SECTIONS 25801-25816 - California Statutes

PUBLIC UTILITIES CODE

SECTION 25801-25816

25801. A district may acquire, construct, own, operate, control or
use rights of way, rail lines, bus lines, stations, platforms,
switches, yards, terminals, and any and all other facilities
necessary or convenient for transit service within or partly without
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 state freeways shall be subject to the approval
of the State Department of Public Works and installations in other
state highways shall be subject to Article 2, Chapter 3, Division 1
of the Streets and Highways Code.

25802. A 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 cooperate with and accept
cooperation from the state, or any department, instrumentality, or
agency thereof, or any public agency of the state in the acquisition,
construction, maintenance, and operation of, and in financing the
acquisition, construction, maintenance, and operation of, any such
transit facilities.

25803. A district shall not interfere with or exercise any 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.

25804. A 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.

25805. A 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. The district shall with
respect to the operation of any rail facilities maintain the area of
the street or public highway between such rails and for two feet on
either side thereof and shall upon removal of such rails restore any
such street or public highway to a like condition as the surrounding
street or highway area, all in accordance with local ordinances. The
district shall not use any street or public highway in a manner to
unnecessarily impair its usefulness. The district shall upon
acquiring by condemnation or otherwise the facilities of a private
transit company assume any and all obligations of such private
company to maintain, repair or replace any street, public highway or
part thereof.

25806. A 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; may enter into
agreements with any city, public agency or public utility operating
any transit facilities, either wholly or partially within, or
without, 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.

25807. The rates and charges for service furnished pursuant to this
part shall be fixed by the board and shall be reasonable.

25808. The board of supervisors of a county or a city and county,
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.

25809. Upon the filing of a request for hearing as provided in
Section 25808 the district board shall fix the time and place for
hearing. The time fixed shall not be less than 15 days nor more than
60 days from the date such request is filed. Notice of such hearing
shall be given to the county or city requesting such hearing and
shall be published by the board.

25810. At the time fixed for any hearing before the board any board
of supervisors or city council eligible to file a request for
hearing, not a party to the original request for hearing, may
intervene and shall be entitled to be heard and to introduce
evidence.

25811. The district, petitioner or petitioners, and the intervenors
shall have the right to call and examine witnesses; to introduce
exhibits; to cross-examine opposing witnesses on any matter relevant
to the issues even though that matter was not covered in direct
examination; and to rebut evidence introduced by other parties.

25812. Oral evidence shall be taken only on oath or affirmation.
The hearing need not be conducted according to technical rules
relating to evidence and witnesses. Any relevant evidence shall be
admitted if it is the sort of evidence on which responsible persons
are accustomed to rely in the conduct of serious business affairs,
regardless of the existence of any common law or statutory rule which
might make improper the admission of such evidence over objection in
a civil action. Hearsay evidence may be used for the purpose of
supplementing or explaining any direct evidence but shall not be
sufficient in itself to support a finding unless it would be
admissible over objection in a civil action.

25813. The attorney for the district shall be present at the
hearing and shall advise the board on matters of law, and shall
render such other assistance as may be requested by the board.

25814. A complete record of all proceedings and testimony before
the board at such hearing shall be taken down by a reporter appointed
by the board. In case an action is brought to review any decision of
the board, a transcript of such testimony, together with all
exhibits or copies thereof introduced, together with the written
request for hearing and other proceedings in the cause shall
constitute the record on review; provided, however, that the board
and other parties may stipulate in writing that a specified portion
of the evidence be certified to the court for judgment and in such
case the portion of the evidence specified and the stipulation
specifying such evidence shall be the record on review.

25815. Within 30 days after submission of the case the board shall
render its decision in writing together with written findings of
fact. Copies of the findings and decision shall be sent forthwith to
the petitioners and intervenors by registered mail, postage prepaid.

25816. Within 40 days after the mailing of the decision to the
petitioner, the petitioner may apply for a writ of mandate in the
manner provided in the Code of Civil Procedure. The complete record
of the proceedings, or such parts thereof as are designated by the
petitioner, shall be prepared by the district and shall be delivered
to the petitioner within 30 days after a request therefor, upon
payment of the expense of preparation and certification thereof.