Streets and Highways Code
Part 2 of 23 · provisions 201–400
This section says the act is named the Streets and Highways Code.
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Before the commission approves certain highway projects, the submitting department or regional transportation planning agency must show that reversible lanes were considered. The department may do whatever is necessary to lay out, acquire, and construct parts of a state highway as a freeway, or convert an existing state highway into a freeway. The department generally may not acquire real property for a freeway through a city or county unincorporated area until the required agreement is executed, but there are gift and hardship/protective exceptions. It must give notice of any pre-agreement acquisition. Local officials may authorize certain right-of-way purchases before agreement approval. The city council or board of supervisors must hold a public hearing before entering into the agreement described in Section 100.2. The department may add freeway-related street or highway improvements to Section 100.2 agreements and may do that work as part of freeway construction.
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- 10550. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 6.1. Loan Repayment Assessment Districts [10550 - 10555] ( Chapter 6.1 added by Stats. 2000, Ch. 253, Sec. 1. )
A municipality with a state loan for qualifying water or sewer improvements may form an assessment district to help repay the loan.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 6.1. Loan Repayment Assessment Districts [10550 - 10555] ( Chapter 6.1 added by Stats. 2000, Ch. 253, Sec. 1. ) ## 10550. (a) If a municipality has entered into a contract with the state that includes a loan funded by the state for the purpose of financing the construction and installation of water or sewer system improvements in or along its streets that are of special benefit to land within the municipality, the municipality may conduct proceedings under this division for the formation of an assessment district for the purpose of levying an assessment to secure repayment of the loan. (b) Except as otherwise provided in this chapter, the proceeding for the formation of the assessment district and the levy of the assessment shall be conducted in accordance with this division, with appropriate modifications to all resolutions and notices. (Added by Stats. 2000, Ch. 253, Sec. 1. Effective January 1, 2001.) - 10555. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 6.1. Loan Repayment Assessment Districts [10550 - 10555] ( Chapter 6.1 added by Stats. 2000, Ch. 253, Sec. 1. )
The legislative body must state in the required resolutions that the assessment will be collected in annual installments.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 6.1. Loan Repayment Assessment Districts [10550 - 10555] ( Chapter 6.1 added by Stats. 2000, Ch. 253, Sec. 1. ) ## 10555. The legislative body shall provide in the resolutions required under Sections 10200 and 10312 that the assessment will be collected in annual installments. (Added by Stats. 2000, Ch. 253, Sec. 1. Effective January 1, 2001.) - 106. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may enter into a cooperative agreement for State highway purposes when it believes public convenience and necessity require it.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 106. Whenever in its opinion the public convenience and necessity require it for State highway purposes, the department may enter into a cooperative agreement: (a) To construct a bridge across any river, stream, or inlet of the sea. (b) To reconstruct or replace an existing, privately owned bridge over any river, stream or inlet of the sea, which bridge is used for highway purposes by the public and the owner. (c) To acquire an existing bridge, or a right of way over the location of such bridge, whenever the acquisition of such bridge or right of way by the State alone would ordinarily require an excessive expenditure of State highway money. (Enacted by Stats. 1935, Ch. 29.) - 10600. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10600. The legislative body conducting the proceedings under the provisions of this division may, in its resolution of intention, determine and declare that bonds shall be issued under the provisions of either the Improvement Act of 1911 or the Improvement Bond Act of 1915. In any case, the assessment shall be recorded in the office of the superintendent of streets of the city, county surveyor of the county, or district engineer of the district or public corporation conducting the proceedings in the manner and with like force and effect as provided in the Improvement Act of 1911 and the Improvement Bond Act of 1915, and the assessment therefor shall have the priority, and the proceedings shall be subject to all of the curative clauses and powers of reassessment, provided in those acts. In any case, the official in whose office the original of the assessment is recorded shall give the notice to pay the assessments, as provided in this division. (Amended by Stats. 1974, Ch. 426.) - 10600.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
If bonds are issued under the Improvement Act of 1911, unpaid assessments under $150 become delinquent after 30 days and bear 1% monthly interest.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10600.1. If provision is made for the issuance of bonds under the Improvement Act of 1911 (Division 7 (commencing with Section 7000)), all assessments under one hundred fifty dollars ($150) which are not paid within 30 days after recordation of the assessment are delinquent and shall bear interest at the rate of 1 percent per month, the interest to be computed from the date of the bonds. The legislative body may order the collection of any such delinquent assessments pursuant to either Chapter 18 (commencing with Section 5410) or Chapter 18.1 (commencing with Section 5450) of Part 3 of Division 7. All references in those chapters to the contractor, his assignee, his assigns, or his agent shall be deemed to refer to the city. References in Section 5451 to interest from the “date of filing the original assessment” shall be deemed to refer to the “date of the bonds.” (Amended by Stats. 1978, Ch. 364.) - 10600.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
The legislative body may require bond bidders to submit a contemporaneous cash, certified check, or cashier’s check deposit with their proposal.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10600.2. The legislative body conducting the proceedings for the issuance of improvement bonds under this division may require that any bidder submitting a proposal for the purchase of such improvement bonds deposit contemporaneously therewith cash, a certified check, or a cashier’s check, in an amount to be determined by the legislative body, guaranteeing the purchase of such improvement bonds by such bidder in the event that he is awarded the purchase of such improvement bonds by the legislative body. (Added by renumbering Section 10600.1 by Stats. 1975, Ch. 394.) - 10600.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10600.5. When the resolution of intention provides that bonds shall be issued under the Improvement Act of 1911 or the Improvement Bond Act of 1915, said bonds may be dated at any time after the expiration of the cash payment period. (Amended by Stats. 1959, Ch. 821.) - 10601. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10601. An action to determine the validity of the assessment, bonds, contract, improvement or acquisition may be brought by the legislative body or by the contractor pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. For such purpose an improvement or acquisition shall be deemed to be in existence upon its authorization and an assessment upon its confirmation. Notwithstanding any other provisions of law, the action authorized by this section shall not be brought by any person other than the legislative body or the contractor, nor except when permitted by Section 10400 shall the action be brought after the date fixed for the beginning of work. (Amended by Stats. 1961, Ch. 1526.) - 10602. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10602. The bonds may be issued and sold as the legislative body directs. The proceeds of the bonds shall be deposited in the fund specified in Section 10424. The notice in the resolution of intention shall recite a maximum rate of interest to be paid on the indebtedness, not to exceed 8 percent a year payable semiannually, which rate shall not be exceeded in the issuance of the bonds. All bonds shall be made payable to bearer. (Amended by Stats. 1975, Ch. 130.) - 10602.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10602.5. When the resolution of intention provides that bonds shall be issued under the Improvement Act of 1911 or the Improvement Bond Act of 1915, and when the assessment has been duly confirmed pursuant to Section 10312, and when the assessment contains an assessment on public property which is subject to assessment pursuant to Section 10206 including, notwithstanding any other provisions of law, public property owned by the city, county or other entity conducting the proceeding, the legislative body may sell such assessment in the same manner and at the same time as provided in Section 10602. The proceeds of the sale shall be deposited in the fund specified in Section 10424. The buyer of such an assessment shall, upon paying the purchase price, become the owner of the assessment and shall be entitled to exercise all the rights that an owner of an assessment has under Section 5302.5. If bonds or certificates are to be issued to represent any assessment or assessments against public property, the legislative body of the entity conducting the proceedings may sell such bonds or certificates in the same manner and at the same time as provided in Section 10602. The proceeds of the sale shall be deposited in the fund specified in Section 10424. The buyer of such bonds and of each individual bond shall become an owner of the assessment and shall be entitled to exercise all of the rights of an owner of an assessment under Section 5302.5 and of a bondholder as provided in Section 5302.6 and Chapter 4.5 (commencing with Section 6468) of Part 5 of Division 7. The buyer of each certificate shall become the owner of the assessment and shall be entitled to exercise all of the rights of an owner of an assessment under Section 5302.5 and of a certificate holder as provided in Section 6467. (Amended by Stats. 1969, Ch. 770.) - 10603. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10603. When the resolution of intention provides for the issuance of bonds, the superintendent of streets of a city, surveyor of a county, or district engineer of a public corporation, conducting the proceedings shall give the notice of recording the assessment, and collect and receive the assessments. The legislative body of the public entity conducting the proceedings may, by resolution, designate the treasurer, tax collector, or other officer of the entity to collect and receive the money. If the entity is a public corporation it may designate the treasurer or tax collector of the county in which it is situated to collect and receive the money. The person so designated shall execute any certificates relating to the amount of assessments paid or remaining unpaid which are required to be executed by the superintendent of streets by the law pursuant to which bonds are to be issued, including, but not limited to, Sections 6420 and 8620. (Amended by Stats. 1963, Ch. 1224.) - 10603.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10603.1. In the event the city conducting the proceedings designates the county treasurer or tax collector to perform any service relating to collecting and receiving the money, including but not limited to, printing, servicing, or collecting any bonds, neither the treasurer nor the tax collector so designated shall perform any such service until there shall have been paid to him his estimate of the cost of the service or services, provided, however, the city conducting the proceedings, in lieu of the prior payment of the estimated cost, may enter into a written agreement with the county treasurer or tax collector. Such agreement shall provide for the payment of the cost or estimated cost of any service rendered by the designated county officer. In the event such cost of estimated cost is not included in the assessment, the city conducting the proceedings shall be liable for payment thereof from the general fund. (Added by Stats. 1965, Ch. 777.) - 10604. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10604. The person who is to collect and receive the assessments before the issuance of bonds may be bonded in favor of the entity conducting the proceedings in an amount to be fixed and such bond approved by the legislative body of the entity. When he is a bonded official his services in receiving the money are a duty imposed upon him by law within the purview of his bond. In the case of a county official collecting for a public corporation, the county shall collect any money due on the bond as agent for the public corporation. If the legislative body designating the bonded person finds that his official bond is inadequate it may provide that he shall be separately bonded. The premium of such bond shall be an incidental expense of the proceeding. (Added by Stats. 1953, Ch. 192.) - 10605. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10605. The person collecting the assessments shall deposit the amounts received in the construction fund of the entity conducting the proceedings, not less than once each week, or at such other more frequent intervals as the legislative body of the entity determines. (Added by Stats. 1953, Ch. 192.) - 10606. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10606. The legislative body may, in its resolution of intention, determine and declare that bonds will be issued and paid, and the assessments therefor levied, collected, and augmented in accordance with the applicable provisions of Sections 14, 15, 16, 17, 20, 21, 22, 24, 25, 26, 27, and 28 of the Refunding Assessment Bond Act of 1935, in which case the applicable provisions of that act are incorporated in this division as if fully set out herein. If the bonds are issued pursuant to that act, appropriate changes shall be made in the form of the bonds to show that they are for a public improvement or acquisition under this division. (Added by Stats. 1953, Ch. 192.) - 10607. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10607. The list of unpaid assessments shall be filed, the bonds ordered issued, interest shall accrue from the date, and assessments thereafter paid before maturity, bonds called, premium paid, and illegal assessments and bonds reassessed, all as provided in the Improvement Bond Act of 1915. (Amended by Stats. 1959, Ch. 821.) - 10608. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10608. The bond shall be entitled “Improvement Bond.” The provisions for payment of the bond before maturity, as contained in the bond form in the Improvement Bond Act of 1915, shall be inserted in the place of the similar provision in the bond form of the Refunding Assessment Bond Act of 1935. There shall also be inserted in the bond form after the title of the refunding act the words “as modified in the Municipal Improvement Act of 1913.” (Added by Stats. 1953, Ch. 192.) - 10609. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10609. In all cases where bonds are to be issued under any of the bond acts referred to in this chapter the proceedings shall be subject to all of the curative clauses, limitation of actions, and powers of reassessment provided in all of those acts, and the publication of the notice of improvement shall be deemed to be the publication of the resolution of intention. (Added by Stats. 1953, Ch. 192.) - 10610. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. )
Bonds issued under this chapter count as conclusive evidence that the proceedings leading to their issuance were regular.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 7. Improvement Bonds [10600 - 10610] ( Chapter 7 added by Stats. 1953, Ch. 192. ) ## 10610. Bonds issued pursuant to this chapter shall be conclusive evidence of the regularity of all proceedings under this division leading up to such issuance. (Added by Stats. 1976, Ch. 310.) - 107. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 107. Any such agreement may be: (a) With any person for the construction of a new bridge and the use of any such bridge thereafter jointly by such person and the public. (b) With the owner of any existing bridge for the reconstruction thereof, or for the replacement thereof by a new bridge, and the use of any such bridge thereafter jointly by such owner and the public. (Enacted by Stats. 1935, Ch. 29.) - 1070. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. By Boards of Supervisors [1070- 1070.] ( Article 1 enacted by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. By Boards of Supervisors [1070- 1070.] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1070. Whenever a board of supervisors, by a four-fifths vote of its membership, determines that the public convenience and necessity demand the acquisition or construction of a new county highway or the improvement, repair or maintenance of any existing county highway, and that the expense of such new highway or the expense of improving, repairing or maintaining such existing highway is too great to pay out of the road fund of the district, the board may, by a resolution passed by a four-fifths vote of its membership, determine to make such acquisition or do such work, and charge the expense thereof to the county general fund, the road fund of the county or the district fund of any district benefited. (Amended by Stats. 1961, Ch. 801.) - 10700. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. )
The legislative body may let landowners defer assessment payments by resolution, if the chapter’s use condition is met.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. ) ## 10700. Notwithstanding any other law, the legislative body may determine, by resolution, to allow landowners to defer payment of their assessments pursuant to this chapter. This chapter may be used only if 80 percent or more of the area of the assessment district is developed for residential, commercial, or industrial use. (Added by Stats. 1984, Ch. 1298, Sec. 29.) - 10701. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. )
The legislative body may set the criteria property owners must meet to qualify for deferral and may set procedures to verify those criteria.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. ) ## 10701. The legislative body may determine criteria that property owners must meet to qualify for deferral, and may determine procedures to ensure that the criteria are satisfied. (Added by Stats. 1984, Ch. 1298, Sec. 29.) - 10702. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. )
A deferral arrangement cannot limit a bondholder’s remedies under this division if a default occurs.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. ) ## 10702. No deferral arrangement may restrict, reduce, or eliminate any remedy of a bondholder provided by this division in the event of a default. (Added by Stats. 1984, Ch. 1298, Sec. 29.) - 10703. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. ) ## 10703. Deferral may be provided through a year-to-year agreement between the city and an eligible property owner, which provides that the city will make assessment payments on behalf of the property owner for that year. No agreement shall commit the city to make deferral payments beyond one year. No agreement of this type shall be construed as a debt of the city. (Added by Stats. 1984, Ch. 1298, Sec. 29.) - 10704. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. ) ## 10704. Alternatively, the city may create a deferral fund for the assessment district, and deposit into the deferral fund an amount sufficient to pay the asessments being deferred for a specified period of time. Funds in the deferral fund may be invested as other city funds are invested, or in more restricted ways as determined by the legislative body. Any investment of the funds in the deferral fund shall comply with federal arbitrage rules. (Added by Stats. 1984, Ch. 1298, Sec. 29.) - 10705. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. )
A city may increase bond principal to fund a chapter program, and bond proceeds must go to the deferral fund for financing deferrals.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. ) ## 10705. A city may increase the principal amount of bonds issued under this division by an amount sufficient to fund a program pursuant to this chapter. The proceeds of bonds issued for this purpose shall be placed in the deferral fund created pursuant to Section 10704, and may be used for no other purpose than financing deferrals. The proceeds may be invested in interest-bearing securities of the federal government with maturities occurring on or before the maturity of the bonds issued pursuant to this section. Any investment of those bond proceeds shall comply with federal arbitrage rules (26 U.S.C. Sec. 103 and the rules adopted pursuant thereto). (Added by Stats. 1984, Ch. 1298, Sec. 29.) - 10706. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 12. THE MUNICIPAL IMPROVEMENT ACT OF 1913 [10000 - 10706] ( Division 12 added by Stats. 1953, Ch. 192. ) ## CHAPTER 8. Deferral of Assessments [10700 - 10706] ( Chapter 8 added by Stats. 1984, Ch. 1298, Sec. 29. ) ## 10706. The amount of any deferred assessments, including interest at a rate determined by the legislative body, shall be due and payable whenever the parcel of property upon which the assessment was levied is transferred, or at the time of last maturity of the bonds issued for the improvement pursuant to this division, or at other times as determined by the legislative body. (Added by Stats. 1984, Ch. 1298, Sec. 29.) - 108. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 108. Any agreement made under the authority of sections 106 and 107 may provide: (a) Either for apportionment of the expense of any such construction, reconstruction, replacement, improvement, or maintenance between such owner or person and the State, or for the surrender to the State of the rights and property of the owner and the construction, reconstruction, replacement, improvement, or maintenance of any such bridge partly or wholly at the expense of the State. (b) For the terms and conditions upon which the owner may use such bridge jointly with the public after the construction, reconstruction, replacement or improvement thereof. (c) For other pertinent matters to give effect to sections 106 and 107. (Enacted by Stats. 1935, Ch. 29.) - 109. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 109. Any such bridge acquired, constructed, reconstructed, replaced or improved in the manner provided in sections 106, 107 and 108 is a part of the State highway system and title thereto shall vest in the State. Any funds which, without such cooperative agreement, would be available for the construction, reconstruction, replacement, improvement or maintenance of a bridge at such location on the State highway system, shall be available for a similar use under such cooperative agreement. (Enacted by Stats. 1935, Ch. 29.) - 109.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may make agreements with the United States, and sometimes with another person, to handle highway or bridge changes and related property exchanges.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 109.5. Whenever the construction of any facility of the United States or any department or agency thereof, or any feature thereof, requires construction or relocation of, or other change in any state highway or bridge, the department may enter into an agreement with the United States, or with the United States and any person, providing therefor, and for the exchange of any property required thereby. The department may enter into like agreements for acquisition of a right-of-way over, or respecting maintenance of, any facility, constructed or owned by the United States or any department or agency thereof, all or any portion of which is to be used for highway purposes. (Amended by Stats. 1959, Ch. 648.) - 11. Verify source ↗
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )
This section says wording in the present tense also covers past and future tenses.
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 11. The present tense includes the past and future tenses; and the future, the present. (Enacted by Stats. 1935, Ch. 29.) - 110. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 110. Nothing in this article shall prohibit any county or city from contributing to the State, in the manner provided by law, funds or real property or interests therein for the acquisition, construction, reconstruction, replacement, improvement or maintenance of any such bridge as is provided for by sections 106, 107 and 108, nor prohibit the relinquishment of any such bridge by the department to any county or city. Upon relinquishment such bridge shall be under the supervision and control of the county or city to which it is relinquished. (Enacted by Stats. 1935, Ch. 29.) - 11000. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This part may be cited as the Pedestrian Mall Law of 1960.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11000. This part may be cited as the Pedestrian Mall Law of 1960. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11001. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
The chapter’s definitions control how this part is interpreted, unless the context requires otherwise.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11001. Unless the context otherwise requires, the definitions contained in this chapter shall govern the construction of this part. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11002. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This section defines “City” and “the city” for this part.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11002. “City” includes every county, city, and city and county within this State. “The city” means the particular county, city, or city and county, acting pursuant to this part. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11003. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This section defines “legislative body” as the legislative body of “the city.”
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11003. “Legislative body” means the legislative body of “the city.” (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11004. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This section defines “street” for the chapter as a public street, road, highway, alley, lane, court, way, or other place open to public use.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11004. “Street” as used in the definitions of the terms “city streets,” “mall intersection” and “intersecting streets” hereinafter defined means any public street, road, highway, alley, lane, court, way or place of any nature open to the use of the public. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11005. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This section defines “city street” for streets in a city, city and county, or county, with specific exclusions for freeways and certain highways.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11005. “City street,” as used with regard to streets located within a city or city and county, means any “street” located within the city or city and county, except a “freeway,” “state highway,” or “county highway” as defined in Sections 23.5, 24, and 25. “City street,” as used with regard to streets located within a county, means any “street” located within the county, except a “freeway” or “state highway,” as defined in Sections 23.5 and 24. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11006. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11006. “Pedestrian mall” means one or more “city streets,” or portions thereof, on which vehicular traffic is or is to be restricted in whole or in part and which is or is to be used exclusively or primarily for pedestrian travel. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11007. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
“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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11007. “Mall intersection” means any intersection of a “city street” constituting a part of a “pedestrian mall” with any “street,” which intersection is itself part of the “pedestrian mall.” (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11008. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This section defines “intersecting street” for pedestrian mall rules.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11008. “Intersecting street” means any “street” which meets or crosses a “pedestrian mall” at a “mall intersection” but includes only those portions thereof on either side of a “mall intersection” which lie between the “mall intersection” and the first intersection of the “intersecting street” with a public street or highway open to vehicular traffic. If any portion of a “pedestrian mall” terminates on a “street” at a place thereon other than a place of intersection with a public street or highway open to vehicular traffic, “intersecting street” also includes that portion of any “street” which lies between such place of termination and the first intersection of such “street” with a public street or highway open to vehicular traffic. “Intersecting street” shall also include any other “street” or portion thereof which the legislative body, in its resolution adopted pursuant to Section 11200, declares to be such. (Amended by Stats. 1961, Ch. 459.) - 11009. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This section defines “assessment roll” for city ad valorem tax purposes.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11009. “Assessment roll” means the assessment roll or rolls used by the city for purposes of city ad valorem taxes on real property of the city. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11010. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
If the city is a charter city, “similar special assessment law” includes that city’s procedural assessment ordinance.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11010. If “the city” is a charter city, “similar special assessment law” shall include a procedural assessment ordinance of such city. (Added by Stats. 1961, Ch. 459.) - 11011. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This section defines “Vehicle Parking District Law of 1943.”
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 1. General Provisions [11000 - 11011] ( Chapter 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11011. “Vehicle Parking District Law of 1943” means the Vehicle Parking District Law of 1943, Part 1 (commencing with Section 31500) of Division 18 of the Streets and Highways Code, as that statute existed on December 31, 1973. (Amended by Stats. 1996, Ch. 400, Sec. 5. Effective January 1, 1997.) - 111. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 111. Whenever the natural course of a State highway passes into or through any city and a State highway route through or around such city is not specifically described by law, the commission shall determine the location of the connecting portion necessary to make the State highway continuous. Such location may be either through or around such city, depending upon the commission’s determination as to which location will be of the greatest benefit to through traffic upon such State highway. Any portion of any street or highway, within the limits of such city, may be adopted by the commission as a part of the State highway system without compensation to the city. (Enacted by Stats. 1935, Ch. 29.) - 111.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 111.5. Whenever a city street or a county highway and an existing state highway (1) are substantially parallel; (2) each has been or is to be restricted to one-way traffic, proceeding in opposite directions as to each other, by ordinance of such city or county duly enacted and applicable thereto; and (3) the commission determines that the existing state highway is inadequate and that state highway traffic conditions can be improved and state highway traffic more economically served than by confining improvements to the existing state highway, the commission may adopt any portion of the city street or county highway so substantially parallel with an existing state highway, as a part of the State Highway System without compensation to the city or county, and the department may improve the same and make necessary connections to route traffic one way on such city street or county highway and the existing state highway, respectively. Whenever an ordinance of any city or county designating a particular highway as a one-way highway becomes applicable to a state highway, whether an existing state highway at the time of the enactment of such ordinance or a city street or county highway thereafter adopted as a state highway, such ordinance shall not be thereafter rescinded, repealed, revoked or amended by action of the legislative authority of such city or county without the consent in writing of the department with the approval of the commission first obtained, unless otherwise provided by the terms of any written agreement between the State and any city entered into prior to the effective date of this section. If any city street or county highway which has become a portion of the State Highway System pursuant to this section ceases to be a one-way street because the ordinance declaring such street or highway to be a one-way street or highway is rescinded, repealed, revoked, or amended, with the consent of the department, as hereinabove provided, such city street or county highway, or the portion thereof that is no longer restricted to one-way traffic, shall by operation of law revert to the status of a city street or county highway and cease to be a portion of the State Highway System. (Amended by Stats. 1953, Ch. 1493.) - 11100. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11100. The Legislature hereby finds and declares that in certain areas in cities and particularly in retail shopping areas thereof, there is need to separate pedestrian travel from vehicular travel and that such separation is necessary to protect the public safety or otherwise to serve the public interest and convenience. The Legislature further finds and declares that such objective can, in part, be accomplished by the establishment of pedestrian malls pursuant to this part. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11101. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11101. The legislative body of a city shall have the power: (a) To establish pedestrian malls. (b) To prohibit, in whole or in part, vehicular traffic on a pedestrian mall. (c) To pay, from general funds of the city or other available moneys or from the proceeds of assessments levied on lands benefited by the establishment of a pedestrian mall, the damages, if any, allowed or awarded to any property owner by reason of the establishment of a pedestrian mall. No money available for expenditure within the city from the proceeds of any tax, license or fee imposed by any public agency upon the ownership or operation of vehicles or the fuel used therein shall be used to pay such damages, except as may be permitted by Section 11005 of the Revenue and Taxation Code. (d) To construct on city streets which have been or will be established as a pedestrian mall improvements of any kind or nature necessary or convenient to the operation of such city streets as a pedestrian mall, including but not limited to, paving, sidewalks, curbs, gutters, sewers, drainage works, street lighting facilities, fire protection facilities, flood protection facilities, water distribution facilities, vehicular parking areas, retaining walls, landscaping, tree planting, statuary, fountains, decorative structures, benches, restrooms, child care facilities, display facilities, information booths, public assembly facilities, any improvements necessary or convenient for a covered air-conditioned mall, and other structures, works or improvements necessary or convenient to serve members of the public using such pedestrian mall, including the reconstruction or relocation of existing city-owned works, improvements or facilities on such city streets. The foregoing, or any portions thereof, are sometimes in this part referred to as “improvements.” (e) To pay, from general funds of the city or other available moneys or from the proceeds of assessments levied on property benefited by any such improvements, the whole or any portion of the cost of such improvements. No money available for expenditure within the city from the proceeds of any tax, license or fee imposed by any public agency upon the ownership or operation of vehicles or the fuel used therein shall be used to pay such cost or expense, except as may be permitted by Section 11005 of the Revenue and Taxation Code. (f) To do any and all other acts or things necessary or convenient for the accomplishment of the purposes of this part. (Amended by Stats. 1971, Ch. 178.) - 11101.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11101.5. The legislative body shall also have the power to acquire, by gift, purchase, eminent domain or otherwise, land, real property, or rights-of-way which will become part of a city street established as a pedestrian mall or which will otherwise be used by the city as part of, or for purposes connected with, a pedestrian mall, and such land, real property, or rights-of-way may be improved in the same manner as city streets may be improved under subdivision (d) of Section 11101. The legislative body shall also have the power to make such improvements on city streets adjacent to the pedestrian mall where such improvements are necessary or convenient to the operation of the mall. The acquisitions and improvements authorized by this section shall be deemed “improvements” as such term or a related term is used in this part and particularly in Sections 11101 and 11203 and in Chapter 8 (commencing with Section 11700) of this part. (Added by Stats. 1961, Ch. 459.) - 11102. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
The powers granted here to prohibit vehicle traffic on a city street are additional to, and not limited by, other legal powers.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11102. The powers herein granted to prohibit, in whole or in part, vehicular traffic on any city street shall be in addition to and not limited by the powers granted by Section 21101 of the Vehicle Code or by any other law. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11103. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 2. Purpose and Powers [11100 - 11103] ( Chapter 2 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11103. This part and all of its provisions shall be liberally construed to the end that its purpose may be effective. Any proceedings taken 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. This part does not affect any other law relating to the same or similar subject, but provides an alternative procedure for the subject to which it relates. When proceedings are taken under this part, its provisions only shall apply. The Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply to any proceedings taken under this part nor to any proceedings taken under any other law for the improvement of a pedestrian mall. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 112. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 112. The department may enter into an agreement with any city relative to proceedings to be taken by the city to fix or change the grade of any State highway, or portion thereof, within the city in order to establish a grade specified in such agreement. The city, in fixing such grade, may follow the procedure specified in any statute or ordinance providing for fixing or changing the grades of city streets with like effect as if such highway were a city street and the grade so established or changed shall be the official grade of such State highway or portion thereof. The city may contribute any part of the expense of such proceedings, including payment of claims, out of any funds available to it for the acquisition of rights of way for the construction, improvement or maintenance of streets. This section does not limit the right of the department, on authorization of the commission, to proceed as provided in Article 1 of Chapter 6 of this division. (Added by Stats. 1937, Ch. 901.) - 11200. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11200. When the legislative body shall determine that the public interest and convenience require the establishment of a pedestrian mall and that vehicular traffic will not be unduly inconvenienced thereby, it may adopt a resolution declaring its intention to establish such pedestrian mall. Such resolution shall contain: (a) The determination and declaration referred to above. (b) A general description of the city streets, or portions thereof, which are proposed to be established as a pedestrian mall. (c) A general description of the mall intersections. (d) A general description of the intersecting streets. (e) A statement that the legislative body proposes to adopt an ordinance prohibiting, in whole or in part, vehicular traffic on such pedestrian mall. If vehicular traffic is proposed to be prohibited only in part, the resolution shall also contain a general statement of the exceptions proposed to be made. Such exceptions may include exceptions in favor of public, emergency, utility and other classes of vehicles, may include exceptions in favor of all or certain classes of vehicles during certain days or during portions of days, and may include other exceptions of any kind or nature. (f) A general statement of the source or sources of moneys proposed to be used to pay damages, if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall. (g) A day, hour and place for the hearing by the legislative body of protests and objections to the establishment of the proposed pedestrian mall, and a statement that any and all persons having any objection to the establishment of the proposed pedestrian mall may file a written protest with the clerk of the legislative body at any time not later than the hour so fixed for the hearing. (h) A statement that any person owning or having any legal or equitable interest in any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall may file a written claim of damages with the clerk of the legislative body at any time not later than the hour so fixed for hearing; that such written claim must describe the real property as to which the claim is made, must state the exact nature of the claimant’s interest therein, must state the nature of the claimed damage thereto, and must state the amount of damages claimed; that failure to file such written claim within the time provided shall be deemed a waiver of any claim for damages or compensation and shall operate as a bar to any subsequent action seeking to prevent the establishment of said pedestrian mall or to recover damages on account of such establishment; and that the filing of such a claim shall operate as a bar in any subsequent action to the recovery of any damages or compensation in excess of the amount stated in such claim. (Amended by Stats. 1961, Ch. 459.) - 11201. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11201. In such resolution any street may be described by referring thereto by its lawful or official name, or the name by which it is commonly known, and the pedestrian mall, the mall intersections, and the intersecting streets may be described by reference to a map or plat thereof on file in the office of the clerk of the legislative body. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11202. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
The legislative body may propose in the resolution to pay some or all damages to property owners from assessments on benefited lands.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11202. In such resolution the legislative body may propose to pay the whole or any part of damages, if any, allowed or awarded to any property owner by reason of the establishment of the pedestrian mall from the proceeds of assessments levied upon lands benefited by the establishment of the pedestrian mall. In such case the resolution shall also contain: (a) A general description of the district (which may consist of noncontiguous portions) within which lie the lands deemed by the legislative body to be benefited by the establishment of the proposed pedestrian mall. Such district may be described as provided in Section 5181. (b) A statement that an assessment will be levied pursuant to this part to pay the whole or a stated portion of the damages, if any, allowed or awarded to any property owner by reason of the establishment of such pedestrian mall and the costs and expenses in connection with proceedings or actions taken pursuant to this part. (c) If bonds are to be issued, a statement that bonds to represent unpaid assessments will be issued, and the interest rate, or maximum interest rate, and term, or maximum term, of any such bonds. (Amended by Stats. 1961, Ch. 459.) - 11203. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11203. If in connection with the initial establishment of a pedestrian mall, the legislative body proposes to make any improvements of the kind or type referred to in subdivision (d) of Section 11101, such resolution shall also contain: (a) A general description of the improvements proposed to be made. Such description may be made (but is not required to be made) in any manner permitted or provided in any law under which such improvements are to be made or financed. (b) A general statement of the source or sources of moneys proposed to be used to pay the costs and expenses of such improvements. (c) If all or any part of such improvements are proposed to be made or financed under the Improvement Act of 1911, the Municipal Improvement Act of 1913, or similar special assessment law, a statement as to what law is proposed to be so used. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11204. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 3. Resolution of Intention [11200 - 11204] ( Chapter 3 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11204. (a) In connection with the initial establishment or the extension of a pedestrian mall, expenditures for the acquisition, construction or reconstruction (but not including expenditures for normal maintenance or repair) of streets within the proposed pedestrian mall made subsequent to such resolution or within three years prior to the adoption of such resolution from the proceeds of any tax, license, or fee imposed upon the ownership or operation of vehicles or the fuel used therein, shall be included as a cost of improvement of the mall. If the mall is subsequently established, an amount equivalent thereto shall be paid from moneys used to finance improvement of the mall into the special gas tax street improvement fund or the traffic safety fund in the case of a city, or into the special road improvement fund in the case of a county. (b) The provisions of subdivision (a) shall not apply to any expenditure made from proceeds of the vehicle license fee imposed under Division 2, Part 5 of the Revenue and Taxation Code, nor to any expenditure made prior to June 30, 1961. (Amended by Stats. 1961, Ch. 459.) - 113. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 113. Upon a request from the department the governing body of any city may acquire any real property or interest therein needed for state highway purposes and lying within such city. The title to such real property or interest therein may be taken in the name of the State or of the city. Any city may aid in the construction, improvement or maintenance of any state highway located in whole or in part within its boundaries by contributing any part of the expense thereof to the department out of any city funds available or to become available for construction, improvement or maintenance of streets within the city. (Amended by Stats. 1953, Ch. 902.) - 113.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 113.5. A city or county may enter into a cooperative agreement with the department to fund the construction or improvement of a segment of a state highway located in whole or in part within its jurisdiction when the project is included in the state transportation improvement program pursuant to Section 14529 of the Government Code. The project shall be constructed by the department, and, upon completion of construction, the highway segment shall be in the possession and control of, and operated and maintained by, the department. (Amended by Stats. 1983, Ch. 106, Sec. 1. Effective June 21, 1983.) - 11301. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
Copies of the pedestrian mall notice resolution must be posted in specified locations at least 90 days before the hearing.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11301. Copies of the resolution headed “Notice of Intention to Establish a Pedestrian Mall” in letters at least one-half inch in height shall be posted not more than 300 feet apart as follows: (a) On all city streets, or portions thereof, proposed to be established as a pedestrian mall. (b) On all intersecting streets. (c) If assessments are to be levied as contemplated by Section 11202, then upon all open streets within the district described in the resolution pursuant to such section. Such copies shall be posted not less than 90 days prior to the hearing. (Amended by Stats. 1961, Ch. 459.) - 11302. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11302. A copy of the resolution shall be mailed, not less than 45 days prior to the hearing to each person to whom any of the following described lands is assessed as shown on the last equalized assessment roll, at his or her address as shown upon that roll, and to any person, whether owner in fee or having a lien upon, or legal or equitable interest in, any of those lands whose name and address and a designation of the land in which he or she is interested is on file in the office of the city clerk or clerk of the board of supervisors, as the case may be. Those lands are as follows: (a) All parcels of land abutting upon any portion of the pedestrian mall or any portion of any intersecting street. (b) If assessments are to be levied as contemplated by Section 11202, then the notice procedures shall comply with Section 53753 of the Government Code. The legislative body may determine that the resolution shall also be mailed to other persons as it may specify. (Amended by Stats. 2002, Ch. 221, Sec. 130. Effective January 1, 2003.) - 11302.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11302.5. A copy of the resolution of intention shall be recorded in the office of the county recorder of the county in which lies any portion of any parcel of land abutting upon any portion of the proposed pedestrian mall or upon any portion of any intersecting street. The copy shall be recorded not less than 90 days prior to the hearing. (Added by Stats. 1965, Ch. 176.) - 11303. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11303. Not later than the hour set for hearing any interested person may, severally or with others, file with the clerk of the legislative body written objection to the establishment of the proposed pedestrian mall. Any protest or objection may be withdrawn at any time by written notice of the withdrawal filed with the clerk of the legislative body with the same effect as if it had never been made. If assessments are to be levied as contemplated by Section 11202, the protest and hearing procedures shall comply with Section 53753 of the Government Code. (Amended by Stats. 2000, Ch. 262, Sec. 35. Effective January 1, 2001.) - 11304. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11304. Not later than the hour set for hearing any person owning, or having any legal or equitable interest in, any real property which might suffer legal damage by reason of the establishment of the proposed pedestrian mall may file with the clerk of the legislative body a written claim of damages. Such written claim must describe the real property as to which the claim is made, must state the exact nature of the claimant’s interest therein, must state the nature of the claimed damage thereto, and must state the amount of damages claimed. The failure to file such written claim within the time provided shall be deemed a waiver of any claim for damages or compensation and shall operate as a bar to subsequent action seeking to prevent the establishment of said pedestrian mall or to recover damages on account of such establishment. The filing of such claim shall operate as a bar in any subsequent action to the recovery of any damages or compensation in excess of the amount stated in such claim. Any such claim may be withdrawn by the claimant at any time by written withdrawal with the same effect as if it had never been filed. (Amended by Stats. 1961, Ch. 459.) - 11305. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
At the hearing to establish the proposed district, objections, protests, and claims must be heard and considered.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11305. At the hearing held pursuant to Section 54954.6 of the Government Code to establish the proposed district all objections and protests shall be heard and considered, and all claims shall be heard and considered. The hearing may be continued from time to time by order entered on the minutes. (Amended by Stats. 1992, Ch. 1234, Sec. 23. Effective January 1, 1993.) - 11306. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11306. If the owners of lands abutting on the proposed pedestrian mall representing a majority of the frontage on the proposed pedestrian mall have made written objection to the establishment of the proposed pedestrian mall, the legislative body shall so find and shall terminate the proceedings for such establishment. In such event no proceeding hereunder for the establishment of the same or substantially the same pedestrian mall shall be commenced within one year after such termination. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11307. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
If assessments are levied under Section 11202, the notice, protest, and hearing procedures must follow Government Code Section 53753.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11307. If assessments are to be levied as contemplated by Section 11202, then the notice, protest, and hearing procedures shall comply with Section 53753 of the Government Code. (Amended by Stats. 2000, Ch. 262, Sec. 36. Effective January 1, 2001.) - 11308. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11308. If assessments are to be levied as contemplated by Section 11202, then at the hearing the legislative body may change the boundaries of the proposed district by adding thereto land which in its opinion will be benefited by the establishment of the pedestrian mall or by excluding from the district lands which in its opinion will not be so benefited. If the legislative body proposes any such change, the notice, protest, and hearing procedures shall comply with Section 53753 of the Government Code. (Amended by Stats. 2000, Ch. 262, Sec. 37. Effective January 1, 2001.) - 11309. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11309. Any objections or protests, whether to the things proposed by the resolution of intention or to any changes proposed pursuant to Section 11308, not made at the time and in the manner provided by this part are deemed voluntarily waived, and the proceedings hereunder shall not be attacked on any ground not stated in a written objection filed as provided in this part. Except in the case of a majority protest, as provided in Section 11306, or Section 11307, the legislative body may sustain or deny any or all objections or protests and its determination is final. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11310. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11310. At the hearing on the resolution of intention the legislative body may allow any claim for damages made pursuant to Section 11304. Any such allowance shall be for the full amount of damages claimed in the written claim except that the legislative body, with the written consent of the claimant, may allow a claim for a lesser amount. The right of any claimant to payment of the amount of any allowed claim shall be contingent upon the final establishment of the pedestrian mall; but all allowed claims must be paid by the city, from such source as the legislative body may determine, before vehicular traffic is prohibited, in whole or in part, on the pedestrian mall, pursuant to this part. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11311. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
After the hearing ends, the legislative body must decide by resolution either to abandon the proceeding or to establish the pedestrian mall.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 4. Notice and Hearing [11301 - 11311] ( Chapter 4 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11311. Following the conclusion of the hearing, the legislative body shall by resolution either abandon the proceeding taken pursuant to this part or determine that the pedestrian mall shall be established. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 114. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 114. (a) When the commission or other public entity has allocated any funds for the construction, improvement, or maintenance of any portion of a state highway within a city or a county, the department may enter into a cooperative agreement with the city or the county or other public entity for the performance of the work by the department or by the city or the county or other public entity, or for the apportionment of the expense of the work between the department and the city or the county or other public entity. (b) The department shall enter into a cooperative agreement with a city, county, or other public entity to perform professional and technical project development services, if the department determines that the city, county, or other public entity in which the project is located has qualified and available staff to perform the necessary project services. (Amended by Stats. 1988, Ch. 1218, Sec. 1.) - 114.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may not charge certain self-help counties more than 10% for administration indirect cost recovery, and must charge them for functional overhead.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 114.5. The department shall not charge any self-help counties with countywide sales tax measures dedicated to transportation improvements more than 10 percent for administration indirect cost recovery. The department shall charge those self-help counties for functional overhead. (Added by Stats. 2023, Ch. 54, Sec. 11. (SB 125) Effective July 10, 2023.) - 11400. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 5. Determination of Disputed Claims [11400 - 11402] ( Chapter 5 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 5. Determination of Disputed Claims [11400 - 11402] ( Chapter 5 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11400. If following the hearing the legislative body shall determine that the pedestrian mall shall be established, and if at that time there remain any written claims for damages which have not been allowed pursuant to Section 11310 or which have not been withdrawn, the legislative body shall direct that an action or actions be brought in the superior court in the name of the city by the county counsel, district attorney, or city attorney, as the case may be, or other attorney designated by the legislative body for a determination of the damages, if any, to which the claimant may legally be entitled because of the establishment of the pedestrian mall. Such action shall be in the nature of a proceeding in eminent domain for the condemnation of the right or rights in real property, the taking of which by the establishment of the pedestrian mall results in the damages claimed. Except as may otherwise be provided in this part, such action and proceeding shall be governed so far as the same may be made applicable by the provisions relating to proceedings in eminent domain. Except as provided in Article 2 (commencing with Section 1245.210) of Chapter 4 of Title 7 of Part 3 of the Code of Civil Procedure, in any such action the resolution of intention adopted pursuant to this part and the resolution adopted under Section 11311 conclusively establish the matters referred to in Section 1240.030 of the Code of Civil Procedure. (Amended by Stats. 1975, Ch. 1240.) - 11401. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 5. Determination of Disputed Claims [11400 - 11402] ( Chapter 5 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
Vehicular traffic on the pedestrian mall may not be prohibited until the related judgment is satisfied and a final order is taken.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 5. Determination of Disputed Claims [11400 - 11402] ( Chapter 5 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11401. The judgment in any such action shall be satisfied and a final order taken before vehicular traffic is prohibited, in whole or in part, on the pedestrian mall pursuant to this part. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11402. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 5. Determination of Disputed Claims [11400 - 11402] ( Chapter 5 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
This section says the part does not create a right to damages or compensation just because a pedestrian mall is established.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 5. Determination of Disputed Claims [11400 - 11402] ( Chapter 5 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11402. Anything in this part to the contrary notwithstanding, nothing in this part shall be construed or interpreted as creating any right in any person to damages or compensation by reason of the establishment of a pedestrian mall, it being the intention of the Legislature in enacting this part to provide an orderly method for the determination and payment only of such damages and compensation as are required by the Constitutions of the State of California and the United States of America. In this connection the Legislature hereby expressly declares that it is its intention that to the extent to which the establishment of a pedestrian mall is justifiable as an exercise of the police power for which no compensation is constitutionally required, no damages or compensation shall be allowed in any action. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 115. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
Work done under sections 111, 113, and 114 must be satisfactory to, and approved by, the department.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 115. All work performed pursuant to any provisions of sections 111, 113 and 114 shall be performed to the satisfaction of and subject to the approval of the department. (Enacted by Stats. 1935, Ch. 29.) - 11500. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11500. If assessments are to be levied as contemplated by Section 11202, then in the resolution provided for in Section 11311, the legislative body shall fix and establish the boundaries of the district as finally determined. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11501. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11501. After all claims for damages filed pursuant to this part have been finally determined, by allowance by the legislative body, by withdrawal, or by a judgment in an action or actions brought pursuant to Chapter 5 (commencing with Section 11400), and the full amount of damages to be paid has accordingly been finally determined, all or any part of the total amount of damages (but not exceeding that part thereof as may be specified in the resolution of intention), together with all costs and expenses incurred in connection with any proceedings or actions taken pursuant to this part, may be assessed against the lands within the district and subject to assessment, in proportion to the special benefits, in accordance with subdivision (a) of Section 2 of Article XIII D of the California Constitution, to be derived from the establishment of the pedestrian mall. (Amended by Stats. 2000, Ch. 262, Sec. 38. Effective January 1, 2001.) - 11502. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11502. An assessment may be levied and bonds to represent unpaid assessments issued and sold substantially in the manner provided in the Vehicle Parking District Law of 1943, and to the extent applicable, that law shall govern as to the preparation of the diagram, the lien of the assessments, the notice of recordation, the collection of assessments, the issuance, sale and delivery of bonds upon unpaid assessments, the term of the bonds, the maximum interest rate thereon, the collection and enforcement of those bonds, and all other matters to the extent applicable and except as provided in this part. The notice, protest, and hearing procedures regarding the levying of the assessment shall comply with Section 53753 of the Government Code. (Amended by Stats. 2000, Ch. 262, Sec. 39. Effective January 1, 2001.) - 11503. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11503. In so applying the provisions of the Vehicle Parking District Law of 1943, the following provisions and exceptions shall apply: (a) The limits provided by said law on the amount of the assessment shall not apply. (b) The legislative body shall provide for the form of the bonds and of the principal and interest coupons to be attached thereto. (c) The legislative body may provide that the redemption provisions of said bonds shall require the payment of such premium as the legislative body may specify. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11504. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11504. All collections of assessments and all proceeds of the sale of bonds issued upon unpaid assessments shall be placed in a special fund and used exclusively for the payment of the damages, if any, and expenses for which the assessments were levied. If there is a surplus in such special fund, the legislative body may expend such surplus for the improvement or operation of the pedestrian mall. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11505. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 6. Assessments and Bonds [11500 - 11505] ( Chapter 6 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11505. Notwithstanding the fact that the proceedings under this part have provided that assessments are to be levied as contemplated by Section 11202, the legislative body, at any time and either before or after the adoption of the resolution provided for in Section 11311, may determine that such assessments shall not be levied. In lieu thereof the legislative body may provide for the payment of all or any part of the amounts referred to in Section 11501 out of general funds of the city or out of any other available funds. No money available for expenditure within the city from the proceeds of any tax, license or fee imposed by any public agency upon the ownership or operation of vehicles or the fuel used therein shall be used to pay such amounts, except as may be permitted by Section 11005 of the Revenue and Taxation Code. The legislative body may also provide at any time for the payment of all or any part of such amounts by including the same as part of the incidental expenses in any proceeding taken for the improvement of the pedestrian mall under the Improvement Act of 1911, the Municipal Improvement Act of 1913, or similar special assessment law for the improvement of the pedestrian mall. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 116. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 116. The department may delegate to any such city or county any part of the powers and jurisdiction vested by law in the department, except the power of approval, with respect to any portion of any such state highway within such city or county, and may withdraw such delegation. (Amended by Stats. 1977, Ch. 547.) - 1160. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
This section defines terms used in the article: “Division,” “Last equalized assessment roll,” and “Highway.”
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1160. As used in this article: (a) “Division” means permanent road division. (b) “Last equalized assessment roll” means the last assessment roll made up by the county assessor, including the changes ordered by the board of supervisors sitting as a board of equalization. (c) “Highway” means any county road or highway or any public roadway right of way or any private easement or roadway not accepted or acceptable into the county highway system but upon which a permanent public easement is offered or any privately owned road which meets the requirements of and in connection with which the necessary findings of Section 969.5 of this code can be made. (Amended by Stats. 1957, Ch. 981.) - 1160.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
This article may be cited as the Permanent Road Division Law.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1160.5. This article shall be known and may be cited as the Permanent Road Division Law. (Added by Stats. 1986, Ch. 578, Sec. 4. Effective August 26, 1986.) - 11600. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 7. Establishment of the Mall [11600 - 11603] ( Chapter 7 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 7. Establishment of the Mall [11600 - 11603] ( Chapter 7 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11600. Following the adoption of the resolution provided for in Section 11311, and as soon as moneys have been fully provided for the payment of all claims, if any, allowed pursuant to Section 11310 and for the payment of all damages and compensation, if any, awarded in any action or actions brought pursuant to Chapter 5 (commencing at Section 11400) hereof, the legislative body may adopt an ordinance establishing the pedestrian mall. Such ordinance shall contain: (a) A general description of the pedestrian mall and a declaration and determination that the same is finally established. The mall as finally established shall be substantially the same as that described in the resolution of intention. (b) Rules and regulations prohibiting vehicular traffic on such pedestrian mall subject to such exceptions as the ordinance may provide. Such rules and regulations and such exceptions shall be substantially in accordance with the statements made in the resolution of intention. (c) Such additional rules and regulations as the legislative body may determine pertaining to the interpretation, operation and enforcement of the rules and regulations referred to in subdivision (b) above, and otherwise pertaining to the use, operation, maintenance and control of the pedestrian mall. (d) Such provisions as the legislative body may determine pertaining to the operative date or dates of any of such rules or regulations. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11601. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 7. Establishment of the Mall [11600 - 11603] ( Chapter 7 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 7. Establishment of the Mall [11600 - 11603] ( Chapter 7 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11601. Such ordinance shall be adopted and published in the manner, and shall take effect, as provided by law or charter for other ordinances of the city. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11602. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 7. Establishment of the Mall [11600 - 11603] ( Chapter 7 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 7. Establishment of the Mall [11600 - 11603] ( Chapter 7 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11602. Such ordinance shall be subject to referendum in the same manner as other ordinances of the city. No payment of allowed claims or damages or compensation awarded by any court shall be made until such ordinance is in effect but all such allowed claims, damages and compensation shall be paid before the rules and regulations provided in such ordinance become operative. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11603. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 7. Establishment of the Mall [11600 - 11603] ( Chapter 7 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 7. Establishment of the Mall [11600 - 11603] ( Chapter 7 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11603. Proceedings under this part and the adoption of such ordinance notwithstanding, the city and its legislative body shall retain its police powers and other rights and powers relating to the city streets constituting a part of the pedestrian mall. No action taken pursuant to this part shall be interpreted or construed to be a vacation or abandonment, in whole or in part, of any city street or any right therein, it being intended that the establishment of a pedestrian mall pursuant to this part be a matter of regulation only. Nothing in this part shall be interpreted or construed to prevent the city and its legislative body at any time subsequent to the adoption of the ordinance provided for in this chapter, from abandoning the operation of the pedestrian mall, from changing the extent of the pedestrian mall, or from changing or repealing any of the rules and regulations pertaining to the pedestrian mall but Section 11304 shall not operate as a bar to any claim of damages resulting solely from changes made subsequent to the adoption of the ordinance provided for in this chapter. (Amended by Stats. 1961, Ch. 459.) - 1161. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1161. Any portion of a county, not already contained in a division, may be formed into a division under the provisions of this article. When formed, each division shall have the powers enumerated in this article. For the purpose of this article, a city is not a division, but may be included in a division. (Enacted by Stats. 1935, Ch. 29.) - 1162. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1162. A petition for the formation of a division may be presented to the board of supervisors of the county wherein the division is proposed to be formed. The petition shall contain: (a) The name of the proposed division. (b) The signatures of at least a majority of the landowners within the proposed division or the signatures of owners of more than 50 percent of the assessed valuation within the division. (c) The boundaries of the proposed division. (d) The number of acres therein and the assessed valuation of such acreage according to the last equalized assessment roll of the county. (e) The value of the improvements on real estate and of the personal property within the proposed division according to the last equalized assessment roll. (f) The number of inhabitants therein, as nearly as can be ascertained. (g) A particular description of the location of any highway which it is desired to construct, improve or permanently maintain or maintain for a specified number of years, in the event of which such limited period of maintenance the period thereof shall be shown and a statement showing the necessity for such work. (Amended by Stats. 1959, Ch. 1308.) - 1162.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1162.5. (a) In lieu of submission of a petition pursuant to Section 1162, formation of a division may be initiated by a resolution of the board of supervisors. The resolution shall meet all the requirements of Section 1162 except those relating to signatures of landowners. In addition, the resolution shall fix a time and place for a public hearing on the establishment of the proposed division which shall not be less than 30 nor more than 60 days after the adoption of the resolution. (b) The clerk of the board of supervisors shall publish a notice of the hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the county, or, if there is no newspaper published in the county, in a newspaper of general circulation which is circulated in the territory proposed to be included within the division. Publication shall be complete at least seven days prior to the date of the hearing. The notice shall contain the text of the resolution, the time and place for the hearing, and a statement that at the hearing the testimony of all interested persons for or against the establishment of the division will be heard. At least 20 days before the date set for the hearing, the clerk of the board of supervisors shall mail copies of the notice to all affected landowners whose names appear on the last equalized assessment roll. (c) At the hearing, protests against the establishment of the division may be made orally or in writing by any interested person. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and clearly set forth the irregularities and defects to which objection is made. All written protests shall be filed with the clerk of the board of supervisors on or before the time fixed for the hearing and may be withdrawn in writing at any time before the conclusion of the hearing. The board may waive any irregularities in the form or content of any written protest and at the hearing may correct minor defects in the proceedings. (d) If written protests are received from at least 25 percent but not more than 50 percent of the affected landowners, or landowners who would be required to pay any proposed special tax or parcel charge which represents more than 25 percent of the total amount of the expected revenue necessary to finance the division, and those protests are not withdrawn by the end of the hearing, the proposed division shall be submitted to the landowners for majority voter approval. If written protests are received from 50 percent or more of the affected landowners, or landowners who would be required to pay any proposed special tax or parcel charge which represents more than 50 percent of the total amount of the expected revenue necessary to finance the division and those protests are not withdrawn by the end of the hearing, the proposed division shall be abandonded for at least one year. (e) The board of supervisors may conduct, by mail, any election held to approve or disapprove a proposed division. (f) If no election is required pursuant to subdivision (d), the division may be formed pursuant to Section 1166. (g) If an election is required pursuant to subdivision (d), the board of supervisors may include on the same ballot the question of whether a special tax shall be levied within the division. The board of supervisors may submit the question of levy of a special tax to the voters separately from the question of formation of the division, or may consolidate both questions into a single measure. Sections 1173 to 1178, inclusive, are applicable to an election held pursuant to this subdivision. (Added by Stats. 1990, Ch. 70, Sec. 1.) - 1162.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1162.6. (a) Notwithstanding any other provision of this chapter, the board of supervisors may form a permanent road division without reference to a specific permanent road project. The division may include the entire unincorporated area of the county. The board may create zones within the division for specific permanent road projects, with differing special taxes or parcel charges. Parcel charges shall be deemed to be assessments within the meaning of Article XIII D of the California Constitution. (b) Formation of the division shall be initiated by resolution of the board of supervisors that sets a time and date for a hearing on the matter. Notice of the hearing shall be given pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the county, or, if there is no newspaper of general circulation published in the county, in a newspaper of general circulation that is circulated within the territory proposed to be included within the division. Publication shall be complete at least seven days prior to the hearing. (c) At the hearing, the board of supervisors shall hear all objections to the establishment of the division and shall determine whether to form the division. (d) Proceedings to form a division or zones may be consolidated with an assessment ballot proceeding pursuant to Section 53753 of the Government Code. (Added by Stats. 1999, Ch. 269, Sec. 2. Effective January 1, 2000.) - 1163. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1163. Such petition shall be accompanied by an affidavit stating that affiant has compared the valuations given in the petition with those on the last equalized assessment roll and that such valuations are complete and correct. The affiant shall be a person over the age of eighteen who is not a signatory to the petition and who owns no taxable property in the division. (Enacted by Stats. 1935, Ch. 29.) - 1164. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
A petition must be published under Section 1196, and the publication must include notice of the meeting time when the board will consider it.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1164. Such petition shall be published in the manner authorized by Section 1196, together with a notice stating the time of the meeting at which the board will consider the petition. (Amended by Stats. 1961, Ch. 964.) - 1165. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1165. Such petition shall be presented either at a regular meeting of the board or at a special meeting called to receive and consider it. On the day stated in the notice the board shall hear the petition and may adjourn such hearing from time to time, but not longer than one month in all. (Enacted by Stats. 1935, Ch. 29.) - 1166. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board must decide whether the proposed division will be formed, and if it does, it may adjust the boundaries and must establish them.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1166. Following the hearing or election, as the case may be, the board shall decide if the proposed division is to be formed. If the board decides to form the division, it may make changes in the boundaries as it finds proper and shall define and establish the boundaries. The changes shall not include any territory outside of the boundaries described in the petition or resolution unless the board has given at least 15 days’ notice of its intention to include that territory in the division. The notice shall be given by publication, in the the manner authorized by Section 1196, and by leaving a copy of the notice at each place of abode in the outside territory. (Amended by Stats. 1990, Ch. 70, Sec. 2.) - 1167. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board’s established boundaries are the division’s boundaries until they are changed under this article.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1167. The boundaries established by the board shall be the boundaries of the division until such boundaries are changed in the manner provided in this article. (Enacted by Stats. 1935, Ch. 29.) - 1168. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1168. If the board finds that the boundaries thus established for such division are incorrectly described, it shall direct the county surveyor to ascertain and report a correct description of the boundaries in conformity with the orders of the board. At the first regular meeting of the board after the filing of the county surveyor’s report, the board shall cause to be published, in the manner authorized by section 1196, a notice that the report will be considered at the next regular meeting of the board, stating the day. At the appointed meeting the board shall ratify the report of the surveyor, with such modifications as the board considers necessary. The boundaries established pursuant to this section shall be the legal boundaries of the division. (Enacted by Stats. 1935, Ch. 29.) - 1168.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1168.5. Any landowner whose property is located within the division may file a verified petition with the board alleging that the property will not be benefited by any construction, improvement, or maintenance project proposed to be undertaken by the division. In such case, the board shall set the petition for hearing. Notice of the hearing shall be published in accordance with Section 1196. If, after hearing all of the evidence introduced at such hearing, the board finds and determines that the property will not, in fact, be benefited by the proposed project to be undertaken by the division and if there are no outstanding obligations owed by the landowner to the division, the board may order the property withdrawn and the boundaries modified accordingly. Thereafter, the boundaries as modified shall be the legal boundaries of the division. (Added by Stats. 1977, Ch. 633.) - 1168.7. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1168.7. The board may hold a hearing to determine if any property located outside of a division will benefit from any construction, improvement, or maintenance project proposed to be undertaken by the division. Notice of the hearing shall be published in accordance with Section 1196. Notice shall also be mailed by the board, at least 10 days prior to the hearing, to all landowners whose property located outside of the division may benefit from the proposed project. The failure to mail any notice, or the failure of any person to receive such notice, shall not affect the validity of any action taken by the board under this section. If, after hearing all of the evidence introduced at the hearing, the board finds and determines that property located outside of the division will benefit from the project proposed to be undertaken by the division, the board may order the boundaries of the division to be modified so as to include such property. Thereafter, the boundaries as modified shall be the legal boundaries of the division. (Added by Stats. 1977, Ch. 633.) - 1168.8. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1168.8. (a) Property may be annexed to or detached from a permanent road division in the same manner and under the same procedures provided in Sections 1162 to 1168, inclusive, for the formation of a division. Any reference to “proposed division” in any of these sections shall be deemed to be a reference to the area proposed for annexation to or detachment from the existing division. (b) If the board finds that the proposed annexation or detachment should occur, with or without modification, the board may by resolution declare the change to be made and establish a date upon which the boundaries of the division, as amended, shall become effective. (c) Property annexed to a division in which bonds are outstanding for work performed pursuant to this article shall not be deemed to be property in the division for the purpose of Section 1184. (d) Property detached from a division in which bonds are outstanding for work done pursuant to this article shall be deemed to be property in the division for purposes of Section 1184 until the bonds are retired. (e) This section is alternative to any other provision of this article providing for a change in boundaries of a permanent road division. (Added by Stats. 1986, Ch. 578, Sec. 5. Effective August 26, 1986.) - 1168.9. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1168.9. (a) The board may order two or more divisions consolidated if the board finds that their boundaries are contiguous at any point or that a consolidated program of construction, improvement, or maintenance will reduce the costs of or increase the efficiency of providing highway construction, improvement, or maintenance. (b) Property within a division proposed to be consolidated with another division and in which bonds are not outstanding for work performed pursuant to this article shall not be deemed to be property in the division for the purpose of Section 1184 as it applies to the consolidated division. (Added by Stats. 1986, Ch. 578, Sec. 6. Effective August 26, 1986.) - 1169. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1169. At, or at any time after, the time of forming a division, any 10 or more freeholders thereof may petition the board to have plans prepared for the construction, improvement, or maintenance of all or any part of any highway lying within the division, whether or not such highway is mentioned in the petition for the formation of the division. In the event that there are 10 or fewer freeholders thereof, such petition will be sufficient if it bears the signatures of at least a majority of the landowners within the proposed division and the signatures of owners of more than 50 percent of the assessed valuation within the division. (Amended by Stats. 1959, Ch. 1308.) - 117. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may issue permits for certain structures and utilities in a state-highway right-of-way, unless the title instrument says otherwise.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 117. Unless otherwise specifically provided in the instrument conveying title, the acquisition, ownership, or control by the department of any right-of-way over any real property for state highway purposes includes the right of the department to issue, under Chapter 3 (commencing with Section 660), permits for the location in the right-of-way of any structures or fixtures necessary to telegraph, telephone, advanced communication or information services, or electrical lines or of any ditches, pipes, drains, sewers, or underground structures. (Amended by Stats. 2022, Ch. 71, Sec. 12. (SB 198) Effective June 30, 2022.) - 1170. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
A petition for highway construction or improvement must include certain requested details if appropriate.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1170. Such petition for construction or improvement shall state if appropriate: (a) The recommendations of the petitioners as to the materials to be used and the manner of constructing or improving such highway. (b) An estimate of the probable expense of such work. (c) A request that the board appropriate for such work a specified sum of money from the road fund of the county. (d) A request that the board appropriate for such work a specified sum of money from the road district funds of the road districts in which any part of the division is located. (e) A request that, in order to raise the balance necessary for such work, a special tax be levied or bonds of the division be issued. (f) A request that annually for the period for which maintenance is proposed the board levy a special tax upon the division in amount sufficient for maintenance and annually appropriate such amount for maintenance purposes. (Amended by Stats. 1961, Ch. 801.) - 11700. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 8. Improvement of the Pedestrian Mall [11700 - 11702] ( Chapter 8 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 8. Improvement of the Pedestrian Mall [11700 - 11702] ( Chapter 8 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11700. The city and its legislative body shall have the power to improve a pedestrian mall as provided in subdivision (d) of Section 11101, and for the accomplishment, in whole or in part, of that purpose may use the Improvement Act of 1911, the Municipal Improvement Act of 1913, or any similar special assessment law. Any work or improvement permitted by said subdivision (d) shall be deemed to be work or improvement permitted to be done under any such act or law. The city may also pay the whole or any part of the cost and expenses of improving a pedestrian mall from its general funds or from any other available money and may let contracts for the work in any manner permitted by law or charter. No money available for expenditure within the city from the proceeds of any tax, license, or fee imposed by any public agency upon the ownership or operation of vehicles or the fuel used therein shall be used to pay such cost or expense, except as may be permitted by Section 11005 of the Revenue and Taxation Code. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11701. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 8. Improvement of the Pedestrian Mall [11700 - 11702] ( Chapter 8 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
A pedestrian mall may be improved now or later, but no contract for the work can be awarded until required funds are fully provided.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 8. Improvement of the Pedestrian Mall [11700 - 11702] ( Chapter 8 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11701. A pedestrian mall established or to be established pursuant to this part may be so improved either concurrently with the proceedings taken under this part for the establishment of the pedestrian mall or at any time subsequent to the establishment of the city mall, but no contract for the work or improvement shall be awarded until moneys have been fully provided for the payment of all claims allowed pursuant to Section 11310 and for the payment of all damages and compensation, if any, awarded in any action or actions brought pursuant to Chapter 5 (commencing at Section 11400) hereof. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 11702. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 8. Improvement of the Pedestrian Mall [11700 - 11702] ( Chapter 8 added by Stats. 1960, 1st Ex. Sess., Ch. 33. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 8. Improvement of the Pedestrian Mall [11700 - 11702] ( Chapter 8 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## 11702. If in connection with the establishment of a pedestrian mall and concurrently with the proceedings taken pursuant to this part, the legislative body proposes to improve the proposed pedestrian mall and for that purpose uses the Improvement Act of 1911, the Municipal Improvement Act of 1913, or any similar special assessment law, the legislative body may combine any part of the proceedings taken pursuant to this part with any part of the proceedings taken under any such special assessment law, to the end that duplication of ordinances, resolutions, notices, hearings and other acts or proceedings may be avoided. (Added by Stats. 1960, 1st Ex. Sess., Ch. 33.) - 1171. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
When the board receives a petition, it must prepare estimates, plans, and specifications for the requested highway work, excluding maintenance.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1171. Upon receiving such petition the board shall cause to be prepared estimates, plans, and specifications for the work mentioned in the petition exclusive of maintenance, and for any other highway or work which the board considers a necessary part of the highway mentioned in the petition. (Amended by Stats. 1957, Ch. 981.) - 1172. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1172. When it has adopted plans and specifications for such work exclusive of maintenance, the board may set apart therefor from the road fund of the county, and from the funds of any district of which the division is a part, such sums as the board considers equitable. The board shall not set apart from the funds of any such district less than 75 percent of the sum which bears the same ratio to the whole fund of the particular district as the assessed valuation of that part of the division lying in the district bears to the whole assessed valuation of the district. The board may set apart more than this percentage. The board shall cause the sums to be set apart in a fund known as the “permanent road fund of ____ division,” specifying the division by name. (Amended by Stats. 1961, Ch. 801.) - 1173. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1173. When a special tax is petitioned for, the board shall immediately order an election within the division to determine whether such tax will be levied. The board may submit to the electors at such election the question whether the balance of the estimated cost of the proposed work will be raised by a special tax in one year or spread equally over 2, 3, 4, 5, 6, 7, 8, 9, or 10 successive years and whether the amount annually estimated to be needed for maintenance will be raised by the annual levy of a special tax for the period appropriate to the period indicated in the petition. The electorate at such an election shall consist of the registered voters residing within the boundaries of the division if there are 10 or more registered voters residing within the division at the time of ordering the election or if there are less than 10 registered voters within the boundaries of the division at the time of ordering the election the electorate shall consist of the legal owners of the land lying within the boundaries of such division as shown on the last equalized assessment roll unless proof of transfer of legal title satisfactory to the board is submitted to the board at least 10 days prior to the date of election in which event the transferee shall be an elector in the place and stead of the transferor unless the transferor is the legal owner of other property within the boundaries of the division. (Amended by Stats. 1972, Ch. 140.) - 1174. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board must call the election and give notice by posting and publishing it in the ways required by sections 1195 and 1196.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1174. The board shall call such election by posting notices in the manner provided in section 1195, and by publishing notice of the election in the manner authorized by section 1196. (Enacted by Stats. 1935, Ch. 29.) - 1175. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1175. Such notice of election shall contain: (a) The time and place of holding the election. (b) The amount of money proposed to be raised for construction or improvement. (c) The purpose for which such money is to be used, including a brief description of the proposed work and materials to be used. (d) Whether it is proposed to raise the amount in one or more years, stating the number of years and the amount to be raised each year. (e) Whether it is proposed to levy a tax annually for maintenance and for what period any such tax is proposed. (Amended by Stats. 1957, Ch. 981.) - 1176. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1176. For the purposes of this election, the board shall establish, by order, one or more precincts and appoint three judges for each precinct to conduct the election. The election shall be conducted as nearly as practicable in conformity with the general election laws, but no particular form of ballot need be used. To the right of or below the question on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets. An informality in conducting the election shall not invalidate the election if it was otherwise fairly conducted. (Amended by Stats. 2025, Ch. 303, Sec. 31. (AB 1512) Effective January 1, 2026.) - 1177. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
Election officers must certify the election result to the board and report the total votes and votes for and against the tax.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1177. The officers of the election shall certify the result of the election to the board, giving the whole number of votes cast, and the number for and the number against the tax. If the majority is against the tax, the money transferred to the fund of such division shall revert to the funds from which it was taken. (Enacted by Stats. 1935, Ch. 29.) - 1178. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1178. If two-thirds of the votes cast are for the tax, the board shall annually, at the time of levying the county taxes, levy a special tax in the division sufficient to raise the amount voted for the current fiscal year, sufficient to meet estimated costs of maintenance for the current fiscal year, and sufficient to reimburse the county for any expenses recoverable under Section 1197. (Amended by Stats. 1985, Ch. 97, Sec. 2.) - 1178.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1178.5. When the levy of a special tax has been authorized, the board of supervisors may advance to the permanent road division the division’s share of the cost of the improvements or the board of supervisors may determine to proceed with such work at such time as the estimated expense has been raised by taxes levied within the division. (Added by Stats. 1959, Ch. 1308.) - 1179. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1179. The tax so levied shall be collected in the same manner as county taxes and, when collected, shall be paid into the county treasury for the use of the division in which the tax is collected. (Amended by Stats. 1985, Ch. 97, Sec. 3.) - 1179.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1179.5. In lieu of, or in addition to, any special tax levied pursuant to Section 1178, the board may fix and collect parcel charges for any permanent road division pursuant to the assessment ballot procedures in Section 53753 of the Government Code. (Amended by Stats. 2008, Ch. 158, Sec. 17. Effective January 1, 2009.) - 1179.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1179.6. (a) In addition to any other authority granted under this article, the board may issue bonds, notes, or other evidences of indebtedness on behalf of a permanent road division or a zone to finance capital improvements for a term of not more than 10 years, to be repaid solely from special taxes or parcel charges levied within the division or zone. (b) The provisions of Sections 53356.1 to 53356.6, inclusive, of the Government Code shall apply within the division or zone with regard to the collection of the special taxes or parcel charges and to the foreclosure of liens when the board has issued bonds, notes, or other evidences of indebtedness on behalf of the division or zone. (Added by Stats. 2000, Ch. 179, Sec. 1. Effective January 1, 2001.) - 118. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may dispose of surplus highway property, but certain sales and exchanges must follow commission-set terms, payment limits, and housing-affordability conditions.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 118. (a) If the department determines that real property or an interest therein, previously or hereafter acquired by the state for highway purposes, is no longer necessary for those purposes, the department may sell, contract to sell, sell by trust deed, or exchange the real property or interest therein in the manner and upon terms, standards, and conditions established by the commission. The payment period in a contract of sale or sale by trust deed shall not extend longer than 10 years from the time the contract of sale or trust deed is executed, and a transaction involving a contract of sale or sale by trust deed to private parties shall require a downpayment of at least 30 percent of the purchase price, except as follows: (1) For improved and unimproved real property sold or exchanged for the purpose of housing for persons and families of low or moderate income, as defined in Section 50093 of the Health and Safety Code, the payment period shall not exceed 40 years and the downpayment shall be at least 5 percent of the purchase price. All contracts of sale or sales by trust deed, for the purpose of housing for persons and families of low or moderate income shall bear interest. The rate of interest for the contract or sale shall be computed annually, and shall be the same as the average rate returned by the Pooled Money Investment Board for the past five fiscal years immediately preceding the year in which the payment is made. The contract of sale and sales by trust deeds shall not be utilized if the proposed development or sale qualifies for financing from other sources and if the financing makes feasible the provision of low- and moderate-income housing. (2) Improved residential property sold to a local public agency pursuant to paragraph (1), if subsequently sold or transferred to a nonprofit housing organization, shall have the endorsement of the city in which the parcels are located, or the county if the parcels are located in an unincorporated area, that the housing shall remain at affordable housing costs to persons and families of low or moderate income and very low income households for the longest feasible time, but for not less than 15 years, as determined by the city or county, as applicable. By endorsing the sale, the city or county accepts the responsibility of ensuring the housing remains affordable. The local public agency shall record in the office of the county recorder covenants or restrictions implementing this subdivision. Notwithstanding any other provision of law, the covenants or restrictions shall run with the land and shall be enforceable against the original purchaser from the department and successors in interest. (b) A conveyance under this section shall be approved by the commission and shall be executed on behalf of the state by the director and the purchase price shall be paid into the State Treasury to the credit of any fund, available to the department for highway purposes, which the commission designates. (c) Any such real property or interest therein may in like manner be exchanged, either as whole or part consideration, for any other real property or interest therein needed for state highway purposes. (Amended by Stats. 2008, Ch. 179, Sec. 208. Effective January 1, 2009.) - 118.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 118.1. Except as provided in Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code and Section 118. 6 of this code, with respect to commercial real property acquired for the construction of a state highway, but no longer required for that purpose because the construction will not be undertaken, the department shall first offer the real property for sale at its current fair market value to the occupant thereof if the occupant is renting or leasing the real property from the department, has used and occupied the real property, and has made improvements of a value in excess of five thousand dollars ($5,000) on the real property during that time at his or her own expense consistent with the terms of the rental or lease agreement with the department. For the purpose of establishing fair market value, the department shall obtain at least two independent appraisals from qualified appraisers. The failure of the department to first offer excess real property as required by this section shall not affect the validity of any conveyance of this excess real property to any person or entity unaware of the failure of the department to do so. However, this shall in no way be construed as releasing the department from its responsibility in offering that property to the occupants thereof first. (Added by Stats. 1981, Ch. 851, Sec. 1.) - 118.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 118.5. No parcel of property acquired by eminent domain for the purposes specified in Section 104 which, in its entirety, is found to be no longer necessary for such purposes shall be subject to public sale, unless an amount equal to the taxes which would have been paid by the owner had the property not been acquired by the state is transmitted by the department to the county auditor of the county in which the property is located. The amount of any payments made pursuant to Section 104.10 with respect to the property shall be deducted from the amount required to be transmitted pursuant to this section. The money received by the county under this section shall be expended only for the purposes authorized by Article XIX of the California Constitution. (Amended by Stats. 1979, Ch. 1060.) - 118.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 118.6. The department shall, to the greatest extent possible, offer to sell or exchange excess real property within one year from the date that it is determined by the department to be excess. “Excess real property,” for the purposes of this section, means all land and improvements situated outside of calculated highway right-of-way lines not needed or used for highway or other public purposes, including, but not limited to, those leased to public agencies pursuant to Section 104.15, and available for sale or exchange. The department shall adopt rules and regulations to determine which real property outside of calculated right-of-way lines is no longer needed or used for highway or other public purposes, and which is available for sale or exchange. The department is authorized to lease all real property not presently needed or used for highway purposes pending the sale or exchange of such property. Excess real property which consists of lands of notable environmental value, such as, but not limited to, lands of extraordinary scenic beauty, lands fronting on waterway, lakes, and marshes, lands within the boundaries of parks, recreational areas, wildlife preserves or refuges, and lands providing wildlife habitat shall first be offered for sale or exchange to public agencies operating parks and recreational areas as follows: (a) To any park or recreation department of any city within which the land may be situated. (b) To any park or recreation department of the county within which the land is situated. (c) To any regional park authority having jurisdiction within the area in which the land is situated. (d) To the State Resources Agency or any agency which may succeed to its powers. The public agency desiring to purchase such land for park or recreation use shall notify the department within 60 days of its intent to purchase the land after receipt of the department’s notification of intent to sell the land. If the public agency desiring to purchase the land and the department are unable to arrive at a mutually satisfactory sales price for the land during the 60-day period, the land may be disposed of in the normal manner. The failure of the department to first offer excess real property which consists of lands of notable environmental value to public agencies operating parks and recreational areas shall not affect the validity of any conveyance of such excess real property to any person or entity unaware of the failure of the department to do so; however, this shall in no way be construed as releasing the department from its responsibility in offering such property to such public agencies first. (Amended by Stats. 1982, Ch. 681, Sec. 46.5.) - 118.7. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 118.7. (a) The department may, upon terms, standards, and conditions approved by the commission and the California Coastal Commission, transfer environmental mitigation property located within the city limits of Huntington Beach to a public agency or to a nonprofit corporation that is qualified pursuant to Section 501(c)(3) of the Internal Revenue Code and is organized for, among other things, open-space or land conservation purposes. (b) For the purposes of this section, “environmental mitigation property,” means property owned by the department that is required by state or federal law, or by permit conditions imposed by a state or federal agency, to be preserved or restored as natural habitat to offset the environmental impacts caused by the construction and operation of a state highway improvement project. However, “environmental mitigation property” does not include property that is part of highway operating right of way. Environmental mitigation property shall be maintained as natural habitat in accordance with the permit conditions. “Environmental mitigation property” means property situated immediately east and adjacent to State Highway Route 1 located between Brookhurst Street and Newland Street with an approximate size of 7.1 acres. (c) As a condition to the transfer of environmental mitigation property pursuant to subdivision (a), the department may enter into a cooperative agreement with the transferee to provide funding for the future maintenance of the property consistent with any permit conditions and mitigation requirements imposed by state or federal law or conditions imposed by a state or federal agency. In determining the amount of the funding provided, the department shall consider the costs of maintaining the property and shall offset from the amount of those costs any benefit or value received by the transferee as a result of the transfer. The department shall provide the fiscal and transportation policy committees of the Legislature with at least 30 days prior written notice of the transfer and cooperative agreement, and the amount of any funding in accordance with the transfer and cooperative agreement, to facilitate the Legislature’s review of the transfer. Funding provided as part of a transfer agreement shall be limited to a single occurrence. (d) (1) The public agency or nonprofit corporation to which the department transfers the environmental mitigation property shall assume the long-term responsibility for the future maintenance of the property. (2) (A) If the public agency or nonprofit corporation fails to maintain the property in the manner required by law and in the manner described in subdivision (b), or if the nonprofit corporation ceases to exist, the property shall automatically revert to the department. (B) If the property reverts back to the department pursuant to this paragraph, any remaining funds from the original transfer pursuant to subdivision (a) shall revert back to the department. (C) Any costs, including legal costs, associated with reversion pursuant to this paragraph shall not accrue to the department. (e) (1) All deeds conveying property in accordance with this section shall include a restriction limiting the use of the property solely for environmental mitigation purposes in accordance with the permit conditions specified in subdivision (b). (2) All deeds conveying property in accordance with this section and deeds related to a transfer or assignment of property under this section shall be filed with the county recorder’s office in the county where the property is located. (f) The public agency or nonprofit corporation to which the department transfers environmental mitigation property shall not do any of the following: (1) Transfer or assign the property to another entity without approval from the department and compliance with this section. (2) Transfer or use the property for any other purpose than required by permit conditions and mitigation requirements. (3) Subdivide the property. (4) Allow the property to be used to obtain development approval for other property or to provide mitigation for the development of other property. (Added by Stats. 2003, Ch. 503, Sec. 1. Effective January 1, 2004.) - 118.8. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 118.8. (a) For purposes of this section, the following definitions apply: (1) “State Route 710 Terminus” means the Route 710 Terminus in the City of Alhambra, north of Route 10, built and currently operating as State Route 710. (2) “The State Route 710 Terminus adjacent areas” means any department-owned areas or any areas impacted by past department planning for State Route 710, within the geographic area in any jurisdiction of the County of Los Angeles bounded by North Eastern Street to the west; Huntington Drive, west of the intersection of Huntington Drive and West Main Street, and West Main Street, east of that intersection, on the north; South Fremont Avenue on the east; and Route 10 on the south, excluding the State Route 710 Terminus. (b) (1) The department shall establish and administer a Terminus Regional Planning Task Force, composed of the following members: (A) Two representatives from the City of Alhambra. (B) Two representatives from the City of Los Angeles, one of whom resides in the 90032 Zip Code. (C) One representative from the County of Los Angeles. (D) One representative from the California State University, Los Angeles. (E) One representative from the Los Angeles County Metropolitan Transportation Authority. (F) One representative from a business or workforce entity. (G) One representative from a community-based organization. (H) No more than two additional members to be appointed by the department. (2) The department shall issue a solicitation of interest throughout the community and, from respondent entities, select the business or workforce entity and the community-based organization to be represented on the task force pursuant to subparagraphs (F) and (G) of paragraph (1), respectively. (3) Each of the entities identified in subparagraphs (A) to (E), inclusive, of paragraph (1) and each of the entities selected pursuant to paragraph (2) shall nominate its representative to the department. The Mayor of the City of Los Angeles and the Los Angeles City Council shall jointly nominate the representatives of the City of Los Angeles. The Alhambra City Council shall nominate the representatives of the City of Alhambra. (4) The department, in considering the nominations, shall ensure jurisdictional balance on the task force. (c) (1) The task force shall meet quarterly, incorporating robust community engagement, to discuss the issues of traffic and potential land uses, including affordable housing, student housing, workforce development space, public university expansion, parks, open space, and alternative transportation. (2) By December 1, 2025, the task force shall complete and submit a report to the Legislature, in compliance with Section 9795 of the Government Code, on projects and land use in the State Route 710 Terminus adjacent areas addressing the issues identified in paragraph (1), including a summary and status of the Alhambra 710 Arterial Project. (3) Notwithstanding any other law, the report required to be submitted pursuant to paragraph (2) shall not be considered a land use study. (d) Upon completing its duties required under subdivision (c), the task force shall dissolve. (e) Nothing in this section shall be construed to authorize the task force to impede a local jurisdiction’s ability to implement projects at the State Route 710 Terminus or in State Route 710 Terminus adjacent areas. (f) This section shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2023, Ch. 501, Sec. 2. (SB 710) Effective January 1, 2024. Repealed as of January 1, 2027, by its own provisions.) - 118.9. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
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.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 118.9. (a) For purposes of this section, the following definitions apply: (1) (A) Except as provided in subparagraph (B), “Blues Beach property” means the property that meets the following description: (i) The department acquired the property for state highway purposes. (ii) The property is located along State Route 1 between post mile 73.65 and post mile 75.62 in the unincorporated community of Westport in the County of Mendocino. (B) “Blues Beach property” does not include property that is part of the highway-operating right-of-way. (2) “California Native American tribe” means the Sherwood Valley Band of Pomo Indians, the Round Valley Indian Tribes, or the Coyote Valley Band of Pomo Indians. (3) “Qualified nonprofit corporation” means a nonprofit corporation that is qualified pursuant to Section 501(c)(3) of the Internal Revenue Code and is organized by one or more California Native American tribes for the purpose of environmental protection, including the protection of Native American cultural resources. A qualified nonprofit corporation may include other Native American tribes besides California Native American tribes if their participation in the nonprofit is approved by a majority of the California Native American tribes organizing the nonprofit. (b) The department may, upon terms, standards, and conditions approved by the commission, transfer the Blues Beach property at no cost to a qualified nonprofit corporation in accordance with this section. (c) The conditions of the transfer of the Blues Beach property pursuant to subdivision (b) shall require the Blues Beach property to be maintained as a natural habitat and for protection of Native American cultural resources. (d) As a condition to the transfer of the Blues Beach property pursuant to subdivision (b), the department may enter into an agreement with the transferee on a written plan to manage the Blues Beach property in accordance with this section. (e) The department shall provide the fiscal and transportation policy committees of the Legislature with at least 30 days prior written notice of the transfer to facilitate the Legislature’s review of the transfer. (f) (1) The qualified nonprofit corporation to which the department transfers the Blues Beach property shall assume the long-term responsibility for the future maintenance of the property. (2) (A) If the qualified nonprofit corporation fails to maintain the Blues Beach property in the manner required by this section, or if the qualified nonprofit corporation ceases to exist, the property shall automatically revert to the department. (B) Any costs, including legal costs, associated with reversion pursuant to this paragraph shall not accrue to the department. (g) (1) All deeds conveying the Blues Beach property in accordance with this section shall include a restriction limiting the use of the property to public access, natural habitat, and the protection of Native American cultural resources. (2) All deeds conveying the Blues Beach property in accordance with this section and deeds related to a transfer or assignment of property under this section shall be filed with the county recorder’s office in the county where the property is located and shall be consistent with Section 30609.5 of the Public Resources Code. (h) A qualified nonprofit corporation to which the department transfers the Blues Beach property pursuant to this section shall not do any of the following: (1) Transfer or assign the Blues Beach property to another entity without approval from the department and compliance with this section. (2) Transfer or use the property for any other purpose than the purposes authorized in this section. (3) Subdivide the property. (4) Allow the property to be used to obtain development approval for other property or to provide mitigation for the development of other property. (5) Charge monetary fees to access the property. (6) Permit commercial or retail development on the property. (7) Permit gaming on the property. (i) A qualified nonprofit corporation to which the department transfers the Blues Beach property pursuant to this section shall allow public access to the Blues Beach property consistent with the requirement to provide public access, maintain natural habitat, and protect Native American cultural resources, but may restrict public access to any portion of the property that contains a Native American burial ground and shall restrict public access from sunset to sunrise. The restriction on public access from sunset to sunrise does not apply to Native American cultural activities, including, but not limited to, conducting cultural activities, harvesting native plants, and fishing. (j) The Legislature finds and declares both of the following: (1) This section serves the public purpose of conserving highly vulnerable natural and cultural resources that must be preserved and protected from damage due to unauthorized activities. (2) Due to the remoteness of the Blues Beach property and the exceptional vulnerability of the resources, it is necessary to restrict public coastal access to the hours between sunrise and sunset. (Amended by Stats. 2022, Ch. 28, Sec. 152. (SB 1380) Effective January 1, 2023.) - 1180. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
If a petition asks for bonds, the board must call an election and submit the bond question to the electors.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1180. If the petition proposing the work asks for the issuance of bonds of the division, the board shall call an election in such division and submit to the electors thereof the question whether the bonds of the division shall be issued. The board shall call such election by posting notices in the manner provided in section 1195 and by publishing notice thereof in the manner provided in section 1196. (Enacted by Stats. 1935, Ch. 29.) - 11800. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. )
This section defines “district” for this chapter.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. ) ## 11800. As used in this chapter, the term “district” means the district within which lie the lands deemed by the legislative body to be benefited by the establishment of the pedestrian mall, the boundaries of which have been finally fixed and established pursuant to Section 11500, and in this event such district so established shall be the “district” within the meaning of this chapter even though the legislative body may have determined pursuant to Section 11505 that assessments shall not be levied as contemplated by Section 11202. (Added by Stats. 1961, Ch. 459.) - 11801. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. ) ## 11801. If a district contemplated by Section 11800 has not been established pursuant to Section 11500, then the term “district” as used in this chapter means the district deemed by the legislative body to be benefited by the establishment of the pedestrian mall, the boundaries of which district have been finally fixed and established in the first proceeding taken for the improvement of the pedestrian mall pursuant to the Improvement Act of 1911, the Municipal Improvement Act of 1913 or any similar special assessment law. (Added by Stats. 1961, Ch. 459.) - 11802. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. )
This chapter does not apply unless a district has been established under Section 11800 or Section 11801.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. ) ## 11802. If a district has not been established as contemplated by either Section 11800 or Section 11801, this chapter shall not be applicable. (Added by Stats. 1961, Ch. 459.) - 11803. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. ) ## 11803. Following the establishment of a pedestrian mall pursuant to this part and annually on or before June 30th, the legislative body may prepare and approve an estimate of the expenditures required during the ensuing fiscal year for the maintenance, operation, repair and improvement of the pedestrian mall and shall deduct from such estimate the amount of revenues, if any, which the legislative body estimates will accrue to the city during such year from the operation of the pedestrian mall. (Added by Stats. 1961, Ch. 459.) - 11804. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. ) ## 11804. The legislative body may levy and collect in any year upon and against all of the taxable land and improvements within the district a special ad valorem assessment sufficient to raise a sum of money not exceeding the net amount determined pursuant to Section 11803 but the rate of assessment in any one year shall not exceed fifty cents ($0.50) on each one hundred dollars ($100) assessed value as shown on the assessment roll used by the city for city taxation. (Amended by Stats. 1965, Ch. 765.) - 11804.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. )
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.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. ) ## 11804.5. Notwithstanding the provisions of Section 11804, the maximum rate which may be assessed by the legislative body of the City of Redding for the Redding Midtown Project No. 1, R-120 only, is two dollars ($2) on each one hundred dollars ($100) of assessed value. Assessments for such project shall only be levied on property located within the project. (Added by Stats. 1971, Ch. 178.) - 11805. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. )
The special ad valorem assessment must be handled the same way as the city’s general taxes for timing, collection, enforcement, interest, and penalties.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. ) ## 11805. The special ad valorem assessment shall be levied, collected, and enforced at the same times, in the same manner, by the same officers, and with the same interest and penalties, as in the case of general taxes levied by the city. (Added by Stats. 1961, Ch. 459.) - 11806. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. )
Assessment proceeds must be put into a separate city fund and used only for pedestrian mall maintenance, operation, repair, or improvement.
## Streets and Highways Code - SHC ## DIVISION 13. PEDESTRIAN MALLS [11000 - 11806] ( Division 13 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## PART 1. PEDESTRIAN MALL LAW OF 1960 [11000 - 11806] ( Part 1 added by Stats. 1960, 1st Ex. Sess., Ch. 33. ) ## CHAPTER 9. Special Ad Valorem Assessments [11800 - 11806] ( Chapter 9 added by Stats. 1961, Ch. 459. ) ## 11806. The proceeds of the assessment shall be placed in a separate fund of the city and shall be expended only for the maintenance, operation, repair or improvement of the pedestrian mall. (Added by Stats. 1961, Ch. 459.) - 1181. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1181. The notice of election shall contain: (a) The time and place of holding the election. (b) The boundaries of the election districts. No election precinct shall be partly in each of two or more districts. (c) The names of three judges for each election district, to conduct the election. (d) The hours, which shall not be less than eight, during which the polls will be open. (e) The amount and denomination of the bonds, the rate of interest, and the greatest number of years for which the last-maturing bonds will run. (f) The purpose for which the proceeds of the bonds are to be used, including a brief description of the proposed work and the materials to be used. (g) The signature of the chair of the board, attested by the clerk of the board of supervisors. (Amended by Stats. 2002, Ch. 221, Sec. 122. Effective January 1, 2003.) - 1182. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The election must be conducted as closely as practicable under the general election laws, and no specific ballot form is required.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1182. The election shall be conducted as nearly as practicable in accordance with the general election laws, but no particular form of ballot need be used. An informality in conducting the election shall not invalidate the election if it was otherwise fairly conducted. To the right of or below each bond proposition on the ballot, the words “Yes” and “No” shall be printed on separate lines, with voting targets. (Amended by Stats. 2025, Ch. 303, Sec. 32. (AB 1512) Effective January 1, 2026.) - 1183. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1183. The officers of the election shall certify the result of the election to the board, giving the whole number of votes cast and the number for and the number against the bonds. If two-thirds of those voting on the proposition are in favor of issuing the bonds, the board shall cause an entry of that fact to be made upon the minutes of the board. (Enacted by Stats. 1935, Ch. 29.) - 1184. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1184. The board may then issue the bonds of the division to the number and amount provided for in the election proceedings. The bonds shall be payable out of the funds of the division, and the money for the redemption of and the interest on the bonds shall be raised by taxation upon the property in the division. The total amount of bonds so issued shall not exceed fifteen per cent of the taxable property of the division as shown by the last equalized assessment roll of the county. (Enacted by Stats. 1935, Ch. 29.) - 1185. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board must enter an order in its minutes and set the bonds’ form, due date, and interest rate.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1185. The board, by an order entered upon its minutes, shall prescribe all of the following: (a) The form of the bonds. (b) The time when the bonds become due, not exceeding 40 years from the date thereof. (c) The rate of interest the bonds shall bear, not exceeding the maximum rate permitted by law. (Amended by Stats. 1985, Ch. 97, Sec. 5.) - 1186. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1186. The interest on the bonds shall be payable annually. Each bond and each coupon shall bear the signature or facsimile printed signature of the chair of the board and of the clerk of the board of supervisors. The county treasurer shall, after reasonable notice, sell the bonds to the highest and best bidder, but not for less than par plus any accrued interest. (Amended by Stats. 2002, Ch. 221, Sec. 123. Effective January 1, 2003.) - 1187. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
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.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1187. If, at the election on the question of whether or not bonds are to be issued, the bonds are not authorized, the money transferred to the fund of the division shall revert to the funds from which it was taken. (Enacted by Stats. 1935, Ch. 29.) - 1188. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board must have the highway work done under specified Public Contract Code provisions, with bid notice published in a local newspaper if one exists, and the successful bidder must post a bond required by the board.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1188. The board shall cause the highway work provided for in this article to be done in accordance with the provisions of Sections 20391 to 20395, inclusive, of the Public Contract Code, except that the notice calling for bids shall be published in a newspaper published in the division if there is such a newspaper. The successful bidder shall deposit a bond in the amount the board requires, conditioned on the faithful performance of the contract and on the payment for all labor employed and all material used in the work. (Amended by Stats. 2011, Ch. 296, Sec. 290. (AB 1023) Effective January 1, 2012.) - 1189. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
Before bids are opened, the board may appoint inspectors and set their pay. The inspectors must inspect the contract work and file monthly reports with the board.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1189. Before opening the bids for doing any work provided for in this article, the board may appoint such inspectors as it considers necessary and fix their compensation, or may proceed as provided in either section 1075 or section 1191. Such compensation shall be paid out of the funds of the division. Such inspectors shall: (a) Inspect from time to time the work being done under the contract. (b) File with the board at least once a month reports on the manner in which the contractor is performing the work, setting forth in detail any objections they or any of them have to the manner in which the work is being done, with recommendations as to changes desirable and provided for in the plans and specifications. (c) State in each report the amount of unsatisfactory work done during the period for which the report is made, and estimate the value thereof. (Enacted by Stats. 1935, Ch. 29.) - 119. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The director must execute a reconveyance of certain real property or interests in it on behalf of the State, and it cannot be made until the original consideration has been refunded or reconveyed to the State or another entitled party.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 119. Any real property or interest therein which has passed to the State and has been accepted on behalf of the State by the department for highway purposes, inadvertently or by mistake, may be reconveyed to the persons entitled thereto. The reconveyance of any such real property or interest therein shall be executed by the director on behalf of the State. Such reconveyance shall not be made until the consideration originally received therefor by the grantor is first refunded or reconveyed to the State, or to any other party entitled thereto. (Enacted by Stats. 1935, Ch. 29.) - 1190. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board must not pay for work reported as unsatisfactory unless objections are found unfounded or the contractor completes the work according to the plans and specifications.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1190. The board shall make no payment on account of work which is reported by the inspectors to be unsatisfactory, until the objections are investigated and determined to be unfounded, or until the contractor has performed the work in strict compliance with the plans and specifications. (Enacted by Stats. 1935, Ch. 29.) - 1191. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board may hire an engineer instead of appointing inspectors or using the section 1075 process, and that engineer must prepare plans and specifications, supervise the work, and do other services the board requires.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1191. In lieu of the appointment of inspectors as provided in section 1189, or in lieu of proceeding pursuant to section 1075, the board may employ an engineer who shall prepare plans and specifications, supervise the work, and perform such other services as the board requires. (Enacted by Stats. 1935, Ch. 29.) - 1192. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board may make progress payments as the work goes on, but it cannot pay more than 75% of the completed contract price before the contract is finished, and it cannot make final payment until the board accepts the work.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1192. From time to time as the work progresses, the board may make payments on account, but shall not, before the completion of the contract, pay more than seventy-five per cent of the contract price of the amount completed. The board shall not make final payment until the work is accepted by the board. (Enacted by Stats. 1935, Ch. 29.) - 1193. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
After the contracted highway work is finished and paid for, any remaining division funds must stay in the fund and be used only to maintain that division’s highways.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1193. Any money in the fund of the division, after completion of, and final payment for, the work contracted for, shall remain in such fund and be expended solely in maintaining the highways of that division. (Enacted by Stats. 1935, Ch. 29.) - 1194. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
A division ceases to exist when its debts are paid or when, within two years after formation, it fails to vote a special tax or bonds for proposed work, unless it also exists for maintenance.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1194. On payment of all debts of the division or on the failure of the division within two years after formation to vote a special tax or bonds for any proposed work, the division shall cease to exist, unless the division also exists for the purpose of maintenance. (Amended by Stats. 1985, Ch. 97, Sec. 6.) - 1194.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
A permanent road division that stopped existing may be reinstated as an active division if the board of supervisors orders it by resolution and finds the maintenance need still exists and the maintenance period has not expired.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1194.5. A permanent road division formed for the purpose of maintenance that has ceased to exist as a result of the amendments made to Section 1194 by Section 3 of Chapter 1025 of the Statutes of 1969 may be reinstated as an active and functioning division upon order of the board of supervisors adopted by resolution, if the board finds that the necessity for maintenance work within the division continues to exist and any limited period of maintenance set forth in the petition for the formation of the division has not expired. (Added by Stats. 1985, Ch. 97, Sec. 7.) - 1195. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board must post certain notices at least 15 days before the election along each highway proposed to be built or improved.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1195. The board shall cause the notices, which are required to be posted by sections 1174 and 1180, to be posted at least fifteen days before the election along every highway proposed to be constructed or improved, at distances not more than one mile apart, and not less than three such notices. (Enacted by Stats. 1935, Ch. 29.) - 1196. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The board must publish required notices in a newspaper in the division if one exists, or otherwise in a county newspaper the board thinks is best for notice, and the publication must run once a week for three consecutive weeks.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1196. The board shall cause all publications, required by this article, particularly sections 1164, 1166, 1168, 1174 and 1180, in any proceeding or election, to be published in a newspaper published within the division, if any newspaper is published therein. If there is no newspaper published within the division, the board shall cause such publication to be made in a newspaper published within the county and considered by the board best adapted to give notice to the residents of the division. One publication each week for three successive weeks shall be a sufficient publication under this article, the last publication to be not less than seven days prior to the event of which the publication is notice. (Enacted by Stats. 1935, Ch. 29.) - 1197. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. )
The county must treat the listed organizing, election, and engineering expenses as county charges paid from the county general fund; if a division is formed and a tax levy or parcel charge is authorized, the county recovers those expenses from the division’s funds.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 4. Methods of Performing Highway Work [1070 - 1197] ( Chapter 4 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. By Permanent Road Divisions [1160 - 1197] ( Article 3 added by Stats. 1935, Ch. 29. ) ## 1197. The expenses of organizing a division, conducting any necessary election, and providing engineering services, pursuant to this article, shall be a county charge payable out of the county general fund. If a division is formed and a tax levy authorized or parcel charge imposed, the expenses shall be recovered by the county from the funds of the division. (Amended by Stats. 1985, Ch. 97, Sec. 8.) - 12. Verify source ↗
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )
In this provision, masculine terms also include feminine and neuter terms.
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 12. The masculine gender includes the feminine and neuter. (Enacted by Stats. 1935, Ch. 29.) - 12.2. Verify source ↗
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )
“Spouse” includes a registered domestic partner.
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 12.2. “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 113. (SB 1005) Effective January 1, 2017.) - 120. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may abandon part of a state highway crossing a railroad track or right of way, and may close the crossing, but only with the Public Utilities Commission’s consent and approval.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 120. With the consent and approval of the Public Utilities Commission, the department may abandon that portion of any state highway which crosses the tracks or right of way of any railroad or street railroad, and may close such crossing. (Amended by Stats. 1953, Ch. 700.) - 121. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must maintain and operate certain federally designated All-American Road state highways in line with the corridor management plan’s context-sensitive design recommendations for aesthetics and safety.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 121. Notwithstanding any other provision of law, a state highway that has been designated by the federal government as an All-American Road on or before April 30, 2002, shall be maintained and operated by the department consistent with the recommendations for context-sensitive design standards relative to aesthetics and safety that are contained in the corridor management plan submitted to the Federal Highway Administration. (Added by Stats. 2002, Ch. 530, Sec. 1. Effective January 1, 2003.) - 122. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may work on a highway in a state park if jurisdiction over it has been given up to the park’s managing authority. Work on non-state highways in state parks needs park authority approval.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 122. Whenever jurisdiction over any highway within a State park has been relinquished to the authority charged by law with the management and control of such park, the department may construct, improve or maintain such highway. Any construction, improvement or maintenance of highways, other than State highways, within state parks shall be subject to the approval of the park authority. (Enacted by Stats. 1935, Ch. 29.) - 123. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
Section 122 does not reduce the department’s authority, possession, or control over state highways, even when part of the highway is inside a state park.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 123. The provisions of section 122 shall neither affect nor limit the department’s authority, possession or control of any State highway even though any portion of such State highway is located within a State park. (Enacted by Stats. 1935, Ch. 29.) - 123.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must put up and maintain signs directing people to each of the 21 California Missions near the relevant state highway intersection, or at freeway turn-offs.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 123.5. The department shall erect and maintain signs directing the way to each of the 21 California Missions originally established by the Franciscan Fathers at the state highway intersection (or turn-offs in case of freeways) nearest to each of the missions. (Added by Stats. 1957, Ch. 999.) - 124. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may restrict or close any State highway when it thinks that is necessary.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 124. The department may restrict the use of, or close, any State highway whenever the department considers such closing or restriction of use necessary: (a) For the protection of the public. (b) For the protection of such highway from damage during storms or during construction, improvement or maintenance operations thereon. (Enacted by Stats. 1935, Ch. 29.) - 124.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
After the required safety study and determination, the department must set methods to reduce the Tecate-border truck safety hazard, including possibly banning truck tractor-trailers on part of Route 94 at specified schoolbus times.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 124.1. (a) Upon completion by the department of a safety study and a determination by the director, with the concurrence of the Commissioner of the California Highway Patrol, that truck traffic attributable to the United States-Mexico border crossing at Tecate in San Diego County constitutes a safety hazard to schoolbus operations, the department shall determine methods of mitigating the safety hazard, including, but not limited to, prohibiting the use of truck tractor-trailer combinations on Route 94 from the communities of Boulevard and Manzanita to the junction of Route 54 (traveling east and west) during the hours of 6 a.m. to 9 a.m. and 2 p.m. to 5 p.m. on those days that public school districts utilize that portion of Route 94 to operate schoolbuses, as defined in Section 545 of the Vehicle Code. (b) Any person operating a vehicle on Route 94 in violation of this section is guilty of an infraction punishable as provided in Section 42001 of the Vehicle Code. (Added by Stats. 1997, Ch. 426, Sec. 1. Effective January 1, 1998.) - 125. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may take traffic-control steps to notify the public when a state highway is closed or its use is restricted.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 125. To notify the public that a state highway is closed or its use restricted, the department may: (a) Erect suitable barriers or obstructions upon such highway. (b) Post warnings and notices of the condition of any such highway. (c) Post signs for the direction of traffic upon it, or to or upon any other highway or detour open to public travel. (d) Place warning devices on such highway. (e) Assign a flagman to warn, detour or direct traffic on such highway. (Amended by Stats. 1951, Ch. 837.) - 126. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may buy environmental mitigation credits under specified conditions, use an alternative purchase method for certain mitigation purposes, and enter cooperative agreements to manage environmental mitigation endowments.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 126. (a) Notwithstanding the advertising and bidding provisions of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code, the department may enter into an agreement for the purchase of environmental mitigation credits in a mitigation credit agreement, or from a mitigation bank, conservation bank, or an in-lieu fee program, or other mitigation credit provider, if a state or federal regulatory agency requires the department to purchase credits from a particular mitigation credit provider. (b) Notwithstanding the advertising and bidding provisions of Part 2 (commencing with Section 10100) of Division 2 of the Public Contract Code or Article 6 (commencing with Section 999) of Chapter 6 of Division 4 of the Military and Veterans Code, the department may use an alternative method to purchase environmental mitigation credits from a mitigation bank, conservation bank, or in-lieu fee program, mitigation credit agreement, or other mitigation credit provider for the purpose of fulfilling mitigation responsibilities for natural resources or for advance mitigation purposes, as specified in Section 800.6, if the environmental mitigation credits are solicited through a process, as determined by the department in cooperation with the Department of General Services, that includes a solicitation or evaluation of cost and the availability of environmental mitigation credits. (c) The department and a governmental entity, a special district, a nonprofit organization, a community foundation, or a congressionally chartered foundation may enter into a cooperative agreement at any time to hold, manage, and invest an endowment for an environmental mitigation property, as defined in subdivision (k) of Section 104, and disburse payments from the endowment to the holder of the property consistent with the fund agreement. (d) For purposes of this section, the following definitions apply: (1) “Community foundation” has the same meaning as defined in Section 65965 of the Government Code. (2) “Congressionally chartered foundation” has the same meaning as defined in Section 65965 of the Government Code. (3) “Environmental mitigation credit” means a unit of mitigation as determined in a mitigation or conservation bank enabling instrument, as defined in Section 1797.5 of the Fish and Game Code, in-lieu fee program instrument, mitigation credit agreement, or other agreement approved by a state or federal regulatory agency. (4) “In-lieu fee program” has the same meaning as provided in Section 332.2 of Title 33 of the Code of Federal Regulations or Section 230.92 of Title 40 of the Code of Federal Regulations. (5) “Mitigation bank” or “conservation bank” means an entity as defined in subdivision (d) or (f) of Section 1797.5 of the Fish and Game Code or as defined as a “mitigation bank” in Section 332.2 of Title 33 to the Code of Federal Regulations or Section 230.92 of Title 40 of the Code of Federal Regulations. (6) “Mitigation credit agreement” means a mitigation credit agreement approved by the Department of Fish and Wildlife pursuant to Chapter 9 (commencing with Section 1850) of Division 2 of the Fish and Game Code. (7) “Nonprofit organization” has the same meaning as defined in Section 65965 of the Government Code. (e) (1) This section shall remain in effect only until December 31, 2033, and as of that date is repealed. (2) Endowments or other agreements entered into pursuant to this section before December 31, 2033, shall remain in effect beyond that date. (Added by Stats. 2023, Ch. 57, Sec. 4. (SB 145) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.) - 126.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may make agreements with governmental, nonprofit, and for-profit entities to fund or carry out environmental mitigation work tied to transportation projects.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 126.1. (a) The department may enter into agreements, which shall provide funding as necessary, with governmental, nonprofit, and for-profit entities for the purpose of mitigating environmental impacts caused by transportation projects, for maintaining environmental mitigation property, as defined in Section 104, or for advance mitigation purposes, as provided in Section 800.6. These agreements may provide for the advancement of funds as necessary. (b) (1) This section shall remain in effect only until December 31, 2033, and as of that date is repealed. (2) Agreements entered into pursuant to this section before December 31, 2033, shall remain in effect beyond that date. (Added by Stats. 2023, Ch. 57, Sec. 5. (SB 145) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.) - 126.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department’s agreements must follow specified Government Code requirements, and certain governmental entities holding property must be approved through a due diligence process. The section sunsets on December 31, 2033, but pre-existing agreements continue.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 126.2. (a) (1) Agreements between the department and governmental, nonprofit, and for-profit entities pursuant to subdivision (c) of Section 126 and Section 126.1 shall be in accordance, as applicable, with the requirements of Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code. For federally imposed requirements, the department is subject to Chapter 4.6 (commencing with Section 65965) of Division 1 of Title 7 of the Government Code, as applicable, to the extent not in conflict with federal law or regulation. (2) Where feasible, a governmental entity holding property pursuant to paragraph (1) shall have the principal responsibility for natural resource protection or conservation. A governmental entity holding property pursuant to this section shall be approved through the due diligence process set forth in Section 65967 of the Government Code. (b) (1) This section shall remain in effect only until December 31, 2033, and as of that date is repealed. (2) Agreements entered into pursuant to this section before December 31, 2033, shall remain in effect beyond that date. (Added by Stats. 2023, Ch. 57, Sec. 6. (SB 145) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.) - 126.3. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must send a written annual report to the relevant legislative policy and budget committees about its environmental mitigation program through July 1, 2033.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 126.3. (a) By July 1, 2025, and annually thereafter until July 1, 2033, the department shall provide a written report to the relevant legislative policy and budget committees that includes at least the following information about its environmental mitigation program: (1) The total number of endowments and new endowments, the amount of funds held in endowments and new endowments, the holder of each endowment, and the moneys disbursed for each endowment, in the preceding calendar year. (2) The environmental mitigation properties purchased or transferred, and the status of each environmental mitigation property, in the preceding calendar year. (3) A summary of each of the mitigation and advanced mitigation agreements entered into by the department in the preceding calendar year. (4) Recommendations to address any identified barriers to implementation of the environmental mitigation program. (b) If any information required to be reported in subdivision (a) is also provided in the report required by subdivision (f) of Section 800.6, reference to the latter is sufficient to comply with the reporting requirements of this section. (c) This section shall remain in effect only until December 31, 2033, and as of that date is repealed. (Added by Stats. 2023, Ch. 57, Sec. 7. (SB 145) Effective July 10, 2023. Repealed as of December 31, 2033, by its own provisions.) - 127. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The California Highway Patrol must cooperate with the department to enforce any closing or restriction of use of a state highway.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 127. The California Highway Patrol shall cooperate with the department in the enforcement of the closing, or restriction of use, of any State highway. (Enacted by Stats. 1935, Ch. 29.) - 128. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must keep certain highway project plans and record maps in each district office, and it may file related plans or drawings with a county recorder if it thinks that is in the public interest.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 128. The department shall maintain, in each district office, a file of its final construction plans and right-of-way record maps for all completed state highway projects located within the district. The department may file, in the office of the recorder of the county in which any state highway is located, such plans, maps, or drawings of each state highway as the department deems necessary in the public interest, which the county recorder shall accept and file without fee. No certificate need be attached thereto other than the usual title of the department showing the approval of such plans, maps, or drawings by the proper officer or engineer of the department. All maps filed in the office of a county recorder pursuant to this section shall conform to the provisions of this paragraph. The map shall be legibly drawn, printed, or reproduced by a process that provides a permanent record. Each sheet of paper or other material used for such map shall be 22 by 36 inches in size, shall have clearly shown therein the particular number of the sheet, the total number of sheets comprising the map, and its relation to each adjoining sheet, and shall have encompassing its border a line that leaves a blank margin one inch in width, except that the left side margin shall be two inches in width. In any county using a microfilm system, such plans, maps, or drawings may be microfilmed in lieu of filing. (Amended by Stats. 1980, Ch. 777, Sec. 18.) - 129. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
Each county recorder must keep filed state highway plans, maps, or drawings in separate department-provided map books, number them by filing order, and index them by number and filing date.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 129. Each county recorder shall keep all such state highway plans, maps, or drawings filed in separate map books provided by the department for that purpose and each designated “State Highway Map Book No. ____, __________ County.” Each such plan, map, or drawing shall be numbered in the order of filing and indexed in a separate index showing the number and the date of filing. (Amended by Stats. 1961, Ch. 420.) - 13. Verify source ↗
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. )
This section says words in the singular include the plural, and words in the plural include the singular.
## Streets and Highways Code - SHC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1935, Ch. 29. ) ## 13. The singular number includes the plural, and the plural the singular. (Enacted by Stats. 1935, Ch. 29.) - 130. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department and certain local governments may contract about sharing state highway costs, and those contracts may cover funds, rights of way, and work by any party to the contract.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 130. The department and any county, city, or joint highway district, or any of them, may enter into a contract in respect to the proportion of the expense of the acquisition, construction, improvement or maintenance of any state highway to be borne by the respective parties to such contract. Any such contract may provide for the advancement of funds, for the acquisition of rights of way and for the doing of the work, or any portion thereof, by any party to the contract, pursuant to the laws governing such party with reference to such type of acquisition or such character of work. Any money appropriated for the acquisition of rights of way for the construction, improvement or maintenance of county highways, city streets, or joint highway district roads may be expended in such acquisition, construction, improvement or maintenance of any state highway located in whole or in part within the limits of such city, county, or joint highway district, pursuant to such contract, and shall be made available therefor by resolution of the governing body of the city, county, or joint highway district, as the case may be. (Amended by Stats. 1957, Ch. 106.) - 130.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The governing body may adopt and send a resolution to the director when part of a state highway is completed, and must do so when the whole highway is completed.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 130.1. Upon the completion of the improvement of any portion of any state highway constructed pursuant to Section 130 by the party designated in the contract, the governing body of such party may, and upon the completion of the whole of any such highway the governing body shall, adopt a resolution declaring such completion and transmit a copy of the resolution to the director. (Amended by Stats. 1980, Ch. 777, Sec. 19.) - 130.2. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
When the director receives the resolution of completion, control of the completed state highway reverts to the State of California, and the state becomes responsible for future maintenance and care.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 130.2. Upon receipt of the resolution of completion by the director, the control of the state highway, or the portion thereof, declared completed by the resolution shall revert to the State of California and the state shall be liable for its future maintenance and care. (Amended by Stats. 1980, Ch. 777, Sec. 20.) - 130.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may make contracts with the federal authority for State highway work in a National monument, but those contracts cannot restrict the public’s lawful right to use the highway.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 130.5. The department may enter into a contract with the Federal authority in charge of any National monument with respect to the portion of the expense of the acquisition, construction, improvement or maintenance of any State highway within such monument to be borne by the respective parties to such contract. The contract may provide for the construction, improvement or maintenance of the highway wholly by such Federal authority. No such contract shall limit in any respect the right of the public to use the highway in accordance with laws applicable thereto. (Added by Stats. 1939, Ch. 292.) - 1300. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1300 - 1320] ( Article 1 enacted by Stats. 1935, Ch. 29. )
Tolls may not be charged for crossing any bridge built under this chapter.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1300 - 1320] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1300. No tolls shall ever be charged for crossing any bridge constructed under the provisions of this chapter. (Enacted by Stats. 1935, Ch. 29.) - 1301. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1300 - 1320] ( Article 1 enacted by Stats. 1935, Ch. 29. )
This chapter must be read together with the California Toll Bridge Authority Act, and the Toll Bridge Authority Act controls if there is a conflict.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1300 - 1320] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1301. The provisions of this chapter and of the California Toll Bridge Authority Act shall be construed together, and if the provisions of this chapter conflict with or contravene the provisions of the California Toll Bridge Authority Act, the provisions of the latter shall prevail. Any action taken under the provisions of this chapter shall be taken not only in compliance with the requirements of this chapter but also in compliance with any applicable requirements of the California Toll Bridge Authority Act. (Enacted by Stats. 1935, Ch. 29.) - 1302. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1300 - 1320] ( Article 1 enacted by Stats. 1935, Ch. 29. )
This chapter does not limit or affect the department’s acquisition or construction of bridges on state highways or over certain waterways.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1300 - 1320] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1302. Nothing in this chapter shall limit or affect the acquisition or construction by the department of bridges upon State highways or of bridges over navigable streams, swamps, navigable estuaries, ponds, or arms of bay. (Enacted by Stats. 1935, Ch. 29.) - 131. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may provide engineering and consulting help to counties, cities, and other governmental agencies on highway work, and it can accept and use money for that work under agreed terms.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 131. Upon the application of the governing authority of any county, city, or other governmental agency, the department may: (a) Aid in establishing grades and drainage systems for highways. (b) Advise with any such authority as to the construction, improvement, or maintenance of highways. (c) Prepare plans, specifications, or estimates for the construction, improvement, or maintenance of highways. (d) Act as the consulting engineer for any such authority. (e) Accept moneys from any such governmental unit for deposit in the State Treasury to the credit of any state fund which the department designates. The department shall use such moneys for the acquisition, construction, improvement, or maintenance of highways situated within such governmental unit, in accordance with the plans, specifications, and terms agreed upon. The governing authority of any such governmental unit may pay into the State Treasury, as provided in this subdivision, any moneys in its treasury or raised by the issuance of bonds, which moneys are available for use by such authority for highway purposes. Any county, by resolution of the board of supervisors, may authorize the State Controller to deduct, from any apportionments to it from the Motor Vehicle Account in the State Transportation Fund or the Motor Vehicle Fuel Account in the Transportation Tax Fund, such amounts as the county may desire to be paid to the department for any work to be done in accordance with this subdivision. Upon such authorization, the State Controller shall transfer such moneys to such fund as the department may designate. (f) Accept such compensation as may be agreed upon by such authority and the director for engineering services rendered to such authority. (g) Advance moneys, where the director determines that such advance can be made without interference with state highway work, for emergency construction or maintenance work on highways by state forces, or by state contractor, in cases of disaster due to storms or floods where (1) the Governor has declared an emergency pursuant to Section 188.1, and (2) the agency or agencies having jurisdiction over such highway or highways have, by resolution or contract, agreed to reimburse the department, from succeeding Highway User Tax Account in the Transportation Tax Fund apportionments or other sources specified in such resolution or contract and available to such agency or agencies for highway purposes, for the entire cost of the work, including not to exceed 10 percent for overhead and administration. In the event such resolution or contract specifies reimbursement from future apportionments to the agency or agencies by the State Controller, the State Controller shall transfer such moneys, in such manner and over such period as may be specified in the resolution or contract, to such fund as the department may designate. (Amended by Stats. 1980, Ch. 777, Sec. 21.) - 131.1. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
If a qualifying service authority requests it, the department may contract to install, operate, and maintain motorist call boxes on parts of the California Freeway and Expressway System in the county, and the service authority must reimburse the department for all costs.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 131.1. Upon the request of any service authority for freeway emergencies that has imposed additional fees on vehicles pursuant to Section 9250.10 of the Vehicle Code, the department may contract with the authority for the installation, operation, and maintenance of motorist call boxes on portions of the California Freeway and Expressway System within the county. The service authority shall reimburse the department for all costs incurred under this section. (Amended by Stats. 1988, Ch. 1132, Sec. 1. Effective September 22, 1988.) - 131.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department and a county with a park commission may make cooperative agreements for roadside areas, and counties in those agreements may place suitable signs. A person may not park a house trailer in any such roadside park.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 131.5. The department and any county having a park commission may enter into and carry out cooperative agreements for the grading, development, planting and maintenance of roadside areas along any State highway and within the right of way thereof and providing that the department be reimbursed for any expenditure incurred by it. Counties entering into such agreement are authorized to indicate such roadside parks and their approaches by suitable signs in the manner and to the extent provided in any such agreement. It is a misdemeanor for any person to park any house trailer in any such roadside park. (Added by Stats. 1945, Ch. 458.) - 132. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may require an applicant to pay part of the expense for certain cooperation under section 131, and the department must decide how much the applicant pays.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 132. For any cooperation rendered under the provisions of subdivisions (a), (b), (c) or (d) of section 131, the department may require the applicant to pay any portion of the expense, and in such event the department shall determine what amount such applicant shall pay. Any expense incurred in carrying out the objects of any provision of section 131 is part of the administrative expense of the department. (Enacted by Stats. 1935, Ch. 29.) - 1320. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1300 - 1320] ( Article 1 enacted by Stats. 1935, Ch. 29. )
A board of supervisors may build, operate, manage, or maintain summer bridges, and must pay bridge-related expenditures from the county general fund.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 1. General Provisions [1300 - 1320] ( Article 1 enacted by Stats. 1935, Ch. 29. ) ## 1320. A board of supervisors may construct, operate, manage, or maintain summer bridges under rules and regulations, and at the times and places, that it considers necessary. The board shall cause any expenditure with regard to the bridges to be paid out of the county general fund. (Added by Stats. 1986, Ch. 195, Sec. 139.) - 1321. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Construction, Maintenance, and Repair [1321 - 1331] ( Article 2 enacted by Stats. 1935, Ch. 29. )
County bridges are maintained in the same manner as county highways, and the board of supervisors manages and controls them.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Construction, Maintenance, and Repair [1321 - 1331] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1321. All county bridges, not otherwise specially provided for, are maintained in the same manner as county highways are maintained. Such bridges are under the management and control of the board of supervisors. (Amended by Stats. 1957, Ch. 413.) - 133. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department must, when feasible and cost effective, work with public agencies to develop plans and strategies that improve bicycle and pedestrian access to nearby parks connected to the state highway system.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 133. To the extent possible, and where feasible and cost effective, the department shall partner with appropriate public agencies, including, but not limited to, the Department of Parks and Recreation, any federal department or agency, and any regional or local public entity, to develop strategies and plans to improve access for bicycles and pedestrians to federal, state, regional, and local parks adjacent to or connected to the state highway system. (Added by Stats. 2018, Ch. 496, Sec. 1. (AB 2615) Effective January 1, 2019.) - 1331. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Construction, Maintenance, and Repair [1321 - 1331] ( Article 2 enacted by Stats. 1935, Ch. 29. )
If a county has a road commissioner in place under the stated conditions, that commissioner is responsible for county bridge construction and maintenance, subject to the board of supervisors’ direction.
## Streets and Highways Code - SHC ## DIVISION 2. COUNTY HIGHWAYS [900 - 1757] ( Division 2 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 5. County Bridges and Subways [1300 - 1436] ( Chapter 5 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 2. Construction, Maintenance, and Repair [1321 - 1331] ( Article 2 enacted by Stats. 1935, Ch. 29. ) ## 1331. Whenever any county has appointed a road commissioner for all road districts in the county as authorized by Section 2006, or whenever any county has adopted a county charter pursuant to Section 4 of Article XI of the California Constitution, providing for the appointment of a road commissioner as a county officer, and for the organization of a permanent road department for the construction, improvement, and maintenance of highways and bridges, the road commissioner has charge of the construction and maintenance of all county bridges in the county, under the order and direction of the board of supervisors as provided in Section 1332. (Added by Stats. 1986, Ch. 195, Sec. 140.) - 134. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may acquire real property, or an interest in it, in the name of the city when the city’s governing body applies and the funds are being spent under Sections 2107 and 2117 for non-state-highway purposes.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 134. In the expenditure of funds allocated under Sections 2107 and 2117 for expenditure on other than state highways, the department may, upon the application of the governing body of the city, acquire in the name of the city real property, or any interest therein, for any of the purposes provided for in those sections. (Amended by Stats. 1985, Ch. 106, Sec. 149.) - 134.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
When state highway construction or improvement forces changes in nearby streets, highways, or other public facilities and property must be acquired, the department may acquire the needed property in the name of the responsible governmental agency.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 134.5. Whenever by the construction or improvement of a State highway, changes are necessitated in streets or highways not a part of the State highway system, or in other publicly owned facilities, which require the acquisition of real property or interests therein, the department may acquire such real property in the name of the governmental agency in charge of the street, highway or other facility. This section shall not impose any liability upon the State where it would not otherwise exist. (Added by Stats. 1939, Ch. 197.) - 135. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may contract for removing or relocating structures or improvements on property being acquired for a state highway right-of-way.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 135. The department may enter into contracts for the removal or relocation of structures or improvements situated upon real property over which a right-of-way for state highway purposes has been or is to be acquired. Nothing in this section limits or restricts the authority of the department to make agreements authorized by Section 1263.610 of the Code of Civil Procedure. (Amended by Stats. 1975, Ch. 1239.) - 135.3. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may use special procedures to enter certain contracts for the initial replacement housing program on State Highway Route 105, as determined by the director.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 135.3. The Legislature intends by this act to provide prompt and equitable relocation assistance to low-income individuals and families displaced because of the construction of state highway projects in areas where the market value of real property is economically depressed. The Legislature by establishing a replacement housing program for such individuals and families intends to accomplish this objective of providing housing which is decent, safe, sanitary, and functionally equivalent to the housing eliminated by highway construction. Such replacement housing program shall be coordinated with the relocation advisory assistance provided by the department in accordance with Section 156.5. The Legislature further intends that to the extent the department deems feasible such housing shall be supplied by existing housing, moved housing, and refurbished housing before new replacement housing is constructed on a volume basis. The Legislature finds that the foregoing objectives can best be achieved by enabling low-income persons in economically depressed areas affected by state highway construction to participate in the development and execution of the replacement housing program. Accordingly, when the initial replacement housing program is undertaken for the assistance of persons displaced by the construction of State Highway Route 105 in Los Angeles County, such program shall be conducted in a manner conducive to maximum community participation, thereby assisting in alleviation of excessive unemployment by utilizing local labor and contributing to the development of training programs for unskilled labor. The Legislature further finds that conventional contracting procedures, including competitive bidding, may not be consistent with the attainment of these objectives. Therefore, in carrying out this initial replacement housing program on State Highway Route 105, the department may enter into the contracts contemplated by Section 135.7 pursuant to such procedures as the director determines to be best suited to the achievement of the maximum community participation consistent with the economical completion of the freeway projects. The Legislature further finds and declares that the exemption from competitive bidding authorized by this section is made by reason of the unique nature of the initial replacement housing program on State Highway Route 105, and is not to be considered as establishing a precedent for exempting any other public works construction from competitive bidding and other conventional contracting procedures, nor as in derogation of the fundamental policy of the Legislature that contractors for public works be selected by competitive bidding in order to secure economy of construction and other benefits which accrue to the public by reason of such contracting procedures. (Amended by Stats. 1970, Ch. 924.) - 135.4. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
This section defines “low-income individuals and families,” “economically depressed area,” and “replacement housing” for use in related sections.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 135.4. As used in Sections 135.3, 135.4, 135.5, 135.6, and 135.7: (a) “Low-income individuals and families” means those persons who lack the financial ability and income necessary to obtain replacement housing. (b) “Economically depressed area” means an area which the commission by resolution determines to meet all of the following criteria: (1) The state highway project is located in an area consisting principally of housing occupied by low-income individuals and families. (2) An adequate number of replacement housing units for low-income individuals and families is not available in the immediate area of the state highway project. (3) Relocation advisory assistance will be insufficient to place a majority of such individuals and families in replacement housing in the immediate area of the state highway project. (c) “Replacement housing” means functionally camparable single or multiple dwelling units which are decent, safe, and sanitary for low-income individuals and families. (Added by Stats. 1968, Ch. 953.) - 135.5. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may provide relocation assistance to qualifying low-income individuals and families, and it may adopt rules to carry out this section.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 135.5. (a) As used in this section, “relocation assistance” means, and shall be limited to, that assistance reasonably necessary to place low-income individuals and families who lack the financial ability and income to obtain replacement housing without relocation assistance, and who own and reside in housing in an economically depressed area and who are displaced because of the acquisition or clearance of right-of-way for a project on the state highway system, in replacement housing in the same relative economic ownership position as before displacement by transferring or exchanging their right, title, and interest in property required for state highway purposes for the right, title, and interest in replacement housing. (b) The department is authorized to provide relocation assistance to low-income individuals and families who own and reside in housing in an economically depressed area and who are displaced because of the acquisition or clearance of rights-of-way for a project on the state highway system, which project is located in an economically depressed area. (c) The department is authorized to adopt rules and regulations to implement this section. Such rules and regulations shall include provisions relating to: (1) The methods and priorities for placing such low-income individuals and families in replacement housing. (2) The standards for determining the relative economic ownership position of such low-income individuals and families before displacement. The department in determining such standards shall consider the equity value and monthly payments of principal and interest, the availability of federal housing programs, and such other similar ownership factors. (3) The standards for determining which of such low-income individuals and families lack the financial ability and income necessary to obtain replacement housing without relocation assistance. (4) The procedure for transferring or exchanging right, title, and interest in property required for state highway purposes for the right, title, and interest in replacement housing. (Added by Stats. 1968, Ch. 953.) - 135.6. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may acquire certain real property to provide replacement housing for displaced low-income individuals and families, but property acquired for that purpose must not be acquired by condemnation.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 135.6. The department may acquire, either in fee or in any lesser estate or interest, any unimproved or unoccupied real property, or real property not devoted primarily to residential use, to provide replacement housing for low-income individuals and families who reside in economically depressed areas and are displaced becuase of the acquisition or clearance of rights-of-way for a project on the state highway system, in order to enable them to live in decent, safe, and sanitary dwellings. All other property acquired for such purpose shall be acquired by means other than condemnation. The acquisition of such property is declared to be a public purpose and use. (Added by Stats. 1968, Ch. 953.) - 135.7. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may contract for replacement housing, and displaced low-income individuals and families get priority when buying, leasing, transferring, or exchanging replacement housing property.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 135.7. The department may contract with other public agencies, private individuals, and corporations for the financing, planning, development, construction, management, sale, exchange, or lease of replacement housing. Low-income individuals and families displaced because of the acquisition or clearance of rights-of-way for a project on the state highway system shall be given priority in buying, leasing, transferring, or exchanging property for replacement housing. (Added by Stats. 1968, Ch. 953.) - 136. Verify source ↗
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. )
The department may contract to lease or rent tools or equipment for state highway purposes.
## Streets and Highways Code - SHC ## DIVISION 1. STATE HIGHWAYS [50 - 897] ( Division 1 enacted by Stats. 1935, Ch. 29. ) ## CHAPTER 1. Administration [50 - 227.1] ( Chapter 1 enacted by Stats. 1935, Ch. 29. ) ## ARTICLE 3. The Department of Transportation [90 - 155.7] ( Heading of Article 3 amended by Stats. 1977, Ch. 579. ) ## 136. The department may enter into contracts for the leasing or renting of tools or equipment for State highway purposes. (Amended by Stats. 1935, Ch. 514.)
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