31900-31933

STREETS AND HIGHWAYS CODE
SECTION 31900-31933




31900.  Unless the context otherwise requires, the following terms
used in this chapter shall mean:
   (a) "Substitution proceeding" means a proceeding taken under or
pursuant to this chapter.
   (b) "New property" means any or all of the following:
   (1) Additional lands, property, and rights of way necessary or
convenient for use as parking places for the benefit of the district;
and
   (2) Additional lands, property, and rights of way necessary or
convenient for the opening, widening, straightening, or extending of
streets or alleys necessary or convenient for ingress to or egress
from any parking place.
   (c) "Old property" means any or all of the following:
   (1) Lands, property, and rights of way, or any portion thereof,
theretofore acquired or acquired and improved pursuant to this part
for use as parking places for the benefit of the district; and
   (2) Lands, property, and rights of way, or any portion thereof,
theretofore acquired or acquired and improved pursuant to this part
for the opening, widening, straightening, or extending of streets or
alleys necessary or convenient for ingress to or egress from any
parking place.
   (d) A "substitution" means the replacement of old property by new
property.
   (e) "District funds" means any unencumbered and available funds of
the city received or collected for the use of the district,
including moneys derived from taxes or other revenues pursuant to
this part.
   (f) "City funds" means any city funds, other than district funds,
which are unencumbered and are available for use pursuant to this
chapter.


31910.  Substitution proceedings may be taken in the manner provided
in this chapter if the legislative body determines that such
substitution proceedings are necessary or desirable because of a
change in circumstances.


31911.  Before adopting any resolution under Section 31913, the
legislative body shall submit its proposed resolution to the board of
parking place commissioners for the district and shall receive and
consider the report and recommendation of the board thereon. After
receiving such report and recommendation, the legislative body may
either adopt the proposed resolution in its original form or as
changed consistent with such report and recommendation. If the
legislative body proposes to adopt the resolution in any other form,
it shall again submit it to the board as provided in this section.



31912.  The board shall make its report and recommendation within 30
days after the legislative body orders a proposed resolution
submitted to the board, or within such further time as the
legislative body may allow. If the board fails to make a report and
recommendation within such time, the legislative body may adopt the
resolution without receiving and considering a report and
recommendation thereon.



31913.  The legislative body may initiate a substitution proceeding
by adopting a resolution proposing to order the making of a
substitution.


31914.  The resolution proposing to order the making of a
substitution shall contain:
   (a) The number of the vehicle parking district and a reference to
the ordinance fixing its exterior boundaries.
   (b) A general description of the proposed substitution.
   (c) An estimate of the current fair market value of the old
property and an estimate of the current fair market value of the new
property, together with the estimated cost of improvements, if any,
proposed to be constructed on the new property for parking purposes.
   (d) A time and place for the hearing of protests on the proposed
substitution.


31915.  (a) Notice of hearing shall be by publication, posting, and
mailing of the resolution proposing to order the making of a
substitution.
   (b) The resolution shall be published once a week for two
successive weeks in a newspaper published in the city. The first
publication shall be not less than 30 days prior to the date fixed
for the hearing of protests. In cities where no newspaper is
published, copies of the resolution shall be posted in three public
places in the district at least 30 days before the date of hearing.
   (c) Copies of the resolution headed "Notice of Parking District
Substitution Proceedings" in letters at least one-half inch in height
shall be posted upon all open streets within the proposed district.
Notices shall be not more than 300 feet apart and shall be posted at
least 30 days prior to the hearing.
   (d) A copy of the resolution shall be mailed, postage prepaid, by
the clerk of the legislative body to each person to whom land in the
district is assessed as shown on the last equalized county assessment
roll, at his address as shown upon the roll, and to any person,
whether owner in fee or having a lien upon, or legal or equitable
interest in, any land within the district, whose name and address and
a designation of the land in which he is interested is on file in
the office of the clerk.


31916.  Not later than the hour set for hearing, any interested
person may file with the clerk of the legislative body written
objection to the proposed substitution.



31917.  At the hearing all objections and protests shall be heard
and considered. The hearing may be continued from time to time by
order entered on the minutes.



31918.  If at the hearing it appears that the owners of more than
one-half of the area of the assessable land included within the
district have made objection in writing to the proposed substitution
as an entirety, the legislative body, by a resolution entered upon
its minutes, shall so find. Thereafter the legislative body shall not
proceed further with the substitution proceedings and said
substitution proceedings are terminated.



31919.  If the owners of more than one-half of the area of the
assessable land included within the district have not made written
objections or protests to the proposed substitution proceedings as an
entirety, the legislative body may so find and proceed with the
hearing.



31920.  Any protest or objection made pursuant to this chapter, or
any signature to such objection or protest, may be withdrawn by a
written withdrawal signed by the person or persons who signed the
protest or objection or who affixed the signature to be withdrawn,
and filed with the clerk at any time prior to the determination by
the legislative body as to whether or not a majority protest exists.
Any protest, objection, or signature withdrawn shall not be counted
in computing a majority protest.



31921.  Any objections or protests not made at the time and in the
manner provided by this chapter are deemed waived voluntarily.



31922.  Except in the case of a majority protest, the legislative
body may sustain or deny any or all objections and protests, and its
determination is final. The determination of the legislative body
shall be entered upon the minutes.


31923.  Proceedings under this chapter shall not be attacked after
the hearing upon any ground not stated in an objection or protest
filed pursuant to this chapter. Any landowner or person interested in
any land within the district is estopped to attack the proceedings
upon any ground not stated in a protest filed by him pursuant to this
chapter.



31924.  At the hearing the legislative body may by resolution
propose a modification of the substitution. Said resolution shall
describe the proposed modification, shall specify a time for hearing
thereon and shall be published once at least 15 days before the
hearing in the same newspaper in which the resolution proposing to
order the making of a substitution was published.



31925.  If at the conclusion of the hearing the legislative body by
resolution adopted by four-fifths of all of its members shall find
and determine (a) that public interest and convenience require the
substitution, and (b) that all of the lands within the district will
be benefited by the substituted acquisition or acquisition and
improvement in substantially the same degree and in substantially the
same proportion as said lands were benefited by the old property,
said legislative body may then order the substitution either as
described in the resolution proposing to order the making of a
substitution, or as subsequently modified after proceedings pursuant
to Section 31924.



31926.  After the adoption of the resolution ordering the making of
the substitution and at such time as all the new property ordered to
be acquired or to be acquired and improved shall have been acquired
or acquired and improved by the city substantially in accordance with
said resolution, the legislative body may thereupon adopt a
resolution of implementation. At any time prior to the adoption of
the resolution of implementation, the legislative body may abandon
the substitution proceedings.



31927.  The resolution of implementation shall contain a general
description of all new property acquired or acquired and improved
under this chapter for the use and benefit of lands within the
district. After the adoption of said resolution of implementation,
all such new property shall be held by the city for the use and
benefit of the district and shall be treated in all respects the same
as lands, property and rights of way acquired under this part from
moneys collected on account of any assessment levied or from the
proceeds of any bonds issued hereunder.



31928.  The resolution of implementation shall also contain a
general description of all old property which is no longer to be held
by the city for the use and benefit of the district. After the
adoption of said resolution of implementation, any interest in or
other right with respect to said old property which may have been
acquired by or for any person (whether as a member of the public or
as an owner of lands within the district) as a result of prior
proceedings under this part shall be terminated. Where any of the old
property consists of rights of way acquired under this part, any
lands previously subject to any such rights of way shall be relieved
and discharged therefrom, and title to said lands, unencumbered by
said rights of way, shall be vested in such persons as may be
entitled thereto by law. Title to all other portions of the old
property, free and clear of the interests and rights aforesaid, shall
be vested in the city and the city may hold, use or dispose of said
lands or property in any manner provided or permitted by law.




31929.  Before adopting the resolution of implementation, payment or
provision for payment shall be made for the unpaid balance of any
outstanding and unpaid bond issued to represent the lien of an
assessment upon any of the new property and any interest and
penalties which are due thereon and are unpaid.



31930.  Upon adoption of the resolution of implementation, any old
property which is within the exterior boundaries of the district
shall be deemed excluded from the district. Any old property so
excluded may thereafter be added to the district pursuant to Section
31866.



31931.  The cost and expense of acquiring or acquiring and improving
new property (including any amounts necessary to comply with Section
31929 and any amounts necessary to discharge any other lien or
charge on said new property) shall be paid from district funds to the
extent authorized by the board and the remainder, if any, from city
funds. If for any reason the legislative body is unable or unwilling
to appropriate from city funds the moneys needed for such purpose,
the substitution proceedings shall be abandoned prior to the adoption
of any resolution of implementation.



31933.  No substitution proceedings pursuant to this chapter shall
be initiated for the replacement of old property unless it has been
used as a parking place or for ingress to or egress from a parking
place for a period of not less than one year.