PART 4. ORANGE COUNTY TRANSIT DISTRICT [40000. - 40617.]
Part 4 added by Stats. 1965, Ch. 1899.
§§ 40000–40617 · 136 sections
CHAPTER 1. General Provisions §§ 40000–40014 · 12 sections
ARTICLE 1. Definitions §§ 40000–40006 · 7 sections
- § 40000 This part shall be known and cited as the “Orange County Transit District Act of 1965.”
- § 40001 Unless the context otherwise requires, the provisions of this article govern the construction of this part.
- § 40002 “District” means the Orange County Transit District formed under this part.
- § 40003 “Board” means the board of directors of this district.
- § 40004 “Voter” means any elector who is registered under the Elections Code.
- § 40005 “Transit” means the transportation of passengers only and their incidental baggage by means other than by chartered bus, sightseeing bus, or any other motor…
- § 40006 “Transit works” or “transit facilities” means all real and personal property, equipment, rights, or interests owned or to be acquired by the district for…
ARTICLE 2. General Provisions §§ 40010–40014 · 5 sections
- § 40010 It is necessary that a transit district be established in Orange County in order to provide an interim solution to the transit problem of this area pending…
- § 40011 The Orange County Transit District as created and established by the voters of the County of Orange comprises all that portion of the County of Orange lying…
- § 40012 Except as otherwise provided in this part elections shall be held and conducted and the result ascertained, determined, and declared in all respects as nearly…
- § 40013 Except as otherwise provided in this part all ordinances and notices which are required to be published shall be published within the district pursuant to…
- § 40014 Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system…
CHAPTER 3. Internal Organization of District §§ 40060–40098 · 22 sections
ARTICLE 1. Government §§ 40060–40062 · 3 sections
- § 40060 The members of the Orange County Transportation Authority, comprised as specified by Section 130052, shall serve as the board of directors of the district.
- § 40061 The board of directors shall select one of its members as chairman.
- § 40062 The board shall determine the number of, and appoint the officers of the district. Any officer of the Orange County Transportation Authority may also serve as…
ARTICLE 2. Powers and Duties of Directors §§ 40070–40081 · 11 sections
- § 40070 The chairman is the presiding officer of the board and he shall vote on the propositions passed upon by the board.
- § 40071 The first meeting of the board shall be held within 10 days after the board of supervisors certifies the results of the election to the Secretary of State…
- § 40072 The board shall select one of its members vice chairman, who shall preside in the absence of its chairman. The board shall provide for and select such officers…
- § 40073 All matters and things necessary for the proper administration of the affairs of the district which are not provided for in this part shall be provided for by…
- § 40074 The board shall supervise and regulate every transit facility owned and operated by the district, including the fixing of rates, rentals, charges and…
- § 40075 The board may either operate the transit system itself or a part thereof or it may contract with any other public or private agency or corporation to operate…
- § 40077 The board may, from time to time, contract for or employ any professional service required by the district or for the performance of work or services which…
- § 40078 (a) The Auditor of the County of Orange shall provide the board with an annual audit of all books and accounts of the district, unless an audit by a certified…
- § 40079 Payment of claims against the district and disbursement of district funds shall be in the manner provided for claims against a county and disbursements of…
- § 40080 None of the territory which is within the district shall be annexed to any other transit district unless the board, by resolution, approves the annexation of…
- § 40081 To facilitate the business of the district, the board may provide for the creation and administration of such funds as the needs of the district may require.…
ARTICLE 3. Meetings and Legislation §§ 40085–40089 · 4 sections
- § 40085 All meetings of the board shall be conducted in a manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950), Part 1, Division 2,…
- § 40086 A majority of the board constitutes a quorum for the transaction of business.
- § 40088 The acts of the board shall be expressed by motion, resolution or ordinance. No ordinance, resolution or motion shall have any validity or effect unless passed…
- § 40089 The enacting clause of all ordinances shall be as follows: “Be it ordained by the board of directors of the Orange County Transit District.” All ordinances…
ARTICLE 4. Other Officers §§ 40095–40098 · 4 sections
- § 40095 The board may appoint and fix the salary of a general manager who shall have full charge of the acquisition, construction, maintenance, and operation of the…
- § 40096 The board may designate the Treasurer, the Auditor, the County Counsel, and the Clerk of the County of Orange as the treasurer, auditor, counsel, and clerk of…
- § 40097 The treasurer shall be the custodian of the funds of the district and shall make payments only upon warrants duly and regularly signed by the chairman of the…
- § 40098 Notwithstanding any other provision of law which requires warrants to be paid by the county auditor, the district treasurer shall pay the warrant if sufficient…
CHAPTER 4. Labor Provisions §§ 40120–40129 · 12 sections
- § 40120 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…
- § 40121 No contract or agreement shall be made with any labor organization, association, group, or individual, or be assumed under the provisions of this section,…
- § 40122 If there is a question whether a labor organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters…
- § 40122.1 (a) The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of that board, as described in…
- § 40122.2 (a) Any charging party, respondent, or intervenor aggrieved by a final decision or order of the Public Employment Relations Board in an unfair practice case,…
- § 40123 Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, the…
- § 40124 Except as otherwise provided in Chapter 6.5 (commencing with Section 40221) of this part, the district shall not acquire any existing system or part thereof…
- § 40125 Notwithstanding the provisions of the Government Code, employees of this district may authorize and, upon such authorization, the district may make deductions…
- § 40126 The obligation of the district to bargain in good faith with a duly designated or certified labor organization and to execute a written collective bargaining…
- § 40127 The district may provide for a retirement system; provided, that the adoption, terms and conditions of any retirement system covering employees of the district…
- § 40128 The district shall take the necessary steps to obtain coverage for the district and its employees under Subchapter II of the federal Social Security Act, as…
- § 40129 The district shall take such steps as may be necessary to obtain coverage for the district and its employees under the workers’ compensation, unemployment…
CHAPTER 5. Retirement System § 40130 · 1 section
- § 40130 The Orange County Employees Retirement System and the laws relating thereto or as hereafter amended shall be applicable to the officers and employees of the…
CHAPTER 6. Powers and Functions of District §§ 40160–40201 · 19 sections
ARTICLE 1. Corporate Power §§ 40160–40163 · 4 sections
- § 40160 The district has perpetual succession and may adopt a seal and alter it at its pleasure.
- § 40161 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.
- § 40162 The district 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…
- § 40163 All the provisions of the County Transportation Commissions Act (Division 12 (commencing with Section 130000)), regarding the powers and functions of the…
ARTICLE 2. Contracts §§ 40165–40166 · 2 sections
- § 40165 The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise,…
- § 40166 No officer or employee of the district shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in…
ARTICLE 4. Property §§ 40175–40176 · 2 sections
- § 40175 The district may take by grant, purchase, gift, devise or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real…
- § 40176 Exercise of the powers provided under Section 40175 shall be undertaken in the same manner and pursuant to the same procedures as in the exercise of like…
ARTICLE 5. Transit Facilities and Service §§ 40180–40187 · 9 sections
- § 40180 The district may acquire, construct, own, operate, control or use rights-of-way, rail lines, buslines, stations, platforms, switches, yards, terminals and any…
- § 40180.5 The district may make bulk purchases of passenger tickets for scheduled passenger rail services provided by the National Railroad Passenger Corporation during…
- § 40181 The district may without limitation by any other provisions of this part requiring approval of indebtedness, accept contributions of money, rights-of-way,…
- § 40182 The district may acquire, construct, own, or operate air terminal facilities within the district and, with the consent of the county in which such facilities…
- § 40183 The district may lease or contract for the use of its transit facilities, or any portion thereof, to any operator, and may provide for subleases by such…
- § 40184 The district may construct and operate or acquire and operate works and facilities in, under, upon, over, across, or along any street or public highway or any…
- § 40185 The district may enter into agreements for the joint use of any property and rights by the district and any city, public agency or public utility operating…
- § 40186 The rates and charges for service furnished pursuant to this part shall be fixed by the board and shall be reasonable.
- § 40187 The district shall be subject to the provisions of Division 14.8 (commencing with Section 34500) of the Vehicle Code with respect to the operation of buses and…
ARTICLE 6. Indebtedness §§ 40200–40201 · 2 sections
- § 40200 The district shall have the power to obtain temporary transfers of funds in accordance with the last paragraph of Section 31, Article IV of the State…
- § 40201 The district may accept, without limitation by any other provisions of this part requiring approval of indebtedness, contributions or loans from the United…
CHAPTER 6.5. Existing Systems §§ 40221–40224 · 6 sections
- § 40221 As used in this chapter: (a) “Establish” includes establish, construct, complete, acquire, extend, or reroute. It does not, however, include the maintenance…
- § 40222 Notwithstanding any other provision of this part, before the district may propose to establish any transit service or system which may at any time divert,…
- § 40222.5 The district shall not establish the proposed service or system, or maintain and operate the service or system until it has completed the purchase of the…
- § 40223 The purchase price to be paid for the existing system, or any portion thereof to be purchased, shall be the reproduction cost new, including going concern…
- § 40223.5 The district and the public utility operating the existing system may agree upon the purchase price or they may agree that the purchase price is to be…
- § 40224 Section 851 does not apply to any contract for sale or sale of an existing system, or any portion thereof, pursuant to this chapter, and the Public Utilities…
CHAPTER 7. Bonds §§ 40225–40266 · 20 sections
ARTICLE 1. Issuance §§ 40225–40237 · 9 sections
- § 40225 The district may from time to time incur a bonded indebtedness as provided in this chapter to pay the cost of acquiring, constructing or completing the whole…
- § 40226 Whenever the board by resolution passed by vote of two-thirds of all its members determines that the public interest or necessity demands the acquisition,…
- § 40231 The ordinance calling a special bond election shall fix the date on which the election will be held, and the manner of holding the election and of voting for…
- § 40232 Propositions for incurring indebtedness for more than one object or purpose may be submitted at the same election.
- § 40233 Any special bond election may be held separately, or may be consolidated with any other election authorized by law at which the voters of the district may…
- § 40234 The ordinance shall be published, and no other notice of election need be given.
- § 40235 The board shall comply with Article 3 (commencing with Section 9160) of Chapter 2 of Division 9 of the Elections Code, the provisions of which are applicable…
- § 40236 The votes of sixty percent (60%) of all voters voting on the proposition at the election are required to authorize the issuance of bonds under this chapter.
- § 40237 If the proposition submitted at a special bond election fails to receive the requisite number of votes, the board shall not within six months after the…
ARTICLE 2. Form and Content §§ 40240–40243 · 4 sections
- § 40240 Bonds authorized by this chapter shall mature serially in amounts to be fixed by the board; except that payment shall begin not later than 10 years from the…
- § 40241 The bonds shall be issued in such denominations as the board determines, except that no bonds shall be issued of a denomination less than one thousand dollars…
- § 40242 The board may at any time prior to the issuance and sale of any bonds provide for the call and redemption of any or all of the bonds on any interest payment…
- § 40243 The bonds shall be signed by the chairman of the board or by such officer of the district as the board shall by resolution authorize and designate for that…
ARTICLE 3. Issue and Sale §§ 40245–40246 · 2 sections
- § 40245 The bonds may be issued and sold for not less than their par value, but otherwise as the board determines. Before selling any bonds, or any part thereof, the…
- § 40246 All premiums and accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the…
ARTICLE 4. Status as Investments §§ 40260–40261 · 2 sections
- § 40260 All bonds including refunding bonds issued by a district are legal investments for all trust funds and for the funds of all insurance companies, banks, both…
- § 40261 All bonds of the district, to the same extent as bonds of any other municipality, are legal for use by any state or national bank or banks in the state as…
ARTICLE 5. Validation § 40263 · 1 section
- § 40263 An action to determine the validity of bonds, including refunding bonds, may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part…
ARTICLE 6. Revenue Bonds §§ 40265–40266 · 2 sections
- § 40265 As an alternative procedure for the raising of funds, the district may issue bonds, payable from revenues of any facility or enterprise to be acquired or…
- § 40266 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…
CHAPTER 8. Taxation §§ 40300–40336 · 18 sections
ARTICLE 1. Property Taxation §§ 40300–40310 · 11 sections
- § 40300 The district may levy and collect, or cause to be collected, taxes for any lawful purpose subject to a maximum limit of five cents ($0.05) per one hundred…
- § 40301 If, in the opinion of the board, the transit operation revenues will not be sufficient for any and all lawful purposes, the board shall levy a tax for such…
- § 40302 The board shall, as part of the general tax levy as set forth in Section 40300 levy and collect annually until the district’s bonds are paid, or until there is…
- § 40303 The board may provide for the assessment, levy, and collection of taxes by the district, including the sale of property to the district for delinquent taxes,…
- § 40304 The board shall avail itself of the assessments made by the assessor of the county and of the assessments made by the State Board of Equalization for the…
- § 40305 In such case, the county auditor shall, on or before the third Monday in August of each year, transmit to the board a statement, in writing, showing the total…
- § 40306 The board shall, on or before the first day of September, fix the rate of taxes, designating the number of cents upon each one hundred dollars ($100) using as…
- § 40307 The board shall immediately, after fixing the rate of taxes as provided in Section 40306, transmit to the county auditor of the county a statement of the rate…
- § 40308 The district’s taxes so levied shall be collected at the same time and in the same manner as county taxes. When collected, the net amount, ascertained as…
- § 40309 Whenever any real property has been sold for taxes and has been redeemed, the money paid for redemption shall be apportioned and paid to the district by the…
- § 40310 All taxes levied under this article are a lien on the property on which they are levied. The enforcement of the collection of such taxes shall be in the same…
ARTICLE 2. Transactions and Use Taxes and Revenue Bonds §§ 40330–40336 · 7 sections
- § 40330 Transactions and use taxes (to be designated in the ballot proposition set forth in Section 40334 as a “sales tax”) may be imposed by the board in accordance…
- § 40331 Any transactions and use taxes ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more…
- § 40332 (a) The revenues from the taxes imposed pursuant to this article may be used for any lawful purpose of the district. (b) During the first three years the taxes…
- § 40333 The taxes authorized by this article shall not be imposed unless the board shall have authorized it by ordinance adopted by a vote of two-thirds of all members…
- § 40334 The actual wording of the proposition on any short form of ballot card, label, or other device, regardless of the system of voting used, shall read as follows:…
- § 40335 The board is authorized to impose a maximum tax rate of 1 percent under this article and the board may state the maximum tax rate in terms of not to exceed 1…
- § 40336 The district is hereby authorized to issue revenue bonds, payable, in whole or in part, from revenues made available under this article. Such revenues are…
CHAPTER 9. Dissolution §§ 40500–40507 · 8 sections
- § 40500 The board may call an election any time for the purpose of submitting to the voters of the district the question of whether the district will be dissolved.…
- § 40501 The election for the purpose of submitting to the voters of the district the question of whether or not the district shall be dissolved shall be held on the…
- § 40502 Notice of any election for dissolution, whether called because of the filing of a petition or ordered by the board without petition, shall be published. The…
- § 40503 The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and…
- § 40504 The board shall canvass the vote. If a majority of the votes favor dissolution, the board shall by resolution dissolve the district.
- § 40505 The board shall file a certified copy of the resolution with the Secretary of State and for record in the office of the county recorder.
- § 40506 Upon dissolution the right, title, and interest to property owned or controlled by the district situated within the limits of any city vests absolutely in the…
- § 40507 The board of supervisors is, ex officio, the governing body of the dissolved district. It may levy taxes and assessments and perform other acts necessary to…
CHAPTER 10. Consolidation with Other Districts §§ 40600–40617 · 18 sections
- § 40600 The district may be consolidated with the Southern California Rapid Transit District organized and operating pursuant to Part 3 (commencing with Section 30000)…
- § 40601 Whenever the board finds and determines that: (a) The Southern California Rapid Transit District is willing to annex the territory comprising the district; (b)…
- § 40602 The board shall thereafter, by resolution setting forth the terms and conditions of the proposed contract at length, declare its intention to cause the…
- § 40603 The resolution, together with a notice fixing the time and place for hearing thereon, shall be published once in a newspaper of general circulation published…
- § 40604 At the hearing any interested person may file with the board written objections to the approval of the terms and conditions of the proposed contract or the…
- § 40605 Upon the hearing, the board shall determine whether or not the terms and conditions of the contract will be approved and the consolidation effected, and shall…
- § 40606 Any hearing on the agreement and consolidation may be adjourned from time to time by the board, not exceeding 30 days in all, without further notice other than…
- § 40607 If no protests are filed, or if the protests filed are overruled and denied by the board, the board shall thereupon by resolution finally approve the terms and…
- § 40608 At any time after the board of directors of the district has finally approved the agreement the Board of Supervisors of Orange County shall cause an election…
- § 40609 Notice of election shall be published once a week for two successive weeks (two publications) in a newspaper of general circulation published within the…
- § 40610 The ballots for the election shall contain substantially the instructions required to be printed on ballots for use at general state and county elections and…
- § 40611 If upon a canvass of the election it is found that a majority of all votes cast on the proposition at the election were cast in favor of the consolidation, the…
- § 40612 If the proposition fails to carry, the result shall be entered upon the minutes of the Board of Supervisors of Orange County.
- § 40613 If the proposition receives the vote of the requisite majority of voters, the Board of Supervisors of Orange County shall enter in its minutes an order…
- § 40614 Upon receipt by the Southern California Rapid Transit District of a copy of the consolidation agreement properly executed by the district and Orange County the…
- § 40615 From and after the date of consolidation the board of directors of the Southern California Rapid Transit District shall levy upon all of the property in the…
- § 40616 The validity of any consolidating proceedings shall not be contested in any action unless the action is brought within three (3) months after the completion of…
- § 40617 Upon the completion of such consolidation procedure, the Orange County Transit District shall be deemed to be dissolved. Thereafter, all property and assets of…