CHAPTER 5. Powers and Functions of VTA [100110. - 100256.]
Heading of Chapter 5 amended by Stats. 2016, Ch. 381, Sec. 32.
§§ 100110–100256 · 51 sections
ARTICLE 1. Corporate Power §§ 100110–100115.5 · 7 sections
- § 100110 The VTA has perpetual succession and may adopt a seal and alter it at its pleasure.
- § 100111 The VTA may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
- § 100112 All claims for money or damages against the VTA are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided…
- § 100113 (a) The VTA shall not levy any tax pursuant to Section 100250 unless approved by the electors voting on the measure in accordance with Article XIIIC of the…
- § 100114 Except as otherwise provided in this part, VTA elections shall be called, held, and conducted as provided by the Uniform District Election Law.
- § 100115 The VTA may exercise any and all powers granted by any other law that, by its terms, is applicable to transit districts generally, to public agencies…
- § 100115.5 (a) The VTA may administer and implement any adopted countywide transportation expenditure plan funded in an amount greater than 50 percent from revenues…
ARTICLE 2. Contracts §§ 100120–100126 · 5 sections
- § 100120 The VTA may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including,…
- § 100121 The VTA may contract with any department or agency of the United States of America, with any public agency or with any person upon terms and conditions as the…
- § 100124 The VTA may insure against any accident or destruction of the system or any part thereof. The VTA may insure against loss of revenues from any cause…
- § 100125 The VTA may contract for the services of independent contractors.
- § 100126 The Santa Clara County Transit District, which was established with the approval of the voters in 1972, shall continue as an entity under the control of its…
ARTICLE 3. Property §§ 100130–100133 · 5 sections
- § 100130 The VTA may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and…
- § 100130.5 (a) The VTA may take by gift, or take or convey by grant, purchase, devise, or lease, and hold and enjoy, real and personal property of every kind within or…
- § 100131 (a) The VTA may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The VTA,…
- § 100132 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…
- § 100133 The VTA 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 or…
ARTICLE 4. Construction Manager/General Contractor Project Delivery Contracts §§ 100150–100156 · 7 sections
- § 100150 For purposes of this article, the following terms shall have the following meanings: (a) “Construction Manager/General Contractor method” or “CMGC” means the…
- § 100151 (a) Subject to the limitations of this article, the authority may utilize the CMGC project delivery method for public transit projects within its jurisdiction.…
- § 100152 Any public works project that is contracted for pursuant to this article shall be subject to the requirements of Section 1771.4 of the Labor Code.
- § 100153 (a) If a contract for CMGC services is entered into pursuant to this article and includes preconstruction services by the construction manager, the VTA shall…
- § 100154 Nothing in this article affects, expands, alters, or limits any rights or remedies otherwise available at law.
- § 100155 (a) Upon completion of a project using the CMGC project delivery method, the VTA shall prepare a progress report to the board of directors. The progress report…
- § 100156 (a) The provisions of this article are severable. If any provision of this article or its application is held invalid, that invalidity shall not affect other…
ARTICLE 4.5. Job Order Contracting §§ 100157–100157.9 · 4 sections
- § 100157 For purposes of this article, the following definitions apply: (a) “Job order contract” means an indefinite-quantity contract for repair, remodeling, or other…
- § 100157.5 (a) The VTA may enter into a job order contract. (b) The VTA shall not enter into a job order contract for work that is protected by collective bargaining…
- § 100157.7 (a) (1) If the VTA acts pursuant to the authorization in subdivision (a) of Section 100157.5, then the VTA, on or before January 1, 2027, shall submit to the…
- § 100157.9 This article shall remain in effect only until January 1, 2028, and as of that date is repealed.
ARTICLE 5. Transit Facilities and Service §§ 100160–100169 · 14 sections
- § 100160 The VTA may provide transit service for the transportation of passengers and their incidental baggage by any means.
- § 100160.1 The VTA may provide facilities, including streets and highways, for the movement of vehicles, bicycles, and pedestrians. All installations in state highways…
- § 100160.2 The VTA may enter into agreements with any city within the boundaries of the VTA or with the County of Santa Clara to improve a street, road, highway, or…
- § 100160.5 The VTA may operate charter bus service subject to the following limitations: (a) No bus equipment that is designed solely for charter service shall be…
- § 100160.6 (a) Notwithstanding Section 100160.5 or any other law, a district may provide charter bus service for the 2026 FIFA World Cup during the period from June 1,…
- § 100161 (a) The VTA may acquire, construct, own, operate, control, or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals, and any…
- § 100162 The VTA may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by an operator upon…
- § 100163 The board may contract with any public agency or person to provide transit or transportation facilities and services for the VTA.
- § 100164 (a) The VTA may construct and operate or acquire and operate transit works and facilities and may construct, acquire, and provide for repair and maintenance of…
- § 100165 The VTA may enter into agreements for the joint use of any property and rights by the VTA and any public agency or public utility operating transit facilities;…
- § 100166 The rates and charges, if any, for transit service furnished pursuant to this part shall be fixed by the board and shall be reasonable.
- § 100167 The VTA shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to operation of buses and to the…
- § 100168 The VTA shall be subject to the regulations of the Public Utilities Commission relating to safety appliances and procedures, and the commission shall inspect…
- § 100169 The VTA and any one or more school districts located within its boundaries may enter into agreements pursuant to which school transportation equipment may be…
ARTICLE 6. Public Grants, Loans and Contributions §§ 100170–100171 · 2 sections
- § 100170 The VTA may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions, grants, or loans from any public…
- § 100171 The VTA may obtain temporary transfers of funds in accordance with the last paragraph of Section 6 of Article XVI of the California Constitution.
ARTICLE 9. Retail Transaction and Use Tax §§ 100250–100256 · 7 sections
- § 100250 A retail transactions and use tax ordinance may be adopted by the board of directors in accordance with the provisions of Part 1.6 (commencing with Section…
- § 100251 Any transactions and use tax ordinance adopted shall be operative in accordance with Section 7265 of the Revenue and Taxation Code.
- § 100252 The VTA may contract with the State Board of Equalization for its service in the preparations necessary to administer a transaction and use tax ordinance. The…
- § 100253 Prior to the operative date of the transaction and use tax ordinance, the VTA shall contract with the State Board of Equalization to perform all functions…
- § 100254 If the VTA shall not have contracted with the State Board of Equalization prior to the operative date of its transaction and use tax ordinance, it shall…
- § 100255 Repeal of the transactions and use tax ordinance shall not be operative earlier than the first day of the first calendar quarter following the adoption of the…
- § 100256 Whenever a bond election is held to authorize a bonded indebtedness pursuant to Section 100400, the ordinance calling the election may include a statement that…