BlackletterCalifornia law

PART 3. BRIDGE AND HIGHWAY DISTRICTS [27000. - 27567.]

Part 3 added by Stats. 1943, Ch. 286.

§§ 27000–27567 · 174 sections

  1. CHAPTER 1. General Provisions §§ 27000–27007 · 8 sections
    • § 27000 This part may be cited as the Bridge and Highway District Act.
    • § 27001 As used in this part “district” means a bridge and highway district unless the context clearly indicates otherwise.
    • § 27002 As used in this part “board” means the board of directors of the district unless the context clearly indicates otherwise.
    • § 27003 As used in this part, “contiguous counties” include those counties separated by any of the waters of this State.
    • § 27004 As used in this part, “tolls” include tolls, charges, rentals, rates, traffic charges, and other income and revenue actually received or receivable by, or for…
    • § 27005 In any county having a registrar of voters, the powers conferred and the duties imposed by this part upon the county clerk in relation to matters of election…
    • § 27006 Except as otherwise provided in this part, all elections held by the district shall be conducted as nearly as practicable in accordance with the general…
    • § 27007 No irregularity or informality in conducting any district election which has been otherwise fairly conducted shall invalidate or affect the election.
  2. CHAPTER 2. Ordinance of Intention §§ 27020–27026 · 7 sections
    • § 27020 A bridge and highway district may be organized and incorporated in accordance with this part. When so incorporated it shall be entitled to exercise the powers…
    • § 27021 A district may consist of part or all of one or more contiguous counties.
    • § 27022 Proceedings for the incorporation of a district may be instituted by the adoption of an ordinance by the board of supervisors of each county desiring to form a…
    • § 27023 The ordinance of intention shall provide that a petition for the formation of the district be circulated, and the board of supervisors shall, by resolution…
    • § 27024 The ordinance of intention may also contain a distinctive corporate name for the proposed district.
    • § 27025 The ordinance of intention may be adopted by the board of supervisors at any time after application shall be made to it for that purpose. If the board of…
    • § 27026 If the ordinance is adopted by the board of supervisors, it shall be subject to the referendum provisions applicable to ordinances generally in the county.
  3. CHAPTER 3. Proceeding by Petition §§ 27040–27048 · 9 sections
    • § 27040 The petition for the formation of the district shall give the name of the district, which shall be the legal name under which the district shall be known, and…
    • § 27041 If only part of any county is proposed to be included in the district, the extent of the part of the county included may be indicated by naming the county and…
    • § 27042 Attached to each copy of the petition shall be a copy of the ordinance providing for its circulation.
    • § 27043 The petition circulated in each county may consist of any number of separate copies of the original instrument and shall be signed by voters residing within…
    • § 27044 The copies of the petition from each county shall be grouped or fastened together and submitted to the county elections official of that county for examination…
    • § 27045 If the county elections official finds that the copies of the petition are not signed by the requisite number of registered voters residing within the county…
    • § 27046 The county elections official shall within 30 days after the filing of the supplemental copies of the petition examine and verify each of the signatures…
    • § 27047 If the petition as supplemented contains a sufficient number of signatures the county elections official shall present it with the certificate to that effect…
    • § 27048 If the certificate of the county elections official shows that any petition as originally filed or as supplemented is insufficient he or she shall so certify…
  4. CHAPTER 4. Proceeding by Election §§ 27060–27063 · 4 sections
    • § 27060 The board of supervisors of any county may, instead of proceeding by petition, call a special election for the purpose of submitting the question of the…
    • § 27061 If a majority of the registered voters voting at the election vote in favor of including the county or a specified part thereof in the district, the county or…
    • § 27062 The election shall be called and held in accordance with the Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the…
    • § 27063 The county elections official shall certify the results of the election to the Secretary of State together with a copy of the action of the board of…
  5. CHAPTER 5. Exclusion of Counties Proposed for Inclusion in the District §§ 27080–27083 · 4 sections
    • § 27080 If, within 120 days after application is made to it the board of supervisors of any county named in the petitions from other counties engaged in the formation…
    • § 27081 The Secretary of State shall file the affidavit with the certificate attached and he shall exclude the county from which the affidavit and certificate have…
    • § 27082 If an ordinance declaring it to be the intention of a county to become part of the district has been submitted to the people and has failed to be adopted, that…
    • § 27083 If a county which is excluded because no ordinance of intention is adopted by it, separates another county, from which sufficient petitions have been received…
  6. CHAPTER 6. Incorporation of the District §§ 27100–27113 · 14 sections
    • § 27100 When all of the petitions, or certifications of the result of elections have been received from the county elections officials of the counties having any…
    • § 27101 The petition and notice shall be published for at least three weeks prior to the last day in which protests may be filed in at least one and not to exceed…
    • § 27102 Neither the names attached to the petition, nor the certificates of any of the county elections officials, need be published with the petition. It shall be…
    • § 27103 Any owner of property which is subject to taxation within the boundaries of the proposed district may, within the time specified, protest against the formation…
    • § 27104 The Secretary of State shall attach the protests which he receives from each county to the petition filed from that particular county, and forward the petition…
    • § 27105 At the time specified in the notice, or at such other time to which the said hearing may be continued, the superior court shall have jurisdiction to hear and…
    • § 27106 The superior court shall have jurisdiction to exclude any lands from the proposed district, together with any other lands contiguous to the excluded lands, and…
    • § 27107 The judgment of the superior court shall not be appealable, and all questions of fact therein contained shall be final and conclusive.
    • § 27108 The judgment shall only be subject to review by the Supreme Court of this State, upon a writ of review issued out of that court in such cases as writs of…
    • § 27109 After the judgment of the court has become final the county elections official shall certify the judgment together with the petition and the protests which he…
    • § 27110 When the results of the final judgments upon all protests have been certified to the Secretary of State, he shall issue his certificate of incorporation…
    • § 27111 Upon the issuance of the certificate of incorporation the district shall come into existence and shall have all the rights, powers and privileges expressly or…
    • § 27112 After the Secretary of State has issued his certificate of incorporation of the district, the sufficiency of any petition shall not be subject to judicial…
    • § 27113 No informality in any proceeding not substantially affecting adversely the legal rights of any person shall invalidate the incorporation of any district. All…
  7. CHAPTER 7. Appointment and Tenure of the Board of Directors §§ 27120–27125 · 5 sections
    • § 27120 Within five days after the issuance of the certificate of incorporation, the Secretary of State shall notify the boards of supervisors of each of the counties…
    • § 27121 Within 30 days after the receipt of the notice of incorporation of the district each of the boards of supervisors so notified shall appoint the persons to…
    • § 27123 Those directors appointed by the board of supervisors of a county shall be appointed by resolution of the board of supervisors, and a copy of the resolution…
    • § 27124 All directors shall serve at the pleasure of the appointing authority; provided, that notwithstanding this section and Section 27122, any director in office on…
    • § 27125 Any vacancy in the board shall be filled by appointment by the appointing authority which originally appointed the director whose position has become vacant.
  8. CHAPTER 8. Organization and Powers of the Board and the Executive Officers §§ 27140–27154 · 15 sections
    • § 27140 The board shall be the governing body of the district and shall outline rules of policy, approve plans, and vote or withhold appropriations to carry the same…
    • § 27141 Within two weeks after the Secretary of State has received certified copies of the resolutions of the board of supervisors of each county in the district,…
    • § 27142 At the first meeting the board shall organize by choosing one of its members as president, and choosing a secretary, who shall not be a member of the board. At…
    • § 27143 All meetings of the board, whether regular or special, shall be open to the public. A majority of the board shall constitute a quorum for the transaction of…
    • § 27144 The board shall adopt rules to govern its proceedings, including the use of motions in connection with such proceedings.
    • § 27145 The board shall select an office and place of business within the district.
    • § 27146 For the purpose of considering questions relating to the bridge and highway district generally or local questions affecting a particular county or group of…
    • § 27147 All official action of the board shall be by ordinance or resolution. The ayes and noes shall be taken upon the passage of all ordinances and resolutions, and…
    • § 27148 The enacting clause of all ordinances passed by the board shall be “Be it ordained by the board of directors of ____ bridge and highway district as follows:”…
    • § 27149 Each member of the board shall receive the sum of fifty dollars ($50) for attending each meeting of the board and each committee meeting on different days, but…
    • § 27150 The board shall at its first meeting, or as soon thereafter as practicable, appoint by a majority vote a general manager, an auditor and a secretary. No…
    • § 27151 The general manager shall be the executive officer of the district. He shall employ and discharge at pleasure all subordinate officers, employees and…
    • § 27152 The board shall appoint an attorney and all subordinate officers not provided to be appointed by the general manager, and shall fix their salaries. Subordinate…
    • § 27153 The board may change the name of the district by resolution, which shall become effective upon the filing of a certified copy of the resolution with the…
    • § 27154 Notwithstanding any contrary provision of law, or any limitation or restriction contained in any law, the board may: (a) Invest and reinvest all or any part of…
  9. CHAPTER 9. District Powers §§ 27160–27179 · 25 sections
    • § 27160 The district shall have perpetual succession and acting through the board shall have the powers prescribed in this chapter in addition to any others expressly…
    • § 27161 The district may sue and be sued in its corporate name in all actions and proceedings in all courts and tribunals of competent jurisdiction.
    • § 27162 The district may adopt a seal and alter it at pleasure.
    • § 27163 The district may take by grant, purchase, gift, devise, or lease, or otherwise acquire, and hold, use, and enjoy, real and personal property of every kind…
    • § 27164 The district may acquire, or contract to acquire, and may construct under contract, or by its own employees, maintain, improve, and operate bridges, abutments,…
    • § 27165 The district may acquire by purchase, gift or condemnation, or lease from the United States, this State, or from any person, or public or private corporation,…
    • § 27166 The district may exercise the right of eminent domain to take any property necessary to the exercise of the powers granted in this part, or in any provision of…
    • § 27167 The district may borrow money, incur indebtedness and issue bonds or other evidences of such indebtedness; and refund or retire any indebtedness or lien that…
    • § 27168 The district may purchase or condemn any works which might be constructed by the district, whether completed or partly completed, and conduct and manage the…
    • § 27169 The district may have taxes levied and collected in accordance with the provisions of this part for the purpose of paying running expenses, organization…
    • § 27170 The district may make contracts, employ labor, and all kinds of employees, whether skilled or unskilled, for the purpose of carrying on the business of the…
    • § 27171 The district may establish all necessary rules, regulation or conditions under which the property of the district may be used by the public and fix and collect…
    • § 27172 The district may do all things necessary for the complete exercise of the powers described in this chapter.
    • § 27173 The work of constructing, repairing, relocating, or otherwise providing any of the highways or approaches composed of the structures or improvements mentioned…
    • § 27173.8 Every purchase or contract made in violation of the competitive bidding requirements of this part shall be void.
    • § 27174 The district may contract with the State for the construction, repair or relocation of highways or approaches to any structure or improvement maintained or…
    • § 27174.1 (a) The district may adopt rules and regulations not inconsistent with the Vehicle Code for the control of traffic on any facility of travel constructed by the…
    • § 27174.2 (a) Every person who, without permission of the board or its authorized officers or agents, climbs upon any railing, cable, suspender rope, tower, or…
    • § 27174.3 Every person who stands in the roadway or on the sidewalk of any district toll bridge, or the approaches thereto, for the purpose of soliciting a ride from the…
    • § 27175 The district shall cause to be published and made available to the public at the toll gates of any facilities of travel constructed by the district, copies of…
    • § 27176 Violation of any rules or regulations provided for in Section 27174.1, notice of which has been given by a sign on the facility of travel constructed by the…
    • § 27177 The California Highway Patrol shall have the authority and it shall be its duty to provide for proper and adequate policing of all facilities of travel…
    • § 27177.5 A towing service may be maintained by a bridge and highway district on each vehicular crossing under its jurisdiction, and said district may furnish such…
    • § 27178 Within the district, the Department of Transportation may restrict any portion of a state highway to a particular mode of vehicular transportation during such…
    • § 27179 A bridge and highway district may contract with the State to furnish regular highway patrol officers to serve for 24-hour police or patrol duty on the bridge…
  10. CHAPTER 10. Duties of District Officers §§ 27180–27189 · 10 sections
    • § 27180 The president shall sign all contracts on behalf of the district, and perform such other duties as may be imposed by the board.
    • § 27181 The secretary shall countersign all contracts on behalf of the district and perform such other duties as may be imposed by the board. The secretary shall…
    • § 27182 The auditor under the direction of the board of directors shall install and maintain a system of auditing and accounting which shall completely show the…
    • § 27183 The engineer, under the direction of the general manager, shall have full charge of the constructions and of the works of the district. No person shall serve…
    • § 27184 The attorney shall have full charge of the legal matters pertaining to the district, and shall be the legal adviser to the board, the general manager, and all…
    • § 27185 The board shall designate a bank or a savings and loan association of good standing, or both, as a depositary for district funds. The board may also designate…
    • § 27186 The general manager, secretary, auditor, engineer, and attorney, and any other officers or employees of the district who may be required to do so by the board,…
    • § 27187 After the organization of the district the board, the general manager, and all of the other officers of the district shall prepare plans, both engineering and…
    • § 27188 The board of directors shall, for the protection of a bridge and highway district, insure any bridge or other facility constructed or acquired under the…
    • § 27189 In cases of great emergency, including but not limited to states of emergency as defined in subdivision (b) of Section 8558 of the Government Code, the board…
  11. CHAPTER 10.5. Claims § 27190 · 1 section
    • § 27190 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
  12. CHAPTER 10.6. Annual Audit of the District §§ 27195–27196 · 2 sections
    • § 27195 (a) The district shall contract with a certified public accountant or public accountant to make an annual audit, the scope and content of which shall be…
    • § 27196 The accountant who is under contract to perform the audit provided for in Section 27195 may at any reasonable time and place examine the books and records of…
  13. CHAPTER 11. Taxation for Preliminary District Expenses §§ 27200–27206 · 7 sections
    • § 27200 No taxes shall be levied under the provisions of this chapter for the purpose of carrying out new projects undertaken by the district after the original…
    • § 27201 During July of each year the board shall determine the amount of money required by the district which must be raised by taxation, and shall fix a rate of…
    • § 27202 All running expenses of the district prior to the time the works of the district are earning revenue, being a part of the cost of constructing or acquiring or…
    • § 27203 Within a reasonable time prior to the time that the boards of supervisors of the counties having any portion of their territory within the boundaries of the…
    • § 27204 All county officers charged with the duty of collecting taxes shall collect district taxes at the same time and in the same form and manner as county taxes are…
    • § 27205 Taxes levied by the board of supervisors of a county for the benefit of the district shall be a lien upon all property within the district, and shall have the…
    • § 27206 If during the month of July next preceding the expiration of the time estimated for the construction of the works it shall appear to the board that the…
  14. CHAPTER 12. Authority for Issuance and Sale of District Bonds §§ 27220–27229 · 9 sections
    • § 27220 Whenever the board deems it necessary for the district to incur a bonded indebtedness it shall, by resolution so declare. The resolution shall contain: (a) A…
    • § 27221 The board shall fix a date upon which a special election shall be held for the purpose of authorizing the bonded indebtedness to be incurred and shall provide…
    • § 27222 The board shall give notice of the holding of the election. The notice shall: (a) Refer to the resolution adopted by the board calling the election. (b)…
    • § 27223 The notice shall be published for two weeks in at least one newspaper and not more than three newspapers designated by the board, which are published in each…
    • § 27224 All the expenses of holding the election shall be borne by the district.
    • § 27225 The returns of the election shall be made and the votes canvassed by the board within 30 days after the holding of the election, and the results thereof…
    • § 27226 If more than two-thirds of the votes cast at the election are in favor of incurring the indebtedness, the board may by resolution at any time it deems proper…
    • § 27227 All bonds issued by the district shall be legal investments for savings banks, and shall have the same force and effect and shall be equivalent to bonds issued…
    • § 27229 Whenever the board deems it necessary or advisable to refund any outstanding bonds, it may, by resolution, declare such necessity or advisability and outline a…
  15. CHAPTER 13. Issuance of District Bonds and Disposition of Surplus Proceeds §§ 27240–27250 · 10 sections
    • § 27240 At or before the time of issuing any bonds the board shall estimate: (a) The total cost of constructing or acquiring or both the works for which the bonds are…
    • § 27241 If the estimated amount of bonds required to pay the estimated cost and interest exceeds the total amount of bonds theretofore authorized, the board may submit…
    • § 27242 Bonds may be issued in accordance with the estimate in such amounts not exceeding the total amount of bonds authorized as will produce a sum sufficient to pay…
    • § 27243 Prior to the preparation of definitive bonds the board may issue temporary bonds of any denomination and with or without coupons and subject to the same…
    • § 27244 If, after any bond has been duly signed by any properly authorized officer, that officer ceases to hold office, the bond may nevertheless be delivered with the…
    • § 27245 The district bonds may be made registerable as to principal alone or as to both principal and interest under such terms and conditions as may be fixed by the…
    • § 27247 If after paying the cost of constructing or acquiring or both the works and interest on the bonds during the actual period of construction and for a period of…
    • § 27248 The money in the reserve interest fund shall be deposited in the same manner as other funds of the district or invested in securities which are legal…
    • § 27249 If the surplus from the proceeds of the bonds exceeds one year’s interest on the bonds, the balance shall be placed in the fund for the payment of the…
    • § 27250 A district formed under this part may issue either general obligation bonds or revenue bonds secured solely by tolls.
  16. CHAPTER 14. Rights of Way for District Works §§ 27260–27262 · 3 sections
    • § 27260 The board may construct works across any stream, strait, bay, water course, street, avenue, highway, railway, canal, ditch, or flume which the route of the…
    • § 27261 Every person, city or county or public corporation whose right of way is intersected or crossed by the works of the district shall cooperate with the board in…
    • § 27262 The necessary right of way is hereby given, dedicated and set apart to the district to locate, construct and maintain works over and through any of the lands…
  17. CHAPTER 15. Toll Charges §§ 27280–27282 · 3 sections
    • § 27280 The board shall fix all tolls for the use of the facilities of travel constructed by the district, and shall collect such tolls through the general manager.
    • § 27281 The general manager shall furnish the board with an estimate of the tolls necessary to pay the obligations of the district. The board shall, upon the…
    • § 27282 The board may fix tolls for travel in one direction only on a facility of travel constructed by the district, with no tolls collected for travel in the other…
  18. CHAPTER 16. Disposition and Maintenance of Adequate District Revenues §§ 27300–27305 · 4 sections
    • § 27300 The board may in each fiscal year set aside in separate funds out of the revenues of the works a sufficient sum to: (a) First, pay the operating expenses of…
    • § 27301 For the purpose of paying the principal or interest of bonds due or to become due within four months, and not otherwise adequately provided for, the district…
    • § 27304 After the completion of construction of the works, the board shall, in the month of July in each year, cause a tax to be levied and collected in the manner…
    • § 27305 The taxes required to be levied and collected under this chapter shall be in addition to all other taxes levied for county purposes, and all taxable property…
  19. CHAPTER 17. Annexation of Territory §§ 27320–27325 · 6 sections
    • § 27320 Any county or any portion thereof may be added to the district at any time, in accordance with the provisions of this chapter by resolution of the board upon…
    • § 27321 If the annexation of any county or portion thereof is proposed to any district already organized the board shall prescribe the terms upon which the territory…
    • § 27322 If the board consents to the annexation after any bonded debt of this district has been authorized, the board of supervisors so applying for annexation shall…
    • § 27323 If the district has not incurred a bonded indebtedness at the time of the application by the board of supervisors to join the district, the county or part…
    • § 27324 After all protests have been disposed of in the same manner as protests upon the incorporation of the district, the Secretary of State shall issue his…
    • § 27325 Upon the issuance of the certificate of annexation by the Secretary of State the territory named therein shall become a part of the district.
  20. CHAPTER 18. Golden Gate Bridge, Highway and Transportation District §§ 27500–27567 · 28 sections
    1. ARTICLE 1. General Provisions §§ 27500–27512 · 6 sections
      • § 27500 Unless the particular provision or the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.
      • § 27501 “District” means the Golden Gate Bridge, Highway and Transportation District.
      • § 27502 “Golden Gate Bridge” means the bridge spanning the Golden Gate between the City and County of San Francisco and the County of Marin.
      • § 27503 “Transit services” means the transportation of passengers and their incidental baggage by the district by means other than sightseeing ferryboats.
      • § 27510 The composition of the board of directors of the district shall be as follows: (a) One director, representing Del Norte County, one director, representing…
      • § 27512 (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…
    2. ARTICLE 2. Planning §§ 27530–27533 · 4 sections
      • § 27530 The Legislature finds and declares that since July 1, 1971, the district has been freed of bonded indebtedness. The prospective continuing role of the district…
      • § 27531 The transportation facilities plan shall include, but not be limited to, the following: (a) A definition of the district’s future responsibilities for…
      • § 27532 In developing the transportation facilities plan, the district shall hold public hearings so that interested persons and organizations are provided an…
      • § 27533 No long-range transportation plan of the district shall be adopted unless such plan is consistent with the regional transportation plan of the Metropolitan…
    3. ARTICLE 3. Powers and Functions §§ 27550–27567 · 18 sections
      • § 27550 The district may study, construct, acquire, improve, maintain, and operate any and all modes of transportation within or partly outside the district,…
      • § 27551 The district may not, prior to December 30, 1975, expend any of its funds to implement the addition of a second deck to the Golden Gate Bridge or any other…
      • § 27552 If the district constructs any rail transit lines, such lines, and the rolling stock and other facilities therefor, shall be coordinated with the system of the…
      • § 27553 With respect to its ferryboat operations, the district shall not operate any charter or sightseeing services. However, the district may contract with any…
      • § 27554 Prior to the expenditure of any funds for the bus transit and water transportation system of the district, the board shall determine: (a) The amount which the…
      • § 27555 It is the intention of the Legislature that the district pursue all avenues to obtain federal financing for both its interim transit system and any long-range…
      • § 27556 Except for the necessity to finance its interim system of buses and ferries, as described in Section 27551, or the necessity to finance capital improvements or…
      • § 27557 The district may purchase transit equipment, such as cars, trolley buses and motorbuses, or rolling equipment, and may execute agreements, leases, and…
      • § 27558 The agreement to purchase or lease may direct the vendor or lessor to sell and assign or lease the rolling equipment to a bank or trust company duly authorized…
      • § 27559 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…
      • § 27560 The covenants, conditions, restrictions, and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the…
      • § 27561 An executed copy of each agreement and lease shall be filed in the office of the Secretary of State, who may receive one dollar ($1) for each copy filed with…
      • § 27562 Whenever the district offers for sale to the public coupons or commuter ticket books redeemable for the toll on the Golden Gate Bridge, the district shall make…
      • § 27563 Any person who, without the consent of the board of directors of the district, uses any district mark, name, word, or phrase, or combination, simulation, or…
      • § 27564 The Legislature finds and declares as follows: (a) Automatic vehicle identification systems when used for toll collection can speed up the flow of traffic at…
      • § 27565 (a) The department, in cooperation with the district and all known entities planning to implement a toll facility in this state, shall develop and adopt…
      • § 27566 (a) In its role as administrator of the automatic vehicle identification system described in Section 27565, the Bay Area Toll Authority shall provide vehicle…
      • § 27567 (a) Except as provided in subdivision (b), no toll shall be imposed on the passage of a pedestrian, a bicycle, or a personal micromobility device, as defined…