California Laws - Streets and Highways Code
DIVISION 18. PARKING
PART 2. PARKING LAW OF 1949

CHAPTER 3. POWERS (32801-32812) (9927)(1-click HTML)

32801. The authority may: (9928)

(a) Sue and be sued, have a seal, and make and execute contracts and other instruments necessary or convenient to the exercise of its powers. (9929)

(b) Make, and from time to time amend and repeal, by-laws and regulations not inconsistent with this part to carry into effect the powers and purposes hereof. (9930)

(c) Select and appoint or remove such permanent and temporary officers, agents, counsel, and employees, as it requires, and may determine their qualifications, duties, and compensation. The powers of the authority under this subdivision are subject to all limitations and rights applicable to similar employment by the city, unless by resolution the legislative body otherwise determines. (9931)

32802. The authority may: (9932)

(a) Purchase, lease, obtain option upon, acquire by gift, grant, bequest, devise, or otherwise, any real or personal property within or outside the city, or any interest in, or improvements on, such property. However, no property of a state public body may be acquired without its consent. (9933)

(b) Acquire any property by the exercise of the power of eminent domain, except that property of a state public body shall not be acquired without its consent. (9934)

(c) Sell, lease, exchange, transfer, assign, or otherwise dispose of any real or personal property or any interest in such property. (9935)

(d) Lay out, open, extend, widen, straighten, establish, or change the grade, in whole or in part, of public parking facilities and public rights of way necessary or convenient for such facilities. (9936)

(e) Insure any of its real or personal property or operations against risks or hazards. (9937)

32803. The authority may acquire, construct, rent, lease, maintain, repair, manage and operate all or any portion of any real and personal property, including the leasing of the operation of the property, and the leasing for commercial purposes of surplus space or space which it is not economic to use for parking purposes. (9938)

32804. As an incident to the operation of any parking facility, the authority may devote a portion of its property to uses such as retail stores, bus terminal, gasoline service station, helicopter landing area, or any other commercial use, when in its judgment it is convenient or necessary to conduct or permit such use in order to utilize properly the property as a parking facility. Any such incidental use shall be secondary to the primary use as a parking facility, and the portion of the land devoted to the incidental use shall not exceed 25 percent of the surface area of the property. If a building is erected on the property for the purpose of parking motor vehicles, the incidental use of the building shall not occupy more than 25 percent of the floor area. (9939)

32805. Neither the authority nor the city shall manage or operate surplus space devoted to commercial purposes other than parking of vehicles, but shall lease such space to private operators. (9940)

32806. The authority may do any act to furnish motor vehicle parking space, to establish parking facilities for motor vehicles within the city, and to handle and care for such vehicles within any parking space owned, controlled, or operated by it. (9941)

32807. The authority may receive, control, and order the expenditure of any and all money and funds pertaining to parking facilities or related properties, including but not limited to: (9942)

(a) All revenue derived from operations of the authority. (9943)

(b) All money appropriated or made available by the city. (9944)

(c) The proceeds of all financial aid or assistance by the city, the State, or the Federal Government. (9945)

(d) The proceeds of assessments levied pursuant to this part. (9946)

(e) The proceeds of all bonds issued pursuant to this part. (9947)

(f) The proceeds of all general obligation, revenue, or other bonds issued by the city for parking facilities. (9948)

32808. The authority may invest funds held in reserve, or sinking funds, or funds not required for immediate disbursement, in property or securities in which cities may legally invest funds subject to their control. No such investment shall be made in contravention of any covenant or agreement with the holders of any bonds of the authority issued and outstanding. (9949)

32809. The authority may borrow money or accept financial or other assistance from the city, the State, the Federal Government, or any other source for or in aid of any parking facility within its area of operation, and to such ends may comply with any conditions attached thereto. (9950)

32810. The authority may exercise all or any part or combination of the powers granted by this part. (9951)

32811. The authority may do and perform any and all other acts and things necessary, convenient, desirable, or appropriate to carry out the provisions of this part. (9952)

32812. In order that there may be no unnecessary duplication of effort or expense, the authority may provide for the furnishing of services by, and the use of facilities of, any department, office or agency of the city in lieu of, or in conjunction with, the direct provision by the authority of services and the use of facilities through employment or purchase or other means. The furnishing of such services and the use of such facilities of any such department, office or agency shall be upon such terms and conditions as may be approved by the authority and the legislative body of the city, and subject to reimbursement of the appropriate funds of the city for the reasonable value thereof. The legislative body may, from time to time, by resolution, provide for the making by the authority to the city, annually, of a payment, the amount of which shall be determined in a manner provided by such legislative body, but which shall not exceed the amount the authority would be required to pay to the city in ad valorem taxes if it were a private entity owning the same property. (9953)

  

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