PART 2. SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT [28500. - 29757.]
Part 2 added by Stats. 1957, Ch. 1056.
§§ 28500–29757 · 361 sections
CHAPTER 1. General Provisions and Definitions §§ 28500–28509 · 11 sections
- § 28500 This part is known and may be cited as the “San Francisco Bay Area Rapid Transit District Act.”
- § 28501 This part is in furtherance of the declared policy of the State to stimulate the maximum use of the harbor in San Francisco Bay in order to foster and develop…
- § 28502 The part shall be liberally construed to carry out the objects and purposes and the declared policy of the State of California as in this part set forth.
- § 28502.1 Unless the context otherwise requires, the provisions of this chapter govern the construction of this part.
- § 28503 “District” as used in this part, means the San Francisco Bay Area Rapid Transit District.
- § 28504 “San Francisco Bay area,” as used in this part, means the Counties of San Francisco, Marin, Sonoma, Napa, Solano, Contra Costa, Alameda, Santa Clara and San…
- § 28505 “Rapid transit,” as used in this part, means the transportation of passengers and their incidental baggage by any means.
- § 28506 For the purpose of establishing the bonded debt limit of the district, “taxable property,” as used in this part, shall not include solvent credits.
- § 28507 “Board of supervisors,” as used in this part, means the board of supervisors of a county in the San Francisco Bay area.
- § 28508 “Board of directors,” “board,” or “directors,” as used in this part, means the board of directors of the district.
- § 28509 “Public agency,” as used in this part, includes the State of California, and any county, city and county, city, district, or other political subdivision or…
CHAPTER 2. Creation of District §§ 28600–28602 · 3 sections
- § 28600 There is hereby created the San Francisco Bay Area Rapid Transit District, comprising the territory lying within the boundaries of the Counties of Alameda,…
- § 28601 Through compliance with the provisions for withdrawal set forth in Chapter 10 of this part, the territory of any of the Counties of Alameda, Contra Costa,…
- § 28602 Through compliance with the provisions for annexation set forth in Chapter 9 of this part, the territory of all or any of the Counties of Napa, Santa Clara,…
CHAPTER 3. Government of District §§ 28745–28845 · 76 sections
ARTICLE 2.2. District Board of Directors §§ 28745–28748.8 · 18 sections
- § 28745 On and after November 29, 1974, the governing body of the district shall be a board of directors consisting of nine members elected by election districts,…
- § 28745.4 The board, in dividing the district into election districts, shall establish and define the boundaries of the nine election districts within the territory of…
- § 28745.6 In establishing the election districts, consideration shall be given to the following factors: (a) Community of interest of the population within an election…
- § 28745.8 The establishment of election districts shall be made on the basis of the population in the district as shown or estimated from the most recent of any of the…
- § 28746 The resolution establishing the election districts shall describe the boundaries of the election districts by reference to a map or maps on file with the…
- § 28746.2 All cities, counties, and cities and counties within the district shall provide such information, services, and facilities as may be required in apportioning…
- § 28746.4 Until the election and qualification of the first elected board, the members of the board in office on January 1, 1974, shall remain in office, shall receive…
- § 28746.6 A general district election for the election of directors whose terms are to expire in that year shall be held and conducted on the first Tuesday after the…
- § 28746.8 Except as otherwise provided in this article, candidates for the board shall be nominated, the election held and conducted, and the ballots canvassed in…
- § 28747 Each candidate for the board shall file a declaration of candidacy in the form and manner prescribed in the Uniform District Election Law (Part 4 (commencing…
- § 28747.2 A candidate for election from any of the election districts shall be nominated and elected by the voters residing within the election district from which he is…
- § 28747.4 The county elections official of each county within the boundaries of the district shall conduct the election and canvass the returns for those election…
- § 28747.6 Members of the board shall be residents and voters of the district and of the geographical area making up the election district from which they are elected.…
- § 28747.8 The candidate from each election district receiving the highest number of votes cast for the board in that election district shall be declared elected.
- § 28748 If a tie vote makes it impossible to determine which of two or more candidates has been elected, the existing board shall resolve the tie by lot and declare…
- § 28748.2 Each member of the first elected board shall take office at noon on November 29, 1974. The term of office of the elected directors shall be four years, except…
- § 28748.4 Until November 29, 1974, any vacancy on the board shall be filled for the remainder of the unexpired term in the same manner as the vacating member was…
- § 28748.8 (a) The board may by ordinance or resolution provide that each director shall be paid a sum that shall not exceed one thousand dollars ($1,000) for each…
ARTICLE 2.4. Redistricting of Election Districts §§ 28750–28750.8 · 5 sections
- § 28750 Following each federal decennial census and using the census as a basis, the board shall, by resolution, adjust the boundaries of the election districts so…
- § 28750.2 The boundaries of the election districts shall be adjusted by the board before November 1 of the year next succeeding the year in which each federal decennial…
- § 28750.4 The resolution reestablishing the election districts shall describe the new boundaries of the election districts by reference to a map or maps on file with the…
- § 28750.6 If, at any time between each federal decennial census, the district annexes territory, pursuant to Chapter 9 (commencing with Section 29500), the board, within…
- § 28750.8 (a) The term of office of any director who has been elected and whose term of office has not expired shall not be affected by any change in the boundaries of…
ARTICLE 2.6. Board Selection Election §§ 28752–28752.8 · 5 sections
- § 28752 Not later than January 31, 1974, the board of supervisors of any county included within the district may adopt a resolution declaring that, in its judgment,…
- § 28752.2 (a) If the boards of supervisors of two or more counties included within the district adopt resolutions pursuant to Section 28752, the board of directors shall…
- § 28752.4 If a majority of the votes cast in the district on the proposition are in favor of the proposition, the members of the board of directors from that county…
- § 28752.6 If a majority of the votes cast in the district on the proposition are not in favor of the proposition, the members of the board of directors shall be…
- § 28752.8 The results of the election shall be entered into the minutes of the board of directors.
ARTICLE 3. Powers and Duties of Directors §§ 28760–28774 · 19 sections
- § 28760 Each director, before entering upon the duties of his office, shall take the oath of office as provided for in the Constitution and laws of this State. A copy…
- § 28761 The board shall choose one of its members president, and another vice president, who shall be authorized to act for the president during his absence or…
- § 28762 The board of directors is the legislative body of the district and, consistent with the provisions of this part, shall determine all questions of district…
- § 28763 The district may do any and all things necessary to carry out the purposes of this part.
- § 28764 The board shall determine what transit facilities should be acquired or constructed, and may establish zones within the district to undertake the acquisition…
- § 28765 The board may determine what transit facilities should be acquired or constructed: (a) For the common benefit of the district as a whole; or (b) For the…
- § 28766 The board shall supervise and regulate every transit facility owned and operated by the district, including the fixing of rates, rentals, charges, and…
- § 28767 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…
- § 28767.3 Not later than October 12, 1974, the board shall adopt an affirmative action program approved by the Office of Federal Contract Compliance of the Department of…
- § 28767.5 The district is authorized to maintain a police department. The employees of the district that are appointed as members of such department by the general…
- § 28767.8 (a) The board may establish an office of independent police auditor, reporting directly to the board, to investigate complaints against district police…
- § 28768 The board of directors may contract for or employ any professional services required by the district or for the performance of work or services for the…
- § 28769 The board shall have an annual audit made of all books and accounts of the district by an independent certified public accountant or public accountant.
- § 28769.5 The board shall operate an automated management information system to enable it to submit a report monthly to the Metropolitan Transportation Commission and…
- § 28770 As soon as practicable after the close of each fiscal year the board of directors shall submit to the chief administrative officer and legislative bodies of…
- § 28771 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…
- § 28772 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.…
- § 28773 The board of directors may hold public hearings, subpoena witnesses, and perform all other acts necessary to properly carry out its duties. The board may…
- § 28774 Each director may administer oaths and affirmations in any district investigation or proceeding.
ARTICLE 4. Meetings and Legislation §§ 28790–28796 · 7 sections
- § 28790 All meetings of the board of directors, whether regular or special, shall be open to the public.
- § 28791 A majority of the board of directors shall constitute a quorum for the transaction of its business.
- § 28792 The board of directors shall adopt rules to govern its proceedings.
- § 28793 The acts of the board shall be expressed by motion, resolution, or ordinance. No ordinance shall be passed by the board on the day of its introduction, nor…
- § 28794 All ordinances shall be published after passage.
- § 28795 The enacting clause of all ordinances shall be as follows: “Be it enacted by the Board of Directors of the San Francisco Bay Area Rapid Transit District:”
- § 28796 All ordinances shall be signed by the president or the vice president of the board, and attested by the secretary.
ARTICLE 5. Officers §§ 28810–28818 · 9 sections
- § 28810 (a) The officers of the district shall consist of the following: (1) The members of the board of directors. (2) A president and a vice president of the board,…
- § 28811 (a) The secretary, general manager, and general counsel shall be appointed by and may be removed by the affirmative votes of a majority of the members of the…
- § 28812 The compensation of all district officers and employees, except as otherwise provided in this part, shall be fixed by ordinance or resolution of the directors.
- § 28813 The board may consolidate any of the district offices in one person.
- § 28814 The oath of office of all officers appointed by the board of directors or by the general manager of the district shall be taken, subscribed, and filed with the…
- § 28815 Each officer shall give such bond and in such amount as the board may require.
- § 28816 Article 4 (commencing at Section 1090), Chapter 1, Division 4, Title 1, of the Government Code shall apply to all officers and contracts of the district.
- § 28817 The chief financial officer shall be the custodian of the funds of the district and shall make payments only upon warrants duly and regularly signed by the…
- § 28818 (a) With the consent of the general manager, who shall seek consent from the board when deemed necessary, the chief financial officer may: (1) Authorize any…
ARTICLE 6. General Manager §§ 28830–28836 · 7 sections
- § 28830 The board shall appoint and fix the salary of a general manager, who shall have charge, subject to the direction and control of the board, of the acquisition,…
- § 28831 All other things being equal, the general manager shall be chosen on the basis of his qualifications with special reference to his actual experience in or his…
- § 28832 The general manager need not be a resident of this State at the time of his appointment.
- § 28833 The general manager shall hold office for an indefinite term and may be removed by the board only upon the adoption of a resolution by the affirmative vote of…
- § 28834 The powers and duties of the general manager are: (a) To have charge, subject to the direction and control of the board, of the acquisition, construction,…
- § 28835 The general manager shall attend meetings of the board as directed by the board.
- § 28836 The directors may appoint a general manager pro tempore during any absence or disability of the general manager.
ARTICLE 7. The Office of the BART Inspector General §§ 28840–28845 · 6 sections
- § 28840 (a) There is hereby created in the district an independent Office of the BART Inspector General to ensure that the district makes effective use of bridge toll…
- § 28841 The duties and responsibilities of the BART Inspector General shall include, but are not limited to, all of the following: (a) To examine the operating…
- § 28842 The Office of the BART Inspector General shall receive one million dollars ($1,000,000) from an allocation of bridge toll revenue from the Bay Area Toll…
- § 28843 The BART Inspector General shall report at least annually to the board of directors and the Legislature with a summary of his or her findings, investigations,…
- § 28844 Any investigatory file compiled by the BART Inspector General is an investigatory file compiled by a local law enforcement agency subject to disclosure…
- § 28845 This article shall become operative upon an affirmative vote of the residents of the City and County of San Francisco and the Counties of Alameda, Contra…
CHAPTER 4. Labor Provisions §§ 28848–28863 · 16 sections
- § 28848 As used in this chapter, the following definitions apply: (a) “District” means the San Francisco Bay Area Rapid Transit District, including all operations and…
- § 28849 (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…
- § 28850 (a) If a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by an employee…
- § 28851 If there is a question whether an employee organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters…
- § 28852 Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, to…
- § 28853 Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings in eminent domain or otherwise,…
- § 28854 The persons entitled to pension benefits as provided for in Section 28853 and the benefits which are provided shall be specified in the agreement or order by…
- § 28855 All persons receiving pension benefits from such acquired public utility and all persons entitled to pension benefits under the pension plan of such acquired…
- § 28856 (a) Exclusive representatives shall have the right to represent their bargaining unit members in employer-employee relations with the district, and employees…
- § 28857 The district shall give reasonable written notice to an exclusive representative of its intent to make any change to matters within the scope of representation…
- § 28858 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…
- § 28859 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…
- § 28860 (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…
- § 28861 (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,…
- § 28862 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…
- § 28863 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 §§ 28870–28913 · 17 sections
ARTICLE 1. Establishment §§ 28870–28875 · 6 sections
- § 28870 The board may establish a retirement system for the officers and employees of the district and provide for the payment of annuities, pensions, retirement…
- § 28871 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…
- § 28872 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…
- § 28873 The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the…
- § 28874 Nothing in this chapter prevents the district from participating in and making all or part of its employees members of the State Employees’ Retirement System…
- § 28875 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 §§ 28890–28896 · 7 sections
- § 28890 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…
- § 28891 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…
- § 28892 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…
- § 28893 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…
- § 28894 Liabilities accruing under the retirement system because of benefits other than such as are the equivalent of contributions by the members, with accumulated…
- § 28895 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…
- § 28896 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 §§ 28910–28913 · 4 sections
- § 28910 The board shall create a retirement board of not more than five members, at least two members of which shall be the elected representatives of the employees,…
- § 28911 All members of the retirement board shall serve without pay.
- § 28912 The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole…
- § 28913 If the district maintains its own retirement fund the retirement board shall have exclusive control of the administration, investment, and disbursement of such…
CHAPTER 6. Powers and Functions of District §§ 28950–29103 · 55 sections
ARTICLE 1. Corporate Power §§ 28950–28959 · 9 sections
- § 28950 The district has perpetual succession and may adopt a seal and alter it at pleasure.
- § 28951 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.
- § 28952 The district may levy, and collect or cause to be collected, taxes for any lawful purpose, as provided in Chapter 7 of this part.
- § 28953 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…
- § 28955 The Public Utilities Commission of the State shall have and exercise power and jurisdiction to fix just compensation to be paid for the taking of any property…
- § 28956 The district is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to the State or any agency or…
- § 28957 The district may be merged into or consolidated with any other public agency which may be established by law upon such terms as the board of directors shall…
- § 28958 The board may authorize the temporary transfer of cash balances in any fund (except moneys in any fund which the district is required to set aside for the…
- § 28959 Notwithstanding Sections 53090 and 53091 of the Government Code, commercial outdoor advertising signs located on property of the San Francisco Bay Area Rapid…
ARTICLE 2. Contracts §§ 28970–28975 · 5 sections
- § 28970 The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 28971 The district may contract with any department or agency of the United States of America or of the State of California or with any public or private corporation…
- § 28973 The district may insure against any accident to or destruction of the system or any part thereof.
- § 28974 The district may insure against loss of revenues from any cause whatsoever.
- § 28975 The district may insure against public liability or property damage, or both. It may provide in the proceedings authorizing the issuance of any bonds for the…
ARTICLE 4. Property §§ 29010–29011 · 12 sections
- § 29010 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,…
- § 29010.1 (a) For purposes of this article, the following definitions shall apply: (1) “BART TOD place type” means the place type described in Table 1 and Figure 1 of…
- § 29010.3 (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…
- § 29010.5 Notwithstanding Sections 53091 and 53094 of the Government Code, nor any zoning override which may have been previously exercised pursuant thereto by a school…
- § 29010.6 (a) (1) Notwithstanding any other law, the San Francisco Bay Area Rapid Transit District (BART) board of directors shall, consistent with Section 28793, adopt…
- § 29010.7 (a) (1) This section shall only apply to an eligible TOD project that meets both of the following requirements: (A) Has a height less than or equal to one…
- § 29010.8 (a) The district shall do all of the following to avoid the loss of affordable housing units and to prevent the direct displacement of tenants: (1) Require…
- § 29010.9 (a) Notwithstanding Section 65913.4 of the Government Code, a local jurisdiction may exercise full design review and conditional use permitting authority over…
- § 29010.10 (a) When the district enters into an exclusive negotiating agreement with a developer for the development of an eligible TOD project, that agreement shall…
- § 29010.11 (a) Before July 1, 2027, the district shall submit a report to the Legislature assessing whether the provisions of this chapter effectively accelerate, and…
- § 29010.12 (a) This article shall not apply to a district station without unentitled or undeveloped land on July 1, 2018, unless that station entitlement expires. For…
- § 29011 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. Rapid Transit Facilities and Service §§ 29030–29047 · 22 sections
- § 29030 The district may provide a rapid transit system for the transportation of passengers and their incidental baggage.
- § 29031 The district may acquire, construct, own, operate, control, or use rights-of-way, rail lines, bus lines, stations, platforms, switches, yards, terminals,…
- § 29032 The district may lease or contract for the use of its facilities, or any portion thereof, to any operator, and may provide for subleases by such operator upon…
- § 29033 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…
- § 29034 The district may enter into agreements for the joint use of any property and rights by the district and any public agency or public utility operating transit…
- § 29034.5 (a) The district may approve annexation of areas to the district pursuant to Chapter 9 (commencing with Section 29500) or other forms of affiliation; however,…
- § 29034.6 (a) Not later than 1991, the district shall proceed to commence construction of an extension of its facilities to West Pittsburg, or to a point east of that…
- § 29034.7 (a) Not later than December 31, 1991, the district shall proceed to commence construction of an extension of its facilities to Dublin if an agreement is then…
- § 29035 The district may operate such feeder bus lines and other feeder services as necessary.
- § 29035.5 Metropolitan Transportation Commission Resolution 3434, in December 2001, established the following Regional Transit Expansion Program for the San Francisco…
- § 29036 The board of directors shall refer for recommendation the plans of routes, rights of way, terminals, stations, yards and related facilities and improvements to…
- § 29037 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…
- § 29038 The rates and charges for service furnished pursuant to this part shall be fixed by a two-thirds vote of the board and shall be reasonable. Insofar as…
- § 29039 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…
- § 29040 Upon the filing of a request for hearing as provided in Section 29039 the district board shall fix the time and place for hearing. The time fixed shall not be…
- § 29041 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…
- § 29042 The district, petitioner or petitioners, and the intervenors shall have the right to call and examine witnesses; to introduce exhibits; to cross-examine…
- § 29043 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.…
- § 29044 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…
- § 29045 Within thirty (30) days after submission of the case the board shall render its decision in writing together with written findings of fact. Copies of the…
- § 29046 Within forty (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…
- § 29047 The district shall be subject to regulations of the Public Utilities Commission relating to safety appliances and procedures, and the commission shall inspect…
ARTICLE 6. Claims § 29060 · 1 section
- § 29060 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…
ARTICLE 7. Indebtedness §§ 29080–29081 · 2 sections
- § 29080 The district may accept, subject to the procedures and limitations provided in Chapter 8 of this part, contributions or loans from the United States, or any…
- § 29081 The district may cooperate with and enter into agreements with the State of California or any public agency for the acquisition, construction, completion,…
ARTICLE 8. Investments §§ 29100–29103 · 4 sections
- § 29100 Subject to any agreement or covenant between the district and the holders of any of its obligations limiting or restricting classes of investments, the…
- § 29101 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…
- § 29102 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,…
- § 29103 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…
CHAPTER 7. Taxation §§ 29120–29143 · 22 sections
ARTICLE 1. Property Taxation §§ 29120–29131 · 13 sections
- § 29120 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,…
- § 29121 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 general…
- § 29122 The taxes required to be levied and collected on account of interest, principal, and sinking fund of general obligation bonds of the district shall be in…
- § 29123 The tax rate for taxes levied in any fiscal year for all district purposes other than taxes levied pursuant to Section 29121, shall not exceed five cents…
- § 29124 All assessments shall be made for the district by the State Board of Equalization and the county assessors, and all taxes shall be collected for the district…
- § 29125 Each 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 value of all…
- § 29126 The board shall, on or before the first weekday in September, or if such weekday falls upon a holiday then on the first business day thereafter, fix the rate…
- § 29126.1 If in the determination of any tax rate a fraction of a cent occurs, the board may adopt a rate ending in the next higher tenth of one cent ($0.001). An excess…
- § 29127 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…
- § 29128 The district’s taxes levied pursuant to this article shall be collected at the same time and in the same manner as county taxes. When collected, the net…
- § 29129 Whenever any real property situate in any district which has availed itself of the provisions of Section 29124 has been sold for taxes and has been redeemed,…
- § 29130 The compensation to be charged by and paid to any county for the performance of services under this chapter shall be fixed by agreement between the board of…
- § 29131 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…
ARTICLE 2. Retail Transactions and Use Tax §§ 29140–29143 · 9 sections
- § 29140 (a) The board shall, by ordinance, impose transactions and use taxes in conformity with Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue…
- § 29141 Any transactions and use taxes ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more…
- § 29142 (a) Revenues derived from the transactions and use taxes, not to exceed an aggregate principal amount of one hundred fifty million dollars ($150,000,000), plus…
- § 29142.2 Notwithstanding Section 7271 of the Revenue and Taxation Code, after deduction for the cost of the State Board of Equalization in administering the…
- § 29142.4 No funds shall be allocated to an entity pursuant to Section 29142.2, after January 1, 1978, unless, as determined by the Metropolitan Transportation…
- § 29142.5 On and after July 1, 1984, for purposes of meeting the requirement of subdivision (b) of Section 29142.4, the Metropolitan Transportation Commission may…
- § 29142.6 Upon determination by the Metropolitan Transportation Commission that an operator has met the conditions specified in Section 29142.4, the commission shall…
- § 29142.8 (a) Any portion of the transactions and use tax revenues available for allocation and not allocated by the Metropolitan Transportation Commission shall be…
- § 29143 (a) The district is hereby authorized to issue revenue bonds, payable, in whole or in part, from revenues made available under this article. Those revenues are…
CHAPTER 8. Bonds and Other Evidences of Indebtedness §§ 29150–29293 · 80 sections
ARTICLE 1. Authorization of General Obligation Bonds §§ 29150–29168 · 20 sections
- § 29150 The district may borrow money, incur a bonded indebtedness in respect thereto, and levy taxes for the payment of principal and interest thereon, in the manner…
- § 29151 Before submitting a proposal to incur any bonded indebtedness, the district shall employ such engineers, economists, fiscal experts and others as is necessary…
- § 29152 Such engineers, economists, fiscal experts and others shall make reports to the district, which shall include: (a) A general description of the facilities to…
- § 29153 After receiving such reports, the board shall determine and declare by resolution whether or not the proposed plan of work is feasible and whether or not the…
- § 29154 After adoption by the board of the reports made pursuant to Section 29152 the board shall refer such reports to the boards of supervisors of the counties…
- § 29155 After receiving the reports, each board of supervisors shall fix a time and place for a public hearing to consider the reports. The time fixed for the hearing…
- § 29156 Within 15 days from the date of the public hearing held pursuant to Section 29155, each board of supervisors shall, by a resolution adopted by a majority vote…
- § 29157 If a majority of any board of supervisors does not approve the reports, the district may make additional studies and changes and may refer the amended reports…
- § 29157.1 Whenever it appears to the board that bonded indebtedness heretofore authorized pursuant to the provisions of this article is insufficient to cover all costs…
- § 29158 When the district has received unanimous approval from the boards of supervisors of the counties comprising the district pursuant to Section 29156 of this…
- § 29159 The resolution calling the special election shall contain: (a) A statement of the general object and purpose of incurring the indebtedness. (b) Statement of…
- § 29160 The provisions of Section 37.5 of Chapter 1239 of the Statutes of 1949, the San Francisco Bay Area Metropolitan Rapid Transit District Act, relating to the…
- § 29161 Any election submitting the proposition of incurring indebtedness and the issuance of bonds called pursuant to this part, may be held separately, or may be…
- § 29162 Whenever a special bond election is called pursuant to this part and is not consolidated with any other election the board shall in its resolution calling such…
- § 29163 Notice of a special bond election shall be given by publication of the text of the resolution calling the election and except as provided below the text…
- § 29164 All the expenses of holding the election shall be borne by the district, except when the election is consolidated with another election pursuant to Part 3…
- § 29165 No error, irregularity or omission in the calling, holding or conducting of any special bond election which does not affect the substantial rights of the…
- § 29166 (a) The returns of the election shall be made and the votes shall be canvassed by the county elections official in each county contained in the district,…
- § 29167 At any special bond election called pursuant to this part, all residents of the district who are qualified electors possessing the qualifications prescribed by…
- § 29168 At any special bond election two or more propositions for incurring indebtedness may be submitted at the same election in which event the votes cast for and…
ARTICLE 2. Form and Terms of General Obligation Bonds §§ 29169–29184 · 16 sections
- § 29169 Whenever three-fifths of the votes cast at any special bond election or on any proposition submitted thereat are in favor of incurring the indebtedness set…
- § 29170 Bonds may be issued in form payable to bearer, with coupons attached for payment of interest and, if so issued, may be made subject to registration. Bonds…
- § 29171 Coupon bonds may be issued in denominations of one thousand dollars ($1,000), or multiples thereof, as the district may determine. Coupon bonds of different…
- § 29172 Registered bonds may be issued without limitation as to principal amount, as may be determined by the district, except that registered bonds shall be in…
- § 29173 Bonds shall bear interest at a rate of not to exceed 8 percent per annum, payable semiannually, except that interest for the first year or any fraction thereof…
- § 29174 The district may provide for redemption of bonds prior to maturity, on such notice and at such time or times and with such redemption provisions, including…
- § 29175 The district may provide for the payment of the principal and interest of bonds at any place within the State of California, or at any other place within the…
- § 29176 Bonds shall bear dates prescribed by the district.
- § 29177 Bonds may be serial or sinking fund bonds, or in part serially and in part sinking fund bonds, with such maturities and in such amounts annually, semiannually…
- § 29178 No bond by its terms shall mature in more than fifty (50) years from its own date, and in the event any authorized issue is divided into two or more series or…
- § 29179 The district may divide any authorized issue into one or more series or division and fix different dates and different maturity dates for the bonds of each…
- § 29180 The district may prescribe the form of bonds issued pursuant to this chapter, and of the interest coupons attached to those bonds. Bonds shall be signed by the…
- § 29181 Pending the actual issuance or delivery of bonds, the district may issue temporary or interim bonds, certificates, or receipts, of any denomination whatsoever,…
- § 29182 The district may provide that interest on bonds may be paid out of the proceeds of the sale of the bonds during the actual construction of any project, for the…
- § 29183 The district shall provide for the payment of the principal of and interest on the bonds by the levy and collection of taxes upon all property in the district…
- § 29184 Any general obligation bonds which shall be issued under the provisions of this part shall be legal investment for all trust funds; for the funds of insurance…
ARTICLE 3. Issuance and Sale of General Obligation Bonds §§ 29200–29202 · 3 sections
- § 29200 The district may by resolution at any time, or from time to time, provide for the authorization and issuance of any bonds authorized pursuant to this part and…
- § 29201 Before making a sale of any of the bonds, notice shall be given by publication once a week, for two weeks, in a newspaper of general circulation in the…
- § 29202 The published notice of sale shall describe the bonds and set forth the terms and conditions of sale.
ARTICLE 4. Refunding Bonds §§ 29210–29225 · 16 sections
- § 29210 The district may provide for the funding or refunding of outstanding general obligation indebtedness pursuant to this article, if any of the following…
- § 29211 The district by a two-thirds vote of the board may fund or refund its general obligation indebtedness at, after, or before maturity and issue refunding bonds…
- § 29212 Refunding general obligations may be issued and may be sold in accordance with Articles 2 (commencing with Section 29169) and 3 (commencing with Section…
- § 29213 Refunding bonds issued pursuant to this article will have the same weight and force and may be used in the same manner as the bonds to be refunded.
- § 29214 The proceeds of any sale of refunding bonds for cash shall be deposited with the chief financial officer or depositary, as determined by the district, to the…
- § 29215 Any proceeds of the refunding bonds remaining after the indebtedness has been paid shall be deposited in the fund established for the payment of principal and…
- § 29216 At the time of making the general tax levy after incurring the bonded indebtedness and annually thereafter until the refunding bonds are paid or until there is…
- § 29217 If the earliest maturity of the refunding bonds is more than one year after the date of issuance, the board shall levy and collect annually a tax sufficient to…
- § 29218 The taxes shall be levied and collected as other district taxes, and are in addition to all other taxes. They shall be used only for the payment of the bonds…
- § 29219 Refunding bonds may be issued in a principal amount sufficient to provide funds for (a) the payment of the principal of and interest on the bonds, notes or…
- § 29220 When sufficient money is in the Funding Fund to redeem one or more outstanding past due bonds, notes, or other evidences of indebtedness, or to redeem one or…
- § 29221 At the same time, the chief financial officer shall deposit in the post office a copy of the notice, enclosed in a sealed envelope, postage prepaid, addressed…
- § 29222 When any outstanding bonds, notes, or other evidences of indebtedness are surrendered and paid, the chief financial officer shall cancel them by endorsing on…
- § 29223 The chief financial officer shall keep a record of bonds, notes, or other evidences of indebtedness redeemed, and report the redemption to the board. At the…
- § 29224 Any money remaining in the Funding Fund, after all outstanding bonds, warrants, judgments, notes, or other evidences of indebtedness proposed to be refunded…
- § 29225 Refunding of revenue bonds of the district may be accomplished in the manner provided by the Revenue Bond Law of 1941, all of the provisions of which are…
ARTICLE 5. Temporary Borrowing §§ 29230–29236 · 7 sections
- § 29230 The district may borrow money for the purpose of defraying general administrative and preliminary expenses of the district, lawfully incurred, prior to the…
- § 29231 At any time prior to the first receipt by the district of revenues from taxation, the counties within the district may loan any available money to the district…
- § 29232 The treasurers of the counties within the district shall pay into the treasury of the district all funds held by them to the credit of the district.
- § 29233 The district may borrow money in accordance with the provisions of Article 7 (commencing at Section 53820), Chapter 4, Part 1, Division 2, Title 5 of the…
- § 29234 The district may borrow money in anticipation of the sale of bonds which have been authorized to be issued, but which have not been sold and delivered, and may…
- § 29235 (a) The district may borrow money for the purchase of transit vehicles, as defined in subdivision (b) of Section 99501, transit equipment, or transportation…
- § 29236 In addition to any other existing authority, the district may borrow money and incur indebtedness pursuant to Article 7.4 (commencing with Section 53835) of…
ARTICLE 6. Revenue Bonds §§ 29240–29241 · 2 sections
- § 29240 As an alternative procedure for the raising of funds, the district is hereby authorized to issue bonds, payable from revenues of any facility or enterprise to…
- § 29241 The district is hereby declared to be a local agency within the meaning of the Revenue Bond Law of 1941. The term “enterprise” as used in the Revenue Bond Law…
ARTICLE 7. Equipment Trust Certificates §§ 29250–29253 · 4 sections
- § 29250 The district shall have power to purchase equipment such as cars, trolley buses and motor buses, rolling equipment, and may execute agreements, leases and…
- § 29251 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…
- § 29252 The agreements and leases shall be duly acknowledged before some person authorized by law to take acknowledgments of deeds and in the form required for…
- § 29253 The covenants, conditions and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the provisions of any trust…
ARTICLE 8. Special Assessment Bonds §§ 29260–29262 · 3 sections
- § 29260 In addition to all other powers granted under this part, the district shall have the right to acquire, construct and complete any improvements authorized…
- § 29261 An assessment district formed or proposed to be formed under this part, on the acquisition of any property or the construction of any improvement thereby,…
- § 29262 An assessment district formed or proposed to be formed under this part, on the acquisition of any property or the construction of any improvement thereby,…
ARTICLE 9. Reissuance of Bonds, Notes, Coupon or Other Evidence of Indebtedness, Lost, Destroyed, Defaced or Mutilated §§ 29270–29271 · 2 sections
- § 29270 If lost or completely destroyed, any bond, note, coupon, or other evidence of indebtedness may be reissued in the form and tenor of the lost or destroyed bond,…
- § 29271 If defaced, mutilated, or partially destroyed, any bond, note, coupon, or other evidence of indebtedness may be reissued in the form and tenor of the defaced…
ARTICLE 10. Past Due Bonds §§ 29280–29282 · 3 sections
- § 29280 When a bond, note, interest coupon, or other evidence of indebtedness payable from funds in the custody of the chief financial officer of the district is…
- § 29281 Upon receipt of the first money in the treasury applicable to their payment, the chief financial officer shall set apart the amount necessary to pay the past…
- § 29282 If the registered bonds, notes, coupons, and other evidences of indebtedness are not presented for payment within 30 days from mailing of the notice, the chief…
ARTICLE 11. General Provisions §§ 29290–29293 · 4 sections
- § 29290 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…
- § 29291 An action to determine the validity of bonds or other evidences of indebtedness may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10…
- § 29292 Any person who, without probable cause, institutes in any court, state or federal, any action or proceeding contesting the validity of the issuance or sale by…
- § 29293 Notwithstanding any other statutory provision to the contrary, the district may pledge all or any part of income received under Section 29123 to the payment of…
CHAPTER 9. Annexation §§ 29500–29590 · 22 sections
ARTICLE 1. Annexation Agreement §§ 29500–29504 · 5 sections
- § 29500 Any county not included within the boundaries of the district, including a county which has withdrawn from the district pursuant to Chapter 10 of this part,…
- § 29501 The board of supervisors of the county proposed to be annexed shall agree in writing with the board of directors of the district upon the terms and conditions…
- § 29502 As a condition of annexation, the district shall require any county seeking to annex to the district to reimburse the district for the county’s equitable share…
- § 29503 As an alternative method of annexation, a petition may be presented to the board of supervisors of a county proposed to be annexed, signed by qualified…
- § 29504 Upon receipt of a petition pursuant to Section 29503, the board of supervisors shall communicate with the board and negotiate an annexation agreement and hold…
ARTICLE 2. Approval by District §§ 29520–29526 · 7 sections
- § 29520 The agreement shall become effective and be binding upon the district and the county when approved in the manner set forth in this chapter. The board of…
- § 29521 The ordinance, together with a notice fixing the time and place for hearing thereon, shall be published once in a newspaper of general circulation published in…
- § 29522 At the hearing any person interested may file with the board of directors of the district written objections to the execution of the agreement.
- § 29523 Upon the hearing the board of directors of the district shall determine whether or not the agreement will be carried into execution and shall hear and…
- § 29524 Any hearing on the agreement may be adjourned from time to time by the board of directors of the district without further notice other than an order to be…
- § 29525 If no protests are filed or if the protests filed are overruled and denied, the board of directors of the district shall thereupon by resolution finally…
- § 29526 When executed by the district the agreement shall be dated and an executed copy filed with the secretary of the district. An executed copy shall also be filed…
ARTICLE 3. Approval by County §§ 29540–29545 · 6 sections
- § 29540 At any time after the board of directors of the district has finally approved the agreement of annexation the board of supervisors of the county to be annexed…
- § 29541 Notice of election shall be published once a week for two successive weeks (two publications) in a newspaper of general circulation published within the…
- § 29542 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…
- § 29543 If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were cast in favor of the annexation, the…
- § 29544 If the proposition fails to carry, the result shall be entered upon the minutes of the board of supervisors of the county.
- § 29545 If the proposition receives the vote of the requisite majority of voters, the board of supervisors of the county shall enter in its minutes an order declaring…
ARTICLE 4. Establishment of Annexation § 29560 · 1 section
- § 29560 Upon receipt by the district of a copy of the agreement of annexation properly executed by the district and the county proposed to be annexed the board of…
ARTICLE 5. Effect of Annexation § 29570 · 1 section
- § 29570 From and after the date of annexation the board of directors of the district shall levy upon all of the property in the county annexed such taxes, tolls, or…
ARTICLE 6. Contest of Annexation § 29580 · 1 section
- § 29580 The validity of any proceedings for the annexation of any county to the district shall not be contested in any action unless the action is brought within three…
ARTICLE 7. Annexation of Land Owned Solely by District § 29590 · 1 section
- § 29590 When the district is the sole owner of any tract of land within the County of San Mateo upon which is located works and facilities of the district, the board,…
CHAPTER 10. Withdrawal From District §§ 29650–29654 · 6 sections
- § 29650 Any county, the board of supervisors of which does not approve the reports of the board of directors of the district submitted pursuant to Section 29154 or…
- § 29650.1 In addition to the right of withdrawal of a county as provided in Section 29650, any county may withdraw from the district at any time prior to the date of…
- § 29651 Withdrawal from the district shall be by a resolution adopted by a majority vote of the board of supervisors.
- § 29652 The withdrawal of any county from the district pursuant to this chapter shall not be effective until the resolution of withdrawal adopted by the board of…
- § 29653 The withdrawal of a county pursuant to this chapter does not invalidate any taxes or assessments levied or assessed against any property in the county prior to…
- § 29654 Any county which is withdrawn from the district pursuant to this chapter may be subsequently annexed thereto on compliance with Chapter 9 (commencing with…
CHAPTER 10.5. Special Service Districts §§ 29660–29740 · 45 sections
ARTICLE 1. Proposal of Formation §§ 29660–29666 · 7 sections
- § 29660 One or more special service districts for any of the purposes in which the district is authorized to engage may be created within the boundaries of the…
- § 29661 Proceedings for the creation of a special service district may be initiated by resolution of the legislative body or bodies of the city or cities proposed to…
- § 29662 As an alternative to the initiation of proceedings for the formation of a special service district by resolution or resolutions, a petition may be filed with…
- § 29663 The petition shall declare that the public interest or necessity demands the creation of a special service district within the area of the district described…
- § 29664 The secretary of the district shall compare the signatures in the petition with the affidavits of registration on file with the county elections official, and…
- § 29665 The following provisions of the Government Code shall not apply to this chapter or any proceeding taken thereunder: (a) Chapter 6.6 (commencing with Section…
- § 29666 Nothing contained herein shall allow the San Francisco Bay Area Rapid Transit District, or any special service district formed hereunder, to exercise any…
ARTICLE 2. Hearing §§ 29670–29674 · 5 sections
- § 29670 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…
- § 29671 The notice of hearing shall be published once in a newspaper of general circulation published in the district. The board, in its discretion, may give such…
- § 29672 The time fixed for the hearing shall be not less than ten (10) nor more than thirty (30) days from the date of the publication of the notice.
- § 29673 At or before the hearing, any person interested may file with the secretary of the district written objections to the creation of the special service district…
- § 29674 If no protests are filed or if the protests filed are overruled and denied by the board, the board shall by resolution approve the creation of the special…
ARTICLE 3. Election §§ 29680–29685 · 6 sections
- § 29680 At the time of the approval of the creation of a special service district, the board shall call an election in the territory proposed to be included in the…
- § 29681 Such election shall be held on the next established election date not less than 74 days after the board’s approval of the creation of the special service…
- § 29682 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 “San…
- § 29683 No person is entitled to vote at the election unless he is a registered voter residing within the territory proposed to be included in the special service…
- § 29684 The costs of the election required by this article shall be borne by the district.
- § 29685 The question of the creation of a special service district shall be canvassed separately for each public agency, or portion thereof, in which an election is…
ARTICLE 4. Taxing Subdivision § 29690 · 1 section
- § 29690 A special service district has no separate corporate existence, but shall be deemed to be a taxing subdivision of the district, and within each special service…
ARTICLE 5. Bond Election §§ 29700–29705 · 6 sections
- § 29700 At any time after the approval by the board of the creation of a special service district, as provided in Section 29674, the board may provide for the…
- § 29701 The proposition for incurring a bonded indebtedness under Section 29700 may be submitted to the voters at the same election as the proposition to create the…
- § 29702 Except as otherwise provided in this chapter, the provisions of Chapter 8 (commencing with Section 29150) relating to general obligation bonds with the…
- § 29703 Only those registered voters residing within the boundaries of the special service district shall be entitled to vote on the proposition for the incurring of a…
- § 29704 Only the property in the special service district shall be taxable for the payment of the principal and interest on special service district bonds. Until the…
- § 29705 Any proceedings denying the validity of the creation of any special service district, or of any bonds authorized by the voters thereof, pursuant to this part,…
ARTICLE 6. Annexation §§ 29710–29727 · 19 sections
- § 29710 Any territory within the boundaries of the district not included within the boundaries of the special service district to which it is proposed to be annexed,…
- § 29711 The board shall by resolution determine that the annexation of the territory will facilitate the acquisition or operation of transit facilities for the special…
- § 29712 Any public agency or portion thereof included as part of the territory proposed to be annexed to a special service district pursuant to this article may, by…
- § 29713 The petition for election provided for in Section 29712 shall be signed by voters within any public agency, or portion thereof, included within the boundaries…
- § 29714 The secretary of the district shall compare the signatures with the affidavits of registration on file with the county elections official, and shall certify to…
- § 29715 The terms and conditions for the annexation of territory to a special service district may provide, among other matters, for the payment of taxes within the…
- § 29716 Notice fixing the time and place for hearing on the question of the annexation of territory to a special service district shall be published once in a…
- § 29717 The time of hearing shall be not less than 20 nor more than 60 days from the date of the publication of the notice.
- § 29718 At or before the hearing, any person interested may file with the secretary of the district written objections to the annexation of the territory to the…
- § 29719 The hearing may be continued from time to time by the board without further notice other than an order entered upon the minutes of its meeting fixing the time…
- § 29719.5 If the board finds that protest has been made, prior to the board’s final determination for annexation, by the owners of real property within the area to be…
- § 29720 From and after the date of filing of the resolution with the secretary of the district, the annexation of the territory, or portion thereof, to the special…
- § 29721 If an election is required to be held, pursuant to the provisions of Section 29712, the board shall call such election within 60 days after the petition or…
- § 29722 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 territory…
- § 29723 No person is entitled to vote at the election unless he is a voter of the public agency, or portion thereof, requesting the election. The election may be held…
- § 29724 The costs of the election required by this article shall be borne by the district.
- § 29725 The question of the annexation of territory to a special service district shall be canvassed separately for each public agency, or portion thereof, in which an…
- § 29726 Upon the completion of the annexation of any territory, in accordance with law, to any city included in a special service district, the city clerk shall file…
- § 29727 If the district shall file its objections, in the manner provided in Section 29726, to the annexation to a special service district of territory annexed to a…
ARTICLE 7. Dissolution § 29740 · 1 section
- § 29740 A special service district may be dissolved by resolution of the board if any proposition for the incurring of a bonded indebtedness fails to carry, and if the…
CHAPTER 11. Dissolution §§ 29750–29757 · 8 sections
- § 29750 If district bonds for the acquisition or construction of rapid transit facilities have not been voted by the electors within five years of the creation of the…
- § 29751 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…
- § 29752 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…
- § 29753 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…
- § 29754 No other notice of the election other than that provided for in this article need be given and no sample ballots need be sent to the voters.
- § 29755 If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were in favor of the dissolution, the…
- § 29756 If a majority of the qualified electors voting at said election vote in favor of such dissolution, the board of directors shall, by resolution entered upon its…
- § 29757 In the event that the proposition for dissolution fails to carry, no subsequent election for the dissolution of the district shall be called until after the…