reglab/statecodes huggingface dataset:
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 4 - Disposition of Funds › Section 35521.

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 referred to in Section 35464. The balance of the fund shall be a trust fund pledged to and held for the benefit of the holders of the outstanding bonds issued pursuant to Chapter 3 (commencing with Section 35400) of this part, and until the bonds and the interest thereon have been fully paid the balance shall be used for no purpose other than the payment of the principal thereof, the interest thereon, and any premiums payable upon the call thereof. If the bonds, or any portion thereof, are to be called for redemption, the city shall immediately give notice of such redemption in the manner and form provided in the ordinance, resolution or indenture under which the bonds were issued, even though the notice may be premature as to time, but if the notice is premature the city shall later give the notice again within the proper time. As soon as the notice, even though premature, has been given and as soon as there are moneys in the fund clearly sufficient to pay the principal of all of the bonds, all interest to maturity or to the call date stated in the notice as the case may be, and all premiums to which bondholders will be entitled by reason of the call, the city is discharged from all obligations under this part or under the ordinance, resolution or indenture to make charges for the use of, or produce revenues from, parking places of the district or parking meters on streets, but the city shall continue to be bound by all other provisions of the ordinance, resolution or indenture.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 4 - Disposition of Funds › Section 35522.

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 3 (commencing with Section 35400) of this part, Section 35111 shall no longer apply to the district.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35530.

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 represent the amounts of any such assessment, have been set aside by a court of competent jurisdiction, or when the court has refused to enforce an assessment or has decreed any such bonds not to constitute or represent valid and subsisting liens against the lots or parcels of land upon which the assessments represented by them have been levied.
(b) If for any reason the assessments or bonds, or both, are not effective and the curative and waiver provisions of this chapter or any curative act passed by the Legislature in relation to them fail to make them valid and enforceable.
(c) Upon the initiative of the legislative body if the legislative body is of the opinion that all or any part of the assessments or bonds are not enforceable.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35531.

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 an attempted compliance with this chapter payable by the real property benefited by the parking place for which such bonds were issued by making a reassessment for that purpose. The power of reassessment embraces both a full and partial reassessment, and is not exhausted by a single attempted exercise of the power.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35532.

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 legislative body is of the opinion that such bonds are not enforceable, it shall order the making and issuing of a reassessment covering only the assessments represented by, or securing the bonds owned or held by, the petitioner.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35533.

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 assessment or bond to be unenforceable, the court in and by its decree shall direct the making of a reassessment to cover the assessments involved in the suit.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35534.

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 assessment or bond, or in any suit to enjoin the making, filing, confirmation, or issuance of any assessment or bond to pay for the cost and expenses of any acquisition and improvement pursuant to this part, a court of competent jurisdiction in its judgment decrees such assessments or bonds to be void or unenforceable or enjoins the making, filing, issuance, or confirmation of any such assessment or bond, the court in and by its decree shall direct the making of a reassessment to cover the assessments involved in the suit.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35535.

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 decrees the sale to be void or unenforceable for any reason, the court in and by its decree shall direct the making of a reassessment to cover the assessments involved in the suit.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35536.

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.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35537.

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 a full reassessment, the street superintendent shall prepare and file with the reassessment a diagram showing the lots or parcels of land deemed by him to be benefited by the parking place for which the bonds were issued.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35538.

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 each of the lots or parcels of land from the parking place for which the bonds were issued estimated as of the date of the filing in the clerk’s office of the original assessment shall first be listed.
(b) Interest shall be added to amounts determined pursuant to (a) from the date of recording of the original assessment at the rate of 7 percent a year.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35539.

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.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35540.

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 made pursuant to the order of the legislative body or decree of court, as the case may be.
(c) Be accompanied by a diagram showing the lots or parcels of land to be reassessed and their relation to the parking place for which the bonds were issued.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35541.

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 of the reassessment.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35542.

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 located. The notice shall be published for five insertions, if the newspaper is a daily, or for two insertions if the newspaper is published less frequently. If the reassessment is to be against the property in a district, this fact shall be set forth and the reassessment diagram referred to for particulars.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35543.

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 may informally direct the revision, correction, and modification of the reassessment in such manner as is most equitable to apportion to each lot or parcel of land benefited the amount of the actual benefits derived from the parking place.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35544.

35544. When the reassessment is revised, corrected, or modified to comply with its judgment the legislative body shall pass a resolution confirming the reassessment.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35545.

35545. The clerk shall certify at the end of the reassessment, that it is the reassessment approved by the legislative body.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35546.

35546. The street superintendent shall record the reassessment with the clerk’s certificate.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35547.

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 reassessment has been made, giving its date, and shall credit upon the reassessment all payments made upon the original assessment, or upon the bonds issued to represent the original assessment, and interest on the payments at the rate of 7 percent a year from the date of the payments.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35548.

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.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35549.

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 parcel of land covered by it.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 3.5 - Assessments and Bonds for Assessments › ARTICLE 5 - Reassessment › Section 35549.1.

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 involved. New bonds shall not be issued until the original bonds are delivered up to the treasurer who shall cancel them. The lien of the reassessment shall hold its relative rank as to other special assessment liens as of the date of filing of the original assessment.
(Repealed and added by Stats. 1969, Ch. 234.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35550.

35550. Immediately upon the acquisition of the parking places, a parking place commission shall be appointed. In the discretion of the legislative body, the commission may be appointed at any time prior to such acquisition and after the adoption of the ordinance declaring the district formed.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35550.1.

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 members of parking place commissioners for such city. Such board shall have all of the powers and duties of parking place commissioners appointed under this part. Such board, so appointed, may be an existing board created by city charter or ordinance or a new board created by ordinance. Such board may act for all vehicle parking districts established within said city under this part.
(Amended by Stats. 1959, Ch. 1925.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35551.

35551. The commission shall consist of three members, each of whom shall be a resident and qualified elector of the city.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35552.

35552. Members of the commission shall serve without compensation, unless the legislative body determines that compensation shall be paid and fixes the compensation to be paid from funds of the city.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35553.

35553. Members of the commission shall be appointed by the chief executive officer of the city, subject to confirmation by the legislative body.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35554.

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 and qualify, except that members of the first commission appointed shall classify themselves by lot so that one member holds office for one year, one for two years, and one for three years, and, in each instance, until a successor has been appointed and qualified.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35554.5.

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 of the former incumbent.
(Added by Stats. 1953, Ch. 256.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35556.

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 district.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35557.

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 the taxable real property in the district, as shown by the last equalized assessment roll, requesting the removal of a commissioner is filed with the legislative body it shall immediately remove him and appoint a new commissioner. The commissioner removed is ineligible to hold office as a commissioner of the district for one year following his removal.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35559.

35559. The commission shall operate, manage, and control the parking places and make and enforce all necessary rules for their use.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35560.

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 for different classes of customers, or users, provided that such rentals, fees or other charges shall be sufficient to produce funds to comply with the terms of the ordinance, resolution, or indenture providing for the issuance of bonds. Such rentals, fees, or other charges shall be fixed after public hearing following such notice as the commission may prescribe.
(Amended by Stats. 1955, Ch. 1283.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35561.

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 successful only if so operated as to serve adequately the property within the district. It is the intent of this part, 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 property in the district, that the owners of real property in a parking district created pursuant to this part to provide parking places to solve the parking problems of the district may receive preferential rates, charges, or rentals for themselves, their tenants, and the classes of persons who call upon or do business with them, all to the end that the property which bears the burden and provides a solution for the parking problem shall receive a special benefit.
(Amended by Stats. 1953, Ch. 256.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35562.

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 issuance of the bonds provides for the levy of an ad valorem assessment upon the taxable real property in the district, the commission may restrict or partially restrict their use to owners and tenants of real property in the district, and classes of persons designated by such owners or their tenants and may establish rates, charges, or rentals for the owners and tenants of such properties and classes of persons designated by the owners or tenants which differ from and are less than the rates, charges, or rentals charged other persons.
(Amended by Stats. 1953, Ch. 256.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35564.

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 selected as other city employees are selected. The number of such employees and their salaries shall be determined by the legislative body unless, by ordinance, which may be adopted or repealed at any time, the power to make such determination is granted to the board. Any salary or wage so fixed shall in each instance be at least equal to the prevailing salary or wage for the same quality of services rendered to private persons, firms or corporations in the city under similar employment, in case such prevailing salary or wage can be ascertained.
(Amended by Stats. 1961, Ch. 433.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35565.

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 revenues from on-street parking meters pledged to any of the purposes specified in this part, sufficient to pay the principal and interest on the bonds as they fall due, and also to provide any additional sums which may be required under the provisions of the ordinance, resolution or indenture providing for the issuance of the bonds.
(Amended by Stats. 1955, Ch. 1283.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35566.

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 proceedings taken pursuant thereto, Section 35565 shall not apply and the provisions of this section shall apply. The commission shall fix such rentals, fees or other charges for the use of parking places under its control as will produce revenue, when added to the expected revenues from on-street parking meters, assessments or other sources pledged to any of the purposes specified in this part, sufficient to pay the principal and interest on the bonds as they fall due, and also to provide any additional sums which may be required under the provisions of the ordinance, resolution or indenture providing for the issuance of the bonds.
(Added by Stats. 1955, Ch. 1283.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35567.

35567. The commission shall abide by all covenants made by the legislative body in the issuance of the bonds.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35568.

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 purpose of the operation of public parking facilities on them by such person, or may make a contract with any person for such purpose. The consideration to be paid by the operator for any lease or under any contract may be a fixed sum or a percentage of gross rentals, fees, or charges collected by the operator, or any other consideration.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35569.

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 commission prescribes, and shall be recited in the lease or contract. No higher rentals, fees, or charges shall be collected by the operator without amendment of the lease or contract agreed to by the commission after like public hearing.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35570.

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 district.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35571.

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 property in the district, any lease or contract may provide that the use of the parking places shall be restricted, or partially restricted, to owners and tenants of real property in the district, and classes of persons designated by them, and may provide for maximum rates, charges, or rentals for such persons which differ from and are less than the maximum rates, charges, or rentals charged other persons.
(Amended by Stats. 1953, Ch. 256.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35572.

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 of a commission, the legislative body conducting the proceeding for the formation of the district may enter into a contract or lease with any owner or tenant of property in the district under which the owner or tenant, for a specified rental or other consideration and for a specified period not exceeding 10 years, reserves a reasonable proportion or number of parking spaces in a parking place of the district for the use of the owner or tenant of such property, the employees of the owner or tenant performing services on the property, and the customers of, or other classes of persons designated by, the owner or tenant and entering the property as invitees or otherwise. After the appointment of a commission, the commission may make such contracts or leases.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 4 - Parking Place Commission › Section 35573.

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 legislative body prescribes, it may determine that no parking place commission shall be appointed for such district, or if the commission has been appointed, may dissolve the commission. In either event, the legislative body shall thereafter have all powers, jurisdiction, and authority granted to, and all duties imposed upon, the commission pursuant to this part. The legislative body at any time thereafter may appoint or reappoint a commission.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35700.

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 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.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35701.

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 prohibit the parking of vehicles on any public way, or portion thereof, to the extent necessary to protect the public safety.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35702.

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 the provisions of this part.
(Added by Stats. 1953, Ch. 192.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35703.

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 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.
(Amended by Stats. 1953, Ch. 256.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35704.

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 parking places unless the legislative body makes the determination provided in Section 35706.
(Amended by Stats. 1955, Ch. 1283.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35705.

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 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.
(Added by Stats. 1953, Ch. 256.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35706.

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 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.
(Amended by Stats. 1957, Ch. 357.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35707.

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 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto.
(Amended by Stats. 1963, Ch. 1715.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 4 - PARKING DISTRICT LAW OF 1951 › CHAPTER 5 - Miscellaneous › Section 35708.

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 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.
(Added by Stats. 1965, Ch. 1775.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 1 - General › Section 36000.

36000. The purpose of this part is to authorize cities to impose a tax on businesses within a parking and business improvement area which is in addition to the general business license tax, if any, in the city, and to use such proceeds for the following purposes:
(a) The acquisition, construction or maintenance of parking facilities for the benefit of the area.
(b) Decoration of any public place in the area.
(c) Promotion of public events which are to take place on or in public places in the area.
(d) Furnishing of music in any public place in the area.
(e) The general promotion of retail trade activities in the area.
(Added by Stats. 1965, Ch. 241.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 1 - General › Section 36001.

36001. “Parking and business improvement area” or “area” as used in this part means an area designated as provided in this part.
(Added by Stats. 1965, Ch. 241.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 1 - General › Section 36003.

36003. The city council shall have sole discretion as to how the revenue derived from the tax is to be used within the scope of the above purposes; however, the city council may appoint existing advisory boards or commissions to make recommendations as to its use, or the council may create a new advisory board or commission for the purpose.
(Added by Stats. 1965, Ch. 241.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 1 - General › Section 36004.

36004. This part is intended to be construed liberally and in the event any provision thereof should be held invalid, the remaining provisions shall remain in full force and effect.
(Added by Stats. 1965, Ch. 241.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 2 - Establishment › Section 36021.

36021. The city council shall adopt a resolution of intention to establish an area. The resolution shall contain the following information:
(a) Description of the boundaries of the proposed area;
(b) The time and place of a hearing to be held by the council to consider establishment of an area;
(c) The proposed uses to which the proposed revenue shall be put; and
(d) The initial or additional rate or levy, of the license tax, with a breakdown by class of business if such classification is to be used.
(Amended by Stats. 1967, Ch. 1175.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 2 - Establishment › Section 36022.

36022. Notice of a hearing held under Section 36021, 36061, or 36080 shall be given by both of the following:
(a) One publication of the resolution of intention in a newspaper of general circulation in the city.
(b) Mailing a complete copy of the resolution of intention to each business in the proposed, or established, area. Publication and mailing shall be completed at least 10 days prior to the time of the hearing.
(Amended by Stats. 1984, Ch. 193, Sec. 140.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 2 - Establishment › Section 36023.

36023. Whenever a hearing is held under this part, the city council shall hear all protests and receive evidence for or against the proposed action; the council shall also rule upon all protests which determination shall be final; and the council may continue the hearing from time to time. Proceedings shall terminate if protest is made by businesses in the proposed area which (1) pay a majority of the taxes within the area under the general business license tax, or (2) if there is no general business license tax, would pay a majority of the taxes within the area under the proposed tax.
(Amended by Stats. 1967, Ch. 1175.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 2 - Establishment › Section 36024.

36024. If the council decides to change the boundaries of the proposed area, the hearing shall be continued to a time at least 15 days after such decision and notice shall be given as prescribed in Section 36022, showing the boundary amendments, but no resolution of intention is required.
(Added by Stats. 1965, Ch. 241.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 2 - Establishment › Section 36025.

36025. If the council, following the hearing, decides to establish the proposed area, it shall adopt an ordinance to that effect. This ordinance shall contain the following information:
(a) The number, date and title of the resolution of intention pursuant to which it was adopted;
(b) The time and place the hearing was held concerning the formation of such area;
(c) The description of the boundaries of such area;
(d) A statement that the businesses in the area established by the ordinance shall be subject to the provisions of the tax or additional tax provided by this part;
(e) The initial or additional rate or levy, of the license tax to be imposed with a breakdown by classification of business, if such classification is used; and
(f) A statement that a parking and business improvement area has been established.
(g) The uses to which the revenue shall be put.
(Amended by Stats. 1967, Ch. 1175.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 2 - Establishment › Section 36026.

36026. The city council may, for each of the purposes set out in Section 36000, establish and modify one or more separate benefit zones based upon the degree of benefit derived from the purpose and may impose a different rate of tax within each such benefit zone.
(Added by Stats. 1967, Ch. 1175.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 2 - Establishment › Section 36027.

36027. All provisions of this part applicable to establishment or disestablishment of an area also apply to the establishment, modification, or disestablishment of benefit zones pursuant to Section 36026. The establishment or the modification of any such zone shall follow the same procedure as provided for the establishment of a parking and business improvement area and the disestablishment shall follow the same procedure as provided for disestablishment of an area.
(Added by Stats. 1967, Ch. 1175.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 3 - Classification of Businesses › Section 36040.

36040. For purposes of the tax or additional tax to be imposed pursuant to this part, the city council may make a reasonable classification of businesses, giving consideration to various factors, including the degree of benefit received from parking only.
(Amended by Stats. 1967, Ch. 1175.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 3 - Classification of Businesses › Section 36041.

36041. Businesses recently established in the area may be exempted from the tax, imposed pursuant to this part, for a period not exceeding one year from the date they commenced business in the area.
(Added by Stats. 1965, Ch. 241.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 4 - Taxation › Section 36060.

36060. The collection of the tax imposed pursuant to this part shall be made at the same time and in the same manner as any other business license tax or in such other manner as the city council shall determine.
(Added by Stats. 1965, Ch. 241.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 4 - Taxation › Section 36061.

36061. Changes may be made in the rate or additional rate or levy or in the uses to which the revenue shall be put as specified in the ordinance establishing the area, by ordinance adopted after a hearing before the city council.
The city council shall adopt a resolution of intention to change the rate or additional rate or levy or the uses to which the revenue shall be put at least 15 days prior to the hearing required by this section. This resolution shall specify the proposed change and shall give the time and place of the hearing.
(Amended by Stats. 1967, Ch. 1175.)
2023 California Code › Streets and Highways Code - SHC › DIVISION 18 - PARKING › PART 5 - PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 196 › CHAPTER 4 - Taxation › Section 36062.

36062. The tax need not be imposed on different classes, established pursuant to Chapter 3 (commencing with Section 36040) of the business on the same basis or at the same rate; provided, however, that the tax imposed for the purpose of the acquisition, construction or maintenance of parking facilities for the benefit of the area shall be imposed on the basis of benefit determined by the city council after giving consideration to the total cost to be recovered from the businesses upon which the tax is to be imposed, the total area within the boundaries of the parking and business improvement area, the assessed value of the land and improvements within the area, the total business volume generated within the area, and such other factors as the city council may find and determine to be a reasonable measure of such benefit.
(Amended by Stats. 1967, Ch. 1175.)