STREETS AND HIGHWAYS CODE
35100. This part may be cited as the Parking District Law of 1951.
35101. Unless the context otherwise requires, the definitions contained
in this chapter shall govern the construction of this part.
35102. "Legislative body" means the legislative body
of the city in which the district is located.
35103. "Assessment roll" means the assessment roll used
by the city for purposes of city taxation.
35104. "Net revenues," as used with reference to a parking
meter, means the revenues remaining after deductions for the cost
of acquiring the meter and the cost of its maintenance, operation,
repair, and servicing, and the cost of collecting the revenues therefrom,
without allowance for depreciation or obsolescence.
35105. "Real property" means land and improvements thereon.
35106. "Parking places" includes parking lots, garages
subsurface structures, and buildings for the parking of motor vehicles.
35107. Any portion of a city may be formed into a parking district
for the purposes set forth under this part.
35108. In addition to matters specified elsewhere in this part,
the acts authorized under this part include the following:
(a) The formation of districts.
(b) The 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) 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) 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
(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) The administration, maintenance, and operation of parking
places acquired under this part.
(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) 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) The employment of engineers, attorneys, and other persons
necessary or convenient for the doing of any act authorized by this
(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) 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) 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.
35108.5. To expedite the making of any such acquisition and improvement,
the legislative body may, at any time, transfer into the acquisition
and construction fund, out 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.
35109. Any proceedings taken or bonds issued pursuant to this part
shall not be held invalid for failure to comply with the provisions
of this part, if the acts done 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.
35110. This part does not affect any other law relating to the
same or a similar subject, but provides an alternative procedure
for the subject to which it relates. When proceeding under this
part, its provisions only shall apply.
35111. Any territory included within a parking district formed
pursuant to this part shall not be included within any other parking
district or any vehicle parking district.
35112. The Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 shall not apply to proceedings under this part.
35113. The curative clauses of this part are cumulative and each
is to be given full effect.