reglab/statecodes huggingface dataset:
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33006.

33006. The bonds issued pursuant to this chapter shall bear interest at a rate or rates not exceeding 12 percent per annum, payable semiannually, except that the first interest payable on the bonds or any series thereof may be for any period not to exceed one year as determined by the board.
In the resolution or resolutions providing for the issuance of bonds, the board may also provide for call and redemption of the bonds prior to maturity at times and prices and upon any other terms that it may specify. However, no bond is subject to call or redemption prior to maturity unless the bond contains a recital to that effect. The denomination or denominations of bonds shall be stated in the resolution providing for their issuance, but shall not be less than five thousand dollars ($5,000). The principal of, and interest on, the bonds shall be payable in lawful money of the United States at the office of the treasurer of the district or at any other place or places that may be designated by the board, or at either place or places at the option of the holders of the bonds. The bonds shall be dated, numbered consecutively, signed by the president and treasurer, and countersigned by the secretary and shall have the official seal of the district attached. The interest coupons of the bonds shall be signed by the treasurer. The seal and all signatures and countersignatures may be printed, lithographed, or mechanically reproduced, except that one signature or countersignature shall be manually affixed.
If an officer, whose signature or countersignature appears on the bonds or coupons, leaves office for any reason prior to the delivery of the bonds, the officer’s signature is as effective as if the officer had remained in office.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33007.

33007. The bonds issued pursuant to this chapter may be sold as the board determines by resolution. The board may sell the bonds at a price below par.
If the board determines by resolution that the bonds shall be sold by competitive bid, the board, before selling the bonds, or any part thereof, shall give notice inviting sealed bids in the manner that it prescribes. If satisfactory bids are received, the bonds offered shall be awarded to the highest responsible bidder. If no bids are received, or if the board determines that the bids received are not satisfactory as to price or responsibility of the bidders, the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale or by negotiation, or by other lawful means.
If the board determines by resolution that the bonds shall not be sold by competitive bid, the board may sell the bonds at public or private sale, by negotiation, or by other lawful means.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33008.

33008. Delivery of any bonds issued under this chapter may be made at any place either inside or outside the state, and the purchase price may be received in cash or bank credits.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33009.

33009. All accrued interest and premiums received on the sale of bonds issued by the district pursuant to this chapter shall be placed in the fund to be used for the payment of principal of, and interest on, those bonds. The remainder of the proceeds received on the sale of the bonds shall be placed in the treasury to secure those bonds or for the purposes for which the debt was incurred.
When the purposes for which the debt was incurred have been accomplished, any money remaining shall be either (a) transferred to the fund to be used for the payment of principal of, and interest on, the bonds or (b) placed in a fund to be used for the purchase of those outstanding bonds of the district, from time to time, in the open market at the prices and in the manner, either at public or private sale or otherwise, that the board determines. Bonds so purchased shall be canceled immediately.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33010.

33010. The board may provide for the issuance, sale, or exchange of refunding bonds to redeem or retire any bonds issued by the district under this chapter upon the terms, at the times, and in the manner that it determines. Refunding bonds may be issued in a principal amount sufficient to pay all, or any part, of the principal of the outstanding bonds issued under this chapter, the interest thereon, and the premiums, if any, due upon call and redemption thereof prior to maturity and all expenses of the refunding.
The provisions of this chapter, for the issuance and sale of bonds apply to the issuance and sale of refunding bonds, except that, when refunding bonds are to be exchanged for outstanding bonds, the method of exchange shall be as determined by the board.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33011.

33011. Any bonds issued under this chapter are legal investment for all trust funds; for the funds of insurance companies, commercial and savings banks, and trust companies; for state school funds; and, whenever any money or funds may, by any law now or hereafter enacted, be invested in bonds of cities, counties, school districts, or other districts within this state, the money or funds may be invested in the bonds issued under this chapter.
Whenever bonds of cities, counties, school districts, or other districts within this state may, by any law now or hereafter enacted, be used as security for the performance of any act or the deposit of any public money, bonds issued under this chapter may be so used.
The provisions of this chapter are in addition to all other laws relating to legal investments and are controlling as the latest expression of the Legislature with respect thereto.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33012.

33012. The board may change the purposes for which any proposed debt is to be incurred, the estimated cost, the amount of bonded debt to be incurred, or the boundaries of the benefit district or zones, if any, therein or one or all of those matters, except that the board shall not change the boundaries to include any territory which will not, in its judgment, be benefited by the district action.
For all purposes of this chapter, it is conclusively presumed that any right-of-way of a common carrier will not be benefited by the district action.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33013.

33013. (a) The board shall not change the purposes, the estimated cost, the boundaries of the benefit district or zones, if any, therein, or the amount of bonded debt to be incurred until after it gives notice of its intention to do so, stating each proposed change in the purpose and stating, if applicable, that the exterior boundaries proposed to be changed are set forth on a map on file with the secretary of the district. The notice shall also specify the time and place set for hearing.
(b) The notice shall be published prior to the time set for the hearing pursuant to Section 6066 of the Government Code.
(c) The notice shall also be mailed at least 30 days prior to the hearing to all owners of real property affected by the proposed change whose names and addresses appear on the last equalized assessment roll or are otherwise known to the Board of Supervisors of the County of Los Angeles or to the district.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33014.

33014. At the time and place fixed for a hearing on changes, or at any time and place to which the hearing is adjourned, the board shall proceed with the hearing. At the hearing, interested persons may appear and present matters material to the changes set forth in the notice.
At the conclusion of the hearing, the board shall, by resolution, determine whether to make any or all of the changes set forth in the notice. The determinations made in the resolution are conclusive and final.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33015.

33015. All decisions and determinations of the board, upon notice and hearing, are final and conclusive upon all persons entitled to appeal to the board as to all errors, informalities, and irregularities which the board might have avoided or remedied during the progress of the proceedings or which it can, at that time, remedy.
Any objection, appeal, or protest not made at the time of any hearing is deemed to be waived voluntarily by any person who might have made the appeal, protest, or objection, and the person is deemed to have consented to the action taken following the hearing and any other matter on which objection, protest, or appeal could have been made.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33016.

33016. Any action or proceeding, other than a petition for election pursuant to Section 33002.2, which contests, questions, or denies the validity or legality of the formation of any benefit district or zone, the issuance of any bonds therefor pursuant to this chapter, or any proceedings relating thereto, shall be commenced within six months from the date of the formation; otherwise, the formation of the benefit district or zone, the issuance of the bonds, and all proceedings relating thereto shall be held to be in every respect valid, legal, and incontestable.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33017.

33017. When the board has imposed a special benefit assessment, the secretary shall so certify to the assessor of the county in which the territory of any benefit district is located and deliver to the assessor copies of all maps and diagrams of the benefit district and zones, if any, therein, indicating the amount of the special benefit assessment to be levied within the benefit district and zones, if any, therein.
Special benefit assessments authorized by this chapter shall be levied and collected by the county at the same time and in the same manner as taxes are levied and collected. The county may deduct its reasonable expenses of collection and shall transmit the balance of the assessments to the district.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33019.

33019. In the event of conflict with any other law, the provisions of this chapter shall prevail with respect to benefit districts within the district.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33020.

33020. Notwithstanding any other provision of this chapter, the district shall not pledge any portion of its general fund revenues to pay any part of any bonded indebtedness incurred under this chapter unless required by provisions of the California Constitution.
(Added by Stats. 1983, Ch. 1322, Sec. 4.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 3 - SOUTHERN CALIFORNIA RAPID TRANSIT DISTRICT › CHAPTER 12 - Special Benefit Assessment Districts › Section 33021.

33021. Notwithstanding Section 5097 of the Revenue and Taxation Code, any petition or claim for refund seeking an exclusion of real property or the reduction of an assessment on any grounds for the 2004–05 fiscal year or in any subsequent fiscal year pursuant to this chapter shall be filed within two years after the making of the payment sought to be refunded.
(Added by Stats. 2004, Ch. 590, Sec. 1. Effective January 1, 2005.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 40000.

40000. This part shall be known and cited as the “Orange County Transit District Act of 1965.”
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 40001.

40001. Unless the context otherwise requires, the provisions of this article govern the construction of this part.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 40004.

40004. “Voter” means any elector who is registered under the Elections Code.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 40005.

40005. “Transit” means the transportation of passengers only and their incidental baggage by means other than by chartered bus, sightseeing bus, or any other motor vehicle not on an individual passenger fare-paying basis and includes carpools and ridesharing in private vehicles. Nothing in this section shall be construed to prohibit the district from leasing its buses to private certified public carriers or to prohibit the district from providing schoolbus service for the transportation of pupils between their homes and schools.
(Amended by Stats. 1989, Ch. 367, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 1 - Definitions › Section 40006.

40006. “Transit works” or “transit facilities” means all real and personal property, equipment, rights, or interests owned or to be acquired by the district for transit service.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40010.

40010. It is necessary that a transit district be established in Orange County in order to provide an interim solution to the transit problem of this area pending inclusion, if at all, of Orange County into the Southern California Rapid Transit District. The problem is unique in that presently there are several existing transportation facilities serving various parts of the area but independently operated, without interchange of transportation services, and without possibility of merger. The geographic location of the area requiring transportation services makes it necessary to develop a single transit system to protect the public interest.
It shall be the ultimate purpose of the Orange County Transit District to establish, when financing therefor becomes feasible, a permanent rapid transit system designed to be part of a unified Los Angeles-Orange County areawide regional system. When such permanent system is planned it shall incorporate physical characteristics necessary for full compatibility with the system of the Southern California Rapid Transit District, and unified management of the operations of such an areawide system shall be provided. Such unified management may be provided by management or operating contract with, or by annexation of the Orange County Transit District to, the Southern California Rapid Transit District or by any other lawful means; and shall take into full account the financial burdens already assumed by the citizens of the area comprising the Los Angeles Rapid Transit District to establish its system, which should be recognized in the operation of the unified system. The share of such financial burdens to be assumed by the Orange County Transit District, determined by its board by agreement with the board of the Southern California Rapid Transit District to be in the best mutual interest of the citizens of the two districts, may be made payable out of bond proceeds (subject to authorization of the bonds at an election), tax levies or any other available funds and may be made payable at such times and upon such rate of interest and other terms as shall be agreed between the boards of the two districts.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40011.

40011. The Orange County Transit District as created and established by the voters of the County of Orange comprises all that portion of the County of Orange lying within the exterior boundaries thereof.
(Amended by Stats. 1971, Ch. 389.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40012.

40012. Except as otherwise provided in this part elections shall be held and conducted and the result ascertained, determined, and declared in all respects as nearly as practicable in conformity with the general election laws of the state.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40013.

40013. Except as otherwise provided in this part all ordinances and notices which are required to be published shall be published within the district pursuant to Section 6066 of the Government Code.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 1 - General Provisions › ARTICLE 2 - General Provisions › Section 40014.

40014. Whenever the signature of any officer or employee of a district or of any member of the retirement board or of any officer or employee of the retirement system is authorized or required under the provisions of this part, except in the single instance provided in Section 40243, the signature may be made by the use of a plate bearing facsimilies of such signatures.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 1 - Government › Section 40060.

40060. The members of the Orange County Transportation Authority, comprised as specified by Section 130052, shall serve as the board of directors of the district.
(Amended by Stats. 1990, Ch. 983, Sec. 1. Operative December 1, 1991, or sooner, as prescribed by Sec. 8 of Ch. 983.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 1 - Government › Section 40062.

40062. The board shall determine the number of, and appoint the officers of the district. Any officer of the Orange County Transportation Authority may also serve as an officer of the district.
(Amended by Stats. 1990, Ch. 983, Sec. 3. Operative December 1, 1991, or sooner, as prescribed by Sec. 8 of Ch. 983.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40070.

40070. The chairman is the presiding officer of the board and he shall vote on the propositions passed upon by the board.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40071.

40071. The first meeting of the board shall be held within 10 days after the board of supervisors certifies the results of the election to the Secretary of State pursuant to Section 40050. The board may make its own rules of procedure and determine the place and time of its meeting.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40072.

40072. The board shall select one of its members vice chairman, who shall preside in the absence of its chairman. The board shall provide for and select such officers as it deems necessary to conduct the affairs of the district.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40073.

40073. All matters and things necessary for the proper administration of the affairs of the district which are not provided for in this part shall be provided for by the board.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40074.

40074. The board shall supervise and regulate every transit facility owned and operated by the district, including the fixing of rates, rentals, charges and classifications, and the making and enforcement of rules, regulations, contracts, practices, and schedules, for or in connection with any transit facility owned or controlled by the district.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40075.

40075. The board may either operate the transit system itself or a part thereof or it may contract with any other public or private agency or corporation to operate all or part of the transit system for the district or it may contract with any other public or private agency or corporation for the improvement in transit services, facilities, equipment or operations being operated and conducted by said agency or corporation in, and, or, out of, the district.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40077.

40077. The board may, from time to time, contract for or employ any professional service required by the district or for the performance of work or services which cannot satisfactorily be performed by the regular employees of the district.
The board may contract for the services of a treasurer, auditor, counsel, clerk, and general manager.
(Amended by Stats. 1976, Ch. 546.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40078.

40078. (a) The Auditor of the County of Orange shall provide the board with an annual audit of all books and accounts of the district, unless an audit by a certified public accountant or public accountant is otherwise provided by the board. The county auditor may make, or may contract with a certified public accountant or public accountant to make, the annual audit. Any costs incurred by the county auditor, including contracts with or employment of, a certified public accountant or public accountant, in making the audit pursuant to this section shall be borne by the district.
(b) Where an audit of the district’s accounts and records is made by a certified public accountant or public accountant, the minimum requirements of the audit shall be prescribed by the State Controller and shall conform to generally accepted auditing standards. A report shall be filed with the Auditor of the County of Orange within 12 months of the end of the fiscal year under examination.
(Amended by Stats. 1976, Ch. 546.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40079.

40079. Payment of claims against the district and disbursement of district funds shall be in the manner provided for claims against a county and disbursements of funds of a county.
The board, however, may provide by resolution for the payment of claims against the district without the prior specific approval thereof by the board, subject to such conditions as prescribed by the board.
(Amended by Stats. 1976, Ch. 546.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40080.

40080. None of the territory which is within the district shall be annexed to any other transit district unless the board, by resolution, approves the annexation of such territory to such other transit district.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 2 - Powers and Duties of Directors › Section 40081.

40081. To facilitate the business of the district, the board may provide for the creation and administration of such funds as the needs of the district may require. The funds shall be disbursed in accordance with rules adopted by the board, and all payments from any fund shall be reported to the board.
(Added by Stats. 1976, Ch. 546.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 3 - Meetings and Legislation › Section 40085.

40085. All meetings of the board shall be conducted in a manner prescribed by the Ralph M. Brown Act, Chapter 9 (commencing with Section 54950), Part 1, Division 2, Title 5 of the Government Code.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 3 - Meetings and Legislation › Section 40086.

40086. A majority of the board constitutes a quorum for the transaction of business.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 3 - Meetings and Legislation › Section 40088.

40088. The acts of the board shall be expressed by motion, resolution or ordinance. No ordinance, resolution or motion shall have any validity or effect unless passed by the affirmative votes of a majority of the directors. District ordinances shall be adopted in the same manner as provided for adoption of ordinances by a county.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 3 - Meetings and Legislation › Section 40089.

40089. The enacting clause of all ordinances shall be as follows: “Be it ordained by the board of directors of the Orange County Transit District.” All ordinances shall be signed by the chairman or vice chairman of the board and attested by the clerk.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 4 - Other Officers › Section 40095.

40095. The board may appoint and fix the salary of a general manager who shall have full charge of the acquisition, construction, maintenance, and operation of the facilities of the district, and of the administration of the business affairs of the district.
(Amended by Stats. 1991, Ch. 752, Sec. 1.5.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 4 - Other Officers › Section 40096.

40096. The board may designate the Treasurer, the Auditor, the County Counsel, and the Clerk of the County of Orange as the treasurer, auditor, counsel, and clerk of the district, and the treasury of that county may be designated the depositary for district funds for such time as the board may determine. Any costs incurred by the Treasurer, Auditor, County Counsel, and Clerk of the County of Orange in performing services for the district shall be borne by the district.
(Added by Stats. 1976, Ch. 546.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 4 - Other Officers › Section 40097.

40097. The treasurer shall be the custodian of the funds of the district and shall make payments only upon warrants duly and regularly signed by the chairman of the board or any other person so authorized by the board. The treasurer shall keep an account of all receipts and disbursements.
(Added by Stats. 1976, Ch. 546.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 3 - Internal Organization of District › ARTICLE 4 - Other Officers › Section 40098.

40098. Notwithstanding any other provision of law which requires warrants to be paid by the county auditor, the district treasurer shall pay the warrant if sufficient district funds are available.
In the event that the district designates the treasury of the County of Orange to be the depository of district funds and the county auditor is not designated as the district auditor, a listing of warrants issued by the district shall be submitted to the county auditor, upon his request, on the same day the warrants are issued. The form and content of the warrant listing shall be as prescribed by the board and approved by the county auditor.
(Added by Stats. 1976, Ch. 546.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40120.

40120. Whenever a majority of the employees employed by the district in a unit appropriate for collective bargaining indicate a desire to be represented by a labor organization, the district, upon determining as provided in Section 40122 that the labor organization represents the employees in the appropriate unit, shall enter into a written contract with the accredited representative of those employees governing wages, salaries, hours, and working conditions. In case of a dispute over wages, salaries, hours, or working conditions, which is not resolved by negotiations in good faith between the district and the labor organization, upon the request of both, the district and the labor organization may submit the dispute to the decision of the majority of an arbitration board, and the decision of the majority of the arbitration board shall be final. 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 the fifth member. If they are unable to agree, the names of five persons experienced in labor arbitration shall be obtained from the California State Mediation and 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 arbitrator. The labor organization and the district shall determine by lot who shall first strike from the list. The decision of a majority of the arbitration board shall be final and binding upon the parties thereto. The expenses of arbitration shall be borne equally by the parties. Each party shall bear his or her own costs.
(Amended by Stats. 2012, Ch. 46, Sec. 124. (SB 1038) Effective June 27, 2012.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40121.

40121. No contract or agreement shall be made with any labor organization, association, group, or individual, or be assumed under the provisions of this section, where such organization, association, group, or individual denies membership to or in any manner discriminates against any employee on the grounds of race, creed, color or sex; provided, that such organization may preclude from membership any individual who advocates the overthrow of the government by force or violence. The district shall not discriminate in regard to employment against any person because of his race, creed, or color.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40122.

40122. If there is a question whether a labor organization represents a majority of employees or whether the proposed unit is or is not appropriate, such matters shall be submitted to the State Conciliation Service for disposition. The State Conciliation Service shall promptly hold a public hearing after due notice to all interested parties and shall thereupon determine the unit appropriate for the purposes of collective bargaining. In making such determination and in establishing rules and regulations governing petitions, the conduct of hearings and elections, the State Conciliation Service shall be guided by relevant federal law and administrative practice, developed under the Labor-Management Relations Act, 1947, as presently amended.
The State Conciliation Service shall provide for an 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 such 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; provided, that no collective bargaining agreement shall be construed to be a bar to representation proceedings for a period of more than two years.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40122.1.

40122.1. (a) The Public Employment Relations Board established pursuant to Section 3541 of the Government Code, and the powers and duties of that board, as described in Section 3541.3 of the Government Code, shall apply, as appropriate, to this chapter and shall include the authority as set forth in subdivision (b).
(b) A complaint alleging any violation of this chapter or of any rules and regulations adopted by the district shall be processed as an unfair practice charge by the Public Employment Relations Board. The initial determination as to whether the charge of unfair practice is justified and, if so, the appropriate remedy necessary to effectuate the purposes of this chapter, shall be a matter within the exclusive jurisdiction of the Public Employment Relations Board, except that in an action to recover damages due to an unlawful strike, the Public Employment Relations Board shall have no authority to award strike-preparation expenses as damages, and shall have no authority to award damages for costs, expenses, or revenue losses incurred during, or as a consequence of, an unlawful strike. The Public Employment Relations Board shall apply and interpret unfair labor practices consistent with existing judicial interpretations of this chapter.
(c) The Public Employment Relations Board shall not find it an unfair practice for an employee organization to violate a rule or regulation adopted by a public agency if that rule or regulation is itself in violation of this chapter. This subdivision shall not be construed to restrict or expand that board’s jurisdiction or authority as set forth in subdivisions (a) and (b).
(Added by Stats. 2019, Ch. 713, Sec. 1. (AB 355) Effective January 1, 2020.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40123.

40123. Whenever the district acquires existing facilities from a publicly or privately owned public utility, either in proceedings by eminent domain or otherwise, the district shall assume and observe all existing labor contracts. To the extent necessary for operation of facilities, all of the employees of such acquired public utility whose duties pertain to the facilities acquired shall be appointed to comparable positions in the district without examination, subject to all the rights and benefits of this part, and these employees shall be given sick leave, seniority, vacation and pension credits in accordance with the records and labor agreements of the acquired public utility. Members and beneficiaries of any pension or retirement system or other benefits established by that public utility shall continue to have the rights, privileges, benefits, obligations and status with respect to such established system. No employee of any acquired public utility shall suffer any worsening of his wages, seniority, pension, vacation or other benefits by reason of the acquisition.
The district may extend the benefits of this section to officers or supervisory employees of the acquired utility.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40124.

40124. Except as otherwise provided in Chapter 6.5 (commencing with Section 40221) of this part, the district shall not acquire any existing system or part thereof whether by purchase, lease, condemnation, or otherwise. The district shall not dispose of or lease to any transit system or part thereof, nor merge, consolidate or coordinate any transit system or part thereof, or reduce or limit the lines or service of any existing system or of its system, or terminate any lease arrangement or management contract, unless it shall first give notice of such contemplated action to the collective bargaining agent of the employees who are or may be affected thereby. The terms and conditions of employment affected by such action shall be a proper subject of collective bargaining.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40125.

40125. Notwithstanding the provisions of the Government Code, employees of this district may authorize and, upon such authorization, the district may make deductions from wages and salaries of such employees:
(1) Pursuant to a collective bargaining agreement with a duly designated or certified labor organization for the payment of union dues, fees, or assessments.
(2) For the payment of contributions pursuant to any health and welfare plan or pension or retirement plan.
(3) For any purpose for which deductions may be authorized by employees of any private employer.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40126.

40126. The obligation of the district to bargain in good faith with a duly designated or certified labor organization and to execute a written collective bargaining agreement with such labor organization covering the wages, hours and working conditions of the employees represented by such labor organization in an appropriate unit, and to comply with the terms thereof shall not be limited or restricted by the provisions of the Government Code or other laws or statutes and the obligation of the district to bargain collectively shall extend to all subjects of collective bargaining which are or may be proper subjects of collective bargaining with a private employer, including retroactive provisions. Notwithstanding the provisions of the Government Code or other laws or statutes, the district shall make deductions from wages and salaries of its employees upon receipt of authorization therefor for the payment of union dues, fees or assessments, for the payment of contributions pursuant to any health and welfare plan or pension plan or for any other purpose for which deductions may be authorized by employees of any private employer, where such deductions are pursuant to a collective bargaining agreement with a duly designated or certified labor organization.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40127.

40127. The district may provide for a retirement system; provided, that the adoption, terms and conditions of any retirement system covering employees of the district represented by a labor organization in accordance with this section shall be pursuant to a collective bargaining agreement between such labor organization and the district.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40128.

40128. The district shall take the necessary steps to obtain coverage for the district and its employees under Subchapter II of the federal Social Security Act, as amended, and the related provisions of the Federal Insurance Contributions Act, as amended.
However, the district is not required to provide coverage under Subchapter II of the federal Social Security Act, as amended, for employees who are members of the Orange County Employees Retirement System. Notwithstanding Section 31557 of the Government Code, administrative and professional employees may be admitted to membership in the Orange County Employees Retirement System without making membership applicable to all employees of the district. The board, by resolution, shall determine which employees are employed in administrative and professional classifications.
(Amended by Stats. 1991, Ch. 752, Sec. 2.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 4 - Labor Provisions › Section 40129.

40129. The district shall take such steps as may be necessary to obtain coverage for the district and its employees under the workers’ compensation, unemployment compensation disability and unemployment insurance laws of the State of California.
(Amended by Stats. 1974, Ch. 1454.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 5 - Retirement System › Section 40130.

40130. The Orange County Employees Retirement System and the laws relating thereto or as hereafter amended shall be applicable to the officers and employees of the district, except as otherwise provided in Chapter 4 (commencing with Section 40120) of this part.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 40160.

40160. The district has perpetual succession and may adopt a seal and alter it at its pleasure.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 40161.

40161. The district may sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
(Added by Stats. 1965, Ch. 1899.)
2023 California Code › Public Utilities Code - PUC › DIVISION 10 - TRANSIT DISTRICTS › PART 4 - ORANGE COUNTY TRANSIT DISTRICT › CHAPTER 6 - Powers and Functions of District › ARTICLE 1 - Corporate Power › Section 40162.

40162. The district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part. The district in exercising such power shall, in addition to the damage for the taking, injury or destruction of property, also pay the cost of removal, reconstruction or relocation of any structure, railway, mains, pipes, conduits, cables or poles of any public utility which is required to be moved to a new location.
No such taking or acquisition by the district which would involve the abandonment, removal, relocation, or use of property of a railroad corporation, as defined in Section 230 of this code, shall be permitted, unless the Public Utilities Commission, after hearing, shall find and determine that the public interest and necessity require the abandonment, removal, relocation, or use of such property and that such taking or acquisition will not unreasonably impair the ability of the railroad corporation involved to provide safe, adequate, economical, and efficient service.
(Amended by Stats. 1975, Ch. 1176.)