BlackletterCalifornia law

PART 16. SONOMA-MARIN AREA RAIL TRANSIT DISTRICT [105000. - 105337.]

Part 16 added by Stats. 2002, Ch. 341, Sec. 4.

§§ 105000–105337 · 123 sections

  1. CHAPTER 1. General Provisions and Definitions §§ 105000–105004 · 5 sections
    • § 105000 This part shall be known and may be cited as the Sonoma-Marin Area Rail Transit District Act.
    • § 105001 It is the intent of the Legislature in enacting this part to provide for a unified, comprehensive institutional structure for the ownership and governance of a…
    • § 105002 Unless the context otherwise requires, the provisions of this chapter govern the construction of this part.
    • § 105003 As used in this part, the following terms have the following meanings: (a) “District” means the Sonoma-Marin Area Rail Transit District. (b) “Dividing line”…
    • § 105004 The Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Part 1 (commencing with Section 56000) Division 3 of Title 5 of the Government Code),…
  2. CHAPTER 2. Formation of District §§ 105010–105012 · 3 sections
    • § 105010 There is hereby created the Sonoma-Marin Area Rail Transit District, comprising the territory lying within the boundaries of the Counties of Marin and Sonoma.
    • § 105011 Through compliance with the provisions for annexation set forth in Chapter 7 (commencing with Section 105280), the territory of all or part of any other…
    • § 105012 (a) Upon the dissolution of the Sonoma-Marin Area Rail Transit Commission and the Northwestern Pacific Railroad Authority, the district shall succeed to any or…
  3. CHAPTER 3. Government of District §§ 105020–105052 · 17 sections
    1. ARTICLE 1. Board of Directors §§ 105020–105023 · 4 sections
      • § 105020 The government of the district shall be vested in a board of directors, which shall consist of 12 members, appointed as follows: (a) Two members of the Sonoma…
      • § 105021 (a) The 12 members of the board shall serve staggered, four-year terms. (b) Within 60 days of its occurrence, any vacancy on the board shall be filled by the…
      • § 105022 The board may fix the amount of compensation to be paid to each member of the board. The compensation shall not exceed five hundred dollars ($500) in any one…
      • § 105023 In the event that new territory is annexed to the district pursuant to Chapter 7 (commencing with Section 105280), and upon the affirmative vote of a majority…
    2. ARTICLE 2. Powers and Duties of Board of Directors §§ 105030–105033 · 4 sections
      • § 105030 The board is the legislative body of the district and, consistent with the provisions of this part, shall determine all district policy.
      • § 105031 The board shall select one of its members as chairperson, and another of its members as vice chairperson, who shall serve in the absence of the chairperson.
      • § 105032 It shall be the duty of the board and it shall have the power to: (a) Own, operate, manage, and maintain a passenger and freight rail system within the…
      • § 105033 (a) The board is authorized to establish the position of chief of police. The chief of police shall be a duly sworn peace officer who shall be appointed by the…
    3. ARTICLE 3. Meetings and Legislation §§ 105040–105045 · 6 sections
      • § 105040 All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of…
      • § 105041 A majority of the board constitutes a quorum for the transaction of its business.
      • § 105042 The affirmative vote of a majority of the members of the board shall be necessary and, except as otherwise provided in this act, shall be sufficient to carry…
      • § 105043 The board shall establish rules for its proceedings and determine the place and time for its meetings.
      • § 105044 The acts of the board shall be expressed by motion, resolution, or ordinance.
      • § 105045 (a) If the district or a qualified voter initiative proposes a measure pursuant to Section 105115, the board of supervisors of the Counties of Sonoma and Marin…
    4. ARTICLE 4. Other Officers §§ 105050–105052 · 3 sections
      • § 105050 The board shall appoint a general manager for the district. The board may appoint a secretary, a chief engineer, a legal counsel, a controller, an auditor, a…
      • § 105051 The Counties of Marin and Sonoma, the Golden Gate Bridge, Highway and Transportation District, or any other public agency may render assistance to the district…
      • § 105052 The powers and duties of the general manager are: (a) To head the administrative branch of the district and to be responsible to the board for the proper…
  4. CHAPTER 4. Powers and Functions of the District §§ 105060–105126 · 27 sections
    1. ARTICLE 1. Corporate Powers §§ 105060–105062 · 3 sections
      • § 105060 The district has perpetual succession and may adopt a seal and alter it at its pleasure.
      • § 105061 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.
      • § 105062 All claims for money or damages against the district are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as…
    2. ARTICLE 2. Contracts §§ 105070–105076 · 7 sections
      • § 105070 The district may make contracts and enter into stipulations of any nature whatsoever, employ labor, and do all acts necessary and convenient for the full…
      • § 105071 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…
      • § 105072 The district may insure against any accident or destruction of the rail transit system or any part thereof. The district may insure against loss of revenues…
      • § 105073 The district may contract for the services of independent contractors.
      • § 105074 For purposes of entering into design-build contracts, the district is a “transit operator” within the meaning of Article 6.8 (commencing with Section 20209.5)…
      • § 105075 The district is a local agency for purposes of the Natural Disaster Assistance Act, Chapter 7.5 (commencing with Section 8680) of Division 1 of Title 2 of the…
      • § 105076 The district shall be considered the succeeding agency to the “Sonoma-Marin Area Rail Transit Authority” for the purpose of receiving funds available under…
    3. ARTICLE 3. Property §§ 105085–105088 · 4 sections
      • § 105085 The district may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real…
      • § 105086 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 act. The…
      • § 105087 (a) The district may take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within…
      • § 105088 (a) Upon receiving the Great Redwood Trail Agency’s rights, privileges, and interests relating to the agency’s rail right-of-way south of the dividing line…
    4. ARTICLE 4. Rail Transit Facilities and Service §§ 105095–105104 · 10 sections
      • § 105095 The district may provide a rail transit system for the transportation of passengers and their incidental baggage by rail and provision of freight service by…
      • § 105096 (a) The district may acquire, construct, own, operate, control, or use rights-of-way, rail lines, stations, platforms, switches, yards, terminals, parking…
      • § 105097 The district may lease or contract for the use of its rail transit facilities, or any portion thereof, to any operator, and may provide for subleases by the…
      • § 105098 Except as otherwise provided in Section 105143, the board may contract with any public agency or person to provide rail transit facilities and services for the…
      • § 105099 The district may construct and operate or acquire and operate rail transit works and facilities in, under, upon, over, across, or along any state or public…
      • § 105100 Except as otherwise provided in Section 105087, the provisions of Article 5 (commencing with Section 53090) of Chapter 1 of Part 1 of Division 2 of Title 5 of…
      • § 105101 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…
      • § 105102 The district may, without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, grants, loans,…
      • § 105103 The rates and charges for rail transit service furnished pursuant to this part shall be fixed by the board and shall be reasonable.
      • § 105104 The district shall work with the Federal Railroad Administration and any of its successor agencies to achieve safe, efficient, and compatible operations of…
    5. ARTICLE 5. Taxation § 105115 · 1 section
      • § 105115 (a) Upon the affirmative vote of a majority of the directors, which shall include an affirmative vote of at least three directors from each county within the…
    6. ARTICLE 6. Investments and Deposits §§ 105125–105126 · 2 sections
      • § 105125 The district’s investment of any surplus money in its treasury, including money in any sinking fund, shall be in accordance with Article 1 (commencing with…
      • § 105126 The district’s deposit of district money shall be in accordance with Article 2 (commencing with Section 53630) of Chapter 4 of Part 1 of Division 2 of the…
  5. CHAPTER 5. Personnel §§ 105140–105181 · 16 sections
    1. ARTICLE 1. Employee Relations §§ 105140–105143 · 4 sections
      • § 105140 Except as otherwise provided in this article and in Article 2 (commencing with Section 105150), the determination of questions concerning employee…
      • § 105141 Except as otherwise provided in Article 2 (commencing with Section 105150), whenever a majority of the employees employed by the district in a unit appropriate…
      • § 105142 (a) If, after a reasonable period of time, representatives of the district and the accredited representatives of the employees fail to reach agreement either…
      • § 105143 The district may contract for management services with any public agency or person and may contract for operations and maintenance services with the district…
    2. ARTICLE 2. Transfer of Collective Bargaining Rights §§ 105150–105155 · 6 sections
      • § 105150 The Legislature hereby finds and declares that the creation of the district may adversely affect the collective bargaining rights, wages, benefits, and…
      • § 105151 Notwithstanding the provisions of Article 1 (commencing with Section 105140), in order to protect and preserve the collective bargaining rights of employees of…
      • § 105152 For a period of four years, commencing with the district’s decision to commence rail service as provided in Section 105151, or until the expiration of the…
      • § 105153 The district shall recognize and bargain with, as the accredited representative of the employees within the collective bargaining units set forth in Section…
      • § 105154 Employees of the district organized pursuant to Part 3 (commencing with Section 27000) of Division 16 of the Streets and Highways Code who transfer to the…
      • § 105155 To facilitate implementation of the employee rights enumerated in this section, the district and the district organized pursuant to Part 3 (commencing with…
    3. ARTICLE 3. Rights of Employees of Existing Facilities §§ 105160–105161 · 2 sections
      • § 105160 (a) Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings by eminent domain or otherwise, to the…
      • § 105161 Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, that has a…
    4. ARTICLE 4. Retirement System §§ 105170–105172 · 3 sections
      • § 105170 The adoption, terms, and conditions of any retirement system covering employees of the district in a bargaining unit represented by a labor organization shall…
      • § 105171 The board may contract with the Board of Administration of the Public Employees’ Retirement System or with a retirement system maintained pursuant to the…
      • § 105172 All persons receiving pension benefits from an acquired public utility, and all persons entitled to pension benefits under any pension plan of the acquired…
    5. ARTICLE 5. Other Benefits § 105181 · 1 section
      • § 105181 The district shall obtain coverage for the district and its employees under the appropriate federal and state workers’ compensation, unemployment compensation,…
  6. CHAPTER 6. Bonds and Other Evidence of Indebtedness §§ 105200–105262 · 27 sections
    1. ARTICLE 1. Authorization and Issuance of General Obligation Bonds §§ 105200–105213 · 14 sections
      • § 105200 Whenever the board deems it necessary for the district to incur a bonded indebtedness for the acquisition or improvement of real property authorized by this…
      • § 105201 Notice of holding of the election shall be given by publishing, pursuant to Section 6066 of the Government Code, the ordinance calling the election in at least…
      • § 105202 If any proposition is defeated by the electors, the board shall not call another election on a substantially similar proposition to be held within six months…
      • § 105203 If two-thirds of the electors voting on the proposition vote for it, then the board may, by resolution, at the time or times it deems proper, issue bonds of…
      • § 105204 The bonds shall bear interest at a rate or rates not exceeding 7 percent per annum, payable semiannually, except that the first interest payable on the bonds…
      • § 105205 The bonds may be sold as the board determines by resolution but for not less than par. Before selling the bonds or any part thereof, the board shall give…
      • § 105206 Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.
      • § 105207 All accrued interest and premiums 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…
      • § 105208 After the expiration of three years after a bond election the board may determine, by ordinance adopted by a vote of two-thirds of all the members of the…
      • § 105209 Whenever the board deems that the expenditure of money for the purposes for which the bonds were authorized by the voters is impractical or unwise, it may, by…
      • § 105210 The board may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the district upon the terms, at the times,…
      • § 105211 The provisions of Article 4 (commencing with Section 53500) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code are applicable to the…
      • § 105212 Any bonds that are issued under the provisions of this article shall be legal investment for all trust funds; for the funds of insurance companies, banks, both…
      • § 105213 The board may enter into any covenants deemed proper to provide for issuance of additional parity bonds and the priority and pledge of special taxes; and any…
    2. ARTICLE 2. Revenue Bonds §§ 105220–105221 · 2 sections
      • § 105220 The district may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by the district, in the manner provided by the…
      • § 105221 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…
    3. ARTICLE 3. Equipment Trust Certificates §§ 105230–105233 · 4 sections
      • § 105230 The district shall have power to purchase rail transit equipment such as cars or rolling equipment; and may execute agreements, leases, and equipment trust…
      • § 105231 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 authorized…
      • § 105232 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…
      • § 105233 The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the provisions of any…
    4. ARTICLE 4. Improvement Acts and Special Benefit Districts §§ 105240–105241 · 2 sections
      • § 105240 The Improvement Act of 1911 (Part 1 (commencing with Section 5000) of Division 7 of the Streets and Highways Code), the Municipal Improvement Act of 1913…
      • § 105241 The provisions of Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 of the Public Utilities Code are applicable to the district.
    5. ARTICLE 5. Temporary Borrowing §§ 105250–105251 · 2 sections
      • § 105250 The district may borrow money in accordance with the provisions of Article 7 (commencing with Section 53820), or of Article 7.6 (commencing with Section 53850)…
      • § 105251 The district may borrow money in anticipation of the sale of bonds that have been authorized to be issued, but have not been sold and delivered, and may issue…
    6. ARTICLE 6. Miscellaneous §§ 105260–105262 · 3 sections
      • § 105260 The district may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of…
      • § 105261 All bonds and other evidences of indebtedness issued by the district under the provisions of this part, and the interest thereon, are free and exempt from all…
      • § 105262 Notwithstanding any other provisions of this part or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the…
  7. CHAPTER 7. Annexation §§ 105280–105288 · 9 sections
    • § 105280 Territory may be annexed to the district in the manner provided in this chapter.
    • § 105281 A county contiguous to the district may, by majority vote of the board of supervisors of that county, petition the district to annex all or part of the…
    • § 105282 If annexation is proposed pursuant to Section 105281, the board shall determine whether the additional territory proposed to be annexed will be benefited by…
    • § 105283 The board of supervisors of the county in which the territory to be annexed is situated shall agree in writing with the board of directors of the district upon…
    • § 105284 The resolution shall: (a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate name. (c)…
    • § 105285 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…
    • § 105286 On the day fixed for hearing or on any day to which the hearing is adjourned, the board shall hear and consider any objections presented to the annexation of…
    • § 105287 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…
    • § 105288 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…
  8. CHAPTER 8. Service Zones §§ 105300–105310 · 11 sections
    • § 105300 One or more service zones to provide different levels of service, to provide different facilities or other improvements, or to raise additional revenues within…
    • § 105301 (a) Proceedings for the creation of a service zone may be initiated by resolution of the legislative body or bodies of the city or cities proposed to be…
    • § 105302 (a) As an alternative to the initiation of proceedings for the formation of a service zone by resolution or resolutions, a petition may be filed with the…
    • § 105303 The secretary of the district shall compare the signatures in the petition with the affidavits of registration on file with the county election official. The…
    • § 105304 (a) Within 30 days after receipt of the resolution or resolutions of the legislative body or bodies or receipt of the certification of the sufficiency of a…
    • § 105305 The board may change the boundaries of a service zone or dissolve a zone by following the procedures in Section 105301.
    • § 105306 A local agency formation commission shall have no power or duty to review and approve or disapprove a proposal to create a service zone, a proposal to change…
    • § 105307 As determined by the board, a service zone may provide any service at any level within its boundaries that the district may provide.
    • § 105308 As determined by the board and pursuant to the requirements of this part, a service zone may exercise any fiscal powers within its boundaries that the district…
    • § 105309 Any taxes, special taxes, assessments, or fees which are intended solely for the support of services within a zone shall be levied, assessed, and collected…
    • § 105310 To assist in the operation of a service zone, the board may appoint one or more advisory groups composed of persons who reside in or own property in the zone.
  9. CHAPTER 9. Dissolution §§ 105330–105337 · 8 sections
    • § 105330 If the district operates no rail transit facilities, the board may call an election at any time for the purpose of submitting to the voters of the district the…
    • § 105331 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 within 60…
    • § 105332 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…
    • § 105333 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,…
    • § 105334 The board shall canvass the vote. If a majority of the votes favor dissolution, the board shall by resolution dissolve the district.
    • § 105335 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 of the Counties of…
    • § 105336 Upon dissolution, the right, title, and interest to any property owned or controlled by the district that was acquired by the district from the Golden Gate…
    • § 105337 The board shall wind up the affairs of the district.