they will determine if there's an annexation fee, which the owner must pay. The money goes into a specific city fund. Once accepted, the parcel will get the same benefits and responsibilities as other district lands, including paying future taxes based on property value.

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 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 parking place commission of the district and until a determination has been made by the legislative body and approved by the parking place commission as to the amount, if any, to be paid by such petitioner as an annexation fee and until the owner of such parcel has paid to the city such total fee, if any. The amount paid to the city shall be placed in the fund in which the proceeds of an ad valorem assessment would be placed. 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 ad valorem assessments thereafter levied in the district under this part.

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