SECTIONS 101195-101206 - California Statutes

PUBLIC UTILITIES CODE

SECTION 101195-101206

101195. The district may acquire, construct, own, operate, control,
or use rights-of-way, rail lines, buslines, stations, platforms,
switches, yards, terminals, and any and all other facilities
necessary or convenient for transit service within or partly outside
the district, underground, upon, or above the ground and under, upon,
or over public streets or other public ways or waterways, together
with all physical structures necessary or convenient for the access
of persons and vehicles thereto, and may acquire any interest in, or
rights to, the joint use of any or all of the foregoing; provided,
that installations in any street, road, or other property devoted to
a public use shall be subject to consent of the governing body in
charge of such public use.

101196. The district may, without limitation by any other
provisions of this part requiring approval of indebtedness, accept
contributions of money, rights-of-way, labor, materials, and any
other property for the acquisition, construction, maintenance, and
operation of transit facilities, and may, without limitation by any
other provisions of this part, enter into any contracts and
cooperation with, and accept cooperation from the United States, the
state, or any department, instrumentality, or agency thereof, or any
public agency in the acquisition, construction, maintenance, and
operation of, and in financing the acquisition, construction,
maintenance, and operation of, any such transit facilities.

101197. The district shall not interfere with, or exercise control
over, any transit facilities now or hereafter owned and operated
wholly or partly within the district by any city or public agency,
unless by consent of such city or public agency and upon such terms
as are mutually agreed upon between the board and such city or public
agency.

101198. The district may lease, or contract for the use of, its
transit facilities, or any portion thereof, to any operator, and may
provide for subleases by such operator upon such terms and conditions
as it deems in the public interest. The word "operator" as used in
this section means any city or public agency or any person, firm, or
private corporation.

101199. The district may construct and operate or acquire and
operate works and facilities in, under, upon, over, across, or along
any street or public highway or any stream, bay, or watercourse, or
over any of the lands which are the property of the state, to the
same extent that such rights and privileges appertaining thereto are
granted to municipalities within the state, and to install adequate
bus stops, including the painting of curbs, subject to the governing
body in charge of such streets, highways, stream, watercourse, or
lands.

101200. The district may enter into agreements for the joint use of
any property and rights by the district and any city, public agency,
or public utility operating transit facilities and may enter into
agreements with any city, public agency, or public utility operating
any transit facilities, either wholly or partially within or outside
the district, for the joint use of any property of the district or of
such city, public agency, or public utility, or the establishment of
through routes, joint fares, transfer of passengers, or pooling
arrangements.

101201. The rates and charges for service furnished by the district
shall be fixed by the board and shall be reasonable.

101202. The board of supervisors, or the city council of a
municipality having territory located within the district, may file a
request for a hearing before the district board as to the
reasonableness of any rates or charges fixed by the district and as
to any proposal for fixing the location of facilities by the
district. The request shall be in writing, and shall state the
subject matter on which a hearing is desired.

101203. Upon the filing of a request for hearing as provided for in
Section 101202, the district board shall fix the time and place for
hearing. The time fixed shall be not less than 20 days nor more than
60 days from the date such request is filed. Notice of such hearing
shall be given by mail to the city or county requesting such hearing
and to each local agency lying either in whole or in part within the
district. Such mailing shall be completed not later than the 15th day
before the date fixed for the hearing. Notice of the hearing shall
be published by the district pursuant to Section 6066 of the
Government Code. The first publication shall be made not sooner than
the 30th day and not later than the 15th day before the date fixed
for the hearing.
As used in this section, "local agency" means the county, an
incorporated city, and a special district, including a school
district.

101204. Prior to, or at the time fixed, for hearing, the board of
supervisors, or any city council eligible to file a request for
hearing, and not a party to the original request for hearing, may
intervene by filing a written notice of intervention with the
secretary of the district. Any such intervener shall be entitled to
be heard and introduce evidence.

101205. Within 30 days after submission of the case, the board
shall render its decision and its decision shall be final.

101206. The district may operate charter bus service subject to the
following limitations:
(a) No bus equipment which is designed solely for charter service
shall be purchased. A bus equipped with a toilet or underfloor
baggage compartment shall be deemed charter equipment.
(b) The board shall hold a public hearing prior to adopting a
charter rate schedule or any amendment thereof. Notice of the hearing
shall be mailed to each charter-party carrier operating within the
district at least 30 days prior to the hearing. The notice shall
include the proposed charter rate schedule. At the close of the
public hearing, the board may adopt charter rate schedules which
shall not be less than the average for the three largest private
charter-party carriers operating similar service in the district.
(c) Charter service shall originate and terminate within the area
served by the district, unless a private charter-party carrier
requests the district to provide service beyond the area served by
the district.