Van De Kamp, 041084 CAAGO, AGO 83-1106

Docket Nº:AGO 83-1106
Case Date:April 10, 1984
Court:California
 
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JOHN K. VAN DE KAMP Attorney General
RODNEY O. LILYQUIST Deputy Attorney General
AGO 83-1106
No. 83-1106
California Attorney General Opinion
Office of the Attorney General State of California
April 10, 1984
         THE HONORABLE WALTER STIERN, MEMBER OF THE CALIFORNIA SENATE, has requested an opinion on the following question:          May a county board of supervisors adopt ordinances authorizing the placement of stop signs and the establishment of speed zones on roads owned and maintained by a community services district?          CONCLUSION          A county board of supervisors may not adopt ordinances authorizing the placement of stop signs and the establishment of speed zones on roads owned and maintained by a community services district.          ANALYSIS          Under the Community Services District Law (Gov. Code, §§ 61000-61936), a district may be formed for the purpose of street construction and maintenance. Public Contracts Code section 20681 states in part:
"A district formed under this law may exercise the powers hereinafter granted for such of the following purposes as have been designated in the petition for formation of such district and for such others of the following purposes as the district shall adopt as hereinafter provided: "...................... "(j) The opening, widening, extending, straightening, surfacing, and maintaining, in whole or part of any street in such district, subject to the consent of the governing body of the county or city in which said improvement is to be made. "(k) The construction and improvement of bridges, culverts, curbs, gutters, drains, and works incidental to the purposes specified in subdivision (j), subject to the consent of the governing body of the county or city in which said improvement is to be made. "......................"
         The question presented for analysis concerns roads built, owned and maintained by a community services district in an unincorporated area of a county.[1] May a county board of supervisors adopt ordinances establishing speed zones and stop signs on such roads? We conclude that it may not; rather, it is the district that has the authority to adopt the ordinances.          The key statutes requiring interpretation are Vehicle Code sections 21100 and 21104.2 Section 21100 states in part:
"Local authorities may adopt rules and regulations by ordinance or resolution regarding the following matters: "
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