I've been teaching myself legal researching so it's been a great thread for that.
Five years ago I wouldn't have known where to start.
The annotated code turned up a bunch of cases by using the citing references tab on Westlaw. The library has Lexis Advance but I haven't used it much, it is different. Westlaw seems more intuitive to me. I can quickly get the table of authorities and citing references (table or documents) on Westlaw.
I have been using the Key numbers with some success too, especially in boundaries, property, easements, and estates. The sidewalk thing didn't turn up any obvious key numbers, though, it yielded some numbers scattered throughout Municipal Corporations, but they are pretty general. Using the key number such as Boundaries->Monuments will yield a list of case headnotes. You can read those and if one is of interest (such as "The Court held monuments control of course and distance.") you can get the case and read it to get the rest of the story. Sometimes I get PDF files full of cases that way.
I picked up Miller & Starr's Dedications Chapter which is excellent and very helpful as usual. I also usually pick up California Jurisprudence topics and CJS topics.
This is a key cite page:
This is a page from CJS...not the book, this is downloaded to PDF by Westlaw:
Dave Karoly, post: 405557, member: 94 wrote: This is a page from CJS...not the book, this is downloaded to PDF by Westlaw:
Merry Christmas!
http://www.sco.ca.gov/Files-AUD/gas_tax_guidelines.pdf
Can someone please explain funds from gas taxes, are there separate dollars for Cities and separate dollars for Unincorporated, in Ventura County?
Is there another funding source of gas taxes, or do they all flow from Sacramento? If all gas money comes through Sacramento, I dont read into this Controllers report that Counties are allowed to use gas taxes for Cities, not use gas taxes for the Unincorporated. Equal protection under the law. Im looking for a State law, that defines the authority of a General Law County, that it can use gas taxes for parkways trees and sidewalk repair, with gas dollars, only in cities, then can deny gas dollars to use for the Unincorporated area, while collecting gas taxes from residence. Can the government discriminate against people, based on location? The collectives, the Counties for all services, dont separate people based on location, within the same County. Why not charge different Sales Taxes in a County, between the cities, different then Unincorporated. Its all the same tax rate. Cities residence make more money that unincorporated areas. Lets charge them a higher tax rate, a progressive tax. No, it cant be done, would violate State law. Equal protection under the law. So how can this General law County collect gas taxes from the Unincorporated residents, refuse to maintain the sidewalks and parkway streets? Please read the Controllers report, what gas taxes are earmarked for. I see landscaping, Jacking concrete pavements (is sidewalks),
repairing traveled way and shoulder (ie parkway trees and sidewalks), Mowing, tree trimming and watering within the street right of way, replacing topsoil, sod, shrubs, trees, irrigation facilities, etc., on street and roadside, repairing curb, gutter, rip-rap, underdrain, culverts, and drains. What am I missing here?
http://www.californiacityfinance.com/HUTAupdate150225.pdf
This report does not separate funds between Cities and Unincorporated areas of Ventura County. I can only assume that they are rolled up into the Cities. Newbury Park funding must be with Thousand Oaks, the adjacent city. Majority of Newbury Park is funded by Thousand Oaks. Only the Casa Conejo tracts is funded by Ventura County. Is there a separate funding source for gas taxes paid for my the Unincorporated areas? So sidewalk repairs and parkway tree removal, as earmarked for this County, as identified in County report as County responsibility, are only used in Cities, not the Unincorporated areas. Any County can write an Ordinance, only allowing gas taxes to be used for City housing tract sidewalks and parkway trees removal, can discriminate against people in the Unincorporated areas of Ventura County. They can write "Only gas taxes in Cities, in transportation funds, can be used for Cities, Unincorporated areas adjacent property owners are responsible to repair County properties (Ordinance 2041) to include parkway tree removal and sidewalk repair. Ordinance 4355 only applies to Unincorporated Areas, since Cities repair sidewalks and parkway, with gasoline taxes. Gas taxes are not be used for only people in the Unincorporated areas. Do other Counties go the same thing, different rules for Cities then Unincorporated areas, while receiving gas taxes from both areas, not separated in County budgets, in one pot?
Barry - the term "pavement jacking" or "concrete jacking" is something that is generally associated with concrete roadway surfaces.
Same thing with "shoulder maintenance". The "shoulder" of a roadway does not typically include parkway trees and sidewalks.
imaudigger, post: 406108, member: 7286 wrote: Barry - the term "pavement jacking" or "concrete jacking" is something that is generally associated with concrete roadway surfaces.
Same thing with "shoulder maintenance". The "shoulder" of a roadway does not typically include parkway trees and sidewalks.
It is not specific, correct. Look at the remainder of the report, where it addresses parkway trees and sidewalks, that is clear. Im trying to figure out, how a County, based on location, can pay for sidewalk repair and parkway trees for my neighbor, 1 block south of my home, from gas taxes, then refuse to pay for government property parkway trees and sidewalks adjacent to my home. We both go to the pump and pay gas taxes, identical gas taxes. 95,000 people in Unincorporated areas pay the same gas tax rate as their neighbors in Cities. So State laws don't apply to cities, only Unincorporated Areas, SHC 5600-5630 is clear, that each location in a County can be treated differently, entirely based on location. The is no separate policy in the County, where Cities are treated one way, Unincorporated areas treated differently, based on location. Public Works budgets are based on both.
Counties do not have jurisdiction over incorporated Cities' budgets.
Warren Smith, post: 406113, member: 9900 wrote: Counties do not have jurisdiction over incorporated Cities' budgets.
Who directly funds Cities in the County? Is there separate funding for gas taxes to both the Unincorporated areas and Cities? If so, what
agencies fund Counties, from gas taxes to Public Works budgets for roads, streets (right of ways). Who controls this funding, Public Works?
Where is it in their budgets, dont see separate revenue stream. Thank you.
Each local agency receives its pro rata share of the Highway Use Tax in accordance with the annual report that each files with the State Board of Equalization. There are categories of traveled ways - arterial, collector, and local. The mileage for all Cities and the unincorporated territory of a County are distributed by that calculation to the individual entities.
The budgets are approved by the respective legislative bodies, submitted under the direction of the County Road Commissioner, or the City Street Superintendent - usually the Public Works Director.
Each local agency receives its pro rata share of the Highway Use Tax in accordance with the annual report that each files with the State Board of Equalization. There are categories of traveled ways - arterial, collector, and local. The mileage for all Cities and the unincorporated territory of a County are distributed by that calculation to the individual entities.
The budgets are approved by the respective legislative bodies, submitted under the direction of the County Road Commissioner, or the Street Superintendent - usually the Public Works Director.
The State Controller's Office has a lot of funding information available on line as does Ventura County.
Warren Smith, post: 406123, member: 9900 wrote: Each local agency receives its pro rata share of the Highway Use Tax in accordance with the annual report that each files with the State Board of Equalization. There are categories of traveled ways - arterial, collector, and local. The mileage for all Cities and the unincorporated territory of a County are distributed by that calculation to the individual entities.
The budgets are approved by the respective legislative bodies, submitted under the direction of the County Road Commissioner, or the City Street Superintendent - usually the Public Works Director.
What local agency in ventura files this pro rata share of Highways Use Tax with the State Board of Equalization? Would that be Dept of Transportation or Public Works or other? So the mileage is used? In Ventura County, the Unincorporated areas are 818.35 out of 1873 square miles, or 44%. Main roads make up 33.4%. So is the Highways Use Tax allocation based on 44%, so the Unincorporated get 44% of the Highway Use taxes for services for roads and the right of ways, per Controllers report and Public Works Budgets? So, cities can decide to pay for public sidewalks and parkway trees, in Unincorporated areas, only roads, public sidewalks and parkway trees, collected in Highways Use Tax, can be use somewhere else, or double taxation for the same maintenance. For example, if I pay taxes for A, B, and C, the County can use it for only A, collect taxes for A, B and C, then charge me for B and C. I dont see this in the State law. You can see my point.
My understanding is that within each County there is an aggregate of maintained mileage of public roads, broken into three categories of usage - traffic count, maximum weight, and speed considerations. Each City receives a prorated share of that total, and the County receives the remainder.
Collections are at point of sale - transmitted to the State for disbursement.
imaudigger, post: 406108, member: 7286 wrote: Barry - the term "pavement jacking" or "concrete jacking" is something that is generally associated with concrete roadway surfaces.
Same thing with "shoulder maintenance". The "shoulder" of a roadway does not typically include parkway trees and sidewalks.
Gold Digger. You get credit for reviving this thread. You may notice that it had died on Christmas Day.
Not sure "credit" is the right term.:)
Edward Reading, post: 406144, member: 132 wrote: Not sure "credit" is the right term.:)
What? You're going to pay him in gold?
Brad Ott, post: 406141, member: 197 wrote: Gold Digger. You get credit for reviving this thread. You may notice that it had died on Christmas Day.
No, I didn't notice that...going to have to go back and see what happened.
I can't handle it when someone is talking to themselves.
Can't represent yourself in a case like this without being an expert in highway funding sources.
Warren Smith, post: 406134, member: 9900 wrote: My understanding is that within each County there is an aggregate of maintained mileage of public roads, broken into three categories of usage - traffic count, maximum weight, and speed considerations. Each City receives a prorated share of that total, and the County receives the remainder.
Collections are at point of sale - transmitted to the State for disbursement.
http://www.dot.ca.gov/hq/tsip/hseb/crs_maps/
Note that Federal Highway Administration has signed off on these official maps.
It's a complex web of funding for roads. Not as simple as "gas taxes".
https://www.gpo.gov/fdsys/pkg/PLAW-112publ141/pdf/PLAW-112publ141.pdf
