PART 10. SANTA CRUZ METROPOLITAN TRANSIT DISTRICT [98000. - 98407.]
Part 10 added by Stats. 1967, Ch. 978.
§§ 98000–98407 · 208 sections
CHAPTER 1. General Provisions §§ 98000–98014 · 13 sections
ARTICLE 1. Definitions §§ 98000–98007 · 8 sections
- § 98000 This part shall be known and cited as the “Santa Cruz Metropolitan Transit District Act of 1967.”
- § 98001 Unless the context otherwise requires, the provisions of this article govern the construction of this part.
- § 98002 “District” means the Santa Cruz Metropolitan Transit District formed under this part.
- § 98003 “Board” means the board of directors of this district.
- § 98004 “Voter” means any elector who is registered under the Elections Code.
- § 98005 “Transit” means the transportation of passengers only and their incidental baggage by means other than by chartered bus, sightseeing bus, or any other motor…
- § 98006 “Transit works” or “transit facilities” means all real and personal property equipment, rights, or interests owned or to be acquired by the district for…
- § 98007 “Officer” means the general manager and the directors on the board.
ARTICLE 2. General Provisions §§ 98010–98014 · 5 sections
- § 98010 It is necessary that a transit district be established in the Santa Cruz metropolitan area which includes the Cities of Santa Cruz and Capitola and adjacent…
- § 98011 The Santa Cruz Metropolitan Transit System may be created as provided in this part and when so created may exercise the powers herein granted.
- § 98012 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…
- § 98013 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…
- § 98014 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. Formation of District §§ 98020–98080 · 24 sections
ARTICLE 1. General Provisions §§ 98020–98022 · 3 sections
- § 98020 The County of Santa Cruz may organize and incorporate the Santa Cruz Metropolitan Transit District.
- § 98021 The request for the formation of the Santa Cruz Metropolitan Transit District may be made by resolution or by petition as set out in this chapter.
- § 98022 The district may include incorporated and unincorporated territory within the County of Santa Cruz.
ARTICLE 2. Request by Resolution §§ 98030–98032 · 3 sections
- § 98030 The Board of Supervisors for the County of Santa Cruz, the Santa Cruz City Council and the Capitola City Council may pass a joint resolution, declaring that in…
- § 98031 The resolution may state the transit facilities proposed to be first acquired, but failure to acquire such transit facilities shall not affect the validity of…
- § 98032 Certified copies of the resolution shall be presented to the Board of Supervisors of Santa Cruz County requesting the board of supervisors to call an election…
ARTICLE 3. Request by Petition §§ 98040–98043 · 4 sections
- § 98040 Instead of a resolution, a petition may be presented to the board of supervisors signed by voters within the proposed district equal in number to at least 25…
- § 98041 The petition shall contain substantially the same declarations and statements required to be contained in the resolution presented to the board of supervisors…
- § 98042 The petition may be on separate papers, but each paper shall contain the affidavit of the person who circulated it certifying that each name signed thereto is…
- § 98043 The County Elections Official of the County of Santa Cruz shall compare the signatures to the petition with the affidavits of registration and certify to their…
ARTICLE 4. Election §§ 98050–98060 · 12 sections
- § 98050 Upon adoption of the resolution or of a sufficient petition, the board of supervisors shall hold a hearing on the question of forming a Santa Cruz Metropolitan…
- § 98051 The board of supervisors shall submit the boundaries for the district as described in the resolution or petition to the local agency formation commission for…
- § 98052 Upon conclusion of the board of supervisors’ hearing and completion of the review of the boundaries for the proposed district by the local agency formation…
- § 98053 Prior to calling the election, the board of supervisors shall by resolution, entered upon its minutes: (a) Fix and describe the exterior boundaries of the…
- § 98053.5 The election shall be held not less than 60 days nor more than 90 days from the date of the adoption of the resolution prescribed by Section 98030.
- § 98054 The election shall be called by publishing notice calling the election pursuant to Section 6066 of the Government Code not less than 20 days before the…
- § 98055 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…
- § 98056 No person shall be entitled to vote at the election unless he is a voter of the territory included in the proposed district.
- § 98057 The election may be held on the same day as any other state, county, or city election, and be consolidated therewith.
- § 98058 The board of supervisors shall meet on the Tuesday next succeeding the day of the election and canvass the returns.
- § 98059 The board of supervisors shall make all provisions for the holding of the election throughout the district as proposed, and the cost of said election shall be…
- § 98060 If any special election is held exclusively on the proposition or propositions related to the transit district organization, bond issuance, raising of tax…
ARTICLE 5. Establishment of the District § 98070 · 1 section
- § 98070 If a majority of the electors voting on the proposition vote in favor of the creation and establishment of the district, the board of supervisors shall cause a…
ARTICLE 6. Contest of Incorporation § 98080 · 1 section
- § 98080 No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any citizen, shall be held to…
CHAPTER 3. Internal Organization of District §§ 98100–98149 · 33 sections
ARTICLE 1. Government §§ 98100–98106 · 7 sections
- § 98100 The district shall be governed by a board of directors of seven members, which may be increased to 9 or 11 members if the board finds that an increase in the…
- § 98101 The appointees to the board made by the several legislative bodies shall have been residents of the area encompassed by the district for at least 30 days prior…
- § 98102 These appointments shall be made within 30 days after the formation of the district.
- § 98103 A person shall not be appointed to, or be a member of, the board unless that person is a resident of the district and has resided within the district at least…
- § 98104 (a) Except as otherwise provided in this section, the term of office of each director shall be four years. (b) For the board first appointed, at least one…
- § 98105 The first meeting of the board shall be held within 10 days of the appointment of the last director by a legislative body. The board shall make its own rules…
- § 98106 The board shall select one of its members chairman, and one vice chairman, who shall preside in the absence of its chairman. The board shall provide for and…
ARTICLE 2. Powers and Duties of Directors §§ 98110–98119 · 10 sections
- § 98110 The chairman is the presiding officer of the board.
- § 98111 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…
- § 98112 The board shall supervise and regulate every transit facility owned and operated by the district, including the fixing of rates, rentals, charges and…
- § 98113 The board may either operate the transit system itself or a part thereof or it may contract with any other public or private agency or corporation to operate…
- § 98114 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…
- § 98115 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…
- § 98116 The board shall have an annual audit of all books and accounts of the district made by a certified public accountant or public accountant or by the county…
- § 98117 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…
- § 98118 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.…
- § 98119 None of the territory which is within the district shall be annexed to any other transit district unless the board, by resolution, approves the annexation of…
ARTICLE 3. Meetings and Legislation §§ 98130–98135 · 6 sections
- § 98130 All meetings of the board shall be conducted in a manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950), Part 1, Division 2,…
- § 98131 A majority of the board constitutes a quorum for the transaction of business.
- § 98132 The board shall establish rules for its proceedings and board members shall be allowed necessary traveling and personal expenses incurred in performance of…
- § 98133 The acts of the board shall be expressed by motion, resolution or ordinance. No ordinance shall be passed until a public hearing has been held on it, which…
- § 98134 All ordinances shall be printed after passage, and maintained in the district’s offices.
- § 98135 The enacting clause of all ordinances shall be as follows: “Be it enacted by the Board of Directors of the Santa Cruz Metropolitan Transit District:” All…
ARTICLE 4. Other Offices §§ 98140–98149 · 10 sections
- § 98140 The board may, by an affimative vote of the majority of its members, appoint and fix the salary of a general manager, who shall have the responsibility for the…
- § 98141 The general manager may be removed by the board upon the adoption of a resolution by the affirmative vote of not less than a majority of the board. The board…
- § 98142 The oath of all appointive officers of the district shall be taken, subscribed, and filed with the secretary of the district at any time after the officer has…
- § 98143 Each appointive officer shall give such bond and in such amount as the board may require.
- § 98144 The board shall establish by resolution the powers and duties of the general manager.
- § 98145 The general manager shall prepare, within 90 days from the end of each fiscal year, a financial report showing the result of operations for the preceding…
- § 98146 At least 30 days prior to the end of the fiscal year, the general manager shall prepare a proposed annual budget for the district. Prior to the time this…
- § 98147 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…
- § 98148 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…
- § 98149 The board may appoint a regular attorney who shall serve at the pleasure of the board or it may engage an attorney from time to time as the need arises. If…
CHAPTER 4. Labor Provisions §§ 98160–98174 · 18 sections
- § 98160 For purpose of this chapter, the following definitions apply: (a) “District” means the Santa Cruz Metropolitan Transit District, including all operations and…
- § 98160.5 (a) It is a primary purpose of this chapter to promote the improvement of personnel management and employer-employee relations within the district by providing…
- § 98160.7 Appointments and promotions in the service of the transit district shall be made according to merit and fitness, to be ascertained, in so far as is…
- § 98161 (a) All individuals shall have equal opportunity to obtain and hold employment, and to advance in that employment, without discrimination on any basis listed…
- § 98162 (a) All employees of the district are to be free from interference, coercion, and restraint in associating themselves together for their mutual benefit in…
- § 98162.5 (a) Any question that may arise with respect to whether a majority of the employees in an appropriate unit desire to be represented by a labor organization…
- § 98163 Whenever any district acquires existing facilities from a publicly or privately owned public utility either in proceedings by eminent domain or otherwise, to…
- § 98164 Whenever any district acquires existing facilities from a publicly or privately owned public utility, either in proceedings in eminent domain or otherwise,…
- § 98165 All persons receiving pension benefits from such acquired public utility and all persons entitled to pension benefits under the pension plan of such acquired…
- § 98166 (a) Notwithstanding the Government Code, the board may authorize payment of any or all of the premiums on any group life, accident and health insurance, health…
- § 98167 (a) The obligation of the district is to bargain in good faith with a duly designated or certified labor organization and, when an agreement is reached, to…
- § 98168 (a) The district shall not require any employee, who is a member of a bona fide religion, body, or sect which has historically held conscientious objections to…
- § 98169 It is unlawful for the district to do any of the following: (a) Impose or threaten to impose reprisals on employees, to discriminate or threaten to…
- § 98170 It is unlawful for an employee organization to do any of the following: (a) Impose or threaten to impose reprisals on employees, discriminate or threaten to…
- § 98171 (a) This chapter shall not displace, or supplant, the requirements of Chapter 3 (commencing with Section 3610) of Division 4.5 of Title 1 of the Government…
- § 98172 (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case,…
- § 98173 This chapter, as amended by the act adding this section, shall not be interpreted as if it were in conflict with any collective bargaining agreement and shall…
- § 98174 Chapter 11.5 (commencing with Section 3555) of Division 4 of Title 1 of the Government Code applies to the district and its employees. Notwithstanding…
CHAPTER 5. Retirement System §§ 98180–98205 · 19 sections
ARTICLE 1. Establishment §§ 98180–98185 · 6 sections
- § 98180 The board may establish a retirement system for the officers and employees of the district and provide for the payment of annuities, pensions, retirement…
- § 98181 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…
- § 98182 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…
- § 98183 The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administrations of the…
- § 98184 Nothing in this chapter prevents the district from participation in and making all or part of its employees members of the State Employees’ Retirement System…
- § 98185 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 §§ 98190–98196 · 7 sections
- § 98190 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 and…
- § 98191 The retirement allowance may be predicated in part upon service rendered the district by a member prior to the establishment of the retirement system, which…
- § 98192 The board shall provide that both the district and the members shall contribute to the retirement system. The rate of contribution by an officer or employee of…
- § 98193 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…
- § 98194 Liabilities accruing under the retirement system because of benefits other than such as are the equivalent of contributions by the members, with accumulated…
- § 98195 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…
- § 98196 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 §§ 98200–98203 · 4 sections
- § 98200 The board may create a retirement board of not more than five members, at least two members of which shall be the elected representatives of the employees, to…
- § 98201 All members of the retirement board shall serve without pay.
- § 98202 The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole…
- § 98203 If the district maintains its own retirement fund the retirement board shall have exclusive control of the administration, investment, and disbursement of such…
ARTICLE 4. Investigation and Penalties §§ 98204–98205 · 2 sections
- § 98204 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…
- § 98205 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 §§ 98210–98296 · 47 sections
ARTICLE 1. Corporate Power §§ 98210–98214 · 5 sections
- § 98210 The district has perpetual succession and may adopt a seal and alter it at its pleasure.
- § 98211 The 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.
- § 98212 The district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The…
- § 98213 No action in eminent domain to acquire property or interests therein within any incorporated city or any county shall be commenced unless the legislative body…
- § 98214 No such taking or acquisition by the district which would involve the abandonment, removal, relocation, or use of property of a railroad corporation, as…
ARTICLE 2. Contracts §§ 98220–98221 · 2 sections
- § 98220 The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 98221 No officer or employee of the district shall in any manner be interested directly or indirectly, in any contract awarded or to be awarded by the board, or in…
ARTICLE 4. Property §§ 98233–98234 · 2 sections
- § 98233 The 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…
- § 98234 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 §§ 98240–98251 · 12 sections
- § 98240 The district may acquire, construct, own, operate, control or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and any…
- § 98241 The district may without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, rights-of-way,…
- § 98242 The district shall not interfere with or exercise any control over any transit facilities now or hereafter owned, and operated wholly or partly within the…
- § 98243 The 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…
- § 98244 The 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…
- § 98245 The 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…
- § 98246 The rates and charges for service furnished pursuant to this part shall be fixed by the board and shall be reasonable.
- § 98247 The board of supervisors or the city council of a municipality having territory located within the district may file a request for a hearing before the…
- § 98248 Upon the filing of a request for hearing as provided in Chapter 8 (commencing with Section 98390) of this part, the district board shall fix the time and place…
- § 98249 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…
- § 98250 Within 30 days after submission of the case, the board shall render its decision and its decision shall be final.
- § 98251 The district shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to the operation of buses and…
ARTICLE 6. Indebtedness §§ 98260–98263 · 3 sections
- § 98260 The district may borrow money for the purpose of defraying the expenses of the district lawfully incurred after the commencement of the fiscal year, but prior…
- § 98262 The district shall not incur an indebtedness under Chapter 7 (commencing with Section 98310) of this part which in the aggregate exceeds one (1) percent of the…
- § 98263 The district may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions or loans from the United…
ARTICLE 7. Investments § 98270 · 1 section
- § 98270 The district may invest any surplus money in its treasury. The county treasurer shall act as treasurer of the district and he shall handle such investments as…
ARTICLE 8. Property Taxation §§ 98280–98289.5 · 13 sections
- § 98280 The district may levy, and collect or cause to be collected, taxes for any lawful purpose subject to a maximum limit of five cents ($0.05) per one hundred…
- § 98280.5 If, in the opinion of the board, the transit operation revenues will not be sufficient for any and all lawful purposes the board shall levy a tax for such…
- § 98281 The board shall, as part of the general tax levy as set forth in Section 98280, levy and collect annually until the district’s bonds are paid, or until there…
- § 98282 The board may provide for the assessment, levy, and collection of taxes by the district.
- § 98283 The board shall avail itself of the assessments made by the assessor of the county and of the assessments made by the State Board of Equalization for the…
- § 98284 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…
- § 98285 The board shall on or before the first day of September fix the rate of taxes, designating the number of cents upon each one hundred dollars ($100) using as a…
- § 98286 The board shall immediately after fixing the rate of taxes as above provided transmit to the county auditor of the county a statement of the rate of taxes…
- § 98287 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…
- § 98288 Whenever any real property has been sold for taxes and has been redeemed, the money paid for redemption shall be apportioned and paid to the district by the…
- § 98289 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…
- § 98289.3 All taxes levied under this article are a lien on the property on which they are levied and shall become a lien at the same time as county taxes. The…
- § 98289.5 (a) On and after the operative date of the transactions and use tax ordinance pursuant to Article 8.5 (commencing with Section 98290) of this chapter, none of…
ARTICLE 8.5. Retail Transactions and Use Tax §§ 98290–98296 · 9 sections
- § 98290 (a) A retail transactions and use tax ordinance may be adopted by the board in accordance with the provisions of Part 1.6 (commencing with Section 7251) of…
- § 98290.1 Notwithstanding any other law, the special taxes authorized in this article may also be imposed by qualified voter initiative, including a qualified voter…
- § 98290.2 (a) If the board or a qualified voter initiative proposes a measure pursuant to this article, the special election shall be consolidated with a statewide…
- § 98291 Any transactions and use tax ordinance adopted shall be operative on the first day of the first calendar quarter commencing not less than 180 days after…
- § 98292 The district may contract with the State Board of Equalization for its service in the preparations necessary to administer a transactions and use tax…
- § 98293 Prior to the operative date of the transactions and use tax ordinance, the district shall contract with the State Board of Equalization to perform all…
- § 98294 If the district shall not have contracted with the State Board of Equalization prior to the operative date of its transactions and use tax ordinance, it shall…
- § 98295 Repeal of the transactions and use tax ordinance shall not be operative earlier than the first day of the first calendar quarter following the adoption of the…
- § 98296 Whenever a bond election is held to authorize a bonded indebtedness pursuant to Article 1 (commencing with Section 98310) of Chapter 7, the ordinance calling…
CHAPTER 6.5. Existing Systems §§ 98300–98305 · 6 sections
- § 98300 As used in this chapter: (a) “Establish” includes establish, construct, complete, acquire, extend or reroute. It does not, however, include the maintenance and…
- § 98301 Notwithstanding any other provision of this part, before the district may establish any transit service or system which may at any time divert, lessen, or…
- § 98302 The district shall not establish the proposed service or system, or maintain and operate the service or system until it has offered to purchase the buses and…
- § 98303 The purchase price to be paid for the existing system, or that part thereof which the district desires to purchase, shall be the reasonable market value of the…
- § 98304 The district and the public utility operating the existing system may agree upon the purchase price or they may agree that the purchase price is to be…
- § 98305 Section 851 of the Public Utilities Code does not apply to any contract for sale or sale of an existing system, or any portion thereof, pursuant to this…
CHAPTER 7. Bonds §§ 98310–98381 · 30 sections
ARTICLE 1. Issuance §§ 98310–98318 · 9 sections
- § 98310 The 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…
- § 98311 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,…
- § 98312 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…
- § 98313 Propositions for incurring indebtedness for more than one object or purpose may be submitted at the same election.
- § 98314 Any special bond election may be held separately, or may be consolidated with any other election, the provisions of this chapter setting forth the procedure…
- § 98315 The ordinance shall be published, and no other notice of election need be given.
- § 98316 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…
- § 98317 The votes of two-thirds (2/3) of all voters voting on the proposition at the election are required to authorize the issuance of bonds under this chapter.
- § 98318 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 §§ 98330–98335 · 6 sections
- § 98330 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…
- § 98331 The board may divide any issue of bonds authorized pursuant to this chapter into two or more series, and may fix different dates of issuance and different…
- § 98332 Pending the actual issuance or delivery of bonds, a district may issue temporary or interim bonds, certificates, or receipts, of any denomination whatsoever,…
- § 98333 The bonds shall be issued in such denominations as the board determines, except that no bonds shall be issued of a denomination less than one thousand dollars…
- § 98334 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…
- § 98335 The bonds shall be signed by the chairman 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 §§ 98340–98342 · 3 sections
- § 98340 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…
- § 98341 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…
- § 98342 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 part the board may,…
ARTICLE 4. Refunding §§ 98350–98356 · 7 sections
- § 98350 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…
- § 98351 The issuance of refunding bonds shall not be construed as the incurring or increase of an indebtedness within the meaning of this act, and the approval of the…
- § 98352 Except as otherwise provided, the provisions of this chapter shall substantially govern as to all matters pertaining to the issuance of refunding bonds,…
- § 98353 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…
- § 98354 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,…
- § 98355 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…
- § 98356 Wherever 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 §§ 98360–98361 · 2 sections
- § 98360 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…
- § 98361 All bonds of the district, to the same extent as bonds of any other municipality, are legal for use by any other municipality, are legal for use by any state…
ARTICLE 6. Validation § 98370 · 1 section
- § 98370 An action to determine validity of bonds, including refunding bonds, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2…
ARTICLE 7. Revenue Bonds §§ 98380–98381 · 2 sections
- § 98380 As an alternative procedure for the raising of funds, the district may issue bonds, payable from revenues of any facility or enterprise to be acquired or…
- § 98381 The district is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5…
CHAPTER 8. Annexation §§ 98390–98396 · 7 sections
- § 98390 Territory may be annexed to the district in the manner provided in this chapter. Territory to be annexed need not be contiguous to the present district.
- § 98391 Whenever the board finds and determines that additional territory will be benefited by annexation to the district, it shall pass a resolution to that effect.…
- § 98392 The resolution shall be passed by a vote of two-thirds of the members of the board and shall: (a) Describe the boundaries of the territory proposed to be…
- § 98393 The resolution, together with the names of the members of the board, voting for and against it shall be published pursuant to Section 6066 of the Government…
- § 98394 On the day fixed for hearing or any day to which the hearing is adjourned, the board shall hear and consider any objections presented to the annexation of the…
- § 98395 After making all necessary and proper changes in the boundaries, by a resolution passed by a vote of two-thirds of the members, the board shall order the…
- § 98396 Whenever any territory is annexed to the district it shall thereupon become a part of the district subject to all the liabilities and entitled to all the…
CHAPTER 9. Exclusion §§ 98397–98399 · 3 sections
- § 98397 Territory within the district may be excluded from the district in the manner provided in this chapter. Proceedings for the exclusion of such territory may be…
- § 98398 After the petition is filed with the board of supervisors, the board of supervisors shall determine whether the petition is signed by a sufficient number of…
- § 98399 On the day fixed for the hearing, or any day to which the hearing may be adjourned, the local agency formation commission shall hear persons interested, and…
CHAPTER 10. Dissolution §§ 98400–98407 · 8 sections
- § 98400 The board may call an election any time for the purpose of submitting to the voters of the district the question of whether the district will be dissolved.…
- § 98401 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…
- § 98402 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…
- § 98403 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…
- § 98404 The board shall canvass the vote. If a majority of the votes favor dissolution, the board shall by resolution dissolve the district.
- § 98405 The board shall file a certified copy of the resolution with the Secretary of State and for record in the office of the county recorder.
- § 98406 Upon dissolution the right, title and interest to property owned or controlled by the district shall be divided among the cities within the district and the…
- § 98407 The board of supervisors is, ex officio, the governing body of the dissolved district. It may levy taxes and assessments and perform other acts necessary to…