CHAPTER 6. Powers and Functions of District [90400. - 90570.]
Chapter 6 added by Stats. 1965, Ch. 2039.
§§ 90400–90570 · 46 sections
ARTICLE 1. Corporate Power §§ 90400–90402 · 3 sections
- § 90400 The district has perpetual succession and may adopt a seal and alter it at pleasure.
- § 90401 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.
- § 90402 The district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this act. The…
ARTICLE 2. Contracts §§ 90420–90421 · 3 sections
- § 90420 The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 90420.5 The district further shall be empowered to furnish contractual service outside of the district’s boundaries.
- § 90421 Neither the general manager nor any director of the district shall in any manner be interested, directly or indirectly, in any contract awarded or to be…
ARTICLE 4. Property §§ 90460–90461 · 2 sections
- § 90460 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,…
- § 90461 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. Transit Facilities and Service §§ 90480–90490 · 11 sections
- § 90480 The district may acquire, construct, own, operate, control or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and any…
- § 90480.5 The negotiated purchase price of any existing facilities which are acquired by the district shall not exceed the fair market value of the tangible real and…
- § 90481 The district may without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, rights-of-way,…
- § 90482 The district may plan for, establish, construct, finance and operate rapid transit facilities and service within or without the district’s boundaries,…
- § 90484 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…
- § 90485 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…
- § 90486 The rates and charges for service furnished pursuant to this act shall be fixed by the board and shall be reasonable.
- § 90487 The board of supervisors or the city council of a municipality having territory located within the district may file a request for a hearing before the…
- § 90488 Upon the filing of a request for hearing as provided in Section 90487 the district board shall fix the time and place for hearing. The time fixed shall not be…
- § 90489 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…
- § 90490 Within 30 days after submission of the case, the board shall render its decision and its decision shall be final.
ARTICLE 6. Indebtedness §§ 90500–90508 · 10 sections
- § 90500 The district may borrow money and incur indebtedness, and may issue bonds or other evidences of indebtedness. No indebtedness shall be incurred exceeding the…
- § 90501 The district may borrow money for the purpose of defraying the expenses of the district lawfully incurred after the commencement of the fiscal year, but prior…
- § 90501.5 The board of directors of the district may, within a period of two years from and after the formation of the district, pursuant to a resolution adopted by it…
- § 90502 The district shall not incur an indebtedness for public works which in the aggregate exceeds 15 percent of the assessed value of all the real and personal…
- § 90503 Indebtedness which has been incurred for the acquisition, construction, and operation of transit facilities, where the revenue from the transit facilities for…
- § 90504 The district may accept, without limitation by any other provisions of this act requiring approval of indebtedness, contributions or loans from the United…
- § 90505 The district may purchase equipment such as cars, trolley buses and motorbuses, and rolling equipment, and may execute agreements, leases and equipment trust…
- § 90506 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…
- § 90507 The agreements and leases shall be duly acknowledged before a person authorized by law to take acknowledgments of deeds and in the form required for…
- § 90508 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 7. Investments §§ 90520–90522 · 3 sections
- § 90520 The district may invest any surplus money in its treasury, including money in any sinking fund, in any of the following: (a) Its own bonds. (b) Treasury notes,…
- § 90521 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…
- § 90522 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,…
ARTICLE 8. Taxation §§ 90540–90552 · 13 sections
- § 90540 A district may levy, and collect or cause to be collected, taxes for any lawful purpose.
- § 90541 If, in the opinion of the board, the revenues will not be sufficient for any and all lawful purposes, the board shall levy a tax for such purpose or purposes…
- § 90542 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 district’s…
- § 90543 The taxes required to be levied and collected on account of interest, principal and sinking fund of district bonds shall be in addition to all other taxes…
- § 90544 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,…
- § 90545 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…
- § 90546 In such case the county assessor shall, on or before the third Monday in August of each year, transmit to the board a statement in writing showing the total…
- § 90547 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…
- § 90548 The board shall immediately after fixing the rate of taxes as above provided transmit to the county assessor of the county a statement of the rate of taxes…
- § 90549 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…
- § 90550 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…
- § 90551 The compensation to be charged by and paid to any county for the performance of services under this article shall be fixed by agreement between the board of…
- § 90552 All taxes levied under this act 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 9. Claims § 90570 · 1 section
- § 90570 All claims for money or damages against the district are governed by Chapter 2 (commencing with Section 700) of Division 3.5 of Title 1 of the Government Code…