DIVISION 15. FRESNO COUNTY TRANSPORTATION AUTHORITY [142000. - 142277.]

Division 15 added by Stats. 1986, Ch. 301, Sec. 4.

§§ 142000–142277 · 59 sections

1. CHAPTER 1. General Provisions §§ 142000–142010 · 10 sections

   • § 142000 This division shall be known and may be cited as the Fresno County Transportation Improvement Act.
   • § 142001 The Legislature hereby finds and declares all of the following: (a) In Fresno County, regional transportation improvements and local transportation…
   • § 142002 It is the intent of the Legislature that funds generated pursuant to this division not replace property tax revenues which would otherwise be expended for…
   • § 142003 This division shall be liberally construed in order to effectuate its purposes. No inadvertent error, irregularity, informality, or the inadvertent neglect or…
   • § 142004 “Authority” means the Fresno County Transportation Authority created pursuant to this division in the County of Fresno.
   • § 142005 “Board of supervisors” means the Fresno County Board of Supervisors.
   • § 142006 “County” means the County of Fresno.
   • § 142007 “Fresno-Clovis Metropolitan Area” means that area within the adopted spheres of influence of the Cities of Fresno and Clovis, as approved and amended by the…
   • § 142008 “Transportation planning agency” means the Council of Fresno County Governments or any other agency which may be designated by the Governor as responsible for…
   • § 142010 The authority is terminated two years from the last day on which the transactions and use tax authorized by this division is collected and as of that date this…
2. CHAPTER 2. Creation Of The Authority §§ 142050–142052 · 3 sections

   • § 142050 The Fresno County Transportation Authority is hereby continued in the county, as originally created by this section.
   • § 142051 The authority shall consist of nine members selected as follows: (a) Two members of the board of supervisors appointed by the board, consisting of one member…
   • § 142052 (a) Except for the Mayor of the City of Fresno, the members of the authority shall serve for a term of two years. (b) If any member other than the public…
3. CHAPTER 3. Administration §§ 142100–142109 · 10 sections

   • § 142100 The authority, at its first meeting, and thereafter annually at the first meeting in January, shall elect a chairperson who shall preside at all meetings, and…
   • § 142101 The authority shall adopt rules for its proceedings consistent with the law of the state.
   • § 142102 A majority of the members of the authority constitutes a quorum for the transaction of business, and all official acts of the authority require the affirmative…
   • § 142103 The acts of the authority shall be expressed by motion, resolution, or ordinance.
   • § 142104 All meetings of the authority shall be conducted pursuant to Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5 of the Government…
   • § 142105 The authority shall do all the following: (a) Adopt an annual budget. (b) Adopt an administrative code, by ordinance, which prescribes the powers and duties of…
   • § 142106 The authority may hire an independent staff of its own or contract with any department or agency of the United States or with any public agency to implement…
   • § 142107 The authority shall fix the compensation of its officers and employees.
   • § 142108 (a) Notice of the time and place of a public hearing on the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code…
   • § 142109 (a) The authority shall rely, to the extent possible, on existing state, regional, and local transportation planning and programming data and expertise, rather…
4. CHAPTER 4. Powers and Functions §§ 142150–142155 · 6 sections

   • § 142150 The authority may adopt a seal and alter it at its pleasure.
   • § 142151 The authority may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
   • § 142152 All claims for money or damages against the authority are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code, except as…
   • § 142153 The authority may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
   • § 142154 The authority may contract with any department or agency of the United States, with any public agency, including, but not limited to, the Department of…
   • § 142155 (a) Contracts for the purchase of services, supplies, equipment, and materials in excess of ten thousand dollars ($10,000) shall be awarded to the lowest…
5. CHAPTER 5. Transportation Coordination §§ 142200–142201 · 2 sections

   • § 142200 The authority shall consult with, and coordinate its actions to secure funding for the completion and improvement of the priority regional transportation…
   • § 142201 The authority shall prepare and adopt an annual report each year on progress made to achieve the objective of improving transportation conditions related to…
6. CHAPTER 6. Transactions and Use Taxes §§ 142250–142277 · 28 sections

   • § 142250 (a) A retail transactions and use tax ordinance, applicable in the incorporated and unincorporated territory of the county may be imposed by the authority in…
   • § 142251 The authority, in the retail transactions and use tax ordinance, shall state the nature of the tax to be imposed, shall provide the tax rate or rates or the…
   • § 142252 (a) The county shall conduct an election called by the board of supervisors to implement this chapter pursuant to Section 142250, and the authority shall…
   • § 142253 Any retail transactions and use tax ordinance adopted pursuant to this chapter shall be operative on the first day of the first calendar quarter commencing…
   • § 142254 The revenues from the retail transactions and use taxes imposed pursuant to this chapter may be allocated by the authority for the administration of this…
   • § 142255 A county transportation expenditure plan shall be prepared by the transportation planning agency for the expenditure of the revenues expected to be derived…
   • § 142256 (a) A county transportation expenditure plan shall not be adopted by the authority until it has received the approval of the board of supervisors and of the…
   • § 142257 (a) The expenditure plan shall specify the amount and the formula by which the retail transactions and use tax shall be allocated to each city and the county…
   • § 142258 (a) Except as otherwise provided by Section 142260, the transportation planning agency may amend the expenditure plan. The transportation planning agency, at a…
   • § 142259 Amendments to the expenditure plan adopted pursuant to Section 142255 are to provide for the use of additional federal, state, and local funds, to account for…
   • § 142260 (a) The authority may, by the affirmative vote of a majority of the members, approve the updated expenditure plan adopted pursuant to Section 142258. (b) The…
   • § 142261 If a retail transactions and use tax is adopted pursuant to this chapter, the authority shall prepare and submit a report to the Department of Transportation,…
   • § 142262 The authority, subject to the approval of the voters, may impose the retail transactions and use tax at a maximum rate of one-half of 1 percent under this…
   • § 142263 (a) The board of supervisors, or its designee, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, shall seek…
   • § 142264 (a) The bonds authorized by the voters concurrently with the approval of the retail transactions and use tax may be issued by the authority at any time, and…
   • § 142265 Limited tax bonds shall be issued pursuant to a resolution adopted at any time by an affirmative vote of a majority of the members of the authority. Each…
   • § 142266 (a) A resolution authorizing the issuance of limited tax bonds shall state all of the following: (1) The purpose for which the proposed debt is to be incurred,…
   • § 142267 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…
   • § 142268 In the resolution authorizing the issuance of the bonds, the authority may also provide for call and redemption of the bonds prior to maturity at the times and…
   • § 142269 The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the auditor-controller-treasurer of the…
   • § 142270 (a) The bonds, or each series thereof, shall be dated and numbered consecutively and shall be signed by the chairperson or vice chairperson of the authority…
   • § 142271 The bonds may be sold as the authority determines by resolution. The authority may sell the bonds at a price below par, whether by negotiated or public sale.
   • § 142272 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.
   • § 142273 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 principal of, and interest on,…
   • § 142274 (a) The authority may provide for the issuance, sale, or exchange or refunding bonds to redeem or retire any bonds issued by the authority upon the terms, at…
   • § 142275 (a) The authority may borrow money in anticipation of the sale of bonds which have been authorized pursuant to this chapter, but which have not been sold and…
   • § 142276 Any bonds issued under this chapter are legal investments for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust…
   • § 142277 Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this chapter, or the issuance of…