CHAPTER 6. Powers and Functions of District [28950. - 29103.]

Chapter 6 added by Stats. 1957, Ch. 1056.

§§ 28950–29103 · 55 sections

1. 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…
2. 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…
3. 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…
4. 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…
5. 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…
6. 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,…
7. 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…