CHAPTER 6. Powers and Functions of District [25701. - 25951.]

Chapter 6 added by Stats. 1955, Ch. 1036.

§§ 25701–25951 · 53 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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…
7. 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…
8. 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…