PART 13. GOLDEN EMPIRE TRANSIT DISTRICT [101000. - 101372.]
Heading of Part 13 amended by Stats. 1973, Ch. 590.
§§ 101000–101372 · 180 sections
CHAPTER 1. Title of Act and Policy §§ 101000–101001 · 2 sections
CHAPTER 2. Definitions §§ 101005–101014 · 10 sections
- § 101005 Unless the context otherwise specifically requires, the definitions set forth in this chapter shall govern the construction of this part.
- § 101006 “District” means the Golden Empire Transit District formed under the provisions of this part.
- § 101007 “Board” means the board of directors of the district.
- § 101008 “County” means the County of Kern.
- § 101009 “Board of supervisors” means the board of supervisors of the county.
- § 101010 “Voter” means any elector who is registered to vote under the provisions of the Elections Code and who resides within the territory proposed for formation of…
- § 101011 “Transit” means the transportation of passengers by any means and includes the transportation of the incidental baggage of passengers.
- § 101012 “Transit works” or “transit facilities” means any and all real or personal property, equipment, rights or interests acquired, constructed, leased, purchased,…
- § 101013 “Commission” means the local agency formation commission, of the county.
- § 101014 “Existing system” means any transit service or system of a publicly or privately owned public utility, or division thereof, operating entirely within the…
CHAPTER 3. General Provisions §§ 101030–101031 · 2 sections
CHAPTER 4. Government of the District §§ 101100–101173 · 42 sections
ARTICLE 1. General §§ 101100–101106 · 7 sections
- § 101100 The government of the district shall be vested in a board of directors of five members.
- § 101101 Each director shall be a resident of the district. Members of the board of supervisors and members of the City Council of the City of Bakersfield shall not be…
- § 101102 Except for the first members of the board, the term of office of each director shall be four years commencing at noon on the first Monday following the first…
- § 101103 The board of directors shall be appointed as follows: (a) Two members shall be appointed by the board of supervisors. (b) Two members shall be appointed by the…
- § 101104 If the majority of the four members of the board appointed pursuant to subdivisions (a) and (b) of Section 101103 fail to appoint the fifth member of the board…
- § 101105 Within the 30 days next preceding the date of expiration of the term of any director, a successor shall be appointed to succeed the director whose term is…
- § 101106 Not later than the 10th day after the commencement of his term of office and before entering upon the discharge of his official duties, each director shall…
ARTICLE 2. First Directors §§ 101110–101111 · 2 sections
- § 101110 The appointment of the first members of the board of directors shall be made within 30 days after the date of the formation of the district. The members shall…
- § 101111 The one member of the first board appointed pursuant to subdivision (c) of Section 101103 shall hold office until noon on the first Monday following the first…
ARTICLE 3. Organization and Procedure §§ 101120–101127 · 8 sections
- § 101120 Immediately following the appointment and qualification of the first board of directors, and thereafter at the first meeting of the board following the first…
- § 101121 The chairman shall preside at all meetings of the board. He shall perform such other functions as delegated to him under this part or under any regulation…
- § 101122 In the absence of the chairman at any meeting, the vice chairman shall preside. In the event of the inability of the chairman to perform the functions of his…
- § 101123 A majority of the members of the board shall constitute a quorum for the transaction of business. The adoption of any minute order, resolution, or ordinance…
- § 101124 The acts of the board shall be expressed by minute order, resolution, or ordinance. District ordinances shall be adopted by the board in substantially the same…
- § 101125 By resolution or ordinance, the board shall prescribe the time and place of the regular meetings of the board. All meetings of the board shall be held in…
- § 101126 In any particular not otherwise provided for by this part, the board, by resolution or ordinance, may prescribe any regulation which it may deem appropriate…
- § 101127 Except as otherwise provided in Section 101304, whenever the signature of any officer or employee of the district is authorized or required under the…
ARTICLE 4. Compensation and Expenses §§ 101130–101131 · 2 sections
- § 101130 Each member of the board shall receive a per diem compensation for his services for each day, or portion thereof, in which he is in attendance at meetings of…
- § 101131 In addition to the compensation provided for in Section 101130, each member of the board shall receive reimbursement for his actual and necessary traveling…
ARTICLE 5. Vacancies §§ 101135–101136 · 2 sections
- § 101135 Any vacancy in the membership of the board shall be filled for the unexpired term of the member whose office has become vacant, and shall be made by…
- § 101136 The appointment to fill a vacancy shall be made within 30 days after the creation of the vacancy. In the event the vacancy is in the class of member provided…
ARTICLE 6. Removal From Office §§ 101140–101141 · 2 sections
ARTICLE 7. Powers and Duties of Directors §§ 101150–101154 · 5 sections
- § 101150 All matters and things necessary for the proper administration of the affairs of the district which are not provided for by this part shall be provided for by…
- § 101151 The board shall supervise and regulate every transit facility owned and operated or controlled by the district, including the fixing of rates, rentals, charges…
- § 101152 The board may either itself operate the transit system, or any part thereof, or it may contract with any other public or private agency or corporation to…
- § 101153 The board may contract with the governing body of any school district, and the governing board of any school district may contract with the board, for the…
- § 101154 The board may, from time to time, contract for or employ any professional service required by the district and may, from time to time, contract for or employ…
ARTICLE 8. Other Officers §§ 101160–101173 · 14 sections
- § 101160 Prior to the time the district has operated, controlled, or used transit facilities, or any part thereof, for the transportation of passengers under the…
- § 101161 After the district has operated, controlled, or used transit facilities, or any part thereof, for the transportation of passengers under the provisions of this…
- § 101162 All other things being equal, the board shall appoint as general manager a person who has had experience in the acquisition, construction, or management of…
- § 101163 Except as otherwise provided in this part, and subject to the policies established by the board, the general manager shall have the responsibility and the…
- § 101164 The general manager may be removed from office by resolution. Before the general manager may be removed, he shall, if he so demands, be given a written…
- § 101165 The board shall appoint a secretary and an attorney to serve as legal counsel to the district. These officers shall serve at the pleasure of the board.
- § 101166 If the moneys of the district, or any part thereof, are deposited in a depositary other than the county treasury, the board shall appoint a treasurer who shall…
- § 101167 No member of the board of directors, and no county or city officer or employee of the county or a city located within the county, shall be eligible for…
- § 101168 Within 10 days after his appointment and before entering upon the discharge of his official duties, each of the officers appointed under the provisions of this…
- § 101169 The board may consolidate any of the district offices provided for by this article.
- § 101170 The treasurer of the district, if one is appointed by the board, shall give bond for the faithful performance of his or her duties. The board may require any…
- § 101171 The secretary shall maintain and preserve a permanent written record of all of the official acts of the board as evidenced by minute order, resolution, or…
- § 101172 The board shall fix the compensation of the officers provided for in this article.
- § 101173 The premium upon any bond required under this article is a charge against the district.
CHAPTER 5. General Powers and Functions of the District §§ 101175–101208.5 · 26 sections
ARTICLE 1. Corporate Power §§ 101175–101179 · 5 sections
- § 101175 The district has perpetual succession and may adopt a seal and alter it at pleasure.
- § 101176 Except as otherwise provided by law, the district may sue and be sued in all courts and tribunals of competent jurisdiction.
- § 101177 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. In the…
- § 101178 No action in eminent domain to acquire property, or any interest therein, shall be commenced unless the legislative body of the city, as to property which is…
- § 101179 No such taking or acquisition by the district which would involve the abandonment, removal, relocation, or use of the property of a railroad corporation, as…
ARTICLE 2. Contracts §§ 101180–101181 · 2 sections
- § 101180 The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 101181 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 §§ 101190–101191 · 2 sections
- § 101190 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,…
- § 101191 Whenever the board by resolution determines that any record, map, book, or paper which has been in the possession of the district, or any officer or employee…
ARTICLE 5. Transit Facilities and Service §§ 101195–101206 · 12 sections
- § 101195 The district may acquire, construct, own, operate, control, or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and…
- § 101196 The district may, without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, rights-of-way,…
- § 101197 The district shall not interfere with, or exercise control over, any transit facilities now or hereafter owned and operated wholly or partly within the…
- § 101198 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…
- § 101199 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…
- § 101200 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…
- § 101201 The rates and charges for service furnished by the district shall be fixed by the board and shall be reasonable.
- § 101202 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…
- § 101203 Upon the filing of a request for hearing as provided for in Section 101202, the district board shall fix the time and place for hearing. The time fixed shall…
- § 101204 Prior to, or at the time fixed, for hearing, the board of supervisors, or any city council eligible to file a request for hearing, and not a party to the…
- § 101205 Within 30 days after submission of the case, the board shall render its decision and its decision shall be final.
- § 101206 The district may operate charter bus service subject to the following limitations: (a) No bus equipment which is designed solely for charter service shall be…
ARTICLE 6. Existing Systems §§ 101208.1–101208.5 · 5 sections
- § 101208.1 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…
- § 101208.2 The district shall not establish the proposed service or system, or maintain and operate the service or system, until it has completed the purchase of the…
- § 101208.3 The purchase price to be paid for the existing system, or any portion thereof to be purchased, shall be the reproduction cost new, including going concern…
- § 101208.4 The district and public utility operating the existing system may agree upon the purchase price or they may agree that the purchase price is to be established…
- § 101208.5 Section 851 shall not apply to any contract for sale or sale of an existing system, or any portion thereof, pursuant to this article, and the Public Utilities…
CHAPTER 6. General Financial Provisions §§ 101210–101260 · 30 sections
ARTICLE 1. Deposit and Withdrawal of Funds §§ 101210–101216 · 7 sections
- § 101210 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…
- § 101211 Whenever the moneys of the district, or any part thereof, are deposited in a depositary other than the county treasury, all withdrawals of funds shall be made…
- § 101212 The board may designate the county treasury as the depositary, and in such case the county treasurer shall have custody of all, or any portion, of the moneys…
- § 101213 If the county treasury is designated as the depositary, the county treasurer shall: (a) Receive and receipt for all of the district’s moneys received by him…
- § 101214 When the county treasury has been designated as the depositary, the county treasurer shall have the custody of the district’s moneys and funds, and he shall…
- § 101215 The board shall examine, settle, and allow all accounts legally chargeable against the district, and shall order checks or warrants to be drawn in payment…
- § 101216 The board may provide by resolution, under such terms and conditions as it sees fit, for the payment of demands against the district without the prior specific…
ARTICLE 2. Indebtedness §§ 101220–101223 · 4 sections
- § 101220 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…
- § 101221 The board may, within a period of two years from and after the formation of the district, pursuant to a resolution adopted by it for the purpose, borrow money…
- § 101222 The district may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions or loans from the United…
- § 101223 The authority to incur indebtedness vested in the district by the provisions of this article shall be in addition to any right vested in it to receive a…
ARTICLE 3. Investments §§ 101230–101234 · 5 sections
- § 101230 The 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,…
- § 101231 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…
- § 101232 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…
- § 101233 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…
- § 101234 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…
ARTICLE 4. Audits and Financial Report §§ 101240–101245 · 6 sections
- § 101240 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…
- § 101241 The fiscal affairs of the district shall be predicated upon a fiscal year commencing on the first day of July of each calendar year and terminating on the 30th…
- § 101242 Within 90 days from and after the close of each fiscal year, the general manager shall prepare and file with the secretary of the district a financial report…
- § 101243 A copy of the financial report shall be kept in the office of the general manager and shall be available to public inspection at all times during the regular…
- § 101244 Within 15 days after the filing of the financial report, the general manager shall publish a notice of such filing and shall state the fact of such…
- § 101245 Within 15 days after the filing of the financial report, the general manager shall transmit a copy thereof to the board of supervisors and to the city council…
ARTICLE 5. Budget §§ 101250–101256 · 7 sections
- § 101250 On or before the 30th day prior to the end of each fiscal year, the general manager shall submit to the board a proposed budget covering all of the…
- § 101251 Prior to the time the board finally adopts the budget, it shall hold a public hearing upon the proposed budget submitted by the general manager. Notice of the…
- § 101252 The date of the hearing shall be fixed by the board and shall be not later than July 1 of each year.
- § 101253 At the time and place designated in the published notice, the board shall meet and consider the proposed budget. Any resident of the district may appear and be…
- § 101254 The board may continue the hearing from day to day; provided the hearing shall be concluded not later than July 15 first following its commencement.
- § 101255 After the conclusion of the hearing, and not later than August 1st of each year, and after making any revisions of the proposed budget which it may deem…
- § 101256 A copy of the budget as finally adopted by the board shall be filed with the county auditor pursuant to Section 53901 of the Government Code.
ARTICLE 6. Services of County and City Officers § 101260 · 1 section
- § 101260 Whenever the district avails itself of the services of any officer or department of the County of Kern, or of any city within the district, in the performance…
CHAPTER 7. Taxation §§ 101265–101274 · 10 sections
- § 101265 (a) The district may cause to be levied and collected taxes for any lawful purpose, subject to a maximum limit of fifteen cents ($0.15) per one hundred dollars…
- § 101266 If, in the opinion of the board, the transit operation revenues will not be sufficient to pay for any and all lawful purposes of the district, the board shall…
- § 101267 The board shall, in addition to the general tax levy as set forth in Section 101265, levy and collect annually until the district’s bonds are paid, or until…
- § 101268 On or before the second Monday in August of each year, the county auditor shall transmit to the board a statement in writing showing the total value of all…
- § 101269 On or before the last Friday in July of each year, the board shall file with the board of supervisors and with the county auditor a statement in writing which…
- § 101270 Annually at the time of levying county taxes, the board of supervisors shall levy a tax upon all the taxable real and personal property within the district.…
- § 101271 The taxes so levied shall be collected at the same time and in the same manner as county taxes and, when collected, shall be paid into the county treasury for…
- § 101272 The performance of the acts provided for by this chapter shall constitute a valid assessment of the property within the district and a valid levy of the taxes…
- § 101273 All taxes levied under this part are a lien on the property on which they are levied and shall become a lien at the same time as county taxes. The enforcement…
- § 101274 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…
CHAPTER 8. Bonds §§ 101280–101336 · 39 sections
ARTICLE 1. Issuance §§ 101280–101298 · 19 sections
- § 101280 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…
- § 101281 The district shall not incur a total bonded indebtedness which exceeds 5 percent of the assessed value of all the taxable real and personal property within the…
- § 101282 Whenever the board, by resolution passed by vote of four-fifths of all its members, determines that the public interest or necessity demands the acquisition,…
- § 101283 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…
- § 101284 The petition may be presented to the board, and shall be executed and attested in the same manner as provided a petition for the formation of the district in…
- § 101285 Whenever any petition signed by voters within the district equal in number to at least 15 percent of the total vote cast within the district at the last…
- § 101286 Within 30 days after the receipt of the petition, the county elections official shall examine the petition and determine the number of valid signers thereof by…
- § 101287 If the county elections official certifies that the percentage of registered voters signing the petition is less than that required by Section 101284, a…
- § 101288 If the petition has been executed in the manner provided and by the required number of signers, the secretary of the district shall forthwith transmit to the…
- § 101289 Upon receiving a petition so executed by the required number of signers, the board shall provide by ordinance for the submission of the proposition of…
- § 101290 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…
- § 101291 Propositions for incurring indebtedness for more than one object or purpose, or propositions proposed by resolution or petition, may be submitted at the same…
- § 101292 The bond election may be held separately, or it may be held on the same day as any other state, county, or city election, or any election held under the…
- § 101293 If a special bond election is consolidated with any other election, the provisions of this article setting forth the procedure for the calling and holding of…
- § 101294 The board shall cause the ordinance to be published in accord with Section 6061 of the Government Code; the publication shall be made not less than 30 and not…
- § 101295 If the ordinance calling the election so provides, the election shall be conducted by the county elections official in accord with the manner of holding the…
- § 101296 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…
- § 101297 The votes of a majority of all the voters voting on the proposition at the election are required to authorize the issuance of bonds under this article.
- § 101298 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 §§ 101300–101304 · 5 sections
- § 101300 If the board has appointed a treasurer of the district pursuant to Section 101166, then the word “treasurer” as used in this chapter shall refer to such…
- § 101301 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…
- § 101302 The bonds shall be issued in such denominations as the board shall determine and shall be payable on the day and at the place or places fixed in the bonds, and…
- § 101303 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…
- § 101304 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 §§ 101310–101312 · 3 sections
- § 101310 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…
- § 101311 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…
- § 101312 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 chapter, the board…
ARTICLE 4. Refunding §§ 101315–101321 · 7 sections
- § 101315 Whenever the board, by resolution passed by a vote of four-fifths of all its members, determines that the refunding of the whole, or any portion of, the bonded…
- § 101316 The issuance of refunding bonds shall not be construed as the incurring or increase of an indebtedness within the meaning of this part, and the approval of the…
- § 101317 Except as otherwise provided, the provisions of this chapter shall substantially govern as to all matters pertaining to the issuance of refunding bonds,…
- § 101318 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…
- § 101319 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,…
- § 101320 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…
- § 101321 Whenever outstanding bonds are refunded, they shall be surrendered to the treasurer of the district, or the county treasurer, as the case may be, who shall…
ARTICLE 5. Status as Investments §§ 101325–101326 · 2 sections
- § 101325 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…
- § 101326 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. Validation § 101330 · 1 section
- § 101330 An action to determine the validity of bonds, including refunding bonds, may be brought pursuant to Chapter 9 (commencing with Section 860), Title 10, Part 2…
ARTICLE 7. Revenue Bonds §§ 101335–101336 · 2 sections
- § 101335 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…
- § 101336 The district is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300), Part 1, Division 2, Title 5 of…
CHAPTER 9. Labor Provisions §§ 101340–101348 · 9 sections
- § 101340 Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own…
- § 101341 Whenever a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by a labor…
- § 101342 In the event the board and the representatives of the employees do not agree to submit the dispute to an arbitration board as provided in Section 101341, the…
- § 101343 (a) A contract or agreement shall not be made, or assumed under this part, with any labor organization, association, or group that denies membership to, or in…
- § 101344 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…
- § 101345 Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, the…
- § 101346 The district shall not acquire any existing system or part thereof whether by purchase, lease, condemnation, or otherwise, nor shall the district dispose of or…
- § 101347 Notwithstanding the provisions of the Government Code, employees of the district may authorize and, upon such authorization, the district shall make deductions…
- § 101348 The obligation of the district to bargain in good faith with a duly designated or certified labor organization and to execute a written collective bargaining…
CHAPTER 10. Retirement §§ 101355–101359 · 5 sections
- § 101355 Subject to Sections 101356 and 101357, the board shall provide for retirement benefits for the officers and employees of the district.
- § 101356 (a) At its discretion, the board shall select one of the following plans to provide retirement benefits to officers and employees of the district: (1) By…
- § 101357 (a) The board shall determine and classify the officers and employees who shall be eligible to participate in the retirement system. However, any action by the…
- § 101358 The retirement system provided for by this chapter shall not include the members of the board.
- § 101359 As to the members of the retirement system provided for by this chapter, the board may provide for their coverage under Title II of the Federal Social Security…
CHAPTER 11. Miscellaneous Benefits §§ 101365–101366 · 2 sections
- § 101365 The board shall provide for the coverage of the officers and employees of the district under the workers’ compensation, unemployment compensation disability,…
- § 101366 Subject to such regulations and schedule of contributions of premiums as it shall determine, the board shall provide for group health and medical insurance for…
CHAPTER 12. Change of Organization §§ 101370–101372 · 3 sections
- § 101370 As used in this article the terms “change of organization” and “reorganization” shall have the meanings defined in Section 56021 and Section 56073,…
- § 101371 A change of organization or a reorganization of the district formed and existing under the provisions of this part may be effected in the manner prescribed by…
- § 101372 Notwithstanding Section 101371, from and after the completion of the organization of the district on June 29, 1972, any territory lying outside of the…