Public Utilities Code — Part 7 | PUC — United States — California law | Esheria

Public Utilities Code

Part 7 of 38 · provisions 1,201–1,400

This act is named the Public Utilities Code.

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About this statute

This part is named the Santa Clara Valley Transportation Authority Act and may be cited by that name. The Legislature states that the Santa Clara Valley Transportation Authority needs broader transportation measures to address traffic congestion and improve roads, highways, and other transportation facilities. The provision says a transit district needs to be established in Santa Clara County. The Santa Clara County Transit District is renamed the Santa Clara Valley Transportation Authority, and existing references to the old name are treated as references to the new name. A municipal corporation that provides broadband Internet access services must comply with the requirements of a specified Government Code article.

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Provisions of Public Utilities Code

Showing 200 of 7,473

  1. 120520.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [120520 - 120523] ( Article 2 added by Stats. 1978, Ch. 577. )

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    When the board takes over existing facilities and runs them itself, it must place eligible employees into comparable jobs without examination and protect their pay and benefits.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [120520 - 120523] ( Article 2 added by Stats. 1978, Ch. 577. ) ## 120520. Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or utility, either in proceedings by eminent domain or otherwise and terminates the legal existence of the corporation or utility, and operates the facilities itself, to the extent necessary for operation of facilities, any of the employees whose duties pertain to the facilities acquired who have been employed by the corporation or utility, as the case may be, for at least 75 days shall be appointed to comparable positions by the board without examination. These employees shall be given sick leave, seniority, and vacation credits in accordance with the records of the corporation or other acquired utility, as the case may be. No employee of the former corporation or utility shall suffer any worsening of wages, seniority, pension, vacation, or other benefits as they exist at the time of and by reason of the acquisition. The board shall assume and observe all existing labor contracts of the former corporation or utility, as the case may be, insofar as they relate to the acquired facilities. This section applies only to those officers or supervisory employees of the former corporation or utility, as the case may be, as shall be designated by the board. (Amended by Stats. 1985, Ch. 1576, Sec. 19.)
  2. 120521.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [120520 - 120523] ( Article 2 added by Stats. 1978, Ch. 577. )

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    When the board takes over existing facilities with a pension plan, members and beneficiaries keep their plan-related rights and employees must get benefits at least as good as before.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [120520 - 120523] ( Article 2 added by Stats. 1978, Ch. 577. ) ## 120521. (a) Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or public utility, either in proceedings in eminent domain or otherwise, and terminates the corporation or operates the facilities itself, that has a pension plan in operation, the members and beneficiaries of the pension plan shall continue to have the rights, privileges, benefits, obligations, and status with respect to the plan. The board shall consider, and take into account, the outstanding obligations and liabilities of the corporation or of the publicly or privately owned public utility, as the case may be, by reason of the pension plan, and may negotiate an allowance in the purchase price of the corporation or the utility for the assumption of those obligations and liabilities when acquiring the corporation or the utility. (b) Instead of maintaining an existing pension plan applicable to bargaining unit employees of an acquired facility, the board, with the consent of any exclusive collective bargaining representative of employees of an acquired facility whose rights are protected by Section 120520, may enroll the employees in, or transfer them to, the Public Employees’ Retirement System or another retirement system. (c) A contract to enroll employees in the Public Employees’ Retirement System shall be subject to the provisions of Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code. (d) Employees participating in an existing pension plan shall receive benefits immediately after enrollment in, or transfer to, the system that are at least equal to, or greater than, the benefits the employees would have been entitled to immediately before enrollment in, or transfer to, the system. (Amended by Stats. 2003, Ch. 202, Sec. 3. Effective January 1, 2004.)
  3. 120522.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [120520 - 120523] ( Article 2 added by Stats. 1978, Ch. 577. )

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    If the board acquires existing facilities and keeps the corporation or utility as a separate legal entity, the board of directors must keep handling employee-related responsibilities.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [120520 - 120523] ( Article 2 added by Stats. 1978, Ch. 577. ) ## 120522. Whenever the board acquires ownership of existing facilities from a privately or publicly owned corporation or public utility, either in proceedings in eminent domain or otherwise and maintains the corporation or utility, by whatever name, as a separate, legal corporate entity, the board of directors of the corporation or utility shall continue its responsibilities with regard to its employees’ wages, hours, and other terms and conditions of employment, existing labor contracts, and existing pension plans. (Amended by Stats. 1985, Ch. 1576, Sec. 21.)
  4. 120523.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [120520 - 120523] ( Article 2 added by Stats. 1978, Ch. 577. )

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    The board must keep certain employee pension plans under a collective bargaining agreement, have them managed by a retirement board with equal labor and management representation, and the retirement board must follow a specified constitutional rule.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 2. Rights of Employees of Existing Facilities [120520 - 120523] ( Article 2 added by Stats. 1978, Ch. 577. ) ## 120523. (a) Any pension plan maintained by the board pursuant to this division for employees of the board who are members of a unit appropriate for collective bargaining shall be maintained pursuant to a collective bargaining agreement and this section. (b) The pension plan and the funds of the plan shall be managed and administered by a retirement board composed of equal representation of labor and management. Any deadlock among the members of the board with respect to that management and administration shall be resolved in the manner specified in Section 302 of the federal Labor Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)). (c) The duties and responsibilities of the retirement board shall be executed in accordance with Section 17 of Article XVI of the California Constitution. (d) This section does not apply if the board has, pursuant to a collective bargaining agreement, provided membership for the board’s represented employees in the Public Employees’ Retirement System, a retirement system established pursuant to the County Employees Retirement Law of 1937, or a pension trust subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). (Added by Stats. 2003, Ch. 845, Sec. 3. Effective January 1, 2004.)
  5. 12053.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    District rules and proposed amendments must be written, posted in the district office, and wait 20 days after posting before taking effect.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12053. The rules and regulations or any proposed amendments thereto shall be in writing and a copy thereof shall be posted in a conspicuous place in the office of the district and shall not become effective until 20 days after the posting thereof. The board may require that such rules and regulations or amendments thereof be submitted to it for approval prior to posting. Any person interested may within 10 days after such posting file written objections to such proposed rules or amendments, or any part thereof, with the general manager, in which event the rules or amendments shall not become effective until the general manager has given notice of a hearing and heard objections thereto and announced his decision on the objections. (Enacted by Stats. 1951, Ch. 764.)
  6. 12054.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    Civil service provisions do not apply to a district until it operates or uses utility works, but after that a civil service system may be adopted and must be adopted within six months.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12054. The civil service provisions of this chapter do not apply to any district until such time as it has operated, controlled, or used works or parts of works for the providing of any of the utility services specified in this division. A civil service system may, however, be adopted at any time after the district commences to operate, control, or use works or parts of works for the providing of any of the utility services specified in this division, and such system shall be adopted within six months thereafter. (Enacted by Stats. 1951, Ch. 764.)
  7. 120540.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 3. Employee Protection [120540 - 120550] ( Article 3 added by Stats. 1978, Ch. 577. )

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    A board-operated or board-controlled transit facility may operate only if Section 5333 of Title 49 is given effect as required by law.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 3. Employee Protection [120540 - 120550] ( Article 3 added by Stats. 1978, Ch. 577. ) ## 120540. It shall be a condition of the operation of any transit facility owned or controlled by the board that Section 5333 of Title 49 of the United States Code shall be given effect to the extent required by law. (Amended by Stats. 2005, Ch. 557, Sec. 29. Effective October 5, 2005.)
  8. 12055.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    District civil service covers every district employee except the listed excluded categories.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12051 - 12055] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12055. The “district civil service” includes every employee of the district except all of the following: (a) Officers elected by the people. (b) Officers, assistant officers, and other persons and employees appointed by the board of directors. (c) Temporary construction employees. (d) Part-time employees. (e) The unfilled positions (not to exceed 15) requiring peculiar and exceptional qualifications, including those of a scientific, professional, or expert character or of special confidence, as may be exempted from “district civil service” upon the recommendation of the general manager approved by the board. (f) Limited-term employees appointed for a period not to exceed two years. Limited-term appointments may be extended for an additional period not to exceed two years upon approval of the general manager. (g) Employees occupying positions determined to be exempt from the district civil service pursuant to Section 11887.1. (Amended by Stats. 1987, Ch. 692, Sec. 10.5.)
  9. 120550.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 3. Employee Protection [120540 - 120550] ( Article 3 added by Stats. 1978, Ch. 577. )

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    The board may create and run a police force, and it must follow peace officer recruitment and training standards set by the Commission on Peace Officer Standards and Training.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 5. Personnel [120500 - 120550] ( Chapter 5 added by Stats. 1978, Ch. 577. ) ## ARTICLE 3. Employee Protection [120540 - 120550] ( Article 3 added by Stats. 1978, Ch. 577. ) ## 120550. The board may establish and maintain a police force. Those employees of the board appointed by the general manager or chief executive officer to the police force and who are duly sworn are peace officers and are subject to the powers set forth in Section 830.33 of the Penal Code. The board shall adhere to the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code. (Amended by Stats. 2004, Ch. 615, Sec. 13. Effective January 1, 2005.)
  10. 1206.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

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    The commission may set just compensation for property taken or damaged in certain railroad crossing and grade-separation projects.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1206. The commission may fix the just compensation to be paid for property or any interest in or to property to be taken or damaged in the separation of grades at any crossing specified in Section 1202, or for property or any interest in or to property to be taken or damaged in the construction, alteration, or relocation, under the order or with the approval of the commission, of elevated tracks or subways for any railroad or street railroad over or under any public road, street, highway, or private right-of-way, or of any public road, street, or highway over or under the tracks of any railroad corporation or street railroad corporation, and upon the payment of the compensation so fixed may make a final order of condemnation. (Amended by Stats. 1974, Ch. 489.)
  11. 120630.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 1. Revenue Bonds [120630 - 120631] ( Article 1 added by Stats. 1983, Ch. 599, Sec. 2. )

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    The board may issue revenue bonds for a facility or enterprise, following the Revenue Bond Law of 1941.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 1. Revenue Bonds [120630 - 120631] ( Article 1 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120630. The board may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by, or on behalf of, the board, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), and all of the provisions of that law are applicable to the board. (Amended by Stats. 2005, Ch. 557, Sec. 30. Effective October 5, 2005.)
  12. 120631.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 1. Revenue Bonds [120630 - 120631] ( Article 1 added by Stats. 1983, Ch. 599, Sec. 2. )

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    The board may issue revenue bonds for transit facilities and may use chapter procedures for bond issuance.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 1. Revenue Bonds [120630 - 120631] ( Article 1 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120631. The board 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 of the Government Code). The term “enterprise,” as used in the Revenue Bond Law of 1941, for all purposes of this article, includes the transit system or any or all transit facilities and all additions, extensions, and improvements thereto authorized to be acquired, constructed, or completed by the board. The board may issue revenue bonds under the Revenue Bond Law of 1941 for any one or more transit facilities authorized to be acquired, constructed, or completed by, or on behalf of, the board or, in the alternative, the board may issue revenue bonds under the Revenue Bond Law of 1941 for the acquisition, construction, and completion of any one of those transit facilities. Nothing in this article prohibits the board from availing itself of, or making use of, any procedure provided in this chapter for the issuance of bonds of any type or character for any of the transit facilities authorized hereunder, and all proceedings may be carried on simultaneously or, in the alternative, as the board may determine. (Amended by Stats. 2005, Ch. 557, Sec. 31. Effective October 5, 2005.)
  13. 120650.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. )

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    The board may buy transit equipment, use agreements or equipment trust certificates to finance it, and dispose of those certificates. Title to the equipment does not vest in the board until the certificates are paid.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120650. The board may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, or rolling equipment, and may execute agreements, leases, and equipment trust certificates in the forms customarily used by private corporations engaged in the transit business appropriate to effect the purchase and leasing of transit equipment, and may dispose of the equipment trust certificates upon the terms and conditions that the board may deem appropriate. Payment for transit equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates that are or will be legally available to the board. Title to the equipment shall not vest in the board until the equipment trust certificates are paid. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  14. 120651.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. )

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    The purchase or lease agreement may direct how rolling equipment is transferred to a trustee and delivered to board officers, and may authorize the board to execute related purchase or lease documents.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120651. 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 to transact business in the state as trustee for the benefit and security of the equipment trust certificates, and may direct the trustee to deliver the rolling equipment to one or more designated officers of the board and may authorize the board to simultaneously therewith execute and deliver an installment purchase agreement or a lease of the equipment to the board. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  15. 120652.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. )

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    Agreements and leases must be acknowledged in the required form, and the board must authorize agreements, leases, and equipment trust certificates by resolution.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120652. 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 acknowledgment of deeds. The agreements, leases, and equipment trust certificates shall be authorized by resolution of the board and shall contain covenants, conditions, and provisions which may be deemed necessary or appropriate to insure the payment of the equipment trust certificates from legally available source or sources of funds specified in the certificates. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  16. 120653.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. )

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    Agreements, leases, and equipment trust certificates must not conflict with any trust agreement securing the board’s bonds, notes, or certificates.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120653. The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates shall not conflict with any of the provisions of any trust agreement securing the payment of bonds, notes, or certificates of the board. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  17. 120654.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. )

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    Executed copies of each agreement and lease must be filed with the Secretary of State, who receives $1 per copy filed.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 2. Equipment Trust Certificates [120650 - 120654] ( Article 2 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120654. An executed copy of each agreement and lease shall be filed in the office of the Secretary of State, who shall be entitled to receive one dollar ($1) for each copy filed. The filing constitutes notice to any subsequent judgment creditor or any subsequent purchaser. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  18. 120670.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 3. Improvement Acts and Special Benefit Districts [120670 - 120671] ( Article 3 added by Stats. 1983, Ch. 599, Sec. 2. )

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    These three Streets and Highways Code acts apply to the board.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 3. Improvement Acts and Special Benefit Districts [120670 - 120671] ( Article 3 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120670. The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), are applicable to the board. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  19. 120671.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 3. Improvement Acts and Special Benefit Districts [120670 - 120671] ( Article 3 added by Stats. 1983, Ch. 599, Sec. 2. )

    Verify source ↗

    Chapter 1 (starting with Section 99000) of Part 11 of Division 10 applies to the board.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 3. Improvement Acts and Special Benefit Districts [120670 - 120671] ( Article 3 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120671. Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 is applicable to the board. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  20. 120680.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 4. Temporary Borrowing [120680 - 120681] ( Article 4 added by Stats. 1983, Ch. 599, Sec. 2. )

    Verify source ↗

    The board may borrow money, but only in accordance with specified Government Code borrowing provisions.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 4. Temporary Borrowing [120680 - 120681] ( Article 4 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120680. The board may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 1984, Ch. 1124, Sec. 20.)
  21. 120681.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 4. Temporary Borrowing [120680 - 120681] ( Article 4 added by Stats. 1983, Ch. 599, Sec. 2. )

    Verify source ↗

    The board may borrow against authorized bond sales and issue bond anticipation notes, but the notes must stay within the authorized bond amount and cannot mature for more than five years.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 4. Temporary Borrowing [120680 - 120681] ( Article 4 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120681. The board may borrow money in anticipation of the sale of bonds which have been authorized to be issued, but which have not been sold and delivered, and may issue negotiable bond anticipation notes therefor and may renew the bond anticipation notes from time to time, but the maximum maturity of any bond anticipation notes, including the renewals thereof, shall not exceed five years from the date of delivery of the original bond anticipation notes. The bond anticipation notes may be paid from any money of the board available therefor and not otherwise pledged. If not previously otherwise paid, the bond anticipation notes shall be paid from the proceeds of the next sale of the bonds of the board in anticipation of which they were issued. The bond anticipation notes shall not be issued in any amount in excess of the aggregate amount of bonds which the board has been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding. The bond anticipation notes shall be issued and sold in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations which a resolution of the board authorizing the issuance of bonds may contain. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  22. 1207.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Section 1207 lets a Section 1206 proceeding start either by the commission’s own order or by petition from specified public entities or railroad corporations, and it requires the petition to be verified and to include specified details.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1207. Proceedings under Section 1206 may be commenced by order on the commission’s own motion or by a petition filed by the State, county, city and county, city, political subdivision, railroad corporation, or street railroad corporation affected. Any such proceeding may be made a part of any proceeding commenced under Sections 1202 to 1205, inclusive. The petition shall set forth the name and interest of the petitioner. The order on the commission’s own motion and the petition shall set forth (a) a statement of the purpose of the proceedings and the use for which property or interest in or to property is sought to be taken, (b) a decription of each piece of land or other property or interest in or to property sought to be taken, and whether it includes the whole or only a part of an entire parcel or tract or piece of property or interest in or to property, and (c) the names and addresses of all owners and claimants thereof, if known, or a statement that they are unknown, and a statement of each railroad corporation, the State and political subdivision which in the opinion of the commission or the petitioner has an interest in the proceeding. The petition shall pray (a) that the commission fix the just compensation to be paid for the acquisition of or damage to the property and interest in or to property specified in the petition, (b) that the commission designate the party or parties to the proceeding who shall pay such compensation and the owners and claimants of the property and interest in or to property condemned to whom such compensation shall be paid, and (c) that the commission make its final order of condemnation. When the proceeding is commenced by order on the commission’s own motion such matters shall be included in the statement of the purpose of the proceeding. The petition shall be verified. At the time it is filed with the commission the petitioner shall also file additional copies thereof equal in number to three more than the number of owners and claimants named in the petition. (Enacted by Stats. 1951, Ch. 764.)
  23. 120700.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 5. Miscellaneous [120700 - 120702] ( Article 5 added by Stats. 1983, Ch. 599, Sec. 2. )

    Verify source ↗

    The board may bring an action to determine whether its bonds and related indebtedness are valid.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 5. Miscellaneous [120700 - 120702] ( Article 5 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120700. The board may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  24. 120701.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 5. Miscellaneous [120700 - 120702] ( Article 5 added by Stats. 1983, Ch. 599, Sec. 2. )

    Verify source ↗

    Bonds and other evidences of indebtedness issued by the board, and the interest on them, are exempt from state taxation except transfer, franchise, inheritance, and estate taxes.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 5. Miscellaneous [120700 - 120702] ( Article 5 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120701. All bonds and other evidences of indebtedness issued by the board under this chapter, and the interest thereon, are free and exempt from all taxation within the state, except for transfer, franchise, inheritance, and estate taxes. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  25. 120702.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 5. Miscellaneous [120700 - 120702] ( Article 5 added by Stats. 1983, Ch. 599, Sec. 2. )

    Verify source ↗

    Bond-related proceedings create enforceable contract rights, and the board, affected territory, and successors must keep paying and supporting outstanding debt.

    ## Public Utilities Code - PUC ## DIVISION 11. TRANSIT DEVELOPMENT BOARDS [120000 - 120702] ( Division 11 added by Stats. 1975, Ch. 294. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [120630 - 120702] ( Chapter 6 added by Stats. 1983, Ch. 599, Sec. 2. ) ## ARTICLE 5. Miscellaneous [120700 - 120702] ( Article 5 added by Stats. 1983, Ch. 599, Sec. 2. ) ## 120702. Notwithstanding any other provisions of this division or any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the board of any bonds, bonds with a pledge of revenues, bonds for improvement districts, revenue bonds, equipment trust certificates, notes, or any and all evidences of indebtedness or liability constitute a contract between the board and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability, and the provisions thereof are enforceable against the board or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction. Nothing in this division or in any other law shall be held to relieve the board or the territory included within it from any bonded or other debt or liability contracted by the board. Upon dissolution of the board or upon withdrawal of territory therefrom, that territory formerly included within the board, or withdrawn therefrom, shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal as if the board had not been so dissolved or the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of the bonded and other indebtedness and liabilities. Except as may be otherwise provided in the proceedings for the authorization, issuance, and sale of any revenue bonds, bonds secured by a pledge of revenues, or bonds for improvement districts secured by a pledge of revenues, revenues of any kind or nature derived from any revenue-producing improvements, works, facilities, or property owned, operated, or controlled by the board shall be pledged, charged, assigned, and have a lien thereon for the payment of the bonds as long as they are outstanding, regardless of any change in ownership, operation, or control of the revenue-producing improvements, works, facilities, or property and it shall, in any later event or events, be the duty of the successors or assigns to continue to maintain and operate the revenue-producing improvements, works, facilities, or property as long as bonds are outstanding. (Added by Stats. 1983, Ch. 599, Sec. 2.)
  26. 1208.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission must issue an order to show cause, and the order must describe the proceeding and property, require named interested parties to appear and show cause, and be served with the petition or motion order.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1208. Upon the filing of the petition or the making of the order on the commission’s own motion, the commission shall make its order to show cause. The order shall (a) specify the nature of the proceeding, (b) contain a general description of the property and interest to be condemned, and (c) direct the owners and claimants and the railroad corporations, street railroad corporations, and governmental authorities in interest named in the petition or order on the commission’s own motion, who shall also be named in the order to show cause, to appear before the commission at a time and place specified in the order, to show cause, if any they have, why the commission should not proceed after hearing to fix the just compensation to be paid for the acquisition of or damages to the specified property and interest, to designate the party or parties to the proceeding who shall pay such compensation and the owners and claimants to whom such compensation shall be paid, and to make its final order of condemnation. The order to show cause shall direct the secretary of the commission to serve or cause to be served upon each owner and claimant, railroad corporation, street railroad corporation, and governmental authority in interest a copy of the order certified under the seal of the commission to which shall be attached a copy of the petition or order on the commission’s own motion. When the proceeding is commenced by order on the commission’s own motion the order to show cause may be incorporated in the order on the commission’s own motion. (Enacted by Stats. 1951, Ch. 764.)
  27. 1209.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Personal service must be made either under the Code of Civil Procedure or by mailing a certified copy of the order to show cause, with the petition or order attached, to the party to be served.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1209. Personal service shall be made in accordance with the provisions of the Code of Civil Procedure or by depositing a copy of the order to show cause certified under seal of the commission with a copy of the petition or order on the commission’s own motion attached thereto or made a part thereof in the United States mail, enclosed in a sealed envelope, registered, with postage prepaid, addressed to the party to be served. (Enacted by Stats. 1951, Ch. 764.)
  28. 1210.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may allow service by publication in specified cases, and the secretary must mail a certified copy of the order to show cause within 15 days when an address is out of state.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1210. If any owner or claimant named in the petition or order on the commission’s own motion resides out of the State or has departed from the State or cannot after due diligence be found within the State, or conceals himself to avoid service, or is a corporation having no managing or business agent, cashier or secretary or other officer upon whom summons may be served, who, after due diligence, can be found within the State, and the fact appears by affidavit to the satisfaction of the commission, and it also appears by such affidavit or by the petition or order on the commission’s own motion that a cause of action exists against such owner or claimant on whom service is to be made and that he is a necessary or proper party to the proceeding, the commission may make an order that the service be made on such owner or claimant by publication of the commission’s order to show cause. The order shall direct that the publication be made in a newspaper designated by the commission as likely to give notice to the owner or claimant to be served, and for such time as the commission finds to be reasonable, at least once a week, but publication against an owner or claimant residing out of the State or absent therefrom shall not be less than two months. If the address of any owner or claimant as stated in the petition or order on the commission’s own motion is out of the State, the secretary of the commission shall, within 15 days after the making and filing of the order to show cause, deposit or cause to be deposited a copy of that order, certified under the seal of the commission, with a copy of the petition or order on the commission’s own motion attached thereto or made part thereof, in the United States mail, enclosed in a sealed envelope, registered, with postage prepaid, addressed to such owner or claimant at the address specified in the petition or order on the commission’s own motion. Personal service of a copy of the order to show cause and of the petition or order on the commission’s own motion out of the State is equivalent to publication and deposit in the United States mail. (Enacted by Stats. 1951, Ch. 764.)
  29. 12101.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Appointments under the civil service system must be made for the public service and based only on integrity, character, merit, fitness, and industry, using appropriate competitive tests and lists of eligibles prepared by the general manager.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12101. All appointments under the civil service system shall be made for the good of the public service and solely on the basis of integrity, character, merit, fitness, and industry as established by appropriate competitive tests, without regard to partisan, political, social, or other considerations, and shall be made from lists of eligibles prepared by the general manager. (Enacted by Stats. 1951, Ch. 764.)
  30. 12102.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The general manager may make a temporary noncivil service appointment when no eligible list is available, but only for up to six months and only until a regular appointment is made.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12102. (a) When no list of eligibles is available for a position in the class requisitioned by the department or division head, the general manager may make a noncivil service appointment thereto for a period of not exceeding six months and only until a regular appointment can be made, but no person shall be compensated under a noncivil service appointment, or appointments, for a period exceeding six months in any fiscal or calendar year, and no office or employment may be filled by a noncivil service appointment for more than six months in the aggregate in one fiscal or calendar year. (b) This section does not apply to a district which has owned or operated an electric distribution system for at least eight years and has a population of 250,000 or more. (Amended by Stats. 1987, Ch. 692, Sec. 12.)
  31. 12102.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district general manager may make a noncivil service appointment when no eligible list is available and the district meets the stated system-age and population conditions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12102.1. When no list of eligibles is available for a position in the class requisitioned by the department or division head, the general manager of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may make a noncivil service appointment thereto for a period of not exceeding 12 months and only until a regular appointment can be made. (Added by Stats. 1987, Ch. 692, Sec. 13.)
  32. 12103.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The general manager may appoint people to higher positions only through promotional tests from lower ranks.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12103. The general manager may make appointments to higher positions exclusively promotional by tests from lower ranks. (Enacted by Stats. 1951, Ch. 764.)
  33. 12104.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Appointees to permanent positions must serve a six-month probation period, unless the general manager sets a longer probation period for certain positions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Appointments [12101 - 12104] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12104. Every appointee to a permanent position shall be on probation for six months, except that the general manager may establish a probationary period for up to 12 months for professional, scientific, technical, administrative, management, or executive positions, or for positions requiring certification by the state pursuant to Chapter 9 (commencing with Section 13625) of Division 7 of the Water Code. The general manager may terminate the appointment during the probationary period. If the appointment is not then terminated it shall be permanent, subject to this division and the rules and regulations adopted pursuant to this division. (Amended by Stats. 1980, Ch. 84, Sec. 1.)
  34. 1211.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The secretary must serve written notice of the hearing on the petitioner within the stated time, and the commission gains full jurisdiction after service is completed on the petitioner or named interested parties.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1211. Within 10 days prior to the time set for the first hearing on the petition or order on the commission’s own motion, which time shall be not less than 30 days after the filing of the petition or the making of that order, the secretary shall serve or cause to be served upon the petitioner a written notice, specifying the time and place of the hearing. In all respects not in this chapter otherwise provided, service and the proof of service shall be made as provided by the Code of Civil Procedure. Upon the completion of service upon the petitioner or upon any party in interest named in the petition or order, the commission shall have full and complete jurisdiction insofar as such petitioner or party in interest is concerned, to make each finding referred to in this chapter, to fix the just compensation to be paid for the acquisition of or damage to any property or interest therein specified in the petition or order, to designate the party or parties to the proceeding who shall pay such compensation and the owner or claimant to whom such compensation shall be paid, and to make its final order of condemnation. The failure to make service upon any person alleging that he is an owner or claimant or party in interest but not named in the petition or order or to acquire jurisdiction over such person shall in no way affect the jurisdiction of the commission over owners and claimants and parties in interest on whom service has been made. (Enacted by Stats. 1951, Ch. 764.)
  35. 1212.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The commission may amend a petition or its own order before it files its finding of just compensation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1212. The commission at any time subsequent to the filing of the petition, and prior to making and filing its finding of just compensation, may authorize the amendment of the petition, or in case the proceeding is by order on the commission’s own motion may amend the order, by altering or modifying the description of the property or interest therein, or by adding to or deducting from the property or interest therein, or by bringing in any additional party or parties, or in any other respect including jurisdictional allegations. (Enacted by Stats. 1951, Ch. 764.)
  36. 1213.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

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    The commission must hold the hearing, decide whether the taking is legally authorized and necessary, and file a written finding fixing just compensation.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1213. At the time and place specified in the order to show cause, or at such other time and place as, for good cause, is otherwise ordered by the commission, the commission shall proceed to a hearing upon the petition or order on the commission’s own motion. When the proceeding has been submitted the commission shall make and file its finding upon the question whether the use to which the property or interest therein is to be applied is a use authorized by law and whether the taking is necessary to such use, and shall make and file its written finding fixing the just compensation to be paid for the property or interest. If the commission finds that severance damages should be paid, the just compensation for such damages shall be found and stated separately. The just compensation shall be fixed by the commission as of the day on which the petition was filed or the order on the commission’s own motion was made. (Enacted by Stats. 1951, Ch. 764.)
  37. 12131.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Blanketing-In [12131 - 12134] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    Certain permanent-position incumbents must be kept in their jobs when a civil service system is first adopted, and they are not subject to the six-month probation period.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Blanketing-In [12131 - 12134] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12131. The incumbents of permanent positions who have held such positions for a period of at least six months continuously next preceding the time that a civil service system is first adopted shall be continued in their positions as if appointed thereto after examination and certification from a list of eligibles, and shall be governed thereafter by this division and the rules and regulations adopted pursuant thereto but shall not be subject to the six months’ probation period. (Enacted by Stats. 1951, Ch. 764.)
  38. 12132.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Blanketing-In [12131 - 12134] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    When a district acquires facilities from a public utility, the utility’s affected officers or employees may be appointed into the district civil service without examination and without the usual six-month probation.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Blanketing-In [12131 - 12134] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12132. Whenever any district acquires existing facilities from a publicly or privately owned public utility, whether by proceedings in eminent domain or otherwise, any or all of the officers or employees of such public utility whose duties pertained to the facilities acquired may be appointed to positions in the district’s civil service system without examination and certification from a list of eligibles and shall be governed thereafter by this division and the rules and regulations adopted pursuant thereto but shall not be subject to the six months’ probation period. (Enacted by Stats. 1951, Ch. 764.)
  39. 12133.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Blanketing-In [12131 - 12134] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    An officer or employee returning from leave must be restored to a civil service position with the same or equivalent status, and then be governed by the civil service rules.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Blanketing-In [12131 - 12134] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12133. If a civil service system is adopted for a district during the period of a leave of absence granted under Section 395.4 of the Military and Veterans Code or similar legislation, the officer or employee shall, on the termination of his leave of absence, be restored to a position in the district’s civil service system wherein he shall have the same or equivalent status as of the last working day before his leave of absence began. The officer or employee shall hold that position as if appointed thereto after examination and certification from a list of eligibles, and shall be governed thereafter by the rules and regulations of the civil service system, except that if such officer or employee had held a permanent position with the district for a period of six months continuously next preceding the beginning of his leave of absence, he shall not be subject to the six months’ probation period. (Enacted by Stats. 1951, Ch. 764.)
  40. 12134.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Blanketing-In [12131 - 12134] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    If a district takes over a public utility’s existing facilities, certain former utility officers or employees who left for military training and service are entitled to permanent civil service appointment in the district.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Blanketing-In [12131 - 12134] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12134. Whenever a district acquires existing facilities from a public utility, whether by proceedings in eminent domain or otherwise, any officer or employee of the public utility who left a permanent position with such utility pertaining principally to the facilities acquired in order to perform training and service under the Selective Training and Service Act of 1940 shall be entitled to be appointed to a position with permanent status in the district’s civil service under the same conditions as would have governed his right to reinstatement with the public utility under Section 8 (b) of that act if the district had not acquired those facilities. No civil service status acquired by other officers or employees of the district shall prevent their removal by layoff or transfer from positions to which reinstatement is provided for in this section. (Enacted by Stats. 1951, Ch. 764.)
  41. 1214.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

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    The commission must issue an order naming who pays just compensation and how it is paid. It may add other payment terms. The designated payer becomes liable, and in some permissive orders must elect to proceed and notify the commission within the time set by the commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1214. The commission shall also make its order designating the party or parties to the proceeding who shall pay the just compensation so fixed, or any portion thereof, the amounts in which it shall be paid, the times at which it shall be paid, the property or interest therein for which it shall be paid, and the owners and claimants of such property or interest to whom it shall be paid. The commission may prescribe any other terms or conditions with reference to the payment of such compensation as the commission deems proper, including a provision that the money due be paid to the commission to be distributed to the parties entitled thereto. The party or parties whom the commission designates to pay such compensation or any part thereof are thereupon liable therefor, and may be sued in any court of competent jurisdiction by the party or parties entitled to such compensation as provided in the commission’s order. In cases in which the order of the commission authorizing any work to be done under the provisions of this chapter is permissive in character and not mandatory, the commission may prescribe the time within which the party receiving such permission shall elect to proceed and notify the commission thereof, and only in the event such party elects to proceed and so notifies the commission shall any liability arise to pay the compensation or any part thereof under the provisions of this section. When any political subdivision of the State is designated by the commission to pay such compensation or any portion thereof it shall be collectible in the manner provided in Section 1203 for the collection of expenses apportioned by the commission to political subdivisions of the State. (Enacted by Stats. 1951, Ch. 764.)
  42. 1215.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

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    After just compensation is paid under the commission’s order, the commission must issue its final condemnation order and a certified copy must be filed with the county recorder.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1215. When the just compensation has been paid in accordance with the commission’s order, the commission shall make its final order of condemnation which shall describe the property or interest therein condemned and the purpose of such condemnation. A copy of the order certified under the seal of the commission shall thereupon be filed in the office of the recorder of the county in which the property described is situated, and thereupon the property or interest in or to property described therein shall vest in the parties and for the purposes specified in the order. (Enacted by Stats. 1951, Ch. 764.)
  43. 1216.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

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    Commission findings on necessity and just compensation are final and cannot be changed or reviewed by any California court; rehearing petitions must be filed within 20 days; if a finding is set aside on appeal, the matter goes back to the commission.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1216. (a) The finding of the commission on the question of the necessity for the taking and the finding fixing the just compensation to be paid for any property or interest in or to property under Sections 1206 to 1216, inclusive, are final and shall not be subject to modification, alteration, reversal, or review by any court of this state. (b) The provisions of this part with reference to rehearing and review shall be applicable to the findings of the commission made and filed under this chapter. Petitions for rehearing shall be filed within 20 days from the date of making and filing the finding as to which a rehearing is desired. (c) If a finding of the commission made and filed under this chapter is set aside by the Supreme Court or the court of appeal of the State of California, the matter shall be referred back to the commission for further action in a proceeding before the commission, and the commission may, on taking further action, consider the entire testimony theretofore taken in the proceeding before the commission as well as further testimony, if any, presented in connection with further action. (Amended by Stats. 1996, Ch. 855, Sec. 2. Effective January 1, 1997.)
  44. 12161.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    A permanent civil service employee under this division may be removed, discharged, or suspended only for cause.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12161. No person employed under civil service provisions of this division or of any rules and regulations adopted pursuant thereto in a permanent position shall be removed, discharged, or suspended except for cause. (Enacted by Stats. 1951, Ch. 764.)
  45. 12162.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section says removal or discharge may be made for specified causes.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12162. Removal or discharge may be made for any of the following causes: incompetence, habitual intemperance, immoral conduct, insubordination, discourteous treatment of the public, dishonesty, or inattention to public service. (Enacted by Stats. 1951, Ch. 764.)
  46. 12163.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The department or division head may suspend a subordinate for disciplinary purposes for up to 15 days, and the suspension results in loss of salary for that period.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12163. The department or division head may for disciplinary purposes suspend a subordinate for a period of not exceeding 15 days and suspension shall carry with it a loss of salary for the period of suspension. (Enacted by Stats. 1951, Ch. 764.)
  47. 12164.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    An employee may ask the general manager for a hearing within five days after written notice of removal, discharge, or suspension, and may use an agreed grievance procedure instead if the district and a recognized employee organization have approved that option.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12164. Within five days after the mailing of written notice of removal, discharge, or suspension, any employee may file a written request with the general manager for an opportunity to be heard in his own defense or, at the employee’s option, may utilize a grievance procedure if the district and a recognized employee organization have agreed after meeting and conferring in good faith pursuant to Section 3505 of the Government Code that a grievance procedure may be used in disciplinary proceedings involving removals, discharges, and suspensions as an alternative to the procedure provided for in Sections 12165 and 12166. (Amended by Stats. 1982, Ch. 1217, Sec. 1.)
  48. 12165.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    When a request is made, the general manager must immediately appoint a three-person committee and notify the accused person of the hearing time and place by mail to the last known address.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12165. When such request is made the general manager shall immediately appoint from officers or assistant officers of the district (other than elected officials), or heads of departments or divisions, a committee of three to hear and determine such charges and shall notify the person accused of the time and place when the charges will be heard by mailing a notice to his last known address. (Enacted by Stats. 1951, Ch. 764.)
  49. 12166.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The committee must examine the case and decide what is just, including ordering discharge, suspension, or reinstatement. The employee may ask the general manager to review the order within 10 days, and the general manager may require more evidence and issue a final decision.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12166. The committee shall examine into the case and make such decision as it deems just and may among other things order the employee discharged, suspended, or reinstated. Its order or decision shall be final unless the employee within 10 days after the date of the order requests the general manager to review the order, in which event the general manager may require any additional evidence he deems material, and his order or decision, with or without such additional evidence, shall be final. (Enacted by Stats. 1951, Ch. 764.)
  50. 12167.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Civil service provisions in this division do not take away a person’s rights or remedies in court.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 4. Civil Service System [12051 - 12167] ( Chapter 4 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Discipline [12161 - 12167] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12167. Nothing in the civil service provisions of this division deprives any person of his rights and remedies in a court of competent jurisdiction. (Enacted by Stats. 1951, Ch. 764.)
  51. 1217.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The chapter’s procedure is an additional option, not the only one, for acquiring property or interests in property through eminent domain.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1217. The procedure provided in this chapter shall be alternative and cumulative and not exclusive to the right to pursue any other procedure providing for the acquisition under eminent domain proceedings of property or interest in or to property. (Enacted by Stats. 1951, Ch. 764.)
  52. 1218.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section says the chapter does not create a right for owners or claimants of property to receive damages if that right does not already exist under other state law.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1218. Nothing in this chapter shall entitle any owner or claimant of property and interest in or to property to receive damages when the right to receive such damages does not exist under the laws of this State apart from the provisions of this chapter. (Enacted by Stats. 1951, Ch. 764.)
  53. 1219.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The Legislature says Sections 1201 to 1205 support the commission’s jurisdiction over railroad and street railroad corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1219. The Legislature declares that Sections 1201 to 1205, inclusive, are enacted as germane and cognate parts of and as aids to the jurisdiction vested in the commission for the supervision, regulation, and control of railroad and street railroad corporations in this State, and the Legislature further declares that the authority and jurisdiction thus vested in the commission involve matters of state-wide importance and concern and have been enacted in aid of the health, safety, and welfare of the people of this State. (Enacted by Stats. 1951, Ch. 764.)
  54. 1220.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    This section says Sections 1206 to 1218 are part of and support the commission’s jurisdiction over railroad and street railroad corporations.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Railroad Crossings [1201 - 1220] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## 1220. The Legislature declares that Sections 1206 to 1218, inclusive, are enacted as a germane and cognate part of and as an aid to the jurisdiction of the commission in the supervision and regulation of railroad and street railroad corporations. (Enacted by Stats. 1951, Ch. 764.)
  55. 12301.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. )

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    The board may set up a retirement system for district officers and employees and provide annuities, pensions, retirement allowances, disability payments, and death benefits.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12301. The board may establish a retirement system for the officers, whether elective or appointive, or both, and employees of the district and provide for the payment of annuities, pensions, retirement allowances, disability payments, and death benefits, or any of them. (Amended by Stats. 1986, Ch. 530, Sec. 2.)
  56. 12302.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The district may maintain its own retirement fund or provide retirement benefits for eligible officers and employees, or their beneficiaries, using insurance or another method the board considers adequate and sure.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12302. The district may maintain its own retirement fund or may provide for benefits to eligible officers and employees, or their beneficiaries, by means of group insurance or other insurance, or by such means as in the opinion of the board will satisfactorily provide an adequate and sure method of meeting the payments contemplated by the retirement system. (Enacted by Stats. 1951, Ch. 764.)
  57. 12303.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Before establishing a retirement system, the board must get a report from a qualified actuary.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12303. Before establishing any retirement system the board shall secure a report from a qualified actuary, which shall show the cost of the benefits provided by the system, and the prospective assets and liabilities of the system. (Enacted by Stats. 1951, Ch. 764.)
  58. 12304.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may adopt ordinances and resolutions and do whatever is necessary or convenient to start, maintain, and administer the retirement system.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12304. The board may adopt all ordinances and resolutions and perform all acts necessary or convenient to the initiation, maintenance, and administration of the retirement system. (Enacted by Stats. 1951, Ch. 764.)
  59. 12305.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may contract to enroll some or all of its officers and employees in the Public Employees’ Retirement System, and may do whatever is necessary or convenient to carry out that participation.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12305. A district may make all or part of its officers, whether elective or appointive, or both, and employees members of the Public Employees’ Retirement System by contract entered into between the district and the board of administration of the system under the Public Employees’ Retirement Law (Part 3 (commencing with Section 20000) of Division 5 of Title 2 of the Government Code); and the district may perform all acts necessary or convenient for that participation. (Amended by Stats. 1986, Ch. 530, Sec. 3.)
  60. 12306.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may decide which officers and employees are included in the retirement system, and can change that classification later. Once classified and included, membership is compulsory.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12306. The board may classify and determine the officers, whether elective or appointive, or both, and employees who shall be included as members in the retirement system and may change the classification from time to time. Membership of all officers and employees so classified and included in the retirement system is compulsory. (Amended by Stats. 1986, Ch. 530, Sec. 4.)
  61. 12307.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A participant in a deferred compensation plan may also join the district’s retirement system.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Establishment [12301 - 12307] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12307. Notwithstanding any other provision of law, a participant in a deferred compensation plan may also participate in the district’s retirement system, and, in ascertaining the amount of compensation of such participant, for purposes of computing the amount of his contributions or benefits under the district’s retirement system, any amount deducted from his wages pursuant to Section 12338 shall be included. (Added by Stats. 1976, Ch. 820.)
  62. 1231.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Protection of Grade Crossings [1231 - 1232] ( Chapter 6.5 added by Stats. 1961, Ch. 1302. )

    Verify source ↗

    The commission must allocate certain appropriated funds to local governments for grade-crossing protection works, based on need, and may not give any one local government more than half of its share of the cost.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Protection of Grade Crossings [1231 - 1232] ( Chapter 6.5 added by Stats. 1961, Ch. 1302. ) ## 1231. The commission shall allocate and expend any money which may be appropriated, from the State Highway Account in the State Transportation Fund or any other fund, for the purposes specified herein, to cities, counties, and cities and counties, on the basis of need as determined by the commission, to assist them in paying their shares of the cost of constructing grade-crossing protection works on city, county, and city and county streets, roads, and highways. In no event, however, shall the commission allocate or expend to any city, county, or city and county a sum exceeding one-half of its share of the cost of such work. Funds appropriated for the purposes specified herein shall be available for allocation and expenditure without regard to fiscal years. (Amended by Stats. 1980, Ch. 725, Sec. 1.)
  63. 1231.1.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Protection of Grade Crossings [1231 - 1232] ( Chapter 6.5 added by Stats. 1961, Ch. 1302. )

    Verify source ↗

    The annual proposed budget must set aside $1,000,000 for allocations to the Public Utilities Commission to help pay maintenance costs for automatic grade-crossing protection.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Protection of Grade Crossings [1231 - 1232] ( Chapter 6.5 added by Stats. 1961, Ch. 1302. ) ## 1231.1. In each annual proposed budget prepared by the Department of Transportation under Section 165 of the Streets and Highways Code, the sum of one million dollars ($1,000,000) shall be set aside for allocations to the Public Utilities Commission for the purpose of paying to the railroad or street railroad corporations the share of the costs to cities, counties, and cities and counties of maintaining automatic grade-crossing protection. The Public Utilities Commission may recommend a sum greater than one million dollars ($1,000,000) be set aside for allocations to the Public Utilities Commission for the purpose of making those payments, if the Public Utilities Commission finds that the sum of one million dollars ($1,000,000) is not sufficient due to an increase in the number of grade-crossing protection devices, or increase in the cost of maintenance of those devices. The specific amount of the total allocation shall be determined by the California Transportation Commission and shall constitute the amount necessary for that maintenance. In arriving at the amount, the California Transportation Commission shall consult with the Public Utilities Commission. Payment shall be made on the basis of verified claims filed with the Public Utilities Commission by the railroad or street railroad corporation responsible for maintenance of automatic grade-crossing protection. Any amounts not expended by the Public Utilities Commission in any one fiscal year may be credited to subsequent annual allocations. Funds appropriated for the purposes of this section shall be available for allocation and expenditure without regard to fiscal years. (Amended by Stats. 1988, Ch. 1524, Sec. 1.)
  64. 1232.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Protection of Grade Crossings [1231 - 1232] ( Chapter 6.5 added by Stats. 1961, Ch. 1302. )

    Verify source ↗

    The commission must certify each allocation to the State Controller and submit reimbursement claims for payment. The State Controller may audit the money before or after disbursement. Local review and approval cannot be required as a condition of disbursement.

    ## Public Utilities Code - PUC ## DIVISION 1. REGULATION OF PUBLIC UTILITIES [201 - 3299.100] ( Division 1 enacted by Stats. 1951, Ch. 764. ) ## PART 1. PUBLIC UTILITIES ACT [201 - 2120] ( Part 1 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6.5. Protection of Grade Crossings [1231 - 1232] ( Chapter 6.5 added by Stats. 1961, Ch. 1302. ) ## 1232. At the time the commission makes each allocation under this chapter, it shall so certify to the State Controller. The commission shall present claims for reimbursement of the state’s share of the cost of construction of projects under any allocations to the State Controller for payment. The State Controller shall make such audit as he deems necessary, before or after disbursement, for the purpose of determining that the money allocated has been expended for the purposes and under the conditions authorized under this chapter; except that prior or subsequent review and approval by the city, county, or city and county in which the grade-crossing protection is maintained of such allocations shall not be required as a condition of disbursement. (Amended by Stats. 1968, Ch. 612.)
  65. 12331.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board may set the terms and conditions for benefit entitlements and the benefit amounts for district officers, employees, or their beneficiaries.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12331. The board may prescribe the terms and conditions upon which the officers and employees of the district or their beneficiaries shall be entitled to benefits and the amounts thereof. (Enacted by Stats. 1951, Ch. 764.)
  66. 12332.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A retirement allowance may partly be based on a member’s service with the district before the retirement system was established; that service is called “prior service.”

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12332. The retirement allowance may be predicated in part upon service rendered the district by a member prior to the establishment of the retirement system, which service is known as “prior service.” (Enacted by Stats. 1951, Ch. 764.)
  67. 12333.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must make sure the district and its members contribute to the retirement system, and it must set contribution rates for covered officers and employees using board-adopted tables and assumptions.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12333. The board shall provide that both the district and the members shall contribute to the retirement system. Based on tables and assumptions adopted by the board, it shall fix the rates of contributions by officers and employees of the district who are members of the retirement system. (Amended by Stats. 1967, Ch. 909.)
  68. 12334.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    All members of the retirement system must contribute as the board sets, and the contributions may be taken from their pay.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12334. All members of the retirement system shall contribute in the manner and amount fixed by the board and such contributions may be collected by deducting the amounts thereof from the salary, wages, or compensation due such members. (Enacted by Stats. 1951, Ch. 764.)
  69. 12335.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The district must cover certain retirement-system liabilities with district contributions, and annual appropriations for prior service or other liabilities must stay high enough to meet the yearly disbursements until the system reaches a stated funding balance.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12335. Liabilities accruing under the retirement system because of benefits other than such as are the equivalent of contributions by the members, with accumulated interest, shall be met by contributions by the district. Prior service or other liabilities of the district may be met by annual appropriations instead of by one appropriation for the total of the liabilities; but until the present value of regular contributions for current service, together with assets then available, equals the present value of all allowances and benefits granted or to be granted under the system, the appropriation for any one year when added to any unused balance of any previous appropriations for such purpose shall not be less than the amount disbursed during that year on account of prior service or other liabilities of the district. (Enacted by Stats. 1951, Ch. 764.)
  70. 12336.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A member who withdraws before retirement must get back their contributions plus credited interest, and the board may set conditions for leaving contributions in the fund or receiving a retirement allowance after termination.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12336. If any member withdraws from the retirement system prior to retirement the total amount contributed by him with such interest as may be credited thereto shall be returned to him; provided, however, that the board may prescribe the terms and conditions upon which a member, whose district service is terminated except by death or retirement, may elect to leave his contributions and interest thereon in the retirement fund, and the terms and conditions upon which a retirement allowance may be made to him after such termination based upon his contributions prior to such termination. (Amended by Stats. 1953, Ch. 808.)
  71. 12337.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Money received from the retirement system is generally protected: it cannot be assigned and is exempt from execution or similar collection processes, except as allowed by Civil Procedure Code section 704.110.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12337. All money received by any person as an annuity, pension, retirement allowance, disability payment, or death benefit from the retirement system, and all contributions and interest thereon returned to any member of the retirement system, whether in the actual possession of such person or deposited, loaned, or invested by him, is unassignable, and is exempt from execution or any other process except to the extent permitted by Section 704.110 of the Code of Civil Procedure. (Amended by Stats. 1982, Ch. 497, Sec. 164. Operative July 1, 1983, by Sec. 185 of Ch. 497.)
  72. 12337.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The retirement board may honor a written authorization that lets the district deduct money from retirement payments.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12337.5. Notwithstanding the provisions of Section 12337, the retirement board may comply with and give effect to a revocable written authorization signed by a retired member or beneficiary of a retired member entitled to a retirement allowance or benefit under this chapter, authorizing the district to deduct appropriate amounts from the retirement allowance or benefit payable to any such retired member or beneficiary of a retired member for the purpose of paying premiums of any group medical or hospital service plan, or both, approved by the district, for the benefit of such retired member or his dependents, for the payment of personal income taxes to the Government of the United States or of the State of California, or for the purchase of shares in, or the payment of money to, the utility district credit union. (Amended by Stats. 1977, Ch. 201.)
  73. 12338.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may establish a deferred compensation plan for some or all of its officers and employees under the referenced Government Code article.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Benefits and Contributions [12331 - 12338] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12338. Nothing in this division shall prevent a district from establishing a deferred compensation plan for some or all of its officers and employees pursuant to Article 1.1 (commencing with Section 53212) of Chapter 2 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 1976, Ch. 820.)
  74. 12361.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The board must create a retirement board with no more than five members, including at least two employee representatives, and define its powers, duties, and members’ tenure.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12361. The board shall create a retirement board of not more than five members, at least two members of which shall be the elected representatives of the employees, to administer the retirement system, and shall define its powers and duties and the tenure of the members. (Enacted by Stats. 1951, Ch. 764.)
  75. 12362.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    Members of the retirement board must serve without pay.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12362. All members of the retirement board shall serve without pay. (Enacted by Stats. 1951, Ch. 764.)
  76. 12363.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The retirement board decides who is eligible for participation in the retirement system and may modify service and disability allowances.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12363. The retirement board shall determine the eligibility of officers, employees, and their dependents to participation in the system and shall be the sole authority and judge under such ordinances as may be adopted by the board as to the conditions under which persons may be admitted to and continue to receive benefits of any sort under the retirement system, and may modify allowances for service and disability. The determination of the retirement board shall be final and conclusive and shall not be modified or set aside except for fraud or abuse of discretion. (Enacted by Stats. 1951, Ch. 764.)
  77. 12364.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    If the district maintains its own retirement fund, the retirement board has exclusive control over administering, investing, and disbursing that fund.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12364. If the district maintains its own retirement fund, the retirement board shall have exclusive control of the administration, investment, and disbursement of the retirement fund. The retirement fund is a trust fund held for the exclusive purposes of providing benefits to members of the retirement system and their survivors and beneficiaries. Investment of the fund shall be subject to the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. (Amended by Stats. 1984, Ch. 1738, Sec. 33. Effective September 30, 1984.)
  78. 12365.6.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The retirement board may invest retirement fund assets in deeds of trust and mortgages, but those investments may not exceed 25% of the system’s assets in aggregate.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12365.6. In addition to such other investments that are authorized by this article, the retirement board may, in its discretion, invest the assets of the retirement fund in deeds of trust and mortgages. Investments made under this section shall not exceed, in the aggregate, an amount equal to 25 percent of the assets of the system. (Added by Stats. 1981, Ch. 484, Sec. 1.)
  79. 12365.7.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The retirement board, or the district treasurer with board approval, may enter security loan agreements. The borrower must provide collateral, the lender must monitor value daily, and the board or treasurer must keep records, maintain controls, and publicize results.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12365.7. (a) Notwithstanding any other provision of this chapter, the retirement board, or the district’s treasurer with the approval of the retirement board, may enter into security loan agreements with broker-dealers and with California or national banks for the purpose of prudently supplementing the income normally received from investments. (b) “Security loan agreement” means a written contract whereby a legal owner, the lender, agrees to lend specific marketable corporate or government securities for a period not to exceed one year. The lender retains the right to collect from the borrower all dividends, interest, premiums, rights, and any other distributions to which the lender would otherwise have been entitled. The lender waives the right to vote the securities during the term of the loan. The lender may terminate the contract upon not more than five business days’ notice as agreed, and the borrower may terminate the contract upon not less than two business days’ notice as agreed. The borrower shall provide collateral to the lender in the form of cash or bonds or other interest-bearing notes and obligations of the United States or federal instrumentalities eligible for investment by a lending retirement fund. The collateral shall be in an amount equal to at least 102 percent of the market value of the loaned securities as agreed. The lender shall monitor the market value of the loaned securities daily. The loan agreement shall provide for payment of additional collateral on a daily basis, or at the time the value of the loaned securities increases, to agreed-upon ratios. In no event shall the amount of the collateral be less than the market value of the loaned securities. (c) “Marketable securities” means securities that are freely traded on recognized exchanges or marketplaces. (d) The retirement board or district treasurer entering into security loan agreements shall do all of the following: (1) Maintain detailed records of all security loans. (2) Develop controls and reports to monitor the conduct of the transactions. (3) Publicize the net results of the security loan transaction separate from the results of other investment activities. (Added by Stats. 1981, Ch. 484, Sec. 2.)
  80. 12365.8.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The retirement system may invest in investments authorized by the cited code sections, despite any other provision in this article.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12365.8. Notwithstanding any other provision of this article, the retirement system may invest in any and all investments authorized by Section 1372 of the Financial Code and Section 12871 of this code. (Added by Stats. 1981, Ch. 484, Sec. 3.)
  81. 12366.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The retirement board may contract with one or more qualified investment managers for its investment program, despite Section 12364.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12366. Notwithstanding Section 12364, the retirement board may contract with one or more qualified investment managers in connection with the investment program of the retirement board. (Amended by Stats. 1984, Ch. 1738, Sec. 37. Effective September 30, 1984.)
  82. 12367.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    The retirement board may authorize certain banks or trust companies to act as custodian for securities, collect related income or sale proceeds, and handle them for the retirement system.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12367. The retirement board may authorize a trust company or a trust department of any state or national bank authorized to conduct the business of a trust company in this state or the Federal Reserve Bank of San Francisco or any branch thereof within this state, to act as custodian of any securities invested in by the retirement board. Any such bank or trust company may be authorized to collect the income from such securities or the proceeds of the sale thereof for the retirement board, and deposit said income or funds in the account of the retirement system. The compensation of such bank or trust company for such custodial services shall be fixed by agreement and shall be paid in the same manner and from the same funds as are other costs of administration of the retirement system. Securities of the retirement fund held by the custodian bank or trust company may be registered in the nominee name of the custodian or of the retirement system. The custodian bank or trust company shall make such disposition of the securities as the retirement board shall authorize. All such securities are at all times subject to the order of the retirement board. (Added by Stats. 1969, Ch. 328.)
  83. 12368.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A district may invest deferred-compensation funds only if they are held under a written agreement with employees and a board-adopted deferral plan.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Retirement Board [12361 - 12368] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12368. Funds held by a district pursuant to a written agreement between the district and the employees of the district to defer a portion of the compensation otherwise receivable by the district’s employees and pursuant to a plan for such deferral as adopted by the board, may be invested in the types of investments set forth in Section 53609 of the Government Code. (Added by Stats. 1976, Ch. 820.)
  84. 12391.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Investigation and Penalties [12391 - 12392] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The board must have an actuarial valuation made at least once every four years after the retirement system is established, and must make needed changes based on that valuation.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Investigation and Penalties [12391 - 12392] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12391. At least once in each four-year period after the establishment of the retirement system the board shall cause to be made an actuarial valuation of the assets and liabilities of the retirement fund, and upon the basis of such investigation and valuation shall make such revision or change of the rates of contribution, the periods and conditions of service, and amounts of retirement allowances as may be necessary. (Enacted by Stats. 1951, Ch. 764.)
  85. 12392.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Investigation and Penalties [12391 - 12392] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    Specified district and retirement-system insiders must not have interests in investments, borrow retirement funds, use those funds except for authorized current and necessary payments, or act as endorser, surety, or obligor for retirement-fund investments.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 5. Retirement System [12301 - 12392] ( Chapter 5 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Investigation and Penalties [12391 - 12392] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12392. Except as herein provided, no member of the board or of the retirement board, nor any member of the retirement system or employee of the district, shall have any interest direct or indirect in the making of any investment or in the gains or profits accruing therefrom, and no such person, directly or indirectly, for himself or as an agent or partner of others, shall borrow any of its funds, nor shall any such person in any manner use the same except to make such current and necessary payments as are authorized by the retirement board, nor shall such a person become an endorser or surety as to, or in any manner an obligor for investments of the retirement fund. (Enacted by Stats. 1951, Ch. 764.)
  86. 125000.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [125000 - 125002] ( Chapter 1 added by Stats. 1975, Ch. 1188. )

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    This section says this part may be cited as the “North County Transit District Act.”

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [125000 - 125002] ( Chapter 1 added by Stats. 1975, Ch. 1188. ) ## 125000. This part shall be known and may be cited as the “North County Transit District Act.” (Amended by Stats. 2005, Ch. 150, Sec. 2. Effective January 1, 2006.)
  87. 125001.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [125000 - 125002] ( Chapter 1 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    This section defines “district” as the North County Transit District for this division.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [125000 - 125002] ( Chapter 1 added by Stats. 1975, Ch. 1188. ) ## 125001. As used in this division, “district” means the North County Transit District. (Amended by Stats. 2005, Ch. 150, Sec. 3. Effective January 1, 2006.)
  88. 125002.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [125000 - 125002] ( Chapter 1 added by Stats. 1975, Ch. 1188. )

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    The Legislature states its intent to improve public transportation coordination and says the North County Transit District should keep the right to join and merge with a future regionwide transit district when that is mutually beneficial.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 1. General Provisions and Definitions [125000 - 125002] ( Chapter 1 added by Stats. 1975, Ch. 1188. ) ## 125002. It is the intent of the Legislature to improve existing public transportation coordination. The Legislature recognizes that in order to achieve a unified, coordinated public transportation system within the San Diego region, it may be necessary to form a regionwide transit district at some future time. It is the intent of the Legislature that the North County Transit District shall reserve the right to join and merge with such a regionwide district at such time as it is deemed mutually beneficial by the board and the region as a whole. (Amended by Stats. 2005, Ch. 150, Sec. 4. Effective January 1, 2006.)
  89. 125050.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 2. Creation of Board [125050 - 125052] ( Chapter 2 added by Stats. 1975, Ch. 1188. )

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    The North County Transit District is created and must be governed by a board of directors.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 2. Creation of Board [125050 - 125052] ( Chapter 2 added by Stats. 1975, Ch. 1188. ) ## 125050. There is hereby created, in that portion of the County of San Diego as described in Section 125052, the North County Transit District. The district shall be governed by a board of directors. As used in this division, “board” means the board of directors of the district. The board shall consist of members selected as follows: (a) One member of the San Diego County Board of Supervisors appointed by the board of supervisors, which member shall represent, on the board of supervisors, the largest portion of the area under the jurisdiction of the district. (b) One member of each of the City Councils of the Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista, and each new city that incorporates within the district boundaries, appointed by the respective city council. (c) One nonvoting member who shall be a member of the City Council of the City of San Diego. (Amended by Stats. 2018, Ch. 222, Sec. 1. (AB 2982) Effective January 1, 2019.)
  90. 125051.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 2. Creation of Board [125050 - 125052] ( Chapter 2 added by Stats. 1975, Ch. 1188. )

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    Each appointing governing body must also appoint one alternate board member to serve when the regular member is unavailable.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 2. Creation of Board [125050 - 125052] ( Chapter 2 added by Stats. 1975, Ch. 1188. ) ## 125051. Each of the governing bodies appointing a member of the board pursuant to Section 125050 shall also appoint one alternate to serve on the board when the member is not available. The alternate shall be subject to the same restrictions and shall have the same powers, when serving on the board, as the member. (Added by Stats. 1975, Ch. 1188.)
  91. 125052.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 2. Creation of Board [125050 - 125052] ( Chapter 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The board’s area of jurisdiction consists of the listed cities, Camp Joseph H. Pendleton, and specified unincorporated areas in San Diego County.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 2. Creation of Board [125050 - 125052] ( Chapter 2 added by Stats. 1975, Ch. 1188. ) ## 125052. The area of jurisdiction of the board shall consist of the following areas: (a) The Cities of Carlsbad, Del Mar, Encinitas, Escondido, Oceanside, San Marcos, Solana Beach, and Vista and each new city that incorporates within the district boundaries. (b) Camp Joseph H. Pendleton. (c) The unincorporated areas of San Diego County lying within census tracts: 170.04 (but excluding that portion lying east of the eastern boundary of the City of San Diego), 171.00, 173.00, 174.01, 174.02, 175.00, 176.00, 177.00, 178.02, 185.02, 185.03, 186.01, 186.02, 188.00, 189.01, 189.02, 190.00, 191.01, 191.02, 192.01, 192.02, 193.00, 194.00, 196.00, 197.00, 198.00, 199.00, 200.01, 200.02, 200.03, 201.01, 201.02, 202.03, 202.05, 203.00, 204.00, 206.02, 207.01, 207.02, and 208.00, as set forth in the 1970 decennial census maps for the State of California on file with the Bureau of the Census, Department of Commerce, Washington, D.C. (Amended by Stats. 2005, Ch. 150, Sec. 6. Effective January 1, 2006.)
  92. 125100.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. )

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    The board must choose a chairman and vice chairman at the first meeting and then every January, and present members must pick a chairman pro tem if both are unavailable.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. ) ## 125100. The board at its first meeting, and thereafter annually at the first meeting in January, shall elect a chairman who shall preside at all meetings, and a vice chairman who shall preside in his absence. In the event of their absence or inability to act, the members present, by an order entered in the minutes, shall select one of their members to act as chairman pro tem, who, while so acting, shall have all of the authority of the chairman. (Added by Stats. 1975, Ch. 1188.)
  93. 125101.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. )

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    The board must establish rules for its proceedings.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. ) ## 125101. The board shall establish rules for its proceedings. (Added by Stats. 1975, Ch. 1188.)
  94. 125102.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. )

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    The board must adopt a policy to implement this section, and its voting rules include quorum, majority approval, and a weighted-vote process.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. ) ## 125102. (a) A majority of the members of the board constitutes a quorum for the transaction of business. All official acts of the board require the affirmative vote of the majority of the members of the board present. However, after a vote of the members is taken, a weighted vote may be called by any two members. (b) In the case of a weighted vote, the County of San Diego and each city shall, in total, exercise 100 votes to be apportioned annually based on population. (c) Approval under the weighted vote procedure requires the vote of the representatives of not less than three jurisdictions representing not less than 51 percent of the total weighted vote to supersede the original action of the board. (d) When a weighted vote is taken on any item that requires more than a majority vote of the board, it shall also require the supermajority percentage of the weighted vote. (e) For purposes of subdivision (b), the population of the County of San Diego is the population in the unincorporated area of the county within the area of jurisdiction of the board pursuant to Section 125052. (f) The board shall adopt a policy and procedure to implement this section. (Amended by Stats. 2017, Ch. 658, Sec. 8. (AB 805) Effective January 1, 2018.)
  95. 125103.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. )

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    The board must express its acts by motion, resolution, or ordinance.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. ) ## 125103. The acts of the board shall be expressed by motion, resolution, or ordinance. (Added by Stats. 1975, Ch. 1188.)
  96. 125104.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The board must conduct all of its meetings in the manner required by the Ralph M. Brown Act.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. ) ## 125104. All meetings of the board shall be conducted in the manner prescribed by the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code). (Added by Stats. 1975, Ch. 1188.)
  97. 125105.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The board must run the district’s transit systems and facilities, set the annual budget and staff compensation, adopt an administrative code, arrange an annual postaudit, appoint advisory commissions when needed, and do other necessary acts to carry out the division’s purposes.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. ) ## 125105. The board shall: (a) Acquire, construct, maintain, and operate (or let a contract to operate) public transit systems and related facilities. (b) Adopt an annual budget and fix the compensation of the district’s officers and employees. (c) Adopt an administrative code, by ordinance, that prescribes the powers and duties of district officers, the method of appointment of district employees, and methods, procedures, and systems of operation and management of the district. (d) Cause a postaudit of the financial transactions and records of the district to be made at least annually by a certified public accountant. (e) Appoint advisory commissions as it deems necessary. (f) Do any and all things necessary to carry out the purposes of this division, including, but not limited to, adopting all ordinances and making all rules and regulations proper or necessary to regulate the use, operation, and maintenance of the district’s property and facilities, including its public transit systems and related transportation facilities and services operating within its area of jurisdiction and those areas beyond its jurisdiction served by the district pursuant to contract or memorandum of agreement with another transit agency, and to carry into effect the powers granted to the district. (Amended by Stats. 2005, Ch. 150, Sec. 7. Effective January 1, 2006.)
  98. 125106.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The public hearing notice for the annual budget must be published under Government Code Section 6061, no later than 15 days before the hearing. The proposed annual budget must also be available for public inspection at least 15 days before the hearing.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. ) ## 125106. Notice of time and place of the public hearing for the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code, and shall be published not later than the 15th day prior to the date of the hearing. The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. (Added by Stats. 1975, Ch. 1188.)
  99. 125107.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    Board members, including qualifying alternates, are entitled to $150 for each attended meeting, subject to a $750 monthly cap, plus necessary and reasonable board-duty expenses.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 3. Administration [125100 - 125107] ( Chapter 3 added by Stats. 1975, Ch. 1188. ) ## 125107. Each member of the board, including an alternate member appointed pursuant to Section 125051 when acting on behalf of the member, shall be paid one hundred fifty dollars ($150) for each meeting of the board or other meeting of a governmental entity the member or alternate attends, but not to exceed seven hundred fifty dollars ($750) in any month, and the necessary and reasonable expenses in performing the duties as a board member. (Amended by Stats. 2016, Ch. 325, Sec. 1. (AB 1757) Effective January 1, 2017.)
  100. 125200.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 1. Corporate Powers [125200 - 125202] ( Article 1 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district has perpetual succession and may adopt and alter a seal.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 1. Corporate Powers [125200 - 125202] ( Article 1 added by Stats. 1975, Ch. 1188. ) ## 125200. The district has perpetual succession and may adopt a seal and alter it at its pleasure. (Amended by Stats. 2005, Ch. 150, Sec. 8. Effective January 1, 2006.)
  101. 125201.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 1. Corporate Powers [125200 - 125202] ( Article 1 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may sue and be sued in courts and tribunals of competent jurisdiction, unless another law provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 1. Corporate Powers [125200 - 125202] ( Article 1 added by Stats. 1975, Ch. 1188. ) ## 125201. 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. (Amended by Stats. 2005, Ch. 150, Sec. 9. Effective January 1, 2006.)
  102. 125202.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 1. Corporate Powers [125200 - 125202] ( Article 1 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    Claims for money or damages against the district are governed by Government Code Division 3.6, unless that division or other expressly applicable statutes or regulations provide otherwise.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 1. Corporate Powers [125200 - 125202] ( Article 1 added by Stats. 1975, Ch. 1188. ) ## 125202. All claims for money or damages against the district are governed by Division 3.6 (commencing with Section 810) of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 2005, Ch. 150, Sec. 10. Effective January 1, 2006.)
  103. 125220.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may make contracts and stipulations and take related acts, including for eminent domain matters, labor, indemnity, and security or police services.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125220. The district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, but not limited to, contracts and stipulations to indemnify and save harmless, to employ labor, to contract with a private patrol operator licensed pursuant to Article 4 (commencing with Section 7583) of Chapter 11.5 of Division 3 of the Business and Professions Code, the county sheriff and municipal police departments within the areas described in Section 125052, and other transit development boards for security, police, and related services, and to do all acts necessary and convenient for the full exercise of the powers granted in this division. (Amended by Stats. 2016, Ch. 325, Sec. 2. (AB 1757) Effective January 1, 2017.)
  104. 125221.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may contract with federal departments or agencies, other public agencies, or any person if it finds the terms are in its best interest.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125221. The district may contract with any department or agency of the federal government, any other public agency, or any person upon such terms and conditions as the district finds is in its best interest. (Added by renumbering Section 125222 by Stats. 2018, Ch. 554, Sec. 3. (AB 3177) Effective January 1, 2019.)
  105. 125222.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The board may use a flexible contracting process, but the district must follow set procurement rules for goods and services, including bid and quotation requirements above certain dollar thresholds.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125222. (a) The Legislature finds and declares that a compelling interest exists in ensuring all federal, state, local, and private moneys available to the district are captured and used in a timely manner. (b) In order to maximize the use of federal, state, local, and private funds, and to maintain a competitive posture in seeking supplemental federal funds, the board may establish and use a flexible contracting process, consistent with this division, to maximize its efficient use of public funds. (c) For the acquisition or lease of materials, supplies, or equipment, except in cases where an item of a specified brand or trade name is the only item that will properly meet the needs of the district or in an emergency declared by the vote of two-thirds of all the members of the board, all contracts shall be awarded as follows: (1) A contract with an expected cost that equals or exceeds one hundred fifty thousand dollars ($150,000), as authorized by the board, shall be made or entered into with the lowest responsible bidder that meets the specifications. For purposes of determining the lowest bid, the amount of sales tax shall be excluded from the total amount of the bid. (2) A contract with an expected cost that does not equal or exceed one hundred fifty thousand dollars ($150,000) shall be made or entered into using a district-approved competitive procurement process. When the expected cost of a contract equals or exceeds five thousand dollars ($5,000) and does not equal or exceed one hundred fifty thousand dollars ($150,000), the district shall seek a minimum of three quotations, either written or oral, to permit comparison of prices and other terms. (d) For the acquisition of services that are not within a category of services described in Section 4525 of the Government Code, except in cases of an emergency declared by a vote of two-thirds of the membership of the board, all contracts shall be awarded as follows: (1) A contract with an expected cost that equals or exceeds one hundred fifty thousand dollars ($150,000) shall be made and entered into by soliciting bids in writing and awarding the contract using a district-approved competitive procurement process, including, but not limited to, a negotiated procurement that may or may not evaluate price as a consideration. (2) A contract with an expected cost that does not equal or exceed one hundred fifty thousand dollars ($150,000) shall be made or entered into using a district-approved competitive procurement process. When the expected cost of a service contract equals or exceeds five thousand dollars ($5,000) and does not equal or exceed one hundred fifty thousand dollars ($150,000), the district shall seek a minimum of three quotations, either written or oral, to permit comparison of prices and other terms. (e) The board shall award contracts for architectural, landscape architectural, engineering, environmental, and land surveying services, and construction project management services, as those services are described in Section 4525 of the Government Code, in accordance with Chapter 10 (commencing with Section 4525) of Division 5 of Title 1 of the Government Code. (f) Notwithstanding this chapter, the board may use any approved competitive procurement process authorized for state or local agencies under state or federal law, including, but not limited to, a competitive negotiation process in accordance with Article 7.5 (commencing with Section 20216) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code. The board shall maintain acquisition and contracting guidelines and comply with those guidelines in the procurement of all goods and services. (g) Provisions that are in a federally funded contract concerning disadvantaged business enterprises and that are in accordance with the request for proposals shall not be subject to negotiation with the successful bidder. (Amended by Stats. 2023, Ch. 131, Sec. 202. (AB 1754) Effective January 1, 2024.)
  106. 125222.5.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may not enter a construction contract over $1,000,000 unless the entity gives an enforceable commitment to use a skilled and trained workforce, or the work falls within the stated apprenticeship/training rules.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125222.5. The district shall not enter into a construction contract over one million dollars ($1,000,000) with any entity unless the entity provides to the district an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (a) This subdivision shall not apply if any of the following requirements are met: (1) The district has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project or the district has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (2) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the district before January 1, 2017. (3) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (b) For purposes of subdivision (a), “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (Added by Stats. 2017, Ch. 658, Sec. 9. (AB 805) Effective January 1, 2018.)
  107. 125223.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The board may buy supplies, equipment, or materials in the open market without following normal contracting, bidding, or advertising rules if specified vote and bid conditions are met.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125223. (a) If, after rejecting bids received under Section 125222, the board determines and declares by a two-thirds vote of all of its members that, in its opinion, the supplies, equipment, or materials may be purchased at a lower price in the open market, the board may proceed to purchase these supplies, equipment, or materials in the open market without further observance of the provisions regarding contracts, bids, or advertisements. (b) If, after solicitation of bids under Section 125222, the board determines and declares by a majority vote that it has not received a responsive bid, the board may proceed to purchase the supplies, equipment, or materials in the open market without further complying with any contracting, bidding, or advertising requirements. (Added by renumbering Section 125224 by Stats. 2018, Ch. 554, Sec. 6. (AB 3177) Effective January 1, 2019.)
  108. 125224.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The executive director may authorize emergency direct purchases of goods and services using board-appropriated money if certain damage, service, or regulatory conditions are met and normal procurement is inadequate.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125224. (a) Upon determining that an immediate remedial measure to avert or alleviate damage to, or to repair or restore the damaged or destroyed property of, the district is necessary to ensure that the district’s facilities are available to serve the transportation needs of the general public, or to comply with any state or federal regulations with respect to the operation of public transportation services, and upon determining that available remedial measures, including procurement in compliance with Sections 125222 and 125223, are inadequate, the executive director may authorize the expenditure of moneys previously appropriated by the board specifically for the direct purchase of goods and services, without complying with Section 125222 or 125223. (b) The executive director, after the expenditure authorized under subdivision (a) has been made, shall submit to the board a full report explaining the necessity for that action. (Added by Stats. 2018, Ch. 554, Sec. 7. (AB 3177) Effective January 1, 2019.)
  109. 125225.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The board may approve prototype equipment or modifications for operational testing, if two-thirds of the board finds a regular purchase would not be adequate.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125225. Notwithstanding any other provision of this article, and upon a finding by two-thirds of all members of the board that a purchase in compliance with Sections 125222 and 125223 does not constitute a method of procurement adequate for the operation of the district’s facilities or equipment, the board may direct the procurement of prototype equipment or modifications in an amount sufficient to conduct and evaluate operational testing without further compliance with any contracting, bidding, or advertising requirements. (Added by Stats. 2018, Ch. 554, Sec. 8. (AB 3177) Effective January 1, 2019.)
  110. 125225.1.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The board may authorize certain purchases without normal contracting, bidding, or advertising requirements if two-thirds of the board finds there is only one source of procurement and the purchase is for duplicating, repairing, or replacing items in use.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125225.1. Notwithstanding Section 125222, the board may direct the purchase of any supplies, equipment, or materials without complying with any contracting, bidding, or advertising requirements upon a finding by two-thirds of all members of the board that there is only a single source of procurement and that the purchase is for the sole purpose of duplicating, repairing, or replacing supplies, equipment, or materials that are in use, including upgrades or migrations of proprietary intellectual property. (Added by Stats. 2018, Ch. 554, Sec. 9. (AB 3177) Effective January 1, 2019.)
  111. 125225.2.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    This section lets certain bidders or proposal submitters protest a procurement, but sets deadlines, filing rules, and hearing rights.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125225.2. (a) A person who submits, or who plans to submit, a proposal in response to a procurement solicitation may protest any acquisition conducted pursuant to Sections 125222 and 125223 as follows: (1) Protests based on the content of the procurement solicitation shall be filed with the district within 10 calendar days after the procurement solicitation is first advertised. The executive director, or the designee of the executive director, shall issue a written decision on the protest prior to the opening of the procurement solicitation. A protest may be renewed by refiling the protest with the board within 15 calendar days after the posting of the notice of the intent to award. (2) Any bidder may protest the intent to award on any ground not based upon the content of the procurement solicitation by filing a protest with the district within 15 calendar days after the posting of the notice of the intent to award. The executive director, or the designee of the executive director, shall issue a written decision on the protest. (3) Any protest shall contain a full and complete written statement specifying in detail the grounds of the protest and the facts supporting the protest. Protestors shall have an opportunity to appear and be heard before the board prior to the opening of the procurement solicitation in the case of protests based on the content of the procurement solicitation or renewed protests based on the content of the procurement solicitation, or prior to final award in the case of protests based on other grounds. (b) The decision on the protest by the board shall be in writing and shall constitute a final administrative decision for purposes of judicial review pursuant to Section 1094.6 of the Code of Civil Procedure. (Added by Stats. 2018, Ch. 554, Sec. 10. (AB 3177) Effective January 1, 2019.)
  112. 125226.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may insure the system against accidents or destruction, and may provide insurance under the referenced Government Code provision.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125226. The district may insure against any accident or destruction of the system or any part thereof. The district may also provide insurance as provided in Part 6 (commencing with Section 989) of Division 3.6 of Title 1 of the Government Code. (Amended by Stats. 2005, Ch. 150, Sec. 14. Effective January 1, 2006.)
  113. 125227.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may contract for independent contractor services.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Contracts [125220 - 125227] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125227. The district may contract for the services of independent contractors. (Amended by Stats. 2005, Ch. 150, Sec. 15. Effective January 1, 2006.)
  114. 125240.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 3. Property [125240 - 125241] ( Article 3 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may acquire, hold, use, lease, mortgage, sell, or otherwise dispose of real and personal property needed to exercise its powers.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 3. Property [125240 - 125241] ( Article 3 added by Stats. 1975, Ch. 1188. ) ## 125240. The district may take by grant, purchase, devise, or lease, or condemn in proceedings under eminent domain, or otherwise acquire, and hold and enjoy, real and personal property of every kind within or without its area of jurisdiction necessary to the full or convenient exercise of its powers. The district may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without its area of jurisdiction necessary to the full or convenient exercise of its powers. (Amended by Stats. 2005, Ch. 150, Sec. 16. Effective January 1, 2006.)
  115. 125241.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 3. Property [125240 - 125241] ( Article 3 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district is entitled to benefit from certain reservations or grants tied to public agency rights for roads, highways, or other crossings.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 3. Property [125240 - 125241] ( Article 3 added by Stats. 1975, Ch. 1188. ) ## 125241. The district 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 maintain roads, highways, or other crossings over any public or private lands. (Amended by Stats. 2005, Ch. 150, Sec. 17. Effective January 1, 2006.)
  116. 125260.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 4. Transit System [125260- 125260.] ( Article 4 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district must plan, construct, and operate, or contract for the operation of, public transit systems, following the referenced act.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 4. Transit System [125260- 125260.] ( Article 4 added by Stats. 1975, Ch. 1188. ) ## 125260. The district shall plan, construct, and operate (or let a contract to operate) public transit systems in conformance with, and to the extent provided for in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7). (Amended by Stats. 2005, Ch. 150, Sec. 18. Effective January 1, 2006.)
  117. 125350.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 6. Transportation Funding [125350 - 125352] ( Article 6 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district is treated as a provider of services within its jurisdiction for the purpose of Section 1604 of Title 49 of the U.S. Code.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 6. Transportation Funding [125350 - 125352] ( Article 6 added by Stats. 1975, Ch. 1188. ) ## 125350. The district shall be deemed a provider of services within the area of its jurisdiction for purposes of Section 1604 of Title 49 of the United States Code. (Amended by Stats. 2005, Ch. 150, Sec. 21. Effective January 1, 2006.)
  118. 125351.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 6. Transportation Funding [125350 - 125352] ( Article 6 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district must take all necessary action to obtain the maximum funding available under Section 1602 of Title 49 of the United States Code.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 6. Transportation Funding [125350 - 125352] ( Article 6 added by Stats. 1975, Ch. 1188. ) ## 125351. The district shall take all action necessary to obtain the maximum amount of funding available pursuant to Section 1602 of Title 49 of the United States Code. (Amended by Stats. 2005, Ch. 150, Sec. 22. Effective January 1, 2006.)
  119. 125352.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 6. Transportation Funding [125350 - 125352] ( Article 6 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district is directed to apply for public transportation funds, subject to the cited act and its limitations.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 6. Transportation Funding [125350 - 125352] ( Article 6 added by Stats. 1975, Ch. 1188. ) ## 125352. It is the intent of this section that the district shall file application for funds for public transportation in conformity with, and subject to the limitations set forth in, the San Diego Regional Transportation Consolidation Act (Chapter 3 (commencing with Section 132350) of Division 12.7) under Chapter 4 (commencing with Section 99200) of Part 11 of Division 10. (Amended by Stats. 2005, Ch. 150, Sec. 23. Effective January 1, 2006.)
  120. 125400.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 7. Public Contributions, Grants, Loans, and Contracts Cooperation [125400- 125400.] ( Article 7 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may accept public contributions, grants, or loans and may contract or cooperate with public agencies or the United States for public transit projects.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 7. Public Contributions, Grants, Loans, and Contracts Cooperation [125400- 125400.] ( Article 7 added by Stats. 1975, Ch. 1188. ) ## 125400. The district may accept contributions, grants, or loans from any public agency or the United States or any department, instrumentality, or agency thereof, for the purpose of financing the planning, acquisition, construction, or operation of public transit systems, and may enter into contracts and cooperate with, and accept cooperation from, any public agency or the United States, or agency thereof, in the planning, acquisition, construction, or operation of those systems in accordance with any legislation that Congress or the Legislature may have heretofore adopted or may hereafter adopt, under which aid, assistance, and cooperation may be furnished by the United States or any public agency in the planning, acquisition, construction, or operation of those systems. The district may do any and all things necessary in order to avail itself of that aid, assistance, and cooperation under any federal or state legislation now or hereafter enacted. (Amended by Stats. 2005, Ch. 150, Sec. 24. Effective January 1, 2006.)
  121. 125450.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 8. Transit Enforcement and Penalties [125450 - 125453] ( Article 8 added by Stats. 1993, Ch. 990, Sec. 7. )

    Verify source ↗

    Violating a board rule about not paying fares in district-controlled transit facilities is an infraction with up to a $75 fine; after a second conviction, it becomes a misdemeanor with higher penalties.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 8. Transit Enforcement and Penalties [125450 - 125453] ( Article 8 added by Stats. 1993, Ch. 990, Sec. 7. ) ## 125450. A violation of any ordinance, rule, or regulation enacted by the board relating to the nonpayment of a fare in any transit facility owned or controlled by the district shall be an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the second conviction under this section, shall be a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (Added by Stats. 2005, Ch. 150, Sec. 25. Effective January 1, 2006.)
  122. 125451.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 8. Transit Enforcement and Penalties [125450 - 125453] ( Article 8 added by Stats. 1993, Ch. 990, Sec. 7. )

    Verify source ↗

    No person may knowingly give false information to a public officer or employee enforcing this article.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 8. Transit Enforcement and Penalties [125450 - 125453] ( Article 8 added by Stats. 1993, Ch. 990, Sec. 7. ) ## 125451. No person shall give, either orally or in writing, information to a public officer or employee engaged in the enforcement of this article if that person knows that the information is false. A violation of this section is an infraction punishable by a fine not to exceed seventy-five dollars ($75), except that a violation by a person, after a second conviction of a violation of this section, shall be a misdemeanor punishable by a fine not to exceed five hundred dollars ($500) or by imprisonment in the county jail not to exceed six months, or by both the fine and imprisonment. This section is in addition to, and does not supersede or limit, any and all other remedies, civil or criminal. (Added by Stats. 1993, Ch. 990, Sec. 7. Effective January 1, 1994.)
  123. 125452.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 8. Transit Enforcement and Penalties [125450 - 125453] ( Article 8 added by Stats. 1993, Ch. 990, Sec. 7. )

    Verify source ↗

    Breaking board rules that ban unauthorized use, tampering, interference, or loitering at board-controlled transit facilities is an infraction, with higher penalties after a first conviction.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 8. Transit Enforcement and Penalties [125450 - 125453] ( Article 8 added by Stats. 1993, Ch. 990, Sec. 7. ) ## 125452. A violation of any ordinance, rule, or regulation enacted by the board prohibiting unauthorized operation or manipulation of transit facilities owned or controlled by the board, or prohibiting unauthorized tampering or interference with, or loitering in or about, transit facilities owned or controlled by the board, is an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment. (Added by Stats. 1993, Ch. 990, Sec. 7. Effective January 1, 1994.)
  124. 125453.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 8. Transit Enforcement and Penalties [125450 - 125453] ( Article 8 added by Stats. 1993, Ch. 990, Sec. 7. )

    Verify source ↗

    Violating a board rule against unauthorized entry or attachment to vehicles on exclusive public mass transit guideways is an infraction, with higher penalties after a first conviction.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 8. Transit Enforcement and Penalties [125450 - 125453] ( Article 8 added by Stats. 1993, Ch. 990, Sec. 7. ) ## 125453. A violation of any ordinance, rule, or regulation enacted by the board prohibiting the unauthorized entering into, climbing upon, holding onto, or in any manner attaching oneself to vehicles operated upon exclusive public mass transit guideways owned or controlled by the board, is an infraction punishable by a fine not exceeding seventy-five dollars ($75), except that a violation by a person, after the first conviction under this section, is a misdemeanor punishable by a fine not exceeding five hundred dollars ($500) or by imprisonment in the county jail not exceeding six months, or by both that fine and imprisonment. (Added by Stats. 1993, Ch. 990, Sec. 7. Effective January 1, 1994.)
  125. 125480.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    The board may impose a retail transactions and use tax ordinance for all or part of its area, and must follow specified legal requirements and voter approval steps.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125480. (a) A retail transactions and use tax ordinance applicable to the entirety of, or a portion of, the incorporated and unincorporated territory within the area of the board pursuant to Section 125052 shall be imposed by the board in accordance with Section 125485, the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code), and Section 2 of Article XIII C of the California Constitution. The tax ordinance shall take effect at the close of the polls on the day of election at which the proposition is adopted. The initial collection of the transactions and use tax shall take place in accordance with Section 125483. (b) If, at any time, the voters do not approve the imposition of the transactions and use tax, this chapter remains in full force and effect. The board may, at any time thereafter, submit the same, or a different, measure to the voters in accordance with this chapter. (c) The portion of the area of the board to which the tax would apply shall be determined by the board before the electors vote on the measure. (d) If the tax only applies to a portion of an area of the board, both of the following shall apply: (1) (A) The incorporated area of each city and of contiguous cities within the area of the board shall be either wholly included within that portion or wholly excluded from that portion. For purposes of this subparagraph, “contiguous cities” means two or more cities with shared borders. (B) The entire unincorporated area of the board shall either be wholly included within that portion or wholly excluded from that portion. (2) (A) The board shall not enter into a construction contract over one million dollars ($1,000,000) that would be in part or wholly financed through the tax with any entity unless the entity provides to the board an enforceable commitment that the entity and its subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or a contract that falls within an apprenticeship occupation in the building and construction trades in accordance with Chapter 2.9 (commencing with Section 2600) of Part 1 of Division 2 of the Public Contract Code. (B) This paragraph shall not apply if any of the following requirements are met: (i) The board has entered into a project labor agreement that will bind all contractors and subcontractors performing work on the project. (ii) The board has contracted to use a skilled and trained workforce and the entity has agreed to be bound by that project labor agreement. (iii) The project or contract is being performed under the extension or renewal of a project labor agreement that was entered into by the board before January 1, 2019. (iv) The entity has entered into a project labor agreement that will bind the entity and all its subcontractors at every tier performing the project or the entity has contracted to use a skilled and trained workforce. (C) For purposes of this paragraph, “project labor agreement” has the same meaning as defined in paragraph (1) of subdivision (b) of Section 2500 of the Public Contract Code. (e) The revenues derived from the tax shall be spent within, or for the benefit of, the portion of the area of the board to which the tax applies, and shall be spent only on transportation and transit infrastructure and services. (f) Any revenues derived from the tax shall supplement, and not supplant, other transportation revenues available to the portion of the area of the board to which the tax applies. (Amended by Stats. 2019, Ch. 758, Sec. 6. (AB 1413) Effective January 1, 2020.)
  126. 125481.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    The board must state key tax details in the ordinance and include an expenditure plan; it may also set the tax term.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125481. (a) The board, in the ordinance, shall state the nature of the tax to be imposed, the tax rate or the maximum tax rate, the purposes for which the revenue derived from the tax will be used, the portion of the area of the board to which the tax would apply, and may set a term during which the tax will be imposed. The purposes for which the tax revenues may be used shall be limited to public transit purposes serving the area of jurisdiction of the board, as determined by the board, including the administration of this division and legal actions related thereto. These purposes include expenditures for the planning, environmental reviews, engineering and design costs, and related right-of-way acquisition. The ordinance shall contain an expenditure plan that shall include the allocation of revenues for the purposes authorized by this section. (b) As used in this section, “public transit purposes” includes the public transit responsibilities under the jurisdiction of the district as well as any repair, redesign, or ongoing maintenance of a right-of-way upon which transit is intended to travel, or any bikeway, bicycle path, sidewalk, trail, pedestrian access, or pedestrian accessway. (Amended by Stats. 2019, Ch. 758, Sec. 7. (AB 1413) Effective January 1, 2020.)
  127. 125482.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    The county must conduct an election called by the board under Section 125480.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125482. (a) The county shall conduct an election called by the board pursuant to Section 125480. (b) The election shall be called and conducted in the same manner as provided by law for the conduct of elections by a county. (Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
  128. 125483.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    The board must contract with the California Department of Tax and Fee Administration before the ordinance becomes operative, and must provide certain street and boundary information within 45 days after voter approval.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125483. (a) A transactions and use tax ordinance adopted pursuant to this article shall be operative on the first day of the first calendar quarter commencing more than 150 days after adoption of the ordinance. (b) (1) Before the operative date of the ordinance, the board shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of the ordinance. The costs to be covered by the contract may also include services of the types described in Section 7272 of the Revenue and Taxation Code for preparatory work up to the operative date of the ordinance. Any disputes as to the amount of the costs shall be resolved in the same manner as provided in that section. (2) Notwithstanding Section 7272 of the Revenue and Taxation Code, the maximum amount of preparatory costs incurred may exceed those costs as described in paragraph (1), if the increased amount reflects necessary preparatory costs. (c) Within 45 days from the date the ordinance is approved by the voters, the board shall provide the California Department of Tax and Fee Administration with a complete alphabetical list of all streets within the affected area under the jurisdiction of the board pursuant to Section 125052, which shall include beginning and ending street numbers, and shall maintain that list on its internet website. The board shall also provide a legal description and a map or plat, that both describe the boundaries of the applicable area of the board pursuant to Section 125052. (Amended by Stats. 2019, Ch. 758, Sec. 8. (AB 1413) Effective January 1, 2020.)
  129. 125484.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    The board may allocate tax revenues for public transit purposes if the allocation is consistent with the applicable regional transportation improvement program and regional transportation plan.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125484. The revenues from the taxes imposed pursuant to this article may be allocated by the board for public transit purposes consistent with the applicable regional transportation improvement program and the applicable regional transportation plan. (Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
  130. 125485.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    The board may impose a maximum transactions and use tax rate of one-half of 1 percent if the voters in the affected part of the county approve it.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125485. The board, subject to the approval of the voters within the portion of the county to which the tax would apply, may impose a maximum tax rate of one-half of 1 percent under this article and the Transactions and Use Tax Law (Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code). The board shall not levy the tax at a rate other than one-half or one-fourth of 1 percent unless specifically authorized by the Legislature. (Amended by Stats. 2019, Ch. 758, Sec. 9. (AB 1413) Effective January 1, 2020.)
  131. 125486.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    The board may seek authorization to issue bonds payable from the proceeds of a retail transactions and use tax ballot proposition.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125486. The board, as part of the ballot proposition to approve the imposition of a retail transactions and use tax, may seek authorization to issue bonds payable from the proceeds of the tax. (Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
  132. 125487.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    Challenges to the ordinance, related bonds, or related proceedings must be started within six months after the election approving the ordinance.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125487. Any action or proceeding wherein the validity of the adoption of the retail transactions and use tax ordinance provided for in this article or the issuance of any bonds thereunder or any of the proceedings in relation thereto is contested, questioned, or denied, shall be commenced within six months from the date of the election at which the ordinance is approved; otherwise, the bonds and all proceedings in relation thereto, including the adoption and approval of the ordinance, shall be held to be valid and in every respect legal and incontestable. (Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
  133. 125488.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. )

    Verify source ↗

    The board may not impose taxes other than the transactions and use tax approved by voters under this article.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 4. Powers and Functions [125200 - 125488] ( Chapter 4 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 9. Transactions and Use Tax [125480 - 125488] ( Article 9 added by Stats. 2017, Ch. 658, Sec. 10. ) ## 125488. The board has no power to impose any tax other than the transactions and use tax imposed upon approval of the voters in accordance with this article. (Added by Stats. 2017, Ch. 658, Sec. 10. (AB 805) Effective January 1, 2018.)
  134. 125500.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 1. Application [125500- 125500.] ( Article 1 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    This chapter becomes operative when the district first begins operating a public transit system under Section 125105.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 1. Application [125500- 125500.] ( Article 1 added by Stats. 1975, Ch. 1188. ) ## 125500. This chapter shall become operative on the date the district first begins to operate a public transit system pursuant to Section 125105. (Added by Stats. 2005, Ch. 150, Sec. 26. Effective January 1, 2006. Note: This section prescribes the operative date for Chapter 5, commencing with this section.)
  135. 125520.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    Employees have the right to organize, join or help labor organizations, bargain collectively through chosen representatives, and engage in concerted activities for collective bargaining or mutual aid and protection.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125520. Employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection. (Added by Stats. 1975, Ch. 1188.)
  136. 125521.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    Representation questions go to the Public Employment Relations Board, and the California State Mediation and Conciliation Service must run the hearing, election, and certification process.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125521. Any question which may arise with respect to whether a majority of employees in an appropriate unit desire to be represented by a labor organization shall be submitted to the Public Employment Relations Board. In resolving those questions of representation, including the determination of the appropriate unit or units, petitions, and the conduct of hearings and elections, the board shall apply the relevant federal law and administrative practice developed under the Labor Management Relations Act, 1947, as amended, and, for this purpose, shall adopt appropriate rules and regulations. The California State Mediation and Conciliation Service shall administer any rules and regulations and shall provide for a prompt public hearing and secret ballot election to determine the question of representation and shall certify the results to the parties. Any certification of a labor organization to represent or act for the employees in any collective-bargaining unit shall not be subject to challenge on the grounds that a new substantial question of representation within the collective-bargaining unit exists until the lapse of one year from the date of certification or the expiration of any collective-bargaining agreement, whichever is later, except that no collective-bargaining agreement shall be considered to be a bar to representation proceedings for a period of more than two years. (Amended by Stats. 2012, Ch. 46, Sec. 135. (SB 1038) Effective June 27, 2012.)
  137. 125522.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    If the employees choose representation and the union has majority support, the district and the employees’ accredited representative must bargain in good faith and use reasonable efforts to reach a written agreement.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125522. 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 organization and upon determining, as provided in Section 125521, that the labor organization represents at least a majority of the employees in the appropriate unit, the district and the accredited representative of employees shall bargain in good faith and make all reasonable efforts to reach agreement on the terms of a written contract governing wages, hours, pensions, and working conditions. (Amended by Stats. 2005, Ch. 150, Sec. 27. Effective January 1, 2006.)
  138. 125523.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may not discriminate in employment on the listed Government Code bases, except as otherwise allowed by Section 12940. Labor organizations, associations, or groups may also bar from membership individuals who advocate overthrowing the government by force or violence.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125523. (a) A contract or agreement shall not be made with any labor organization, association, or group that denies membership on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code. However, the organization may preclude from membership any individual who advocates the overthrow of the government by force or violence. (b) The district shall not discriminate with regard to employment against any person on any basis listed in subdivision (a) of Section 12940 of the Government Code, as those bases are defined in Sections 12926 and 12926.1 of the Government Code, except as otherwise provided in Section 12940 of the Government Code. (Amended by Stats. 2004, Ch. 788, Sec. 31. Effective January 1, 2005.)
  139. 125524.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    If negotiations over a written labor contract stall after a reasonable time, either side may ask the State Conciliation Service for mediation.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125524. If, after a reasonable period of time, representatives of the district and the accredited representatives of the employees fail to reach agreement on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, either party may request mediation services of the State Conciliation Service. (Amended by Stats. 2005, Ch. 150, Sec. 28. Effective January 1, 2006.)
  140. 125525.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    If the district and employee representatives cannot agree after a reasonable period, they may submit the dispute to arbitration if both sides agree.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125525. If, after a reasonable period of time, representatives of the district and the accredited representatives of the employees fail to reach agreement either on the terms of a written contract governing wages, hours, pensions, and working conditions or the interpretation or application of the terms of an existing contract, upon the agreement of both the district and the representatives of the employees, the dispute may be submitted to an arbitration board. The arbitration board shall be composed of two representatives of the district and two representatives of the labor organization, and they shall endeavor to agree upon the selection of a fifth member. If they are unable to agree, the names of five persons experienced in labor arbitration shall be obtained from the State Conciliation Service. The labor organization and the district shall, alternately, strike a name from the list so supplied, and the name remaining after the labor organization and the district have stricken four names, shall be designated as the fifth arbitrator and the chair of the board of arbitration. The labor organization and the district shall determine by lot who shall first strike a name from the list. The decision of a majority of the arbitration board shall be final and binding upon the parties thereto. Each party shall be responsible for the expense of the presentation of its case. All other expenses of arbitration shall be borne equally by the parties and the expenses may include the making of a verbatim record of the proceedings and transcript of that record. (Amended by Stats. 2005, Ch. 150, Sec. 29. Effective January 1, 2006.)
  141. 125526.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    If the district and employee representatives do not agree to arbitrate a dispute, the State Conciliation Service is notified, may determine whether the dispute can be resolved, and must report its findings to the Governor, who must appoint a three-person factfinding commission within 10 days.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125526. If the district and the representatives of the employees do not agree to submit any dispute to arbitration as provided in Section 125525, the State Conciliation Service may be notified by either party that a dispute exists and there is no agreement to arbitrate. Following that notification, the State Conciliation Service shall determine whether or not the dispute may be resolved by the parties and, if not, the issues concerning which the dispute exists. Upon that determination, the service shall certify its findings to the Governor. The Governor shall, within 10 days of receipt of certification, appoint a factfinding commission consisting of three persons. The commission shall immediately convene and inquire into and investigate the issues in the dispute. The commission shall have authority to issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, documents, and other records. Subpoenas shall be served and enforced in accordance with Chapter 2 (commencing with Section 1985) of Title 3 of Part 4 of the Code of Civil Procedure. The commission shall report to the Governor within 30 days of the date of its creation. After the creation of the commission, and for 30 days after the commission has made its report to the Governor, no change, except by mutual agreement, shall be made by the parties to the controversy in the conditions out of which the dispute arose, and service to the public shall be provided. (Amended by Stats. 2005, Ch. 150, Sec. 30. Effective January 1, 2006.)
  142. 125527.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    If an exclusive collective-bargaining representative is selected under Section 125521, the district is not subject to the cited Government Code chapter.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 2. Employee Relations [125520 - 125527] ( Article 2 added by Stats. 1975, Ch. 1188. ) ## 125527. If an exclusive collective-bargaining representative is selected pursuant to Section 125521, the provisions of Chapter 10 (commencing with Section 3500) of Division 4 of Title 1 of the Government Code are not applicable to the district. (Amended by Stats. 2005, Ch. 150, Sec. 31. Effective January 1, 2006.)
  143. 125540.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 3. Rights of Employees of Existing Facilities [125540 - 125541] ( Article 3 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    When the district takes over a utility’s existing facilities, qualifying employees must be placed in comparable jobs without examination, keep certain benefits credits, and not lose wages or benefits because of the acquisition.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 3. Rights of Employees of Existing Facilities [125540 - 125541] ( Article 3 added by Stats. 1975, Ch. 1188. ) ## 125540. Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings by eminent domain or otherwise, to the extent necessary for operation of facilities, all of the employees of the utility whose duties pertain to the facilities acquired who have been employed by the utility for at least 75 days shall be appointed to comparable positions by the board without examination. These employees shall be given sick leave, seniority, and vacation credits in accordance with the records of the acquired public utility. No employee of any acquired public utility shall suffer any worsening of wages, seniority, pension, vacation, or other benefits by reason of the acquisition. Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, the district shall assume and observe all existing labor contracts. The provisions of this section shall apply only to those officers or supervisory employees of the acquired utility as shall be designated by the district. (Amended by Stats. 2005, Ch. 150, Sec. 32. Effective January 1, 2006.)
  144. 125541.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 3. Rights of Employees of Existing Facilities [125540 - 125541] ( Article 3 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    When the district acquires facilities from a utility with a pension plan, pension-plan members and beneficiaries keep their rights and benefits, and the utility’s pension liabilities must be reflected in the purchase price.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 3. Rights of Employees of Existing Facilities [125540 - 125541] ( Article 3 added by Stats. 1975, Ch. 1188. ) ## 125541. Whenever the district acquires existing facilities from a publicly or privately owned utility, either in proceedings in eminent domain or otherwise, that has a pension plan in operation, members and beneficiaries of that pension plan shall continue to have the rights, privileges, benefits, obligations and status with respect to that established system. The outstanding obligations and liabilities of that public utility by reason of that pension plan shall be considered and taken into account and allowance made therefor in the purchase price of that public utility. The persons entitled to pension benefits as provided for in this section and the benefits which are provided shall be specified in the agreement or order by which any public utility is acquired by the district. (Amended by Stats. 2005, Ch. 150, Sec. 33. Effective January 1, 2006.)
  145. 125550.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 4. Pension Plan [125550 - 125552] ( Article 4 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    A district pension plan for employees in a union bargaining unit must be based on a collective bargaining agreement and is subject to this section.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 4. Pension Plan [125550 - 125552] ( Article 4 added by Stats. 1975, Ch. 1188. ) ## 125550. (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 pursuant to a collective bargaining agreement between that organization and the district and shall be subject to this section. (b) The pension plan and the funds of the plan shall be managed and administered by a retirement board composed of equal representation of labor and management. Any deadlock among the members of the board with respect to that management and administration shall be resolved in the manner specified in Section 302 of the federal Labor Management Relations Act, 1947 (29 U.S.C. Sec. 186(c)(5)). (c) The duties and responsibilities of the retirement board shall be executed in accordance with Section 17 of Article XVI of the California Constitution. (d) This section does not apply if the district has, pursuant to a collective bargaining agreement, provided membership for the district’s represented employees in the Public Employees’ Retirement System, a retirement system established pursuant to the County Employees Retirement Law of 1937, or a pension trust subject to the Employee Retirement Income Security Act of 1974 (29 U.S.C. Sec. 1001 et seq.). (Amended by Stats. 2005, Ch. 150, Sec. 34. Effective January 1, 2006.)
  146. 125551.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 4. Pension Plan [125550 - 125552] ( Article 4 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district may contract with the retirement system board, and if it does, the board must enter the contract. Employees in a union bargaining unit can be included only if a collective-bargaining agreement authorizes it.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 4. Pension Plan [125550 - 125552] ( Article 4 added by Stats. 1975, Ch. 1188. ) ## 125551. The district may contract with the Board of Administration of the Public Employees’ Retirement System, and in that case the board of administration shall enter into a contract with the district, to enter all, or any portion, of the employees of the district under that system; provided, that no employees of the district in a bargaining unit that is represented by a labor organization shall be included in the contract except as authorized by a collective-bargaining agreement. (Amended by Stats. 2005, Ch. 150, Sec. 35. Effective January 1, 2006.)
  147. 125552.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 4. Pension Plan [125550 - 125552] ( Article 4 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    Certain pension-benefit recipients and beneficiaries may join or receive pensions under a district pension plan if they and the district agree.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 4. Pension Plan [125550 - 125552] ( Article 4 added by Stats. 1975, Ch. 1188. ) ## 125552. All persons receiving pension benefits from an acquired public utility, and all persons entitled to pension benefits under any pension plan of the acquired public utility, may become members or receive pensions under a pension plan established by the district by mutual agreement of those persons and the district. The agreement may provide for the waiver of all rights, privileges, benefits, and status with respect to the pension plan of the acquired public utility. (Amended by Stats. 2005, Ch. 150, Sec. 36. Effective January 1, 2006.)
  148. 125560.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 5. Other Benefits [125560 - 125561] ( Article 5 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district must take necessary steps to obtain Social Security Act coverage for the board and its employees.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 5. Other Benefits [125560 - 125561] ( Article 5 added by Stats. 1975, Ch. 1188. ) ## 125560. The district shall take such steps as may be necessary to obtain coverage for the board and its employees under Subchapter II of the Federal Social Security Act, as amended, and the related provisions of the Federal Contributions Act, as amended. (Amended by Stats. 2005, Ch. 150, Sec. 37. Effective January 1, 2006.)
  149. 125561.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 5. Other Benefits [125560 - 125561] ( Article 5 added by Stats. 1975, Ch. 1188. )

    Verify source ↗

    The district must take necessary steps to obtain insurance coverage for the board and its employees under California workers’ compensation, unemployment compensation, and disability/unemployment insurance laws.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 5. Other Benefits [125560 - 125561] ( Article 5 added by Stats. 1975, Ch. 1188. ) ## 125561. The district shall take such steps as may be necessary to obtain coverage for the board and its employees under the workers’ compensation, unemployment compensation, and disability and unemployment insurance laws of the State of California. (Amended by Stats. 2005, Ch. 150, Sec. 38. Effective January 1, 2006.)
  150. 125600.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 6. Transit Police Force [125600- 125600.] ( Article 6 added by Stats. 1993, Ch. 990, Sec. 8. )

    Verify source ↗

    The district may create and run a police force, and it must follow peace officer recruitment and training standards set by POST.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 5. Personnel [125500 - 125600] ( Chapter 5 added by Stats. 1975, Ch. 1188. ) ## ARTICLE 6. Transit Police Force [125600- 125600.] ( Article 6 added by Stats. 1993, Ch. 990, Sec. 8. ) ## 125600. The district may establish and maintain a police force. Those employees of the district appointed by the executive director to the police force and who are duly sworn are peace officers, subject to Section 830.33 of the Penal Code. The district shall comply with the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training pursuant to Title 4 (commencing with Section 13500) of Part 4 of the Penal Code. (Amended by Stats. 2005, Ch. 150, Sec. 39. Effective January 1, 2006.)
  151. 125700.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district may issue bonds funded by revenue from a facility or enterprise it will acquire or build, following the Revenue Bond Law of 1941.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125700. The district may issue bonds, payable from revenue of any facility or enterprise to be acquired or constructed by the district, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), and all of the provisions of that law are applicable to the district. (Amended by Stats. 2005, Ch. 150, Sec. 40. Effective January 1, 2006.)
  152. 125701.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district may issue revenue bonds for authorized transit facilities or specified transit equipment, and it may use chapter procedures for bond issuance without this chapter prohibiting that.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125701. 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 of the Government Code). The term “enterprise,” as used in the Revenue Bond Law of 1941, for all purposes of this chapter, includes the transit system or any or all transit facilities and all additions, extensions, and improvements thereto authorized to be acquired, constructed, or completed by the district. The district may issue revenue bonds under the Revenue Bond Law of 1941 for any one or more transit facilities authorized to be acquired, constructed, or completed by the district or for transit equipment described in Section 125702 authorized to be acquired by the district or, in the alternative, the district may issue revenue bonds under the Revenue Bond Law of 1941 for the acquisition, construction, and completion of any one of those transit facilities or for transit equipment described in Section 125702 authorized to be acquired by the district. Nothing in this chapter prohibits the district from availing itself of, or making use of, any procedure provided in this chapter for the issuance of bonds of any type or character for any of the transit facilities authorized hereunder, and all proceedings may be carried on simultaneously or, in the alternative, as the district may determine. (Amended by Stats. 2005, Ch. 150, Sec. 41. Effective January 1, 2006.)
  153. 125702.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district may buy, lease, finance, and dispose of transit equipment, but title may not pass to the district until the equipment trust certificates are paid.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125702. The district may purchase transit equipment such as cars, trolley buses, motorbuses, light rail vehicles, or rolling equipment, and may execute agreements, leases, and equipment trust certificates in the forms customarily used by private corporations engaged in the transit business appropriate to effect the purchase and leasing of transit equipment, and may dispose of the equipment trust certificates upon the terms and conditions that the district may deem appropriate. Payment for transit equipment, or rentals therefor, may be made in installments, and the deferred installments may be evidenced by equipment trust certificates that are or will be legally available to the district. Title to the equipment may not vest in the district until the equipment trust certificates are paid. (Amended by Stats. 2005, Ch. 150, Sec. 42. Effective January 1, 2006.)
  154. 125703.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    An agreement to buy or lease transit equipment may allow the equipment to be transferred to a bank or trust company as trustee, delivered to district officers, and then leased or sold back to the district.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125703. The agreement to purchase or lease transit equipment may direct the vendor or lessor to sell and assign or lease the transit equipment to a bank or trust company duly authorized to transact business in the state as trustee for the benefit and security of the equipment trust certificates, and may direct the trustee to deliver the transit equipment to one or more designated officers of the district and may authorize the district to simultaneously therewith execute and deliver an installment purchase agreement or a lease of that equipment to the district. (Amended by Stats. 2005, Ch. 150, Sec. 43. Effective January 1, 2006.)
  155. 125704.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The board must approve agreements, leases, and equipment trust certificates by resolution, and those documents must include required covenants, conditions, and provisions.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125704. 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 acknowledgment of deeds. The agreements, leases, and equipment trust certificates shall be authorized by resolution of the board and shall contain covenants, conditions, and provisions that may be deemed necessary or appropriate to insure the payment of the equipment trust certificates from any legally available source or sources of funds as may be specified in the certificates. (Added by Stats. 2003, Ch. 594, Sec. 8. Effective January 1, 2004.)
  156. 125705.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    Certain agreements, leases, and equipment trust certificate terms must not conflict with the district’s trust agreement or similar security document.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125705. The covenants, conditions, and provisions of the agreements, leases, and equipment trust certificates may not conflict with any trust agreement or similar document securing the payment of bonds, notes, or certificates of the district. (Amended by Stats. 2005, Ch. 150, Sec. 44. Effective January 1, 2006.)
  157. 125706.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    Executed copies of each agreement and lease must be filed with the Secretary of State, with a $1 fee for each copy.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125706. An executed copy of each agreement and lease shall be filed in the office of the Secretary of State, for a fee of one dollar ($1) for each copy filed. The filing constitutes notice to any subsequent judgment creditor or any subsequent purchaser. (Added by Stats. 2003, Ch. 594, Sec. 8. Effective January 1, 2004.)
  158. 125707.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The named improvement laws apply to the district.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125707. The Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), and the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), are applicable to the district. (Amended by Stats. 2005, Ch. 150, Sec. 45. Effective January 1, 2006.)
  159. 125708.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    Chapter 1 of Part 11 of Division 10 applies to the district.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125708. Chapter 1 (commencing with Section 99000) of Part 11 of Division 10 is applicable to the district. (Amended by Stats. 2005, Ch. 150, Sec. 46. Effective January 1, 2006.)
  160. 125709.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district is treated as a local agency, and certain Government Code provisions apply to it.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125709. The district shall be considered a “local agency,” as defined in subdivision (h) of Section 53317 of the Government Code, and the provisions of Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code are applicable to the district. (Amended by Stats. 2005, Ch. 150, Sec. 47. Effective January 1, 2006.)
  161. 125710.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district is treated as a local agency, and a specified Government Code article applies to it.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125710. The district shall be considered to be a “local agency” as defined in subdivision (f) of Section 6585 of the Government Code, and Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code is applicable to the district. (Amended by Stats. 2005, Ch. 150, Sec. 48. Effective January 1, 2006.)
  162. 125711.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district may borrow money, but only under specified Government Code articles.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125711. The district may borrow money in accordance with Article 7 (commencing with Section 53820), Article 7.6 (commencing with Section 53850), or Article 7.7 (commencing with Section 53859) of Chapter 4 of Part 1 of Division 2 of Title 5 of the Government Code. (Amended by Stats. 2005, Ch. 150, Sec. 49. Effective January 1, 2006.)
  163. 125712.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district may borrow against authorized but unsold bonds and issue bond anticipation notes, subject to a five-year maximum maturity and a cap tied to the remaining authorized bond amount.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125712. The district may borrow money in anticipation of the sale of bonds that have been authorized to be issued, but that have not been sold and delivered, and may issue negotiable bond anticipation notes therefor, and may renew the bond anticipation notes from time to time, but the maximum maturity of any bond application notes, including the renewals thereof, may not exceed five years from the date of delivery of the original bond anticipation notes. The bond anticipation notes may be paid from any money of the district available therefor and not otherwise pledged. If not previously otherwise paid, the bond anticipation notes shall be paid from the proceeds of the next sale of the bonds of the district in anticipation of which they were issued. The bond anticipation notes may not be issued in any amount in excess of the aggregate amount of bonds that the district has not been authorized to issue, less the amount of any bonds of the authorized issue previously sold, and also less the amount of other bond anticipation notes therefor issued and then outstanding. The bond anticipation notes shall be issued and sold in the same manner as the bonds. The bond anticipation notes and the resolution or resolutions authorizing them may contain any provisions, conditions, or limitations that a resolution of the board of the district authorizing the issuance of bonds may contain. (Amended by Stats. 2005, Ch. 150, Sec. 50. Effective January 1, 2006.)
  164. 125713.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district may issue negotiable promissory notes to raise funds for district purposes, but the notes must mature within five years and bear interest at no more than 12% per year.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125713. The district may issue negotiable promissory notes pursuant to this section to acquire funds for any district purposes. The maturity of the promissory notes may not be later than five years from the date thereof. Those notes shall bear interest at a rate not to exceed 12 percent per year. Those notes shall be payable from any source of revenue available to the district. (Amended by Stats. 2005, Ch. 150, Sec. 51. Effective January 1, 2006.)
  165. 125714.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    The district may sue to test the validity of its bonds and similar debt instruments.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125714. The district may bring an action to determine the validity of any of its bonds, equipment trust certificates, warrants, notes, or other evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended by Stats. 2005, Ch. 150, Sec. 52. Effective January 1, 2006.)
  166. 125715.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    District-issued bonds and their interest are exempt from state taxation, except transfer, franchise, inheritance, and estate taxes.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125715. All bonds and other evidences of indebtedness issued by the district under this chapter, and the interest thereon, are free and exempt from all taxation within the state, except for transfer, franchise, inheritance, and estate taxes. (Amended by Stats. 2005, Ch. 150, Sec. 53. Effective January 1, 2006.)
  167. 125716.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. )

    Verify source ↗

    Bond and debt provisions create a contract with bondholders and can be enforced against the district and its successors or assigns.

    ## Public Utilities Code - PUC ## DIVISION 11.5. NORTH COUNTY TRANSIT DISTRICT [125000 - 125716] ( Heading of Division 11.5 amended by Stats. 2005, Ch. 150, Sec. 1. ) ## CHAPTER 6. Bonds and Other Evidences of Indebtedness [125700 - 125716] ( Chapter 6 added by Stats. 2003, Ch. 594, Sec. 8. ) ## 125716. Notwithstanding any other provisions of this division or of any other law, the provisions of all ordinances, resolutions, and other proceedings in the issuance by the district of any bonds, bonds with a pledge of revenues, bonds for any and all evidences of indebtedness or liability constitute a contract between the district and the holders of the bonds, equipment trust certificates, notes, or evidences of indebtedness or liability, and the provisions thereof are enforceable against the district or any or all of its successors or assigns, by mandamus or any other appropriate suit, action, or proceeding in law or in equity in any court of competent jurisdiction. Nothing in this division or in any other law relieves the district or the territory included within it from any bonded or other debt or liability contracted by the district. Upon dissolution of the district or upon withdrawal of territory therefrom, that territory formerly included within the district, or withdrawn therefrom, shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of the dissolution or withdrawal as if the district had not been so dissolved or the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of the bonded and other indebtedness and liabilities. Except as may be otherwise provided in the proceedings for the authorization, issuance, and sale of any revenue bonds, bonds secured by a pledge of revenues, or bonds for improvement districts secured by a pledge of revenues, revenues of any kind or nature derived from any revenue-producing improvements, works, facilities, or property owned, operated, or controlled by the district shall be pledged, charged, assigned, and have a lien thereon for the payment of the bonds as long as they are outstanding, regardless of any change in ownership, operation, or control of the revenue-producing improvements, works, facilities, or property and it shall, in any later event or events, be the duty of the successors or assigns to continue to maintain and operate the revenue-producing improvements, works, facilities, or property as long as bonds are outstanding. (Amended by Stats. 2005, Ch. 150, Sec. 54. Effective January 1, 2006.)
  168. 12701.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Corporate Power [12701 - 12703] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district has perpetual succession and may adopt and change a seal.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Corporate Power [12701 - 12703] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12701. A district has perpetual succession and may adopt a seal and alter it at pleasure. (Enacted by Stats. 1951, Ch. 764.)
  169. 12702.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Corporate Power [12701 - 12703] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may sue and be sued in courts and tribunals of competent jurisdiction, unless another law provides otherwise.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Corporate Power [12701 - 12703] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12702. A 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. (Enacted by Stats. 1951, Ch. 764.)
  170. 12702.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Corporate Power [12701 - 12703] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A court action against a district that provides electric utility service to challenge a rate-setting ordinance, resolution, or motion must be started within 120 days of the measure’s effective date, except for certain proceedings described in subdivision (b).

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Corporate Power [12701 - 12703] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12702.5. (a) Except as specified in subdivision (b), any judicial action or proceeding against a district that provides electric utility service, to attack, review, set aside, void, or annul an ordinance, resolution, or motion fixing or changing a rate or charge for an electric commodity or an electric service furnished by a district and adopted on or after July 1, 2000, shall be commenced within 120 days of the effective date of that ordinance, resolution, or motion. (b) The statute of limitations specified in subdivision (a) does not apply to any judicial action or proceeding filed pursuant to Chapter 13.7 (commencing with Section 54999) of Part 1 of Division 2 of Title 5 of the Government Code to protest or challenge a rate or charge or to seek the refund of a capital facilities fee if the notice and disclosure requirements of Section 54999.35 of the Government Code have not been followed. (Amended by Stats. 2001, Ch. 159, Sec. 178. Effective January 1, 2002.)
  171. 12703.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Corporate Power [12701 - 12703] ( Article 1 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may use eminent domain to take property when it is necessary or convenient for exercising its statutory powers.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 1. Corporate Power [12701 - 12703] ( Article 1 enacted by Stats. 1951, Ch. 764. ) ## 12703. A district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this division. (Amended by Stats. 1975, Ch. 582.)
  172. 12721.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Contracts [12721 - 12723] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A district may make contracts and stipulations, including for eminent domain matters, indemnity, labor, and other acts needed to exercise its powers.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Contracts [12721 - 12723] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12721. A district may make contracts and enter into stipulations of any nature whatsoever, either in connection with eminent domain proceedings or otherwise, including, without limiting the generality of the foregoing, contracts and stipulations to indemnify and save harmless, to employ labor, and to do all acts necessary and convenient for the full exercise of the powers granted in this division. (Enacted by Stats. 1951, Ch. 764.)
  173. 12722.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Contracts [12721 - 12723] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    The district’s general manager and directors must not have any direct or indirect interest in board-awarded contracts or the profits from them.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Contracts [12721 - 12723] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12722. Neither the general manager nor any director 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 the profits to be derived therefrom. Any violation of this provision is a misdemeanor, and conviction shall work a forfeiture of office. This section has no application to contracts awarded to corporations in which such officer owns less than 1 percent of the entire capital stock. (Enacted by Stats. 1951, Ch. 764.)
  174. 12723.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Contracts [12721 - 12723] ( Article 2 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    A qualifying district may buy insurance for nuclear power plant property if its board decides the public interest will be served.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 2. Contracts [12721 - 12723] ( Article 2 enacted by Stats. 1951, Ch. 764. ) ## 12723. Whenever the board, by resolution passed by a majority of its members, determines that the public interest will be served, a district constructing or operating plants and appurtenant facilities for the generation of electrical power by nuclear energy may purchase or acquire insurance for such properties against physical loss or damage and the resultant loss of capacity for the generation of electrical power from insurance companies organized in the United States or foreign countries as either stock companies or assessment or nonassessment mutual companies. In the event such insurance is acquired from an assessment mutual company, a district shall have authority to share in the initial organization expenses of the company, to become a member of the company, and to assume liability for retrospective premium adjustments in accordance with the terms and conditions of the policy or contract of insurance issued by such company. (Added by Stats. 1971, Ch. 405.)
  175. 12751.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. )

    Verify source ↗

    For certain district purchases of supplies and materials, competitive contracting and bid notice rules apply, with thresholds and an exception in Section 12751.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12751. (a) Except as specified in Section 12751.5, the purchase of all supplies and materials, when the expenditure required exceeds twenty-five thousand dollars ($25,000), or in a district that has a population of 250,000 or more, when the expenditure required exceeds fifty thousand dollars ($50,000), shall be by contract let to the lowest responsible bidder. Notice requesting bids shall be published pursuant to Section 6061 of the Government Code at least 10 days before bids are received. The district may reject any and all bids and readvertise in its discretion. The board may authorize the general manager to determine, in the discretion of the general manager, whether to reject all bids and whether, after the bids have been rejected, to readvertise. (b) The dollar limit identified in subdivision (a) shall annually be adjusted upward or downward to reflect the percentage change in the Implicit Price Deflator for State and Local Government Purchases of Goods and Services for the United States, as published by the U.S. Department of Commerce. The annual adjustments shall be rounded to the nearest one thousand dollars ($1,000). (Amended by Stats. 1999, Ch. 55, Sec. 1. Effective January 1, 2000.)
  176. 12751.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A qualifying district board may authorize its general manager to pick the lowest responsible bidder and award the contract.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12751.1. Notwithstanding Section 12751, the board of a district which has owned and operated an electric distribution system for at least eight years and has a population of 250,000 or more may authorize the general manager to determine the lowest responsible bidder and to award a contract to that bidder. (Added by Stats. 1987, Ch. 692, Sec. 14.)
  177. 12751.2.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    A qualifying district board may let the general manager choose the lowest responsible bidder and award the contract, and the general manager must promptly report the action to the board.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12751.2. Notwithstanding Section 12751, the board of a district which has owned and operated water distribution or sewage disposal systems for at least eight years and has a population of 250,000 or more may authorize the general manager to act for the board in determining the lowest responsible bidder and awarding a contract to that bidder where the expenditure required by the bid price is less than one hundred thousand dollars ($100,000). When acting pursuant to this section, the general manager shall, in each instance, promptly notify the board of the action taken. (Added by Stats. 1997, Ch. 313, Sec. 2. Effective January 1, 1998.)
  178. 12751.3.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    This section lets a district use a best-value contracting process for supplies and materials when spending is over $50,000 and the district expects a net benefit to ratepayers.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12751.3. (a) The purpose of this section is to provide affected districts with an alternative acquisition process that will result in reduced costs to ratepayers. Notwithstanding Section 12751, when the expenditure for the purchase of supplies and materials exceeds fifty thousand dollars ($50,000) and the district determines that ratepayers reasonably can expect a net benefit in the cost of district services, the district may provide for the purchase of the supplies and materials by contract let in accordance with best value at the lowest cost acquisition policies adopted by the board pursuant to this section. (b) The best value at the lowest cost acquisition policies adopted pursuant to subdivision (a) shall include the following: (1) Price and service level proposals that reduce the district’s overall operating costs. (2) Supplies and materials standards that support the district’s strategic supplies and materials acquisition and management program direction. (3) A procedure for protest and resolution. (c) For purposes of this section, “best value at the lowest cost acquisition” means a competitive procurement process whereby the award of a contract for supplies and materials may take into consideration any of the following factors: (1) The total cost to the district of its use or consumption of supplies and materials. (2) The operational cost or benefit incurred by the district as a result of the contract award. (3) The value to the district of vendor-added services. (4) The quality, effectiveness, and innovation of supplies, materials, and services. (5) The reliability of delivery or installation schedules. (6) The terms and conditions of product warranties and vendor guarantees. (7) The financial stability of the vendor. (8) The vendor’s quality assurance program. (9) The vendor’s experience with the provision of supplies, materials, and services. (10) The consistency of the vendor’s proposed supplies, materials, and services with the district’s overall supplies and materials procurement program. (11) The economic benefits to the general community related to job creation or retention. (d) If a district that did not purchase supplies and materials by contract let pursuant to this section before January 1, 2006, elects to purchase supplies and materials by contract, let in accordance with best value acquisition policies adopted by the board pursuant to this section, the district shall submit a report to the Legislative Analyst on or before January 1, 2011. The district shall include in the report a summary of the costs and benefits of best value acquisition compared to traditional low bid procurement practices. The report shall also include statistics showing the number of contracts awarded to small businesses, minority-owned businesses, and new businesses and the number of years each contract awardee had been in business. The report shall also include an analysis of the effects of best value procurement practices on these businesses, the nature of any disputes arising from the use of best value procurement practices, and the status of those disputes. On or before April 1, 2011, the Legislative Analyst shall report to the Legislature on the use of “best value at lowest cost acquisition” procurement practices used by municipal utility districts, and recommend whether to modify this section and extend the authority of additional districts to elect to purchase supplies and materials by contract let in accordance with best value acquisition policies, beyond January 1, 2012. (e) The district shall ensure that all businesses have a fair and equitable opportunity to compete for, and participate in, district contracts and shall also ensure that discrimination in the award and performance of contracts does not occur on the basis of marital status, ancestry, medical condition, any characteristic listed or defined in Section 11135 of the Government Code, or retaliation for having filed a discrimination complaint in the performance of district contractual obligations. (f) A district that did not purchase supplies and materials by contract let pursuant to this section before January 1, 2006, shall not purchase supplies and materials by contract let pursuant to this section after January 1, 2012. (Amended by Stats. 2007, Ch. 568, Sec. 44. Effective January 1, 2008.)
  179. 12752.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    After bids are rejected, the board may buy supplies and materials in the open market, or authorize the general manager to do so, if the required vote and findings are made.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12752. If after the bids have been rejected, the board determines and declares by a four-fifths vote of all the members of a five-ward district, or by a five-sevenths vote of all the members of a seven-ward district, that in its opinion the materials and supplies may be purchased at a lower price in the open market, the board may proceed, or may authorize the general manager to proceed, to purchase the supplies and materials in the open market without further observance of the provisions requiring contracts, bids, or notice. (Amended by Stats. 1984, Ch. 465, Sec. 2.)
  180. 12753.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. )

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    During a great emergency, the board may adopt a resolution and spend money or make contracts without following normal contract, bid, or notice requirements.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 3. Purchases [12751 - 12753] ( Article 3 enacted by Stats. 1951, Ch. 764. ) ## 12753. In case of any great emergency, the board may, by resolution passed by a four-fifths vote of all the members of a five-ward district, or by a five-sevenths vote of all the members of a seven-ward district, declare and determine that such emergency exists, and thereupon proceed to expend sums or enter into contracts involving the expenditure of any sums needed in such emergency without observance of the provisions requiring contracts, bids, or notice. (Amended by Stats. 1973, Ch. 337.)
  181. 12771.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Property [12771 - 12773] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    A district may acquire and hold property needed to carry out its powers, and its board may lease, mortgage, sell, or otherwise dispose of district property if it thinks that is in the district’s best interests.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Property [12771 - 12773] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12771. A 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 and personal property of every kind within or without the district necessary to the full or convenient exercise of its powers. The board may lease, mortgage, sell, or otherwise dispose of any real or personal property within or without the district when in its judgment it is for the best interests of the district so to do. The provisions of this section apply to all sales or mortgages heretofore or hereafter made. (Enacted by Stats. 1951, Ch. 764.)
  182. 12772.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Property [12771 - 12773] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    A district may destroy a record if it does so under the cited Government Code chapter.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Property [12771 - 12773] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12772. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Amended by Stats. 2005, Ch. 158, Sec. 32. Effective January 1, 2006.)
  183. 12773.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Property [12771 - 12773] ( Article 4 enacted by Stats. 1951, Ch. 764. )

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    The Sacramento Municipal Utility District may run a program to hold certain nonstock security, but its board must meet listed conditions first and the authority is capped.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 4. Property [12771 - 12773] ( Article 4 enacted by Stats. 1951, Ch. 764. ) ## 12773. (a) For purposes of this section, “security” has the same meaning as defined in Section 25019 of the Corporations Code. (b) The Sacramento Municipal Utility District may operate a program under which the board of directors of the district may hold nonstock security in a corporation or other private entity if acquired as part of a procurement of goods or services from that entity, or as full or partial consideration for providing that entity services or access to district facilities, if separate funding is not expended solely for the nonstock security. The board of directors of the district may sell or otherwise dispose of the nonstock security when, in its judgment, it is in the best interests of the district to do so. (c) Before exercising the authority described in subdivision (b), the district’s board of directors shall do all of the following: (1) Make all of the following findings: (A) The acquisition furthers the purposes of the district, pursuant to this division. (B) The acquisition is in the interest of the district’s ratepayers and the public. (2) Establish a policy governing acquisitions that includes, but is not limited to, all of the following: (A) Procedures for preventing conflicts of interest and violations of Article 4 (commencing with Section 1090) of Chapter 1 of Division 4 of Title 1 of the Government Code. (B) Procedures for determining how much of an acquisition to accept in lieu of, or in addition to, other forms of remuneration, in order to ensure the district secures a reasonable return on any intellectual property or other resources it provides the private entity. (C) Procedures governing the approval process for accepting any acquisitions. (D) Procedures that ensure acquisition of a nonstock security does not unduly influence the amount paid for the associated goods and services. (3) Post the policy described in paragraph (2) on the district’s internet website. (4) Adopt a resolution at a regular meeting of the board stating the intent of the board to exercise the authority described in subdivision (b). (d) The authority described in subdivision (b) shall be limited to a total of six acquisitions. Any profit or other gain earned by an acquisition shall be used to benefit the district’s ratepayers. (e) The value, at the time of acquisition, of any single nonstock security acquired pursuant to the authority described in subdivision (b) shall be limited to no more than 3 percent of the district’s annual revenue in the fiscal year the district makes the acquisition. (f) This section shall remain in effect only until January 1, 2035, and as of that date is repealed. (Amended by Stats. 2024, Ch. 400, Sec. 1. (AB 2457) Effective January 1, 2025. Repealed as of January 1, 2035, by its own provisions.)
  184. 12801.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may acquire, operate, and use utility works, and may buy and distribute utility commodities or services.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12801. A district may acquire, construct, own, operate, control, or use, within or without, or partly within or partly without, the district, works or parts of works for supplying the inhabitants of the district and public agencies therein, or some of them, with light, water, power, heat, transportation, telephone service, or other means of communication, or means for the collection, treatment, or disposition of garbage, sewage, or refuse matter, and may do all things necessary or convenient to the full exercise of the powers herein granted. The district may also purchase any of such commodities or services from any other utility district, public agency, person, or private company, and distribute them. (Enacted by Stats. 1951, Ch. 764.)
  185. 12801.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    Districts that provide broadband Internet access services must comply with Article 12 of the Government Code.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12801.5. A district that provides broadband Internet access services shall comply with the requirements of Article 12 (commencing with Section 53167) of Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code. (Added by Stats. 2018, Ch. 963, Sec. 7. (AB 1999) Effective January 1, 2019.)
  186. 12802.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may accept property and contributions for authorized enterprises, and may contract and cooperate with the State and other public agencies for construction, maintenance, operation, and financing.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12802. A district may accept, without limitation by any other provisions of this division requiring approval of indebtedness, contributions of money, rights of way, labor, materials, and any other property for the construction, maintenance, and operation of any enterprise in which the district is authorized to engage, and may enter into any contracts and cooperate with and accept cooperation from the State, or any department, instrumentality, or agency thereof, or any public agency of the State in the construction, maintenance, and operation of, and in financing the construction, maintenance, and operation of, any such enterprise. (Enacted by Stats. 1951, Ch. 764.)
  187. 12803.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district generally may not interfere with or control an existing utility owned and operated by a public agency in the district, unless the public agency’s legislative body consents and both sides agree on terms.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12803. Except as provided in this division with reference to sewage disposal, a district shall not interfere with or exercise any control over any existing utility owned and operated by any public agency in the district, unless by consent of the legislative body of the public agency and upon such terms as are mutually agreed upon between the board and the legislative body of the public agency. (Enacted by Stats. 1951, Ch. 764.)
  188. 12804.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may sell or otherwise dispose of surplus water, light, heat, or power outside the district when it exceeds local needs.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12804. Whenever there is a surplus of water, light, heat, or power above that which is required by inhabitants or public agencies within a district, the district may sell or otherwise dispose of the surplus outside of the district to persons, firms, and public or private corporations, or public agencies outside the district. (Enacted by Stats. 1951, Ch. 764.)
  189. 12805.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The district may make agreements to rent, lease, or otherwise use unused facilities, works, or utilities when they are not being used to full capacity, if the board is satisfied with the terms.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12805. Whenever any of the facilities, works, or utilities of the district, or part thereof, is not used or employed to its fullest capacity for the benefit or requirements of the district or its inhabitants, the district may enter into an agreement with public agencies or any person, firm, or corporation, upon such terms and conditions as are satisfactory to the board, for renting, leasing, or otherwise using the available portion or parts of the facilities, works, or utilities, and in connection with any such agreement, renting, or leasing the district may undertake or perform any services incidental thereto. (Enacted by Stats. 1951, Ch. 764.)
  190. 12806.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The district and included public agencies may make appropriate contracts at any time for use of the district’s commodities, services, or facilities.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12806. The district and any public agencies included therein may at any time enter into appropriate contracts for the use by any such public agencies of commodities or service furnished by any of the works acquired, owned, or operated, or authorized to be acquired, constructed, or completed by the district, or of any of the facilities of the district. (Enacted by Stats. 1951, Ch. 764.)
  191. 12807.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may sell or dispose of sewage by-products and may build, maintain, and operate the pipelines and other works needed for that purpose.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12807. A district may sell or otherwise dispose of any water, sewage effluent, fertilizer, or other by-product resulting from the operation of a sewage disposal system, and may construct, maintain, and operate such pipelines and other works as are necessary for that purpose. (Enacted by Stats. 1951, Ch. 764.)
  192. 12808.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may build works across or along streets, highways, State land, and streams, but must restore streets or highways and avoid unnecessarily impairing their use.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12808. A district may construct works across or along any street or public highway, or over any of the lands which are the property of the State, and it shall have the same rights and privileges appertaining thereto as are granted to municipalities within the State. The district shall restore any such street or highway to its former state as near as may be, and in compliance with local ordinances, and shall not use it in a manner to unnecessarily impair its usefulness. A district may also construct its works across any stream or watercourse. (Amended by Stats. 1953, Ch. 1260.)
  193. 12808.5.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may not locate or construct electrical transmission or distribution lines unless the facilities are approved under this section, and the section sets hearing, notice, and decision procedures.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12808.5. (a) Notwithstanding Sections 53091 and 65402 of the Government Code, Section 12808 of the Public Utilities Code and Section 1469 of the Streets and Highways Code or any other provision of law, no district may locate or construct, any lines, for the transmission or distribution of electrical energy, including poles and other accessory structures, unless such facilities are approved pursuant to this section. (b) The district shall hold a public hearing on proposed facilities which are subject to this section. (1) Mailed notice of the public hearing shall be provided at least 10 days prior to the hearing, to the owners of all property within 300 feet of the route along which such facilities are proposed to be located. (2) If mailed notice as required in paragraph (1) above would result in notice to more than 250 persons, as an alternative to such mailed notice, notice may be given by placing a display advertisement of at least one-fourth page in a newspaper of general circulation within the area affected by the proposed facility. (c) After holding a hearing as provided in subdivision (b), the district shall submit any proposed facilities to the legislative body of each local agency in which such facilities are to be located. The legislative bodies shall conduct a public hearing, receive evidence, and, within 60 days, adopt a resolution approving, approving an alternative, or disapproving, the proposed facilities. Any resolution adopted pursuant to this subdivision shall contain findings concerning: (1) The consistency of the proposed facilities with the local agency’s general plan and applicable redevelopment and specific plans. (2) Whether there are feasible alternatives to the proposal. (3) Such other factors related to the public health, safety and welfare as are included within the ordinance adopted by the local agency pursuant to subdivision (e) of this section. Failure of a legislative body to render a decision within 60 days shall be deemed to constitute an approval of the proposed facilities. (d) Notwithstanding the provisions of subdivision (c), the governing board of the district by vote of four-fifths of its members may render a local agency’s decision inapplicable to proposed facilities if the district, at a publicly noticed hearing, determines by resolution that there is no feasible alternative to the district’s proposal. Prior to adopting the resolution, the district shall read into the record the local agency’s resolution. The board shall, within 10 days, notify the city or county concerned of such action. If the governing board has taken such action the local agency may commence an action in the superior court of the county whose action is involved or in which is situated the city whose action is involved, seeking a review of such action of the governing board of the district to determine whether it was supported by substantial evidence. The evidence before the court shall include, but not be limited to, the record of the proceedings before the city, county, and local agency. The city or county shall cause a copy of the complaint to be served on the board. If the court determines that such action was not supported by substantial evidence, it shall declare it to be of no force and effect, and the local agency’s decision shall be applicable to the proposed facilities. (e) This section shall not apply to: (1) Any facilities proposed to be located within any local agency which has not adopted an ordinance setting forth criteria to govern its decision pursuant to subdivision (c) of this section. (2) Any electrical distribution lines of less than 100,000 volts. (f) As used in this section, the term “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social, and technological factors. (g) As used in this section, “local agency” means a city, a city and county, or a county. Within cities this section shall not apply to counties. (Added by Stats. 1977, Ch. 324.)
  194. 12809.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The board must set a district’s rates and charges for commodities or service.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12809. The rates and charges for commodities or service furnished by a district shall be fixed by the board. As far as possible utilities shall be self-supporting but the board is not required to fix a rate which in its opinion is unreasonably high, nor to cover by rates large expenditures and the interest thereon required for future needs and developments. (Enacted by Stats. 1951, Ch. 764.)
  195. 12810.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The district board may let sewage-disposal charges be collected and billed together with water or other utility charges, and the district may stop water service if the combined bill is not paid.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12810. The board may provide that rates, tolls, and charges for any sewage disposal enterprise or service may be collected with the rates, tolls, and charges for any water or other utility service rendered by the district, and that all rates may be billed upon the same bill and collected as one item. If charges for water and sewage disposal service are billed upon the same bill the district may discontinue water service in the event of failure to pay the whole or any part of the bill. (Enacted by Stats. 1951, Ch. 764.)
  196. 12811.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The board may collect fees and similar charges, use legal action to collect them, and add a penalty or interest for nonpayment.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12811. The board may provide for the collection of fees, tolls, rates, rentals, or other charges in any lawful manner and may provide for collection by action at law, and all remedies for the collection and enforcement thereof are cumulative and may be pursued alternatively or consecutively as the board determines. In addition to the amount of the fees, tolls, rates, rentals, or other charges, the board may provide for a penalty of not more than 10 percent or interest at the prevailing prime interest rate, but not to exceed 11/2 percent per month, or both, in the event of nonpayment within the time and in the manner prescribed by the board, and may provide for collection of the penalty and interest. (Amended by Stats. 1986, Ch. 589, Sec. 1.)
  197. 12811.1.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district can place certain unpaid service charges on property as a lien or on the tax roll, but must follow notice, report, filing, and release steps, and cannot create a lien on publicly owned property.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12811.1. (a) Except when prohibited by Section 12822.6, a district may, by resolution or ordinance, require the owner of record of real property within the district to pay the fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, and those fees, tolls, rates, rentals, and other charges that have become delinquent, together with interest and penalties thereon, are a lien on the property when a certificate is filed in the office of the county recorder pursuant to subdivision (b) and the lien has the force, effect, and priority of a judgment lien. No lien may be created under this section on any publicly owned property. (b) A lien under this section attaches when the district files for recordation in the office of the county recorder a certificate specifying the amount of the delinquent fees, tolls, rates, rentals, or other charges together with interest and penalties thereon; the name of the owner of record of the property to which services were rendered by the district; and the legal description of the property. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien. (c) A district may, by resolution or ordinance, provide that any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, may be collected on the tax roll in the same manner as property taxes. Before any entity may collect any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant on the tax roll, the district shall prepare a report, provide notice, conduct a public hearing, and file a certificate in the office of the county recorder, as follows: (1) The general manager shall prepare and file with the district board of directors a report that describes each affected parcel of real property and the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant for each affected parcel for the year. The general manager shall give notice of the filing of the report and of the time, date, and place for a public hearing by publishing the notice pursuant to Section 6066 of the Government Code in a newspaper of general circulation, and by mailing the notice to the owner of each affected parcel at least 14 days prior to the date of the hearing. (2) At the public hearing, the board of directors shall hear and consider any objections or protests to the report. At the conclusion of the public hearing, the board of directors may adopt or revise the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant. The board of directors shall make its determination on each affected parcel and its determinations shall be final. (3) On or before August 10 of each year following these determinations, the general manager shall file with the county auditor a copy of the final report adopted by the board of directors. The county auditor shall enter the amount of the delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, against each of the affected parcels of real property as they appear on the current assessment roll. The county tax collector shall include the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, on the tax bills for each affected parcel of real property and collect the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, in the same manner as property taxes. (4) The district may recover any delinquent fees, tolls, rates, rentals, or other charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, by recording in the office of the county recorder of the county in which the affected parcel is located, a certificate declaring the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, due, and the name and last known address of the person liable therefor. From the time of recordation of the certificate, the amount of the delinquent fees, tolls, rates, rentals, or charges, together with interest and penalties thereon, including any delinquent fees, tolls, rates, rentals, or other charges for services rendered to a lessee, tenant, or subtenant, constitutes a lien against the affected real property of the delinquent property owner in that county. This lien shall have the force, effect, and priority of a judgment lien. Within 30 days of receipt of payment of all amounts due, including recordation fees paid by the district, the district shall file for recordation a release of the lien. (5) The district shall not recover on the tax roll any delinquent fees, tolls, rates, rentals, or other charges for services for commercial use to a commercial tenant under an account established by the commercial tenant, from any subsequent tenant or the property owner, due to nonpayment of charges by a previous commercial tenant. For this purpose, the term “subsequent commercial tenant” shall not include an entity or adult person that was located at the same address during the period the charges or penalties accrued. This paragraph does not apply to master-metered accounts. (d) Notwithstanding Sections 6103 and 27383 of the Government Code, in filing any instrument, paper, or notice pursuant to this section, the district shall pay all applicable recording fees prescribed by law. (e) A district shall reimburse the county for the reasonable expenses incurred by the county pursuant to this section. (f) The remedies in this section are cumulative and in addition to any other remedy provided by law. The district may pursue remedies alternatively or consecutively. (g) This section does not apply to delinquent fees or charges for the furnishing of electrical service. (Amended (as amended by Stats. 2010, Ch. 485, Sec. 1) by Stats. 2015, Ch. 270, Sec. 2. (SB 188) Effective January 1, 2016.)
  198. 12811.2.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    A district may create a temporary relief program to help needy customers who cannot fully pay district service bills on time.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12811.2. (a) Notwithstanding any other provision of law, a district may establish a temporary relief program for assistance to needy customers of the district who are financially unable to pay in full bills for services furnished by the district within the normal period for payment thereof, and may expend funds, enter into contracts, and cooperate with and accept cooperation from any state or local public agency or private nonprofit organization in the implementation of such a program. (b) As used in this section, “needy” means either of the following: (1) A household with an income which does not exceed the greater of either (A) an amount equal to 150 percent of the poverty level of this state, as determined pursuant to paragraph (2) of subdivision (e) of Section 16367.5 of the Government Code, or (B) an amount equal to 60 percent of the state median income. (2) A household with an income which meets guidelines for existing public assistance programs funded by the federal government. (Added by Stats. 1986, Ch. 316, Sec. 2.)
  199. 12812.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The board may apportion sewage disposal operation, maintenance, and related bond interest costs among connected public agencies, and must set rules for how the apportionment is determined.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12812. The board may apportion all or a portion of the expenses of operation and maintenance of any sewage disposal facilities constructed by the district, and the interest on any bonds issued therefor, among the public agencies whose sewers are connected with district facilities. The board shall establish rules for determining the apportionment, which among other things shall be based on the quantity, quality, or characteristics of the sewage delivered by each public agency. (Enacted by Stats. 1951, Ch. 764.)
  200. 12813.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. )

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    The board may choose to finance certain sewage disposal or solid waste resource recovery enterprises, including related bonded debt, and may fund their maintenance and operation in several specified ways.

    ## Public Utilities Code - PUC ## DIVISION 6. MUNICIPAL UTILITY DISTRICT ACT [11501 - 14403.5] ( Division 6 enacted by Stats. 1951, Ch. 764. ) ## CHAPTER 6. Powers and Functions of District [12701 - 13024] ( Chapter 6 enacted by Stats. 1951, Ch. 764. ) ## ARTICLE 5. Utility Works and Service [12801 - 12827] ( Article 5 enacted by Stats. 1951, Ch. 764. ) ## 12813. Notwithstanding any of the provisions of this article, the board may, in its discretion, finance any sewage disposal or solid waste resource recovery enterprise, the interest on and retirement of any bonded indebtedness therefor, and provide for the maintenance and operation thereof entirely by the levy and collection of taxes upon the property within the special district for which the enterprise is constructed or operated, or by rates and charges imposed upon the users of the facilities of the enterprise, or by both taxes, rates, and charges, apportionment of expenses among public agencies served, or any combination of the foregoing. (Amended by Stats. 1977, Ch. 128.)

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