SECTIONS 67535-67547 - California Statutes

GOVERNMENT CODE

SECTION 67535-67547

67535. The authority shall terminate no later than December 31,
1981. The authority may terminate itself prior to that date if the
following conditions are satisfied:
(a) The authority has completed its design work and transmitted to
the department the final plans and specifications for the
construction of the regional transit terminal.
(b) The department accepts the final plans and specifications
developed by the authority.

67536. The authority may sue and be sued in all courts of competent
jurisdiction, except that the State of California does not consent
to any suit filed against the authority in any federal court of the
United States; provided, that the authority may, as a plaintiff,
institute or, as an intervenor, intervene in any suit in any federal
court of the United States.

67537. (a) The authority shall investigate and evaluate various
reasonable alternatives for the development of the regional transit
terminal and, after public hearing, shall adopt one alternative for
implementation. The authority shall consult with the department
during the design phase regarding design criteria and construction
procedures. Final plans and specifications shall be submitted to the
department for review and acceptance. The department shall accept the
plans and specifications within 90 days of receiving the documents
or shall transmit its concerns and reasons for not accepting the
documents within 90 days.
(b) The authority and the department may acquire by grant,
purchase, lease, gift, devise, or otherwise any property, or
interests in property, necessary to the development of the regional
transit terminal.

67538. (a) The authority itself may develop, or may contract for
the development of, plans and specifications for the regional transit
terminal.
(b) The department shall construct and operate the regional
transit terminal or it may contract for such construction and
operation.
(c) The regional transit terminal shall be so designed and
constructed as to facilitate the transfer of passengers between
carriers and between different modes of transit.
(d) Financing and programming of the regional transit terminal
shall be subject to review and approval by the Metropolitan
Transportation Commission consistent with its planning and
programming authority for the region, as defined in Section 66502.

67539. (a) The authority and the department shall have the power to
apply for and accept grants and loans from any department or agency
of the United States of America to be used for the development of the
regional transit terminal, or of any facilities ancillary thereto,
and to enter into any agreement with such department or agency in
relation to such grants or loans; provided, however, that such
agreement shall not conflict with any of the provisions of any
indenture under which bonds of the commission are then outstanding.
(b) The authority and the department may accept contributions of
money or property from any city, city and county, district, or
political subdivision of the state for the development of the
regional transit terminal.

67540. The department may construct or may assist other public
districts or agencies or carriers operating under a certificate of
public convenience and necessity issued by the Public Utilities
Commission in the construction of such connections as may be
necessary or desirable to facilitate the transfer of passengers
between different carriers or modes of transit, including, but not
limited to, a connection with facilities of the San Francisco Bay
Area Rapid Transit District.

67541. The authority may exercise the right of eminent domain for
the condemnation of real or personal property or any right or
interest therein for its use within the City and County of San
Francisco, including the power to acquire real property in fee simple
or any lesser estate or interest or for rights-of-way or other uses
of the authority and also for the purpose of protecting and
preserving the rights, powers and privileges of the authority with
respect to any facilities then owned or operated by the authority. No
publicly owned property shall be taken, or condemnation proceedings
instituted therefor, without the consent of the public agency or
public corporation owning or controlling such publicly owned
property.
Notwithstanding the provisions of this section no taking or
acquisition of title or possession, by the district which would
involve the abandonment, removal, relocation or use of the property
of a railroad corporation, as defined in Section 230 of the Public
Utilities Code, shall be permitted, unless the Public Utilities
Commission, after a 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.

67542. The authority shall not commence any eminent domain
proceedings unless the board first adopts by unanimous vote a
resolution that meets the requirements of Article 2 (commencing with
Section 1245.210) of Chapter 4 of Title 7 of the Code of Civil
Procedure.

67543. The authority may adopt such rules and regulations as may be
necessary to enable it to exercise the powers and perform the duties
conferred or imposed upon it by this chapter. The authority may by
resolution make, amend and repeal rules and regulations governing the
use, operation, and maintenance of the regional transit terminal or
any part thereof under its jurisdiction and control; provided,
however, that any indenture may place limitations and conditions upon
the exercise of such powers or any thereof.

67544. The authority shall have power to deposit any moneys of the
authority, in accordance with the provisions of the general laws of
the State of California governing the deposit of public moneys of
counties, in such bank or banks in the State of California as may be
authorized to receive deposits of public funds, in the same manner
and upon the same security as public moneys of counties are deposited
in such banks and with like force and effect, and to invest any
moneys in any sinking fund or reserve fund created by any indenture
or any surplus in the treasury of the authority not required for its
immediate needs, in accordance with the general laws of the State of
California relating to investments of county funds, but subject to
such limitations and restrictions as may be provided in any indenture
under which bonds of the authority are outstanding.

67545. The authority shall not have power to levy taxes for any
purpose whatsoever.

67546. All property of the authority, and all income, rates, fees,
rentals, and other charges received or collected by the authority
shall be free and exempt from all taxes by the State of California or
by any political subdivision or subordinate taxing authority
thereof.

67547. The authority may adopt such rules and regulations governing
the employment of any and all employees necessary to carry out its
powers, including, without limiting the generality of the foregoing,
the establishment of a retirement system.
If the authority determines that it is in the authority's interest
to do so, the authority may enter into a contract with the Public
Employees' Retirement System to provide for the inclusion of all its
employees in the Public Employees' Retirement System.