CHAPTER 4. Powers and Functions [120200. - 120488.]

Chapter 4 added by Stats. 1975, Ch. 294.

§§ 120200–120488 · 57 sections

1. ARTICLE 1. Corporate Powers §§ 120200–120202 · 3 sections

   • § 120200 The board has perpetual succession and may adopt a seal and alter it at its pleasure.
   • § 120201 The board may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
   • § 120202 (a) All of the privileges, immunities from liability, and exemptions from laws, ordinances, and rules, and all pension, relief, disability, workers’…
2. ARTICLE 2. Contracts §§ 120220–120228 · 14 sections

   • § 120220 The board may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
   • § 120220.5 The board may provide and maintain by contract with a public agency or by other means, a security force to enforce its regulations, to preserve and protect any…
   • § 120221 The board may contract with any department or agency of the United States of America, with any public agency, or with any person upon such terms and conditions…
   • § 120221.5 The board shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the board an…
   • § 120222 (a) The Legislature finds and declares that a compelling interest exists in ensuring that all federal, state, local, and private funds available to the board…
   • § 120223 (a) If, after rejecting bids received under Section 120222, the board determines and declares by a two-thirds vote of all of its members that, in its opinion,…
   • § 120224.1 (a) Upon determining that immediate remedial measures to avert or alleviate damage to, or to repair or restore damaged or destroyed property of, the board are…
   • § 120224.2 Notwithstanding Section 120222 and upon a finding by two-thirds of all members of the board that a purchase in compliance with Sections 120222 and 120223 does…
   • § 120224.3 Notwithstanding Section 120222, the board may direct the purchase of any supply, equipment, or materials without observance of any provision requiring…
   • § 120224.4 (a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted in accordance with…
   • § 120225 The board may insure against any accident or destruction of the system or any part thereof. The board may also provide insurance as provided in Part 6…
   • § 120226 The board may contract for the services of independent contractors.
   • § 120227 The board and the Board of Administration of the Public Employees’ Retirement System shall enter into a contract, and the board shall make all of its officers…
   • § 120228 Subject to Section 120260, the board may enter into joint powers agreements to operate exclusive public mass transit guideways.
3. ARTICLE 3. Property §§ 120240–120244 · 5 sections

   • § 120240 The board may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and…
   • § 120241 Whenever a portion of a parcel of real property is to be taken for board purposes and the remainder is to be left in such state or condition as to be of little…
   • § 120242 The board shall have or exercise the right of eminent domain in the manner provided by law for the condemnation of private property for public use. The board…
   • § 120243 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…
   • § 120244 The board is entitled to the benefit of any reservation or grant, in all cases, where any right has been reserved or granted to any public agency to construct…
4. ARTICLE 4. Facilities and Services §§ 120260–120269 · 8 sections

   • § 120260 The board shall provide input to the San Diego Association of Governments on the planning and construction of exclusive public mass transit guideways in the…
   • § 120261 Subject to Section 120260, if the board determines that there is a countywide agency capable of operating exclusive public mass transit guideways, the board…
   • § 120263 Priority for guideway development shall be given to meeting the transportation needs of areawide corridors of travel. If the transit development board…
   • § 120264 The transit development board may acquire, construct, maintain, and operate (or let a contract in conformity with state labor laws and subdivision (d) of…
   • § 120266 (a) The board may enter into contracts with any city in the County of San Diego and with the County of San Diego to license or regulate by ordinance any…
   • § 120267 (a) The board may, by ordinance, regulate vehicle safety and driver qualifications for passenger jitney service operating between cities in the County of San…
   • § 120268 The board may enter into cooperative agreements with cities within its area of jurisdiction and with the County of San Diego to establish uniform policies and…
   • § 120269 (a) If the board licenses or regulates any for-hire vehicle services, pursuant to Section 120266, or any passenger jitney service, pursuant to Section 120267,…
5. ARTICLE 5. Transportation Planning §§ 120300–120302 · 3 sections

   • § 120300 The San Diego Association of Governments that includes the area of the board shall be responsible for long-term transportation system planning in that area.…
   • § 120301 With respect to the area under its jurisdiction, the board shall be responsible for operational planning, which includes all planning and monitoring necessary…
   • § 120302 Notice of the time and place of the public hearing by the board shall be published pursuant to Section 6061 of the Government Code, and shall be published not…
6. ARTICLE 6. Transportation Funding §§ 120350–120356 · 6 sections

   • § 120350 The provisions of Article 6 (commencing with Section 120350) and Article 7 (commencing with Section 120400) shall be implemented in conformity with, and…
   • § 120351 The designated recipient for purposes of Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code shall be the San Diego…
   • § 120352 The board may receive any money pursuant to Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the United States Code for mass transit…
   • § 120354 (a) No other public entity within the area of the board’s jurisdiction may file an application for funds for public transportation under Chapter 4 (commencing…
   • § 120355 The board may take all action necessary to obtain funding available pursuant to Chapter 53 (commencing with Section 5301) of Subtitle III of Title 49 of the…
   • § 120356 The board may establish and maintain reserve funds for its planning, procurement, construction, and acquisition programs with moneys received from private and…
7. ARTICLE 7. Public Contributions, Grants, Loans, and Contracts Cooperation § 120400 · 1 section

   • § 120400 The board may accept contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the…
8. ARTICLE 8. Penalties §§ 120450–120452 · 4 sections

   • § 120450 Violation of any ordinance, rule, or regulation enacted by the board relating to the nonpayment of a fare on any transit vehicle or in any transit station…
   • § 120450.5 No person shall give, either orally or in writing, information to a public officer or employee engaged in the enforcement of the provisions of this article…
   • § 120451 Violation of any ordinance, rule, or regulation enacted by the board prohibiting unauthorized operation or manipulation of transit facilities owned,…
   • § 120452 Violation of any ordinance, rule, or regulation enacted by the board prohibiting the unauthorized entering into, climbing upon, holding onto, or in any manner…
9. ARTICLE 9. Investments §§ 120470–120473 · 4 sections

   • § 120470 Subject to any agreement or covenant between the board and the holders of any of its obligations limiting or restricting classes of investments, the board may…
   • § 120471 The investment may be made by direct purchase of any issue of the bonds, treasury notes, or obligations, or part thereof, at the original sale or by the…
   • § 120472 Any bonds, treasury notes, or obligations purchased and held as investments by the board may, from time to time, be sold and the proceeds reinvested in bonds,…
   • § 120473 Sales of any bonds, treasury notes, or obligations purchased and held by the board shall, from time to time, be made in season so that the proceeds may be…
10. ARTICLE 11. Transactions and Use Tax §§ 120480–120488 · 9 sections

    • § 120480 (a) A retail transactions and use tax ordinance applicable to the entirety of, or a portion of, the incorporated and unincorporated territory within the area…
    • § 120481 (a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue…
    • § 120482 (a) The county shall conduct an election called by the board pursuant to Section 120480. (b) The election shall be called and conducted in the same manner as…
    • § 120483 (a) A transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more…
    • § 120484 The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional…
    • § 120485 The board, subject to the approval of the voters within the portion of the county to which the tax would apply, may impose a maximum tax rate of one-half of 1…
    • § 120486 The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from…
    • § 120487 Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of…
    • § 120488 The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article.