BlackletterCalifornia law

DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000. - 125716.]

Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1.

§§ 125000–125716 · 82 sections

  1. CHAPTER 1. General Provisions and Definitions §§ 125000–125002 · 3 sections
    • § 125000 This part shall be known and may be cited as the “North County Transit District Act.”
    • § 125001 As used in this division, “district” means the North County Transit District.
    • § 125002 It is the intent of the Legislature to improve existing public transportation coordination. The Legislature recognizes that in order to achieve a unified,…
  2. CHAPTER 2. Creation of Board §§ 125050–125052 · 3 sections
    • § 125050 There is hereby created, in that portion of the County of San Diego as described in Section 125052, the North County Transit District. The district shall be…
    • § 125051 Each of the governing bodies appointing a member of the board pursuant to Section 125050 shall also appoint one alternate to serve on the board when the member…
    • § 125052 The area of jurisdiction of the board shall consist of the following areas: (a) The Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos,…
  3. CHAPTER 3. Administration §§ 125100–125107 · 8 sections
    • § 125100 The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a chairman who shall preside at all meetings, and a vice…
    • § 125101 The board shall establish rules for its proceedings.
    • § 125102 (a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of…
    • § 125103 The acts of the board shall be expressed by motion, resolution, or ordinance.
    • § 125104 All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2,…
    • § 125105 The board shall: (a) Acquire, construct, maintain, and operate (or let a contract to operate) public transit systems and related facilities. (b) Adopt an…
    • § 125106 Notice of time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and…
    • § 125107 Each member of the board, including an alternate member appointed pursuant to Section 125051 when acting on behalf of the member, shall be paid one hundred…
  4. CHAPTER 4. Powers and Functions §§ 125200–125488 · 34 sections
    1. ARTICLE 1. Corporate Powers §§ 125200–125202 · 3 sections
      • § 125200 The district has perpetual succession and may adopt a seal and alter it at its pleasure.
      • § 125201 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.
      • § 125202 All claims for money or damages against the district are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as…
    2. ARTICLE 2. Contracts §§ 125220–125227 · 11 sections
      • § 125220 The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
      • § 125221 The district may contract with any department or agency of the federal government, any other public agency, or any person upon such terms and conditions as the…
      • § 125222 (a) The Legislature finds and declares that a compelling interest exists in ensuring all federal, state, local, and private moneys available to the district…
      • § 125222.5 The district shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the district an…
      • § 125223 (a) If, after rejecting bids received under Section 125222, the board determines and declares by a two-thirds vote of all of its members that, in its opinion,…
      • § 125224 (a) Upon determining that an immediate remedial measure to avert or alleviate damage to, or to repair or restore the damaged or destroyed property of, the…
      • § 125225 Notwithstanding any other provision of this article, and upon a finding by two-thirds of all members of the board that a purchase in compliance with Sections…
      • § 125225.1 Notwithstanding Section 125222, the board may direct the purchase of any supplies, equipment, or materials without complying with any contracting, bidding, or…
      • § 125225.2 (a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted pursuant to…
      • § 125226 The district may insure against any accident or destruction of the system or any part thereof. The district may also provide insurance as provided in Part 6…
      • § 125227 The district may contract for the services of independent contractors.
    3. ARTICLE 3. Property §§ 125240–125241 · 2 sections
      • § 125240 The district may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and…
      • § 125241 The district 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…
    4. ARTICLE 4. Transit System § 125260 · 1 section
      • § 125260 The district shall plan, construct, and operate (or let a contract to operate) public transit systems in conformance with, and to the extent provided for in,…
    5. ARTICLE 6. Transportation Funding §§ 125350–125352 · 3 sections
      • § 125350 The district shall be deemed a provider of services within the area of its jurisdiction for purposes of Section 1604 of Title 49 of the United States Code.
      • § 125351 The district shall take all action necessary to obtain the maximum amount of funding available pursuant to Section 1602 of Title 49 of the United States Code.
      • § 125352 It is the intent of this section that the district shall file application for funds for public transportation in conformity with, and subject to the…
    6. ARTICLE 7. Public Contributions, Grants, Loans, and Contracts Cooperation § 125400 · 1 section
      • § 125400 The district may accept contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for…
    7. ARTICLE 8. Transit Enforcement and Penalties §§ 125450–125453 · 4 sections
      • § 125450 A violation of any ordinance, rule, or regulation enacted by the board relating to the nonpayment of a fare in any transit facility owned or controlled by the…
      • § 125451 No person shall give, either orally or in writing, information to a public officer or employee engaged in the enforcement of this article if that person knows…
      • § 125452 A violation of any ordinance, rule, or regulation enacted by the board prohibiting unauthorized operation or manipulation of transit facilities owned or…
      • § 125453 A violation of any ordinance, rule, or regulation enacted by the board prohibiting the unauthorized entering into, climbing upon, holding onto, or in any…
    8. ARTICLE 9. Transactions and Use Tax §§ 125480–125488 · 9 sections
      • § 125480 (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…
      • § 125481 (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…
      • § 125482 (a) The county shall conduct an election called by the board pursuant to Section 125480. (b) The election shall be called and conducted in the same manner as…
      • § 125483 (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…
      • § 125484 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…
      • § 125485 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…
      • § 125486 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…
      • § 125487 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…
      • § 125488 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.
  5. CHAPTER 5. Personnel §§ 125500–125600 · 17 sections
    1. ARTICLE 1. Application § 125500 · 1 section
      • § 125500 This chapter shall become operative on the date the district first begins to operate a public transit system pursuant to Section 125105.
    2. ARTICLE 2. Employee Relations §§ 125520–125527 · 8 sections
      • § 125520 Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own…
      • § 125521 Any question which may arise with respect to whether a majority of employees in an appropriate unit desire to be represented by a labor organization shall be…
      • § 125522 Whenever a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by a labor…
      • § 125523 (a) A contract or agreement shall not be made with any labor organization, association, or group that denies membership on any basis listed in subdivision (a)…
      • § 125524 If, after a reasonable period of time, representatives of the district and the accredited representatives of the employees fail to reach agreement on the terms…
      • § 125525 If, after a reasonable period of time, representatives of the district and the accredited representatives of the employees fail to reach agreement either on…
      • § 125526 If the district and the representatives of the employees do not agree to submit any dispute to arbitration as provided in Section 125525, the State…
      • § 125527 If an exclusive collective-bargaining representative is selected pursuant to Section 125521, the provisions of Chapter 10 (commencing with Section 3500) of…
    3. ARTICLE 3. Rights of Employees of Existing Facilities §§ 125540–125541 · 2 sections
      • § 125540 Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings by eminent domain or otherwise, to the…
      • § 125541 Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, that has a…
    4. ARTICLE 4. Pension Plan §§ 125550–125552 · 3 sections
      • § 125550 (a) The adoption, terms, and conditions of a pension plan covering employees of the district in a bargaining unit represented by a labor organization shall be…
      • § 125551 The district may contract with the Board of Administration of the Public Employees’ Retirement System, and in that case the board of administration shall enter…
      • § 125552 All persons receiving pension benefits from an acquired public utility, and all persons entitled to pension benefits under any pension plan of the acquired…
    5. ARTICLE 5. Other Benefits §§ 125560–125561 · 2 sections
      • § 125560 The district shall take such steps as may be necessary to obtain coverage for the board and its employees under Subchapter II of the Federal Social Security…
      • § 125561 The district shall take such steps as may be necessary to obtain coverage for the board and its employees under the workers’ compensation, unemployment…
    6. ARTICLE 6. Transit Police Force § 125600 · 1 section
      • § 125600 The district may establish and maintain a police force. Those employees of the district appointed by the executive director to the police force and who are…
  6. CHAPTER 6. Bonds and Other Evidences of Indebtedness §§ 125700–125716 · 17 sections
    • § 125700 The district may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by the district, in the manner provided by the…
    • § 125701 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…
    • § 125702 The district may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, or rolling equipment, and may execute agreements,…
    • § 125703 The agreement to purchase or lease transit equipment may direct the vendor or lessor to sell and assign or lease the transit equipment to a bank or trust…
    • § 125704 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…
    • § 125705 The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates may not conflict with any trust agreement or similar…
    • § 125706 An executed copy of each agreement and lease shall be filed in the office of the Secretary of State, for a fee of one dollar ($1) for each copy filed. The…
    • § 125707 The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10…
    • § 125708 Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 is applicable to the district.
    • § 125709 The district shall be considered a “local agency,” as defined in subdivision (h) of Section 53317 of the Government Code, and the provisions of Chapter 2.5…
    • § 125710 The district shall be considered to be a “local agency” as defined in subdivision (f) of Section 6585 of the Government Code, and Article 4 (commencing with…
    • § 125711 The district may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article 7.7…
    • § 125712 The district may borrow money in anticipation of the sale of bonds that have been authorized to be issued, but that have not been sold and delivered, and may…
    • § 125713 The district may issue negotiable promissory notes pursuant to this section to acquire funds for any district purposes. The maturity of the promissory notes…
    • § 125714 The district may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of…
    • § 125715 All bonds and other evidences of indebtedness issued by the district under this chapter, and the interest thereon, are free and exempt from all taxation within…
    • § 125716 Notwithstanding any other provisions of this division or of any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance…