PART 1. TRANSIT DISTRICTS IN COUNTIES OF ALAMEDA OR CONTRA COSTA [24501. - 27509.]
Heading of Part 1 added by Stats. 1957, Ch. 1056.
§§ 24501–27509 · 308 sections
CHAPTER 1. General Provisions §§ 24501–24535 · 15 sections
ARTICLE 1. Definitions §§ 24501–24509 · 10 sections
- § 24501 This part may be cited as the “Transit District Law.”
- § 24501.5 Notwithstanding any other provision of law, except Section 24826, elections for the Alameda-Contra Costa Transit District shall be conducted in accordance with…
- § 24502 Unless the context otherwise requires, the provisions of this article govern the construction of this part.
- § 24503 “District” means a transit district formed under this part; “board” means the board of directors of a district.
- § 24504 “Voter” means any elector who is registered under the Elections Code.
- § 24505 “Transit” means the transportation of passengers and their incidental baggage by any means.
- § 24506 “Transit works” or “transit facilities” means all real and personal property, equipment, rights, or interests owned or to be acquired by the district for…
- § 24507 “Percent of the total vote cast,” when used with reference to the requirements of any petition or nomination paper, means percent of the total vote cast,…
- § 24508 “City” includes city and county and incorporated town, but does not include unincorporated town or village.
- § 24509 “Public agency” includes a city, city and county, a county, the State of California, or any public district organized under the laws of the State of California…
ARTICLE 2. General Provisions §§ 24531–24535 · 5 sections
- § 24531 A transit district may be created as provided in this part and when so created may exercise the powers herein granted.
- § 24532 Except as otherwise provided in this part elections shall be held and conducted and the result ascertained, determined, and declared in all respects as nearly…
- § 24533 Except as otherwise provided in this part all ordinances and notices which are required to be published shall be published within the district pursuant to…
- § 24534 Whenever in this part publication is required and there is no newspaper of general circulation published within the district, the publication may be made in a…
- § 24535 Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system…
CHAPTER 2. Alameda-Contra Costa Transit District § 24561 · 1 section
- § 24561 The Alameda-Contra Costa Transit District formed pursuant to this section, as it read on January 1, 2021, shall continue in existence unless dissolved pursuant…
CHAPTER 3. Internal Organization of Districts §§ 24801–24941 · 51 sections
ARTICLE 1. Government § 24801 · 1 section
- § 24801 The government of every district is vested in a board of seven directors, elected from wards, together with the other officers mentioned in this part. The…
ARTICLE 2. Election of Directors §§ 24821–24832 · 12 sections
- § 24821 The first directors are elected at the formation election as provided in Chapter 2. All elections of directors subsequent to the first shall be held at the…
- § 24822 Notice of election shall be published and no other notice of such election need be given.
- § 24823 The board shall by resolution or ordinance fix the boundaries of the wards for the purpose of electing directors therefrom. The board shall adjust the…
- § 24824 The notice of election shall refer to the wards established by the board.
- § 24825 Upon the filing of a sufficient nomination paper and affidavit by any candidate the name of the candidate shall go upon the ballot at the ensuing general…
- § 24826 (a) The nomination paper for a director shall contain the name of the candidate and other information as may be required by this article. The nomination paper…
- § 24827 Nomination papers may be circulated throughout each ward.
- § 24828 Except as otherwise provided in this part, the provisions of the Elections Code prescribed for independent nominations shall substantially govern the manner of…
- § 24829 The board shall in the notice, ordinance, or resolution calling an election consolidate it with the general election to be held at the same time in the…
- § 24830 Candidates for the office of director shall be voted upon and elected one from each ward.
- § 24831 Upon receipt of the returns of the canvass by the respective boards of supervisors the board shall meet and determine results of the election and declare the…
- § 24832 The secretary of the district shall issue certificates of election, signed by him and duly authenticated, immediately following the determination of the result…
ARTICLE 3. Terms of Office of Directors §§ 24862–24866 · 5 sections
- § 24862 At each biennial general election, a number of directors corresponding to the number whose terms of office expire shall be elected for the term of four years.
- § 24863 (a) Effective with the November, 3, 2026, statewide general election, the terms of directors elected shall commence on December 5, 2026, and shall end at noon…
- § 24864 Every director is subject to recall by voters of the district, in accordance with the recall provisions of the general laws of the State applicable to county…
- § 24865 Notwithstanding Section 1780 of the Government Code, the board shall fill all vacancies on the board, including those caused by the death or resignation of a…
- § 24866 The person appointed to fill any vacancy on the board shall hold office for the remainder of the unexpired term of his predecessor.
ARTICLE 4. Powers and Duties of Directors §§ 24881–24890 · 10 sections
- § 24881 The oath of office of directors shall be taken, subscribed, and filed with the secretary of the district at any time after the director has notice of his…
- § 24882 The board shall choose one of its members president, and another vice president, who shall be authorized to act for the president during his absence or…
- § 24883 The board is the legislative body of the district and determines all questions of policy.
- § 24884 All matters and things necessary for the proper administration of the affairs of the district which are not provided for in this part shall be provided for by…
- § 24885 The board shall supervise and regulate every transit facility owned and operated by the district, including the fixing of rates, rentals, charges, and…
- § 24886 The board may adopt a personnel system for the purpose of recruiting and maintaining an effective working force with good morale. The board shall by resolution…
- § 24887 The board may from time to time contract for or employ any professional service required by the district or for the performance of work or services which…
- § 24888 The board shall have an annual audit made of all books and accounts of the district by a certified public accountant or public accountant.
- § 24889 The board may provide by resolution, under such terms and conditions as it sees fit, for the payment of demands against the district without prior specific…
- § 24890 To facilitate the business of the district, the board may provide for the creation and administration of such funds as the needs of the district may require.…
ARTICLE 5. Meetings and Legislation §§ 24906–24912 · 7 sections
- § 24906 All legislative sessions of the board, whether regular or special, are open to the public.
- § 24907 A majority of the board constitutes a quorum for the transaction of business.
- § 24908 (a) The board may, by ordinance or resolution, provide that each director shall be paid a sum that shall not exceed one thousand dollars ($1,000) for each…
- § 24909 The acts of the board shall be expressed by motion, resolution, or ordinance. No ordinance shall be passed by the board on the day of its introduction, nor…
- § 24910 All ordinances shall be published after passage.
- § 24911 The enacting clause of all ordinances shall be as follows: “Be it enacted by the board of directors of________transit district:”
- § 24912 All ordinances shall be signed by the president of the board or the vice president, and attested by the secretary.
ARTICLE 6. Other Officers §§ 24926–24941 · 16 sections
- § 24926 The board shall appoint and fix the salary of a general manager, who shall have full charge of the acquisition, construction, maintenance, and operation of the…
- § 24927 All other things being equal, the board shall appoint as general manager some person who has had experience in the construction or management of transit…
- § 24928 The general manager need not be a resident of this State at the time of his appointment.
- § 24929 The general manager shall hold office for an indefinite term and may be removed by the board only upon the adoption of a resolution by the affirmative vote of…
- § 24930 Notwithstanding this article, until such time as the district has operated, controlled, or used facilities or parts of facilities for providing the inhabitants…
- § 24931 The board may appoint a secretary and a general counsel who shall hold office during the pleasure of the board.
- § 24932 The general counsel shall be admitted to practice law in the Supreme Court of the State, and shall have been actively engaged in the practice of law for not…
- § 24932.5 The secretary, and such assistants as the board may determine, shall have the power to administer all oaths or affirmations required by this part, including…
- § 24934 The oath of office of all appointive officers of the district shall be taken, subscribed, and filed with the secretary of the district at any time after the…
- § 24935 Each appointive officer shall devote their entire time to the district, meaning that the officer shall not engage in any other business or employment without…
- § 24936 Subject to the control of the board, the powers and duties of the general manager are: (a) To have full charge of the acquisition, construction, maintenance,…
- § 24937 The general manager shall within 180 days from the end of each fiscal year cause to be published a financial report showing the result of operations for the…
- § 24938 The general counsel shall take charge of all suits and other legal matters to which the district is a party or in which it is legally interested. The general…
- § 24939 The general manager shall cause to be installed and maintained a system of auditing and accounting which shall completely and at all times show the financial…
- § 24940 The general manager shall provide for the custody of the funds of the district and the keeping of accounts of all receipts and disbursements. Payments shall be…
- § 24941 With the consent of the board, the general manager may: (a) Authorize the trust department of any state or national bank in this State, or a trust company…
CHAPTER 4. Labor Provisions §§ 25051–25057 · 7 sections
- § 25051 (a) If a majority of the employees employed by a transit district in a unit appropriate for collective bargaining indicate a desire to be represented by a…
- § 25052 If there is a question whether a labor organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters…
- § 25053 Whenever any district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, to…
- § 25054 Whenever any district acquires existing facilities from a publicly or privately owned public utility, either in proceedings in eminent domain or otherwise,…
- § 25055 The persons entitled to pension benefits as provided for in Section 25054 and the benefits which are provided shall be specified in the agreement or order by…
- § 25056 All persons receiving pension benefits from such acquired public utility and all persons entitled to pension benefits under any pension plan of such acquired…
- § 25057 Notwithstanding any provisions of the Government Code, the board may authorize payment of any or all of the premiums on any group life, accident and health…
CHAPTER 5. Retirement System §§ 25301–25392 · 19 sections
ARTICLE 1. Establishment §§ 25301–25306 · 6 sections
- § 25301 The board may establish a retirement system for the officers and employees of the district and provide for the payment of annuities, pensions, retirement…
- § 25302 The district may maintain its own retirement fund or may provide for benefits to eligible officers and employees, or their beneficiaries, by means of group…
- § 25303 Before establishing any retirement system the board shall secure a report from a qualified actuary, which shall show the cost of the benefits provided by the…
- § 25304 The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the…
- § 25305 Nothing in this chapter prevents a district from participating in and making all or part of its employees members of the State Employees’ Retirement System by…
- § 25306 The board may classify and determine the officers and employees who shall be included as members in the retirement system and may change the classification…
ARTICLE 2. Benefits and Contributions §§ 25331–25337 · 7 sections
- § 25331 (a) The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits…
- § 25332 The retirement allowance may be predicated in part upon service rendered the district or any predecessor public utility, whether publicly or privately owned,…
- § 25333 The board may require the district to contribute the entire cost of the retirement system or may require an officer or employee of the district, upon becoming…
- § 25334 All members of the retirement system shall contribute in the manner and amount fixed by the board and such contributions may be collected by deducting the…
- § 25335 Liabilities accruing under the retirement system because of benefits other than such as are the equivalent of contributions by the members, with accumulated…
- § 25336 If any member withdraws from the retirement system prior to retirement the total amount contributed by him with such interest as may be credited thereto shall…
- § 25337 All money received by any person as an annuity, pension, retirement allowance, disability payment, or death benefit from the retirement system, and all…
ARTICLE 3. Retirement Board §§ 25361–25364 · 4 sections
- § 25361 The board, upon establishing a retirement system pursuant to this chapter, shall create a retirement board of not more than five members, at least two members…
- § 25362 All members of the retirement board shall serve without pay.
- § 25363 The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole…
- § 25364 If the district maintains its own retirement fund, the retirement board shall have exclusive control of the administration, investment, and disbursement of the…
ARTICLE 4. Investigation and Penalties §§ 25391–25392 · 2 sections
- § 25391 At least once in each four-year period after the establishment of the retirement system the board shall cause to be made an actuarial valuation of the assets…
- § 25392 Except as herein provided, no member of the board or of the retirement board, nor any member of the retirement system or employee of the district, shall have…
CHAPTER 6. Powers and Functions of District §§ 25701–25951 · 53 sections
ARTICLE 1. Corporate Power §§ 25701–25703 · 3 sections
- § 25701 A district has perpetual succession and may adopt a seal and alter it at pleasure.
- § 25702 A district may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
- § 25703 A district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this division. The…
ARTICLE 2. Contracts §§ 25721–25722 · 2 sections
- § 25721 A district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 25722 Neither the general manager nor any director of the district shall in any manner be interested, directly or indirectly, in any contract awarded or to be…
ARTICLE 4. Property §§ 25771–25772 · 2 sections
- § 25771 A district may take by grant, purchase, gift, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real…
- § 25772 Whenever the board by resolution determines that any record, map, book, or paper in the possession of the district or any officer or employee thereof is of no…
ARTICLE 5. Transit Facilities and Service §§ 25801–25816 · 16 sections
- § 25801 A district may acquire, construct, own, operate, control or use rights of way, rail lines, bus lines, stations, platforms, switches, yards, terminals, and any…
- § 25802 A district may without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, rights-of-way, labor,…
- § 25803 A district shall not interfere with or exercise any control over any transit facilities now or hereafter owned and operated wholly or partly within the…
- § 25804 A district may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by such operator…
- § 25805 A district may construct and operate or acquire and operate works and facilities in, under, upon, over, across, or along any street or public highway or any…
- § 25806 A district may enter into agreements for the joint use of any property and rights by the district and any city, public agency or public utility operating…
- § 25807 The rates and charges for service furnished pursuant to this part shall be fixed by the board and shall be reasonable.
- § 25808 The board of supervisors of a county or a city and county, or the city council of a municipality having territory located within the district may file a…
- § 25809 Upon the filing of a request for hearing as provided in Section 25808 the district board shall fix the time and place for hearing. The time fixed shall not be…
- § 25810 At the time fixed for any hearing before the board any board of supervisors or city council eligible to file a request for hearing, not a party to the original…
- § 25811 The district, petitioner or petitioners, and the intervenors shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine…
- § 25812 Oral evidence shall be taken only on oath or affirmation. The hearing need not be conducted according to technical rules relating to evidence and witnesses.…
- § 25813 The general counsel for the district shall be present at the hearing and shall advise the board on matters of law, and shall render other assistance that may…
- § 25814 A complete record of all proceedings and testimony before the board at such hearing shall be taken down by a reporter appointed by the board. In case an action…
- § 25815 Within 30 days after submission of the case the board shall render its decision in writing together with written findings of fact. Copies of the findings and…
- § 25816 Within 40 days after the mailing of the decision to the petitioner, the petitioner may apply for a writ of mandate in the manner provided in the Code of Civil…
ARTICLE 6. Indebtedness §§ 25841–25849 · 10 sections
- § 25841 A district may borrow money and incur indebtedness, and may issue bonds or other evidences of indebtedness. No indebtedness shall be incurred exceeding the…
- § 25841.5 A district may borrow money for the purpose of defraying the expenses of a district lawfully incurred after the commencement of the fiscal year, but prior to…
- § 25842 No district shall incur an indebtedness for public works which in the aggregate exceeds 20 percent of the assessed value of all the real and personal property…
- § 25843 Indebtedness which has been incurred for the acquisition, construction, and operation of transit facilities, where the revenue from the transit facilities for…
- § 25844 A district may accept, without limitation by any other provisions of this division requiring approval of indebtedness, contributions or loans from the United…
- § 25845 The district may purchase equipment such as cars, trolley buses and motorbuses, and rolling equipment, and may execute agreements, leases and equipment trust…
- § 25846 The agreement to purchase or lease may direct the vendor or lessor to sell and assign or lease the rolling equipment to a bank or trust company, duly…
- § 25847 The agreements and leases shall be duly acknowledged before a person authorized by law to take acknowledgments of deeds and in the form required for…
- § 25848 The covenants, conditions and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the provisions of any trust…
- § 25849 An executed copy of each agreement or lease shall be filed in the Office of the Secretary of State, who will be entitled to receive one dollar ($1) for each…
ARTICLE 7. Investments §§ 25871–25874 · 4 sections
- § 25871 A district may invest any surplus money in its treasury, including money in any sinking fund, in any of the following: (a) Its own bonds. (b) Treasury notes,…
- § 25872 Such investment may be made by direct purchase of any issue of such bonds, treasury notes, or obligations, or part thereof, at the original sale or by the…
- § 25873 Any bonds, treasury notes, or obligations purchased and held as investments by the district may from time to time be sold and the proceeds reinvested in bonds,…
- § 25874 Sales of any bonds, treasury notes, or obligations purchased and held by the district shall from time to time be made in season so that the proceeds may be…
ARTICLE 8. Taxation §§ 25891–25904 · 15 sections
- § 25891 A district may levy, and collect or cause to be collected, taxes for any lawful purpose.
- § 25892 If, in the opinion of the board, the revenues will not be sufficient for any and all lawful purposes the board shall levy a tax for such purpose or purposes…
- § 25892.1 (a) The district board may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the…
- § 25893 The board shall, at the time of fixing the general tax levy and in the manner provided for the general tax levy, levy and collect annually until the district’s…
- § 25894 The taxes required to be levied and collected on account of interest, principal, and sinking fund of district bonds shall be in addition to all other taxes…
- § 25895 The board may provide for the assessment, levy, and collection of taxes by the district, including the sale of property to the district for delinquent taxes,…
- § 25896 The board may elect to avail itself of the assessments made by the assessors of the counties in which the district is situated, and of the assessments made by…
- § 25897 In such case the county auditor shall, on or before the third Monday in August of each year, transmit to the board a statement in writing showing the total…
- § 25898 In case the board elects to avail itself of the assessments referred to in Section 25896 it shall, on or before the first weekday in September, or if such…
- § 25899 The board shall immediately after fixing the rate of taxes as above provided transmit to the county auditors of the counties in which the district is situated…
- § 25900 The district’s taxes so levied shall be collected at the same time and in the same manner as county taxes. When collected the net amount, ascertained as…
- § 25901 Whenever any real property situate in any district which has availed itself of the provisions of Section 25896 has been sold for taxes and has been redeemed,…
- § 25902 The compensation to be charged by and paid to any county for the performance of services under this article shall be fixed by agreement between the board of…
- § 25903 All taxes levied under this part are a lien on the property on which they are levied. Unless the board has by ordinance otherwise provided, the enforcement of…
- § 25904 Whenever one or more special transit service districts are created and established pursuant to Chapter 10.5 (commencing at Section 27401), taxes in excess of…
ARTICLE 9. Claims § 25951 · 1 section
- § 25951 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 7. Bonds §§ 26201–26352 · 32 sections
ARTICLE 1. Issuance §§ 26201–26212 · 13 sections
- § 26201 A district may from time to time incur a bonded indebtedness as provided in this chapter to pay the cost of acquiring, constructing, or completing the whole or…
- § 26202 Whenever the board by resolution passed by vote of two-thirds of all its members determines that the public interest or necessity demands the acquisition,…
- § 26203 In lieu of a resolution passed by the board, proceedings for the issuance of bonds for the purposes provided in this chapter may be initiated by petition of…
- § 26204 Whenever any petition signed by voters within the district equal in number to at least 15 percent of the total vote cast is presented to the board asking for…
- § 26205 If the required number of signatures is found to be genuine, the secretary shall transmit to the board an authentic copy of the petition without the signatures.
- § 26206 Upon receiving a petition with the certificate of the secretary stating that it contains the required number of signatures, the board shall formulate for…
- § 26207 The ordinance calling a special bond election shall fix the date on which the election will be held, and the manner of holding the election and of voting for…
- § 26208 Propositions for incurring indebtedness for more than one object or purpose may be submitted at the same election.
- § 26209 Any special bond election may be held separately, or may be consolidated with any other election authorized by law at which the voters of the district may…
- § 26210 The ordinance shall be published, and no other notice of election need be given.
- § 26210.5 The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable…
- § 26211 The votes of two-thirds of all the voters voting on the proposition at the election are required to authorize the issuance of bonds under this chapter.
- § 26212 If the proposition submitted at a special bond election fails to receive the requisite number of votes, the board shall not within six months after the…
ARTICLE 2. Form and Content §§ 26241–26244 · 4 sections
- § 26241 Bonds authorized by this chapter shall mature serially in amounts to be fixed by the board; except that payment shall begin not later than 10 years from the…
- § 26242 The bonds shall be issued in such denominations as the board determines, except that no bonds shall be of a denomination less than one hundred dollars ($100),…
- § 26243 The board may at any time prior to the issuance and sale of any bonds provide for the call and redemption of any or all of the bonds on any interest payment…
- § 26244 The bonds shall be signed by the president of the board or by such officer of the district as the board shall by resolution authorize and designate for that…
ARTICLE 3. Issue and Sale §§ 26261–26263 · 3 sections
- § 26261 The bonds may be issued and sold for not less than their par value, but otherwise as the board determines. Before selling any bonds, or any part thereof, the…
- § 26262 All premiums and accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the…
- § 26263 In lieu of the immediate levy of a tax to pay the interest or any part thereof on any bonded indebtedness incurred in accordance with this division, the board…
ARTICLE 4. Refunding §§ 26281–26287 · 7 sections
- § 26281 Whenever the board by resolution passed by a vote of two-thirds of all its members determines that the refunding of the whole or any portion of the bonded…
- § 26282 The issuance of refunding bonds shall not be construed as the incurring or increase of an indebtedness within the meaning of this division, and the approval of…
- § 26283 Except as otherwise provided, the provisions of this chapter shall substantially govern as to all matters pertaining to the issuance of refunding bonds,…
- § 26284 Refunding bonds shall bear interest at a rate not exceeding the interest rate on the refunded bonds, but payment of the refunding bonds shall begin not later…
- § 26285 The proceeds of the sale of refunding bonds shall be applied only to the purchase, or retirement at not more than par and accrued interest, or the call price,…
- § 26286 In lieu of selling refunding bonds and using the proceeds to purchase or retire the bonds to be refunded, the board may exchange refunding bonds at not less…
- § 26287 Whenever outstanding bonds are refunded they shall be surrendered to the treasurer of the district, who shall cancel them by endorsing on their face the manner…
ARTICLE 5. Status as Investments §§ 26311–26312 · 2 sections
- § 26311 All bonds including refunding bonds issued by a district are legal investments for all trust funds and for the funds of all insurance companies, banks, both…
- § 26312 All bonds of the district, to the same extent as bonds of any other municipality, are legal for use by any state or national bank or banks in the State as…
ARTICLE 6. Validating Proceedings § 26341 · 1 section
- § 26341 An action to determine the validity of bonds may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil…
ARTICLE 7. Revenue Bonds §§ 26351–26352 · 2 sections
- § 26351 As an alternative procedure for the raising of funds, a district created pursuant to this part is authorized to issue bonds, payable from revenues of any…
- § 26352 A district created pursuant to this part is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing at Section 54300) of Part…
CHAPTER 8. Annexation of Cities §§ 26401–26551 · 25 sections
ARTICLE 1. Annexation Agreement §§ 26401–26406 · 6 sections
- § 26401 Any city not included within the boundaries of a district may be annexed thereto in the manner provided in this chapter.
- § 26402 The legislative body of the city proposed to be annexed shall agree in writing with the board upon the terms and conditions of annexation, which agreement…
- § 26403 The annexation agreement may also provide that the city’s annexation to the district shall constitute annexation to any existing special transit service…
- § 26404 As an alternative to commencement of annexation proceedings by action of the legislative body of a city, a petition signed by voters within the city proposed…
- § 26405 The petition may include one or more separate documents, but each document shall contain the affidavit of the party who circulated it, certifying that each…
- § 26406 If the board determines that the annexation of the city, whose voters have petitioned pursuant to Section 26404, would facilitate the acquisition or operation…
ARTICLE 2. Approval by District §§ 26421–26427 · 7 sections
- § 26421 The agreement shall become effective and be binding upon the district and the city when approved in the manner set forth in this chapter. The board shall by…
- § 26422 The ordinance, together with a notice fixing the time and place for hearing thereon, shall be published in the district pursuant to Section 6061 of the…
- § 26423 At the hearing any person interested may file with the board written objections to the execution of the agreement.
- § 26424 Upon the hearing the board shall determine whether or not the agreement will be carried into execution and shall hear and determine all objections thereto.…
- § 26425 Any hearing on the agreement may be adjourned from time to time by the board without further notice other than an order to be entered upon the minutes of the…
- § 26426 If no protests are filed or if the protests filed are overruled and denied the board shall thereupon by resolution finally approve the agreement and authorize…
- § 26427 When executed by the district the agreement shall be dated and an executed copy filed with the secretary of the district. An executed copy shall also be filed…
ARTICLE 3. Approval by City §§ 26451–26456 · 6 sections
- § 26451 At any time after the board has finally approved the agreement of annexation the legislative body of the city to be annexed shall cause an election to be held…
- § 26452 Notice of election shall be published as provided in Section 24533 and shall either state that a copy of the annexation agreement is on file in the office of…
- § 26453 The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and…
- § 26454 If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were cast in favor of the annexation, the…
- § 26455 If the proposition fails to carry, the result shall be entered upon the minutes of the governing body of the city.
- § 26456 If the proposition receives the vote of the requisite majority of voters the governing body of the city shall enter in its minutes an order declaring the…
ARTICLE 4. Establishment of Annexation § 26486 · 1 section
- § 26486 Upon receipt by the district of a copy of the agreement of annexation properly executed by the district and the city proposed to be annexed the board shall…
ARTICLE 5. Annexation of Territory to Cities §§ 26511–26512 · 2 sections
- § 26511 Upon the completion of the annexation of any territory in accordance with law to any city included or partially included in the district, the city clerk shall…
- § 26512 If the district shall file its objections in the manner aforesaid to the annexation to the district of such territory or portion thereof, the territory, or…
ARTICLE 6. Effect of Annexation §§ 26531–26532 · 2 sections
ARTICLE 7. Contest of Annexation § 26551 · 1 section
- § 26551 The validity of any proceedings for the annexation of any city to any district shall not be contested in any action unless the action is brought within three…
CHAPTER 9. Annexation of Unincorporated Territory §§ 26651–27111 · 27 sections
ARTICLE 1. Annexation Agreement §§ 26651–26658 · 8 sections
- § 26651 Unincorporated territory may be annexed to a district in the manner provided in this chapter.
- § 26652 Unincorporated territory not contiguous to a district may not be annexed if the district does not possess facilities for supplying transit service to that…
- § 26653 A petition signed by voters within the territory proposed to be annexed equal in number to at least 10 percent of the total vote cast, describing the territory…
- § 26654 The secretary shall compare the signatures on the petition with the affidavits of registration on file with the county elections official and if he or she…
- § 26655 If the board determines that the annexation of the territory would facilitate the acquisition or operation of any transit facilities for the district, or be of…
- § 26656 Provisions may be made (among other things) for payment of taxes within the territory to be annexed in addition to the taxes elsewhere in this part provided…
- § 26657 The annexation agreement may also provide that the unincorporated territory’s annexation to the district shall constitute annexation to any existing special…
- § 26658 As an alternative to commencement of annexation proceedings by a petition by the voters within any unincorporated territory, proposed to be annexed, the…
ARTICLE 2. Approval by District §§ 26681–26687 · 7 sections
- § 26681 The board shall by ordinance setting forth the terms and conditions at length declare its intention of causing the agreement to be approved by the district.
- § 26682 The ordinance together with a notice fixing the time and place for hearing thereon shall be published in the district pursuant to Section 6061 of the…
- § 26683 At the hearing any person interested may file with the board written objections to the approval of the terms and conditions.
- § 26684 Upon the hearing the board shall determine whether or not the terms and conditions will be approved and shall hear and determine all objections thereto.…
- § 26685 Any hearing on the agreement may be adjourned from time to time by the board, not exceeding 30 days in all, without further notice other than an order entered…
- § 26686 If no protests are filed or the protests filed are overruled and denied by the board the board shall thereupon by resolution finally approve the terms and…
- § 26687 If protests against the proposed annexation are sustained, all proceedings shall be dismissed and no proceedings shall be undertaken again concerning the…
ARTICLE 3. Approval by Unincorporated Territory §§ 27011–27016 · 6 sections
- § 27011 The board shall cause an election to be held in the territory proposed to be annexed on the next established election date not less than 74 days after it has…
- § 27012 Notice of election shall be published and shall either state that a copy of the ordinance containing the terms and conditions of annexation at length is on…
- § 27013 The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and…
- § 27014 If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were cast in favor of the annexation, the…
- § 27015 If the proposition fails to carry, the result shall be entered upon the minutes of the board.
- § 27016 If the proposition is defeated by the voters, no annexation proceeding shall be commenced involving the territory or any part thereof until after the…
ARTICLE 4. Establishment of Annexation § 27041 · 1 section
- § 27041 In the event the proposition receives the vote of the requisite majority of voters the board shall pass a resolution declaring the territory annexed to the…
ARTICLE 5. Annexation Without Election §§ 27061–27063 · 3 sections
- § 27061 Unincorporated territory may be annexed to a district without an election in the manner provided in this article.
- § 27062 A petition describing the territory proposed to be annexed and requesting that proceedings be taken for its annexation shall be signed by all of the owners of…
- § 27063 Proceedings shall thereafter be taken and a hearing held in substantial compliance with the provisions of this chapter relating to the annexation of…
ARTICLE 6. Effect of Annexation § 27091 · 1 section
- § 27091 From and after the date of annexation the board shall levy upon all of the property in the territory annexed any taxes, tolls, or charges which are necessary…
ARTICLE 7. Contest of Annexation § 27111 · 1 section
- § 27111 The validity of any proceedings for the annexation of any unincorporated territory to any district shall not be contested in any action unless the action is…
CHAPTER 10. Exclusion of Territory §§ 27251–27302 · 25 sections
ARTICLE 1. Exclusion of Unincorporated Territory §§ 27251–27259 · 9 sections
- § 27251 Any territory contained within a district not being served by any transit facilities of the district and not included within the boundaries of any incorporated…
- § 27252 The petition shall describe the territory sought to be excluded and shall set forth that the territory is not benefited in any manner by the district or by its…
- § 27253 The petition shall be filed with the secretary of the district and shall be accompanied by a deposit with the secretary of the sum of one hundred dollars…
- § 27254 Upon the filing of the petition the secretary shall cause it to be set for hearing at a regular or adjourned regular meeting of the board and shall cause a…
- § 27255 Any landowner or taxpayer within the district may appear at the hearing either in behalf of or in opposition to the granting of the petition.
- § 27256 The petition shall come on for hearing before the board at the time and place specified in the notice of hearing.
- § 27257 If upon the hearing the board determines that it is for the best interests of the district that the lands mentioned in the petition or some portion thereof be…
- § 27258 A copy of the order of exclusion certified by the secretary of the district shall be recorded in the office of the county recorder of the county in which the…
- § 27259 From and after the making of the order of exclusion and the record thereof the lands excluded are no longer included in the district. The order of exclusion…
ARTICLE 2. Exclusion of Incorporated Territory §§ 27281–27284 · 4 sections
- § 27281 If the city to which any territory included in any district has been annexed already provides transit service in the territory annexed, or if any territory in…
- § 27282 The petition shall contain the information prescribed for petitions for exclusion under Article 1 of this chapter, a deposit for expenses shall be made as…
- § 27283 If an order of exclusion is granted, the board and the governing body of the city shall by contract provide for the payment by the city of the proportion of…
- § 27284 The order of exclusion does not invalidate in any manner any taxes or assessments theretofore levied or assessed against the lands excluded nor relieve the…
ARTICLE 3. Exclusion of Territory Within or Without City §§ 27291–27302 · 12 sections
- § 27291 The provisions of this article are alternative to any other provisions for the exclusion of territory from the district.
- § 27292 Any time after the defeat of a bond issue by the voters of the district any city or unincorporated territory, a majority of whose voters voting on a district…
- § 27293 The petition or resolution shall state the reasons for the proposed exclusion and that the area will not be benefited by inclusion in the district, shall…
- § 27294 (a) If the exclusion is initiated by a city council or a board of supervisors, such legislative body shall hold a public hearing on the proposal to adopt the…
- § 27295 Within 60 days after the receipt of a petition for exclusion, the board shall hear the petition or resolution at a regular or adjourned meeting of the board.…
- § 27296 Any landowner or taxpayer within the district may appear at the hearing, either in behalf of or in opposition to the granting of the petition or resolution.
- § 27297 The petition or resolution shall be heard by the board at the time and place specified in the notice of the hearing.
- § 27298 If, upon the hearing the board determines that it is in the best interests of the district that the lands mentioned in the petition or resolution, or some…
- § 27299 In the event that the board shall not make the order excluding all of the area proposed to be excluded within 10 days after the hearing on the petition or…
- § 27300 In the event that a majority of the votes cast at the election are in favor of the exclusion, the board, upon completion of the canvass, shall make an order…
- § 27301 A copy of the order of exclusion, certified by the secretary of the district, shall be recorded in the office of the county recorder of the county in which the…
- § 27302 Subsequent to the making and recording of the order of exclusion, the lands excluded shall no longer be a part of the district. The order of exclusion does not…
CHAPTER 10.5. Special Transit Service Districts §§ 27401–27481 · 44 sections
ARTICLE 1. Proposal of Formation §§ 27401–27406 · 6 sections
- § 27401 One or more special transit service districts may be created within the boundaries of a district pursuant to this chapter.
- § 27402 Resolutions shall first be passed by the legislative bodies of half or more, but of not less than two, of the public agencies, within all or any part of the…
- § 27403 As an alternative to the instigation of the formation of a special transit service district by resolutions, a petition may be filed with the secretary of a…
- § 27404 The petition shall declare that the public interest or necessity demands the creation of a special transit service district within the area of the district…
- § 27405 The secretary of the district shall compare the signatures on the petition with the affidavits of registration on file with the county elections official and…
- § 27406 The board may initiate proceedings for the creation of a special transit service district within the area of the district by passing a resolution declaring…
ARTICLE 2. Hearing §§ 27411–27417 · 7 sections
- § 27411 Within 60 days after receipt of the resolutions of the public agencies or receipt of the certification of the sufficiency of a petition by the secretary of the…
- § 27412 The notice of hearing shall be published once in a newspaper of general circulation published in the district.
- § 27413 The time fixed for the hearing shall be not less than 20 nor more than 60 days from the date of the publication of the notice.
- § 27414 At or before the hearing, any person interested may file with the secretary of the district written objections to the creation of the special transit service…
- § 27415 The board may reduce or enlarge the boundaries of the proposed special transit service district, but the boundaries of the proposed special transit service…
- § 27416 The board shall not approve the creation of a special transit service district containing territory in addition to the territory included in the resolutions or…
- § 27417 If no protests are filed, or if the protests filed are overruled and denied by the board, the board shall by resolution approve the creation of the special…
ARTICLE 3. Election §§ 27421–27430 · 10 sections
- § 27421 Any public agency included, or partly included, within the boundaries of a special transit service district may, by a resolution adopted by its legislative…
- § 27422 Instead of the procedure by resolution of a public agency, a petition may be filed with the secretary of the district, signed by voters within any public…
- § 27423 The petition may include one or more documents, but each document shall contain the affidavit of the party who circulated it, certifying that each name affixed…
- § 27424 The secretary of the district shall compare the signatures with the affidavits of registration on file with the county elections official and shall certify to…
- § 27425 The filing of a resolution pursuant to Section 27421, or of a petition pursuant to Section 27422, shall stay the effective creation of the special transit…
- § 27426 The board shall call the election required by Sections 27421 and 27422 to be held on the next established election date not less than 74 days after the…
- § 27427 The ballot for the election shall contain such instructions as are required by law to be printed thereon and in addition thereto the following: Shall the…
- § 27428 No person is entitled to vote at the election unless he is a voter of the public agency or portion thereof requesting the election. The election may be held on…
- § 27429 The costs of the election required by this article shall be borne equally by the public agency and the district.
- § 27430 The question of the creation of a special transit service district, submitted to a vote pursuant to this article, shall be canvassed separately for each public…
ARTICLE 4. Taxing Subdivision § 27441 · 1 section
- § 27441 A special transit service district has no separate corporate existence, but shall be deemed to be a taxing subdivision of the district, and within each special…
ARTICLE 5. Bond Election §§ 27451–27456 · 6 sections
- § 27451 At any time after the adoption by the board of the resolution creating a special transit service district, notwithstanding the effective date of the…
- § 27452 The proposition for incurring a bonded indebtedness under Section 27451 may be submitted to the voters of any public agency or portion thereof at the same…
- § 27453 Except as otherwise provided in this article, the provisions of Chapter 7 (commencing at Section 26201) shall substantially govern as to all matters pertaining…
- § 27454 The favorable vote of a majority of all the voters voting on the proposition to authorize the issuance of bonds at the election or elections held pursuant to…
- § 27455 Only the property in the special transit service district shall be taxable for the payment of the principal and interest on special transit service district…
- § 27456 Any proceeding denying the validity of the creation of any special transit service district, or of any bonds authorized by the voters thereof, pursuant to this…
ARTICLE 6. Annexation §§ 27461–27473 · 13 sections
- § 27461 Any public agency or portion thereof within the boundaries of a district, hereafter referred to collectively as “territory,” not included within the boundaries…
- § 27462 The board shall, by resolution, determine that the annexation of the territory will facilitate the acquisition or operation of transit facilities for the…
- § 27463 Any public agency or portion thereof included as part of the territory to be annexed to a special transit service district pursuant to this article may, by…
- § 27464 Except as otherwise provided herein, Article 3 (commencing at Section 27421) shall govern the procedure for the submitting of the annexation proposition to the…
- § 27465 The terms and conditions for the annexation of territory to a special transit service district may provide (among other things) for the payment of taxes within…
- § 27466 Notice fixing the time and place for hearing on the question of the annexation of territory to a special transit service district shall be published once in a…
- § 27467 The time for hearing shall be not less than 20 nor more than 60 days from the date of the publication of the notice.
- § 27468 At or before the hearing, any person interested may file with the secretary of the district written objections to the annexation of the territory to the…
- § 27469 The hearing may be adjourned from time to time by the board without further notice other than an order entered upon the minutes of its meeting fixing the time…
- § 27470 From and after the date of filing of the resolution with the secretary of the district the annexation of the territory, or portion thereof, to the special…
- § 27471 From and after the date of annexation any territory annexed to a special transit service district is liable for payment of its proportionate share of any…
- § 27472 Upon the completion of the annexation of any territory in accordance with law to any city included, or partially included, in a special transit service…
- § 27473 If the district shall file its objections in the manner aforesaid to the annexation to a special transit service district of such territory or portion thereof,…
ARTICLE 7. Dissolution § 27481 · 1 section
- § 27481 A special transit service district may be dissolved by resolution of the board if any proposition for the incurring of a bonded indebtedness fails to carry,…
CHAPTER 11. Dissolution §§ 27501–27509 · 9 sections
- § 27501 The board of any district which operates no transit facilities, or with exterior boundaries coincident with the boundaries of a single city, may call an…
- § 27502 The election for the purpose of submitting to the voters of the district the question of whether or not the district shall be dissolved shall be held on the…
- § 27503 Notice of any election for dissolution, whether called because of the filing of a petition or ordered by the board without petition, shall be published. The…
- § 27504 The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and…
- § 27505 No other notice of the election other than that provided for in this chapter need be given and no sample ballots need be sent to the voters.
- § 27506 If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were in favor of the dissolution, the…
- § 27507 Upon dissolution of any district which has boundaries that are coincident with the corporate limits of a city, the district property wherever situated vests…
- § 27508 If at the time of dissolution there is any outstanding indebtedness of the district the legislative authority of the city, where the limits of the district lie…
- § 27509 In the event that the proposition for dissolution fails to carry, no subsequent election for the dissolution of the district shall be called until after the…