SECTIONS 105095-105105 - California Statutes

PUBLIC UTILITIES CODE

SECTION 105095-105105

105095. The district may provide a rail transit system for the
transportation of passengers and their incidental baggage by rail.

105096. (a) The district may acquire, construct, own, operate,
control, or use rights-of-way, rail lines, stations, platforms,
switches, yards, terminals, parking lots, and any and all other
facilities necessary or convenient for rail transit within and
without the district, together with all physical structures necessary
or convenient for the access of persons and vehicles thereto,
including ancillary bicycle and pedestrian pathways, and may acquire
or contract for any interest in or rights to the use or joint use of
any or all of the foregoing.
(b) The district may contract with any public agency or person for
the operation of shuttle services necessary or convenient for rail
transit.
(c) The district shall comply with the design review process of
the local jurisdiction in which any rail transit facilities are to be
constructed. The local jurisdiction's design review and approval
shall be for advisory purposes only.
(d) In Sonoma County, north of Healdsburg, the district shall
locate commuter stations only within incorporated areas.
(e) In Marin County north of San Rafael, the district shall locate
commuter stations only within areas that are incorporated as of the
operative date of this part.

105097. The district may lease or contract for the use of its rail
transit facilities, or any portion thereof, to any operator, and may
provide for subleases by the operator upon any terms and conditions
it deems in the public interest. As used in this section, "operator"
means any public agency or any person.

105098. Except as otherwise provided in Section 105143, the board
may contract with any public agency or person to provide rail transit
facilities and services for the district.

105099. The district may construct and operate or acquire and
operate rail transit works and facilities in, under, upon, over,
across, or along any state or public highway or any stream, bay or
watercourse, or over any of the lands that are the property of the
state, to the same extent that these rights and privileges are
granted to municipalities within the state.

105100. Except as otherwise provided in Section 105087, the
provisions of Article 5 (commencing with Section 53090) of Chapter 1
of Part 1 of Division 2 of Title 5 of the Government Code shall not
be applicable to the district.

105101. 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, wholly or partially within or without the
district, for the joint use of any property of the district or of the
city, public agency, or public utility, or for the establishment of
through routes, joint fares, transfer of passengers, or pooling
agreements.

105102. The district may, without limitation by any other
provisions of this part requiring approval of indebtedness, accept
contributions of money, grants, loans, rights-of-way, labor,
materials, and any other property from the state or the United
States, or any department, instrumentality, or agency thereof, or
from any public agency for the acquisition, construction,
maintenance, and operation of rail transit facilities. The district
may, without limitation by any other provisions of this part, enter
into any contract and cooperate with and accept cooperation from the
state or the United States, 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 rail
transit facilities. The district may do any and all things necessary
in order to obtain the aid, assistance, and cooperation under any
federal or state legislation now or hereafter enacted. Any evidence
of indebtedness issued under this section shall constitute a
negotiable instrument.

105103. The rates and charges for rail transit service furnished
pursuant to this part shall be fixed by the board and shall be
reasonable.

105104. The district shall work with the North Coast Railroad
Authority, the Federal Railroad Administration, and any of its
successor agencies, to achieve safe, efficient, and compatible
operations of both passenger rail and freight service along the rail
line in Sonoma and Marin Counties.

105105. The district shall be responsible for any advance payment
of any portion of the North Coast Railroad Authority's Q-Fund loan
repayment obligation caused by the district's action. Any amount
advanced by the district shall be reimbursed by the North Coast
Railroad Authority at the time the North Coast Railroad Authority's
obligation to repay that portion of the Q-Fund loan would otherwise
become due.