SECTIONS 105010-105012 - California Statutes

PUBLIC UTILITIES CODE

SECTION 105010-105012

105010. There is hereby created the Sonoma-Marin Area Rail Transit
District, comprising the territory lying within the boundaries of the
Counties of Marin and Sonoma.

105011. Through compliance with the provisions for annexation set
forth in Chapter 7 (commencing with Section 105280), the territory of
all or part of any other contiguous county may be included within
the district.

105012. (a) Upon the dissolution of the Sonoma-Marin Area Rail
Transit Commission and the Northwestern Pacific Railroad Authority,
the district shall succeed to any or all of the powers, duties,
rights, obligations, liabilities, indebtedness, bonded and otherwise,
immunities, and exemptions of the commission and its board of
commissioners and the authority and its board of directors.
(b) Upon the dissolution of the Sonoma-Marin Area Rail Transit
Commission and the Northwestern Pacific Railroad Authority, the
district shall assume the rights and obligations of the commission
and the authority under any contract to which the commission or the
authority is a party and which is to be performed, in whole or in
part, on or after the date of dissolution of the Sonoma-Marin Area
Rail Transit Commission and the Northwestern Pacific Railroad
Authority, including, without limitation, any existing operating
agreements with the North Coast Railroad Authority. The district
shall thereafter negotiate in good faith a new operating agreement
with the North Coast Railroad Authority. If the parties are unable to
reach an agreement on the new operating agreement, the parties shall
select a mutually agreed upon third party to mediate a resolution of
the dispute.
(c) All real and personal property owned by the Sonoma-Marin Area
Rail Transit Commission and the Northwestern Pacific Railroad
Authority may be transferred to the district. Any real or personal
property owned individually or jointly by the Golden Gate Bridge,
Highway and Transportation District, the County of Marin, or the
Marin County Transit District, or any other public agency, may be
transferred to the district. The transfer of any right-of-way from
the Northwestern Pacific Railroad Authority, the Golden Gate Bridge,
Highway and Transportation District, the County of Marin, or the
Marin County Transit District to the district shall be made subject
to any existing easements for freight and passenger excursion service
issued to the North Coast Railroad Authority prior to the time of
the transfer.
(d) Upon the dissolution of the Sonoma-Marin Area Rail Transit
Commission, the district shall assume, without any condition
whatsoever, all responsibilities and obligations previously assumed
by the commission with respect to its fund transfer agreement with
Caltrans for the funding of the Sonoma-Marin Area Rail Transit
Project.
(e) On and after the date of dissolution of the Sonoma-Marin Area
Rail Transit Commission and the Northwestern Pacific Railroad
Authority, any reference in any provision of law or regulation to the
commission or the authority shall be deemed to refer to the
district.