Streets and Highways Code, 1935

A municipality with a state loan for qualifying water or sewer improvements may form an assessment district to help repay the loan.

The legislative body must state in the required resolutions that the assessment will be collected in annual installments.

The department may enter into a cooperative agreement for State highway purposes when it believes public convenience and necessity require it.

The legislative body may declare in its resolution of intention that bonds will be issued under one of two listed acts, and the official holding the original assessment record must give notice to pay the assessments.

If bonds are issued under the Improvement Act of 1911, unpaid assessments under $150 become delinquent after 30 days and bear 1% monthly interest.

The legislative body may require bond bidders to submit a contemporaneous cash, certified check, or cashier’s check deposit with their proposal.

If the resolution of intention says bonds will be issued under specified improvement acts, those bonds may be dated after the cash payment period ends.

Only the legislative body or the contractor may bring an action to determine the validity of the assessment, bonds, contract, improvement, or acquisition, and generally not after the date fixed for the beginning of work unless Section 10400 permits it.

The legislative body may direct how the bonds are issued and sold. Bond proceeds must go into the fund named in Section 10424, the notice must state a maximum interest rate not above 8% a year, and all bonds must be payable to bearer.

The legislative body may sell certain assessments, bonds, or certificates under specified conditions, and the sale proceeds must be deposited in the fund named in Section 10424. Buyers obtain the related ownership and rights described in the cross-referenced sections.

If bond issuance is provided for, the local street, county, or district officer handling the proceedings must give the assessment-recording notice and collect the assessments, and a designated officer may instead collect the money and sign required certificates.

If a city designates the county treasurer or tax collector to handle bond-related services, that officer cannot do the work until paid the estimated cost, unless the city and officer make a written agreement instead.

A person collecting and receiving assessments before bonds are issued may be bonded, the bond amount is to be fixed, and the legislative body may approve it.

The person collecting assessments must deposit the money received into the construction fund at least weekly, or more often if the entity’s legislative body decides.

The legislative body may state in its resolution of intention that bonds will be issued and paid, and that the related assessments will be levied, collected, and increased under specified provisions of another act.

This section says unpaid assessments are to be filed, bonds issued, interest to start from the date, later-paid assessments handled before maturity, called bonds paid a premium, and illegal assessments and bonds reassessed under the Improvement Bond Act of 1915.

This section says the bond must be titled “Improvement Bond” and that certain payment-before-maturity language and a modification phrase must be inserted into the bond form.

When bonds are issued under the bond acts in this chapter, the proceedings are subject to the curative clauses, limitation periods, and reassessment powers in those acts.

Bonds issued under this chapter count as conclusive evidence that the proceedings leading to their issuance were regular.

This section says certain agreements may be made for building, rebuilding, or replacing a bridge, with later joint use by a person and the public.

A board of supervisors may authorize certain county highway work and pay the expense from specified county or district funds if it finds the work is needed and the district road fund is insufficient.

The legislative body may let landowners defer assessment payments by resolution, if the chapter’s use condition is met.

The legislative body may set the criteria property owners must meet to qualify for deferral and may set procedures to verify those criteria.

A deferral arrangement cannot limit a bondholder’s remedies under this division if a default occurs.

A city may use a year-to-year agreement to provide assessment deferral for an eligible property owner, and the city may make the assessment payments for that year.

The city may create a deferral fund for an assessment district, deposit enough money to cover deferred assessments for a specified period, and invest the fund under stated limits.

A city may increase bond principal to fund a chapter program, and bond proceeds must go to the deferral fund for financing deferrals.

Deferred assessments, including interest set by the legislative body, become due and payable when the property is transferred, at bond maturity, or at other times set by the legislative body.

Agreements made under sections 106 and 107 may set how bridge construction, reconstruction, replacement, improvement, or maintenance costs are shared, may allow the owner to surrender rights and property to the State, and may set terms for joint public use of the bridge.

Bridges covered by sections 106–108 become part of the State highway system, with title vesting in the State, and related bridge funds may be used for the same kind of work under a cooperative agreement.

The department may make agreements with the United States, and sometimes with another person, to handle highway or bridge changes and related property exchanges.

This section says wording in the present tense also covers past and future tenses.

Counties and cities may contribute certain bridge-related funds or property to the State, and the department may relinquish such a bridge to a county or city.

This part may be cited as the Pedestrian Mall Law of 1960.

The chapter’s definitions control how this part is interpreted, unless the context requires otherwise.

This section defines “City” and “the city” for this part.

This section defines “legislative body” as the legislative body of “the city.”

This section defines “street” for the chapter as a public street, road, highway, alley, lane, court, way, or other place open to public use.

This section defines “city street” for streets in a city, city and county, or county, with specific exclusions for freeways and certain highways.

This section defines “pedestrian mall” as certain city streets or parts of streets where vehicle traffic is restricted and the area is used mainly or only for pedestrians.

“Mall intersection” means an intersection where a city street that is part of a pedestrian mall meets any street, if that intersection is itself part of the pedestrian mall.

This section defines “intersecting street” for pedestrian mall rules.

This section defines “assessment roll” for city ad valorem tax purposes.

If the city is a charter city, “similar special assessment law” includes that city’s procedural assessment ordinance.

This section defines “Vehicle Parking District Law of 1943.”

When a state highway passes through a city and the route is not specifically fixed by law, the commission must choose the connecting portion needed to keep the highway continuous, and it may adopt a city street or highway segment into the state highway system without paying the city.

The commission may add a qualifying city street or county highway to the State Highway System without compensation, and the department may make the needed improvements and traffic connections. A city or county ordinance making a highway one-way cannot later be changed without the department’s written consent and the commission’s approval, unless a prior written agreement says otherwise.

The Legislature states that some city and retail shopping areas need pedestrian travel separated from vehicular travel, and that pedestrian malls can help achieve that goal.

A city legislative body has power to establish pedestrian malls, restrict vehicle traffic on them, fund related damages and improvements, and do other acts needed to carry out the part.

The legislative body may acquire land, real property, or rights-of-way for a pedestrian mall, and may improve adjacent city streets when needed or convenient for the mall’s operation.

The powers granted here to prohibit vehicle traffic on a city street are additional to, and not limited by, other legal powers.

This section says the pedestrian mall law should be read broadly, proceedings under it won’t be invalidated just for noncompliance if they are constitutionally valid, and the part operates as an alternative procedure that excludes other laws and one named 1931 act in covered proceedings.

The department may make agreements with a city about changing a state highway’s grade, and the city may use its own street-grade procedures and help pay related costs.

If the legislative body finds a pedestrian mall is in the public interest and will not unduly inconvenience traffic, it may adopt a resolution to establish it.

A resolution may identify streets by official or common name, and may identify the pedestrian mall, mall intersections, and intersecting streets by referring to a filed map or plat.

The legislative body may propose in the resolution to pay some or all damages to property owners from assessments on benefited lands.

When a pedestrian mall is being initially established and the legislative body proposes certain improvements, the resolution must include a general description of the improvements, the source of funding, and, if relevant, the law to be used for financing.

Certain street-improvement spending counts toward pedestrian mall costs, and if the mall is later established, an equal amount must be paid into the specified improvement fund.

A city may, on request from the department, acquire real property needed for state highway purposes and may help fund state highway construction, improvement, or maintenance within its boundaries.

A city or county may make a cooperative agreement with the department to help fund a state highway segment in its jurisdiction if the project is in the state transportation improvement program; the department must construct it and then control, operate, and maintain the segment.

Copies of the pedestrian mall notice resolution must be posted in specified locations at least 90 days before the hearing.

The resolution must be mailed at least 45 days before the hearing to specified land-assessed persons, and the legislative body may choose to send it to additional persons.

A copy of the resolution of intention must be recorded with the county recorder, and it must be recorded at least 90 days before the hearing.

An interested person may file a written objection to the proposed pedestrian mall by the hearing time, and may later withdraw that protest or objection in writing.

A person with an ownership or legal interest in affected real property may file a written claim of damages with the legislative body’s clerk before the hearing time, and the claim must include specific property and damage details.

At the hearing to establish the proposed district, objections, protests, and claims must be heard and considered.

If owners of a majority of the frontage object in writing to a proposed pedestrian mall, the legislative body must end the proceedings, and no new proceeding for the same or substantially the same mall may start for one year.

If assessments are levied under Section 11202, the notice, protest, and hearing procedures must follow Government Code Section 53753.

If assessments are to be levied, the legislative body may change proposed district boundaries at the hearing, but any proposed change must follow Section 53753 notice, protest, and hearing procedures.

Late objections or protests are treated as waived, and the proceedings cannot be challenged on grounds not set out in a written objection filed as required. The legislative body may also decide objections or protests, except in a majority protest situation.

The legislative body may allow damages claims, but payment is generally for the full claimed amount unless the claimant agrees in writing to a lesser amount. Allowed claims become payable only after the pedestrian mall is finally established, and the city must pay them before vehicular traffic is prohibited on the mall.

After the hearing ends, the legislative body must decide by resolution either to abandon the proceeding or to establish the pedestrian mall.

The department may make cooperative agreements with local public entities about highway work when funds have been allocated, and must do so for certain project development services if the local entity has qualified staff.

The department may not charge certain self-help counties more than 10% for administration indirect cost recovery, and must charge them for functional overhead.

If the legislative body decides to establish a pedestrian mall and some written damage claims remain, it must direct a court action to determine any damages owed.

Vehicular traffic on the pedestrian mall may not be prohibited until the related judgment is satisfied and a final order is taken.

This section says the part does not create a right to damages or compensation just because a pedestrian mall is established.

Work done under sections 111, 113, and 114 must be satisfactory to, and approved by, the department.

If assessments are to be levied under Section 11202, the legislative body must fix and establish the district boundaries in the resolution under Section 11311.

After damage claims are finally determined, some or all of the damages and related costs may be assessed against lands in the district, limited to the amount set in the resolution of intention and in proportion to special benefits from the pedestrian mall.

Assessments may be levied and bonds for unpaid assessments may be issued and sold, and the notice/protest/hearing procedures must follow Government Code section 53753.

When this section is applied, the usual assessment limit does not apply, the legislative body must set the bond and coupon form, and it may require a redemption premium.

Assessment collections and related bond-sale proceeds must go into a special fund and be used only for the damages and expenses tied to the assessments; any surplus may be spent on pedestrian mall improvement or operation.

The legislative body may decide not to levy the assessments and may instead pay the amounts from city general funds or other available funds, but not from certain vehicle tax, license, or fuel revenues except as allowed by another code section.

The department may delegate some of its powers and jurisdiction over state highways to a city or county, but not the power of approval, and it may later withdraw that delegation.

This section defines terms used in the article: “Division,” “Last equalized assessment roll,” and “Highway.”

This article may be cited as the Permanent Road Division Law.

A legislative body may adopt an ordinance establishing a pedestrian mall after the stated preconditions are met, and the ordinance must include descriptions, traffic restrictions, additional rules, and operative dates.

The ordinance must be adopted and published in the manner required by law or the city charter, and it takes effect as those rules provide.

A city ordinance under this section is subject to referendum, and payments of allowed claims, damages, or court-awarded compensation cannot be made until the ordinance is in effect.

The city and its legislative body keep their police powers over streets in the pedestrian mall, and they may later abandon, change, or repeal the mall’s operation and rules.

A city is not a division, but it may be included in one. When a division is formed, it has the powers listed in this article.

A petition to form a division may be submitted to the county board of supervisors, and it must include specified information about the proposed division and any highway work or maintenance sought.

A board of supervisors may start formation of a division by resolution instead of petition, but must hold a public hearing, publish notice, and mail notice to affected landowners.

The board of supervisors may create a permanent road division, set up zones for specific projects, and must hold a noticed hearing before deciding whether to form the division.

A petition must be accompanied by an affidavit with specific valuation statements, and the affiant must be an adult, not a petition signatory, and have no taxable property in the division.

A petition must be published under Section 1196, and the publication must include notice of the meeting time when the board will consider it.

The board must hear the petition on the day stated in the notice and may adjourn the hearing, but not for more than one month in total.

The board must decide whether the proposed division will be formed, and if it does, it may adjust the boundaries and must establish them.

The board’s established boundaries are the division’s boundaries until they are changed under this article.

If the board finds boundary descriptions are wrong, it must have the county surveyor correct them, publish notice, and then ratify the surveyor’s report; the corrected boundaries become the legal boundaries.

A landowner in the division may petition the board to say the property will not benefit from a proposed project. The board must hold a hearing and publish notice. If the board later finds no benefit and no outstanding obligations, it may withdraw the property and adjust the division boundaries.

The board may hold a hearing about whether outside property will benefit from a proposed project, must publish and mail notice before the hearing, and may later change the division boundaries if benefit is found.

Property can be annexed to or detached from a permanent road division using the same procedures as formation, and the board may approve the change by resolution.

The board may consolidate two or more divisions if it finds the divisions touch or consolidation would reduce costs or improve efficiency. Property in a proposed consolidation without outstanding bonds is not treated as property in the division for Section 1184 purposes.

Freeholders may petition the board for highway plans, and a petition can also be valid with majority landowner and valuation signatures when there are 10 or fewer freeholders.

The department may issue permits for certain structures and utilities in a state-highway right-of-way, unless the title instrument says otherwise.

A petition for highway construction or improvement must include certain requested details if appropriate.

The city and its legislative body may improve a pedestrian mall, use certain special assessment laws, pay the costs from general funds or other available money, and let contracts as allowed by law or charter.

A pedestrian mall may be improved now or later, but no contract for the work can be awarded until required funds are fully provided.

If a legislative body is improving a proposed pedestrian mall and using certain special assessment laws, it may combine related proceedings to avoid duplicating ordinances, resolutions, notices, hearings, and other acts.

When the board receives a petition, it must prepare estimates, plans, and specifications for the requested highway work, excluding maintenance.

If the board has adopted plans and specifications for highway work other than maintenance, it may set aside county and district funds, must not use less than 75% of the specified district-based amount, and must place the money in a permanent road fund for the division.

When a special tax is petitioned for, the board must immediately call an election in the division. The board may also ask voters whether the project cost or maintenance levy should be paid by a special tax, including spreading payment over up to 10 years. The voting body depends on how many registered voters live in the division, with a landowner fallback rule when there are fewer than 10.

The board must call the election and give notice by posting and publishing it in the ways required by sections 1195 and 1196.

A notice of election must include specified details about the election, the money to be raised, how it will be used, repayment timing, and any proposed maintenance tax.

The board must set up precincts and appoint three judges for each precinct for this election, and the election should follow general election laws as closely as practicable.

Election officers must certify the election result to the board and report the total votes and votes for and against the tax.

If two-thirds of the votes cast are for the tax, the board must levy a special tax in the division each year when county taxes are levied.

If a special tax has been authorized, the board of supervisors may advance the permanent road division’s share of improvement costs or wait to proceed until the estimated expense has been raised by taxes levied within the division.

The tax levied under this section must be collected like county taxes and paid into the county treasury for the division where it was collected.

The board may fix and collect parcel charges for a permanent road division, instead of or in addition to a special tax under Section 1178.

The board may issue bonds, notes, or other debt for a permanent road division or zone to finance capital improvements, for a term of up to 10 years, and repayment must come only from special taxes or parcel charges levied within that division or zone.

The department may dispose of surplus highway property, but certain sales and exchanges must follow commission-set terms, payment limits, and housing-affordability conditions.

The department must first offer certain excess commercial real property to the occupant at fair market value, and it must obtain at least two independent appraisals to set that value.

Property acquired by eminent domain for Section 104 purposes may not be publicly sold unless the department transmits a tax-equivalent amount to the county auditor.

The department must offer excess real property for sale or exchange within one year after it is determined to be excess, and it must first offer environmentally notable lands to specified public park agencies.

The department may transfer certain environmental mitigation property in Huntington Beach to a public agency or qualified nonprofit, subject to approved conditions. The transferee must maintain the property for environmental mitigation purposes, and the deed must restrict use and be filed locally.

The department must create and run a Terminus Regional Planning Task Force, and the task force must meet quarterly and submit a report by December 1, 2025.

This section lets the Department of Transportation transfer the Blues Beach property to a qualified nonprofit corporation, but only on approved terms and with use, access, and filing restrictions.

If a petition asks for bonds, the board must call an election and submit the bond question to the electors.

This section defines “district” for this chapter.

If no district was established under Section 11500, this section defines “district” for the chapter as the area the legislative body considers benefited by the pedestrian mall, with boundaries fixed in the first improvement proceeding.

This chapter does not apply unless a district has been established under Section 11800 or Section 11801.

After a pedestrian mall is established, the legislative body may prepare and approve an annual expenditure estimate by June 30 and must deduct estimated mall-operation revenues from that estimate.

The legislative body may levy and collect a special ad valorem assessment on taxable land and improvements in the district, subject to a yearly rate cap.

The City of Redding may assess up to $2 per $100 of assessed value for Redding Midtown Project No. 1, R-120 only, and only on property within that project.

The special ad valorem assessment must be handled the same way as the city’s general taxes for timing, collection, enforcement, interest, and penalties.

Assessment proceeds must be put into a separate city fund and used only for pedestrian mall maintenance, operation, repair, or improvement.

The notice of election must list the required election details, including district boundaries, judges, poll hours, bond information, and the purpose of the bond proceeds.

The election must be conducted as closely as practicable under the general election laws, and no specific ballot form is required.

Election officers must certify the election result to the board, including vote totals for and against the bonds. If two-thirds of voters support issuing the bonds, the board must enter that fact in its minutes.

The board may issue division bonds, but only in the amounts set by the election proceedings and subject to a 15% cap on the division’s taxable property.

The board must enter an order in its minutes and set the bonds’ form, due date, and interest rate.

Bond interest must be paid yearly, each bond and coupon must carry the required signatures, and the county treasurer must sell the bonds after reasonable notice to the highest and best bidder at no less than par plus accrued interest.

If the bonds are not authorized at the election, the money that was transferred to the division fund must revert to the funds it came from.