DIVISION 12.5. COUNTY TRAFFIC AND TRANSPORTATION FUNDING IN THE NINE-COUNTY SAN FRANCISCO BAY AREA [131000. - 131304.]
Division 12.5 added by Stats. 1986, Ch. 301, Sec. 3.
§§ 131000–131304 · 70 sections
CHAPTER 1. Definitions and General Provisions §§ 131000–131010 · 11 sections
- § 131000 This chapter shall be known and may be cited as the Bay Area County Traffic and Transportation Funding Act.
- § 131001 The Legislature finds and declares all of the following: (a) That, in the nine-county San Francisco Bay area, traffic and transportation improvements are an…
- § 131002 This division does not apply to the County of Santa Clara until November 1, 1995.
- § 131003 “City selection committee” means the committee created pursuant to Section 50270 of the Government Code. For purposes of the City and County of San Francisco,…
- § 131004 “Commission” means the Metropolitan Transportation Commission.
- § 131005 “County” includes a city and county, and means any of the nine San Francisco Bay area counties listed in Section 66502 of the Government Code.
- § 131006 “Board of supervisors” means the board of supervisors of any of the nine San Francisco Bay area counties listed in Section 66502 of the Government Code.
- § 131007 “County transportation authority” means any authority created pursuant to this division in any of the nine San Francisco Bay area counties listed in Section…
- § 131008 “Department” means the Department of Transportation.
- § 131009 “Local governments” means the cities within each of the nine San Francisco Bay area counties listed in Section 66502 of the Government Code.
- § 131010 “Sponsoring agency” means a governmental agency, including a county transportation authority, that has transportation responsibilities in the county in which a…
CHAPTER 2. County Transportation Expenditure Plan §§ 131050–131057 · 8 sections
- § 131050 Any board of supervisors which believes its county has essential traffic and transportation projects for which current estimates of federal, state, and local…
- § 131051 The county transportation expenditure plan shall consist of all of the following: (a) (1) A list of essential traffic and transportation projects in the order…
- § 131052 The recommended county transportation expenditure plan shall be subject to a public hearing and then to a review by the commission, before submittal to the…
- § 131053 The commission shall, within 45 days after receipt of a draft county transportation expenditure plan forwarded pursuant to Section 131052, approve the draft…
- § 131054 If the commission rejects a draft county transportation expenditure plan because the draft plan fails to meet the requirements set forth in Section 131053, the…
- § 131055 If the commission approves a draft county transportation expenditure plan, the commission shall return the draft plan to the board of supervisors for its…
- § 131056 (a) Not less than one year prior to the date of the last general election in which a retail transactions and use tax ordinance is in effect pursuant to this…
- § 131057 (a) The commission and any county transportation authority, in administering the adopted county transportation expenditure plan and imposing the retail…
CHAPTER 3. Retail Transactions and Use Tax §§ 131100–131122 · 23 sections
- § 131100 (a) The Legislature, by the enactment of this chapter intends a county transportation authority or the commission, pursuant to a county transportation…
- § 131101 All allocations of revenues derived from the adoption of a retail transactions and use tax ordinance in a county shall be consistent with the priorities…
- § 131102 (a) (1) A retail transactions and use tax ordinance for a tax of either one-half of 1 percent or 1 percent applicable in the incorporated and unincorporated…
- § 131103 The county, in the retail transactions and use tax ordinance, shall state the nature of the tax to be imposed and shall specify the purposes for which the…
- § 131104 (a) The county shall conduct the election called by the board of supervisors pursuant to Section 131102, and the county shall bear the cost in conducting the…
- § 131105 (a) Any tax ordinance adopted pursuant to this chapter shall be operative on the first day of the first calendar quarter commencing more than 120 days after…
- § 131106 The net revenues derived from the taxes imposed pursuant to this chapter, after deduction for expenses pursuant to Section 131107, shall be allocated by the…
- § 131107 In an adopted county transportation expenditure plan that provides for the imposition of a retail transactions and use tax, not more than 1 percent of the…
- § 131108 (a) The board of supervisors, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue…
- § 131109 (a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued at any time by the agency imposing…
- § 131110 Limited tax bonds shall be issued pursuant to a resolution adopted at any time of a two-thirds vote by the agency imposing the retail transactions and use tax.…
- § 131111 (a) A resolution authorizing the issuance of bonds shall state all of the following: (1) The purposes for which the proposed debt is to be incurred, which may…
- § 131112 The bonds shall bear interest at a rate or rates not exceeding the maximum allowable by law, payable semiannually, except that the first interest payable on…
- § 131113 In the resolution authorizing the issuance of the bonds, the agency imposing the retail transactions and use tax may also provide for the call and redemption…
- § 131114 The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the treasurer of the agency imposing the…
- § 131115 The bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the chairperson or vice chairperson of the agency imposing…
- § 131116 The bonds may be sold as the agency imposing the retail transactions and use tax determines by resolution, and the bonds may be sold at a price below par,…
- § 131117 Delivery of any bonds may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.
- § 131118 All accrued interest and premiums received on the sale of the bonds shall be placed in the fund to be used for the payment of the principal of, and interest…
- § 131119 (a) The agency imposing the retail transactions and use tax may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds…
- § 131120 (a) The agency imposing the retail transactions and use tax may borrow money in anticipation of the sale of bonds which have been authorized pursuant to this…
- § 131121 Any bonds issued under this chapter are legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust…
- § 131122 Any action or proceedings wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this chapter or the issuance of…
CHAPTER 4. Metropolitan Transportation Commission Administration of Adopted County Transportation Expenditure Plan §§ 131200–131203 · 4 sections
- § 131200 Upon approval of a retail transactions and use tax at an election conducted pursuant to Chapter 3 (commencing with Section 131100) in a county with an adopted…
- § 131201 The commission, with the advice of the advisory committee, shall determine the allocation of the net revenues derived from the imposition of the retail…
- § 131202 The commission shall prepare and adopt an annual report by January 1 of each year on the progress to achieve the objectives of completion of the projects in…
- § 131203 Any amendment to a county transportation expenditure plan proposed by the commission is subject to approval by the advisory committee. An amendment which adds…
CHAPTER 5. County Transportation Authority §§ 131240–131304 · 24 sections
ARTICLE 1. Creation of a County Transportation Authority §§ 131240–131242 · 3 sections
- § 131240 Upon approval of a retail transactions and use tax at an election conducted pursuant to Chapter 3 (commencing with Section 131100) in a county with an adopted…
- § 131241 (a) The county transportation authority shall consist of the members who are elected officials as specified in the county transportation expenditure plan or in…
- § 131242 The Secretary of Transportation shall convene the initial meeting of the county transportation authority at the county seat, within 90 days after the authority…
ARTICLE 2. Administration §§ 131260–131269 · 9 sections
- § 131260 A county transportation authority at its first meeting, and thereafter, after the first complete calendar year, annually at the first meeting in January, shall…
- § 131262 The majority of the members of a county transportation authority constitutes a quorum for the transaction of business, and all official acts of the authority…
- § 131263 The acts of a county transportation authority shall be expressed by motion, resolution, or ordinance.
- § 131264 All meetings of a county transportation authority shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section…
- § 131265 A county transportation authority shall do all of the following: (a) Adopt an annual budget and fix the compensation of its officers and employees. (b) Adopt…
- § 131266 Notice of the time and place of the public hearing for the adoption of the annual budget of a county transportation authority shall be published pursuant to…
- § 131267 A county transportation authority may appoint officers that it deems necessary to carry out its duties and functions.
- § 131268 Each member of a county transportation authority shall be compensated at the rate of one hundred dollars ($100) for each day attending the business of the…
- § 131269 A county transportation authority may enter into a contract with the Board of Administration of the Public Employees’ Retirement System, and the board may…
ARTICLE 3. Powers and Functions §§ 131280–131286 · 7 sections
- § 131280 A county transportation authority shall close its affairs and be terminated within 180 days after the completion of the projects listed in the county…
- § 131281 A county transportation authority may sue and be sued, except as otherwise provided by law, in all actions and proceedings, and in all courts and tribunals of…
- § 131282 All claims for money or damages against a county transportation authority are governed by Division 3.6 (commencing with Section 810) of Title 1 of the…
- § 131283 A county transportation authority may make contracts and enter into stipulations of any nature to indemnify and hold harmless, to employ labor, and to do all…
- § 131284 A county transportation authority may contract with any department or agency of the United States, with any public agency, including but not limited to, the…
- § 131285 Contracts for the purchase of supplies, equipment, and materials in excess of seventy-five thousand dollars ($75,000) shall be awarded to the lowest…
- § 131286 If, after rejecting bids received under Section 131285, the county transportation authority determines and declares by a two-thirds vote of all of its voting…
ARTICLE 4. Administration of Adopted County Transportation Plan §§ 131300–131304 · 5 sections
- § 131300 The county transportation authority shall administer the county transportation expenditure plan adopted pursuant to Section 131055.
- § 131301 The county transportation authority shall determine the use of the net revenues derived from the imposition of the retail transactions and use tax in…
- § 131302 A county transportation authority shall consult with, and coordinate its actions with, other transportation funding agencies when allocating the net revenues…
- § 131303 The county transportation authority shall prepare and adopt an annual report by January 1 of each year on the progress to achieve the objectives of completion…
- § 131304 Any amendment to a county transportation expenditure plan proposed by the county transportation authority which adds or deletes a project, or is of major…