PART 7. MARIN COUNTY TRANSIT DISTRICT [70000. - 80019.]
Part 7 added by Stats. 1964, 1st Ex. Sess., Ch. 92.
§§ 70000–80019 · 142 sections
CHAPTER 1. General Provisions §§ 70000–70014 · 12 sections
ARTICLE 1. Definitions §§ 70000–70006 · 7 sections
- § 70000 This part shall be known and cited as the “Marin County Transit District Act of 1964.”
- § 70001 Unless the context otherwise requires, the provisions of this article govern the construction of this part.
- § 70002 “District” means the Marin County Transit District formed under this part.
- § 70003 “Board” means the board of directors of this district.
- § 70004 “Voter” means any elector who is registered under the Elections Code.
- § 70005 “Transit” means the transportation of passengers only and their incidental baggage by means other than by chartered bus, sightseeing bus, or any other motor…
- § 70006 “Transit works” or “transit facilities” means all real and personal property, equipment, rights, or interests owned or to be acquired by the district for…
ARTICLE 2. General Provisions §§ 70010–70014 · 5 sections
- § 70010 It shall be the purpose of the Marin County Transit District to develop, finance, organize, and provide local Marin County transit service in a manner…
- § 70011 The Marin County Transit District may be created as provided in this part and when so created may exercise the powers herein granted.
- § 70012 Except as otherwise provided in this part elections shall be held and conducted and the result ascertained, determined, and declared in all respects as nearly…
- § 70013 Except as otherwise provided in this part all ordinances and notices which are required to be published shall be published within the district pursuant to…
- § 70014 Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system…
CHAPTER 2. Formation of District §§ 70020–70055 · 21 sections
ARTICLE 1. General Provisions §§ 70020–70022 · 3 sections
- § 70020 The County of Marin may organize and incorporate as the Marin County Transit District.
- § 70021 The request for the formation of the Marin County Transit District may be made by resolution or by petition as set out in this chapter.
- § 70022 The district may include incorporated or unincorporated territory within the County of Marin.
ARTICLE 2. Request by Resolution §§ 70025–70026 · 2 sections
- § 70025 The Board of Supervisors of the County of Marin may pass a resolution declaring that in its opinion public interest or necessity demands the creation and…
- § 70026 The resolution may state the transit facilities proposed to be first acquired, but failure to acquire such transit facilities shall not affect the validity of…
ARTICLE 3. Request by Petition §§ 70030–70033 · 4 sections
- § 70030 Instead of a resolution, a petition may be presented to the board of supervisors signed by voters within Marin County equal in number to at least 25 percent of…
- § 70031 The petition shall contain substantially the same declarations and statements required to be contained in the resolution adopted by the board of supervisors…
- § 70032 The petition may be on separate papers, but each paper shall contain the affidavit of the person who circulated it certifying that each name signed thereto is…
- § 70033 The County Elections Official of the County of Marin shall compare the signatures to the petition with the affidavits of registration and certify to their…
ARTICLE 4. Election §§ 70035–70044 · 10 sections
- § 70035 Upon adoption of the resolution or of a sufficient petition, the board of supervisors shall hold a hearing on the question of forming a Marin County Transit…
- § 70036 The board of supervisors shall have the power to exclude areas which in the board’s determination would not receive reasonable benefit from inclusion in the…
- § 70037 After the conclusion of the hearing, the board of supervisors shall in case of initiation by petition and may in case of initiation by resolution call an…
- § 70038 The board of supervisors shall publish notice of the election within the proposed district.
- § 70039 The notice shall state the name of the proposed district, and describe the boundaries thereof.
- § 70040 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…
- § 70041 No person shall be entitled to vote at the election unless he is a voter of the territory included in the proposed district.
- § 70042 The election may be held on the same day as any other state, county, or city election, and be consolidated therewith.
- § 70043 The board of supervisors shall meet on the Tuesday next succeeding the day of the election and canvass the returns.
- § 70044 The board of supervisors shall make all provisions for the holding of the election throughout the district as proposed, and the cost of said election shall be…
ARTICLE 5. Establishment of the District § 70050 · 1 section
- § 70050 If a majority of the electors voting on the proposition vote in favor of the creation and establishment of the district, the board of supervisors shall cause a…
ARTICLE 6. Contest of Incorporation § 70055 · 1 section
- § 70055 No informality in any proceeding or in the conduct of the election, not substantially affecting adversely the legal rights of any citizen, shall be held to…
CHAPTER 3. Internal Organization of District §§ 70060–70095 · 18 sections
ARTICLE 1. Government §§ 70060–70061 · 2 sections
- § 70060 The governing body of the district shall consist of the members of the board of supervisors and two members, who shall be a mayor or councilman of a city,…
- § 70061 The city members of the governing body of the district shall serve for terms of two years commencing on the first Monday of January in each even-numbered year,…
ARTICLE 2. Powers and Duties of Directors §§ 70070–70079 · 10 sections
- § 70070 The chairman is the presiding officer of the board and he shall vote on the propositions passed upon by the board.
- § 70071 The first meeting of the board shall be held within 10 days after the board of supervisors certifies the results of the election to the Secretary of State…
- § 70072 The board shall select one of its members vice chairman, who shall preside in the absence of its chairman. The board shall provide for and select such officers…
- § 70073 All matters and things necessary for the proper administration of the affairs of the district which are not provided for in this part shall be provided for by…
- § 70074 The board shall supervise and regulate every transit facility owned and operated by the district, including the fixing of rates, rentals, charges and…
- § 70075 The board may either operate the transit system itself or a part thereof or it may contract with any other public or private agency or corporation to operate…
- § 70076 Marin County Ordinance 617 (Merit System Ordinance) as amended or hereafter amended shall be applicable to all personnel of the district, except to the extent…
- § 70077 The board may from time to time contract for or employ any professional service required by the district or for the performance of work or services which…
- § 70078 The auditor shall provide the board with an annual audit of all books and accounts of the district.
- § 70079 Payment of demands against the district and disbursement of district funds shall be in the manner provided for demands against a county and disbursements of…
ARTICLE 3. Meetings and Legislation §§ 70085–70089 · 5 sections
- § 70085 All meetings of the board shall be conducted in a manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950), Part 1, Division 2,…
- § 70086 A majority of the board constitutes a quorum for the transaction of business.
- § 70087 The board shall establish rules for its proceedings and board members shall be allowed necessary traveling and personal expenses incurred in performance of…
- § 70088 The acts of the board shall be expressed by motion, resolution or ordinance. No ordinance, resolution or motion shall have any validity or effect unless passed…
- § 70089 The enacting clause of all ordinances shall be as follows: “Be it ordained by the board of directors of the Marin County Transit District.” All ordinances…
ARTICLE 4. Other Officers § 70095 · 1 section
- § 70095 The board may appoint and fix the salary of a general manager who shall have full charge of the acquisition, construction, maintenance and operation of the…
CHAPTER 4. Labor Provisions §§ 70120–70129 · 10 sections
- § 70120 Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own…
- § 70121 (a) A contract or agreement shall not be made, or assumed, with any labor organization, association, group, or individual that denies membership to, or in any…
- § 70122 If there is a question whether a labor organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters…
- § 70123 Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, the…
- § 70124 The district shall not acquire any existing system or part thereof whether by purchase, lease, condemnation, or otherwise, nor shall the district dispose of or…
- § 70125 Notwithstanding any provision of the Government Code, employees of this district may authorize and, upon that authorization, the district may make deductions…
- § 70126 The obligation of the district to bargain in good faith with a duly designated or certified labor organization and to execute a written collective bargaining…
- § 70127 The district may provide for a retirement system; provided, that the adoption, terms and conditions of any retirement system covering employees of the district…
- § 70128 The district shall take such steps as may be necessary to obtain coverage for the district and its employees under Title II of the Federal Social Security Act,…
- § 70129 The district shall take such steps as may be necessary to obtain coverage for the district and its employees under the workers’ compensation, unemployment…
CHAPTER 5. Retirement System § 70130 · 1 section
- § 70130 The Marin County Employees Retirement System and the laws relating thereto or as hereafter amended shall be applicable to the officers and employees of the…
CHAPTER 6. Powers and Functions of District §§ 70160–70223.5 · 34 sections
ARTICLE 1. Corporate Power §§ 70160–70162 · 3 sections
- § 70160 The district has perpetual succession and may adopt a seal and alter it at pleasure.
- § 70161 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.
- § 70162 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…
ARTICLE 2. Contracts §§ 70165–70166 · 2 sections
- § 70165 The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 70166 No officer or employee of the district shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in…
ARTICLE 4. Property §§ 70175–70176 · 2 sections
- § 70175 The district may take by grant, purchase, gift, devise or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real…
- § 70176 Exercise of the powers provided under Section 70175 shall be undertaken in the same manner and pursuant to the same procedures as in the exercise of like…
ARTICLE 5. Transit Facilities and Service §§ 70180–70187 · 7 sections
- § 70180 The district may acquire, construct, own, operate, control or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals and any…
- § 70181 The district may without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, rights-of-way,…
- § 70183 The district may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by such…
- § 70184 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…
- § 70185 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…
- § 70186 The rates and charges for service furnished pursuant to this part shall be fixed by the board and shall be reasonable.
- § 70187 The district shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to the operation of buses and…
ARTICLE 6. Indebtedness §§ 70200–70201 · 2 sections
- § 70200 The district shall have the power to obtain temporary transfers of funds in accordance with the last paragraph of Section 31, Article IV of the State…
- § 70201 The district may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions or loans from the United…
ARTICLE 7. Property Taxation §§ 70210–70220 · 12 sections
- § 70210 The district may levy, and collect or cause to be collected, taxes for any lawful purpose subject to a maximum limit of five cents ($0.05) per one hundred…
- § 70210.5 The maximum tax rate set forth in Section 70210 may be increased to an amount approved by a majority of the electors of the district voting at a special…
- § 70211 If, in the opinion of the board, the transit operation revenues will not be sufficient for any and all lawful purposes the board shall levy a tax for such…
- § 70212 The board shall, in addition to the general tax levy as set forth in Section 70210, levy and collect annually until the district’s bonds are paid, or until…
- § 70213 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,…
- § 70214 The board shall avail itself of the assessments made by the assessor of the county and of the assessments made by the State Board of Equalization for the…
- § 70215 In such case the county auditor shall, on or before the third Monday in August of each year, transmit to the board a statement in writing showing the total…
- § 70216 The board shall on or before the first day of September fix the rate of taxes, designating the number of cents upon each one hundred dollars ($100) using as a…
- § 70217 The board shall immediately after fixing the rate of taxes as above provided transmit to the county auditor of the county a statement of the rate of taxes…
- § 70218 The district’s taxes so levied shall be collected at the same time and in the same manner as county taxes. When collected the net amount, ascertained as…
- § 70219 Whenever any real property has been sold for taxes and has been redeemed, the money paid for redemption shall be apportioned and paid to the district by the…
- § 70220 All taxes levied under this part are a lien on the property on which they are levied. The enforcement of the collection of such taxes shall be in the same…
ARTICLE 8. Retail Transactions and Use Tax §§ 70223–70223.5 · 6 sections
- § 70223 A retail transactions and use tax ordinance may be adopted by the board in accordance with Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue…
- § 70223.1 Any transactions and use tax ordinance adopted shall be operative on the first day of the first calendar quarter commencing not less than 180 days after…
- § 70223.2 The district may contract with the State Board of Equalization for its service in the preparations necessary to administer a transactions and use tax…
- § 70223.3 Prior to the operative date of the transactions and use tax ordinance, the district shall contract with the State Board of Equalization to perform all…
- § 70223.4 If the district shall not have contracted with the State Board of Equalization prior to the operative date of its transactions and use tax ordinance, it shall…
- § 70223.5 Repeal of the transactions and use tax ordinance shall not be operative earlier than the first day of the first calendar quarter following the adoption of the…
CHAPTER 7. Bonds §§ 70225–70266 · 20 sections
ARTICLE 1. Issuance §§ 70225–70237 · 9 sections
- § 70225 The district may from time to time incur a bonded indebtedness as provided in this chapter to pay the cost of acquiring, constructing or completing the whole…
- § 70226 Whenever the board by resolution passed by vote of two-thirds of all its members determines that the public interest or necessity demands the acquisition,…
- § 70231 The ordinance calling a special bond election shall fix the date on which the election will be held, and the manner of holding the election and of voting for…
- § 70232 Propositions for incurring indebtedness for more than one object or purpose may be submitted at the same election.
- § 70233 Any special bond election may be held separately, or may be consolidated with any other election authorized by law at which the voters of the district may…
- § 70234 The ordinance shall be published, and no other notice of election need be given.
- § 70235 The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable…
- § 70236 The votes of sixty percent (60%) of all voters voting on the proposition at the election are required to authorize the issuance of bonds under this chapter.
- § 70237 If the proposition submitted at a special bond election fails to receive the requisite number of votes, the board shall not within six months after the…
ARTICLE 2. Form and Content §§ 70240–70243 · 4 sections
- § 70240 Bonds authorized by this chapter shall mature serially in amounts to be fixed by the board; except that payment shall begin not later than 10 years from the…
- § 70241 The bonds shall be issued in such denominations as the board determines, except that no bonds shall be issued of a denomination less than one thousand dollars…
- § 70242 The board may at any time prior to the issuance and sale of any bonds provide for the call and redemption of any or all of the bonds on any interest payment…
- § 70243 The bonds shall be signed by the chairman of the board or by such officer of the district as the board shall by resolution authorize and designate for that…
ARTICLE 3. Issue and Sale §§ 70245–70246 · 2 sections
- § 70245 The bonds may be issued and sold for not less than their par value, but otherwise as the board determines. Before selling any bonds, or any part thereof, the…
- § 70246 All premiums and accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the…
ARTICLE 4. Status as Investments §§ 70260–70261 · 2 sections
- § 70260 All bonds including refunding bonds issued by a district are legal investments for all trust funds and for the funds of all insurance companies, banks, both…
- § 70261 All bonds of the district, to the same extent as bonds of any other municipality, are legal for use by any state or national bank or banks in the State as…
ARTICLE 5. Validation § 70263 · 1 section
- § 70263 An action to determine the validity of bonds, including refunding bonds, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part…
ARTICLE 6. Revenue Bonds §§ 70265–70266 · 2 sections
- § 70265 As an alternative procedure for the raising of funds, the district may issue bonds, payable from revenues of any facility or enterprise to be acquired or…
- § 70266 The district is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5…
CHAPTER 8. Annexation §§ 70270–70277 · 8 sections
- § 70270 Territory within Marin County may be annexed to the district in the manner provided in this chapter.
- § 70271 Whenever the board finds and determines that additional territory will be benefited by annexation to the district, it shall pass a resolution to that effect.
- § 70272 The resolution shall be passed by a vote of two-thirds of the members of the board.
- § 70273 The resolution shall: (a) Describe the boundaries of the territory proposed to be annexed. (b) Designate the proposed annexation by an appropriate name. (c)…
- § 70274 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…
- § 70275 On the day fixed for hearing or any day to which the hearing is adjourned, the board shall hear and consider any objections presented to the annexation of the…
- § 70276 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…
- § 70277 Whenever any territory is annexed to the district it shall thereupon become a part of the district subject to all the liabilities and entitled to all the…
CHAPTER 9. Dissolution §§ 80000–80007 · 8 sections
- § 80000 The board may call an election any time for the purpose of submitting to the voters of the district the question of whether the district will be dissolved.…
- § 80001 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…
- § 80002 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…
- § 80003 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…
- § 80004 The board shall canvass the vote. If a majority of the votes favor dissolution, the board shall by resolution dissolve the district.
- § 80005 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.
- § 80006 Upon dissolution the right, title, and interest to property owned or controlled by the district situated within the limits of any city vests absolutely in the…
- § 80007 The board of supervisors is, ex officio, the governing body of the dissolved district. It may levy taxes and assessments and perform other acts necessary to…
CHAPTER 10. Consolidation with Other Districts §§ 80010–80019 · 10 sections
- § 80010 The district may be consolidated with any other transit district organized and operating pursuant to Part 2 (commencing with Section 28500) of this division,…
- § 80011 Whenever the board finds and determines that: (a) Another transit district is willing to annex the territory comprising the district; (b) The annexing district…
- § 80012 The board shall thereafter, by resolution setting forth the terms and conditions of the proposed contract at length, declare its intention to cause the…
- § 80013 The resolution, together with a notice fixing the time and place for hearing thereon, shall be published once in a newspaper of general circulation published…
- § 80014 At the hearing any interested person may file with the board written objections to the approval of the terms and conditions of the proposed contract or the…
- § 80015 Upon the hearing, the board shall determine whether or not the terms and conditions of the contract will be approved and the consolidation effected, and shall…
- § 80016 Any hearing on the agreement and consolidation may be adjourned from time to time by the board, not exceeding 30 days in all, without further notice other than…
- § 80017 If no protests are filed, or if the protests filed are overruled and denied by the board, the board shall thereupon by resolution finally approve the terms and…
- § 80018 Thereafter such consolidation shall be effected by such other district in the manner provided for annexation of counties in Chapter 9 (commencing with Section…
- § 80019 Upon the completion of such consolidation procedure, the Marin County Transit District shall be deemed to be dissolved. Thereafter, all property and assets of…