SECTIONS 33000-33021 - California Statutes

PUBLIC UTILITIES CODE

SECTION 33000-33021

33000. The Legislature finds and declares that:
(a) It is necessary and in the best interest of the citizens of
the state to authorize the Southern California Rapid Transit District
to levy special benefit assessments for needed public rail rapid
transit facilities and services on the property which benefits from
those facilities and services.
(b) The rail rapid transit facilities and services provide special
benefits to parcels of land, and improvements thereon, in the
vicinity of rail rapid transit stations, and provide general benefits
to the community at large. The Board of Directors of the Southern
California Rapid Transit District shall be the conclusive judge of
the proportion of special and general benefits produced by the
facilities and of the distribution of the special benefits among
parcels of property within the benefit assessment district.

33001. (a) Whenever the board finds that property adjacent to, or
in the vicinity of, one or more rail transit stations, or proposed
rail transit stations, of the district receives or will receive
special benefit by reason of the location or operation of one or more
of those rail transit stations, the board may, by resolution adopted
by a two-thirds vote of its members, provide for notice and hearing
on its intention to establish one or more special benefit districts
and to levy a special benefit assessment on real property therein for
the purpose of financing, in whole or in part, the acquisition,
construction, development, joint development, operation, maintenance,
or repair of one or more rail transit stations and rail transit
related facilities located within the benefit district.
(b) For purposes of this chapter, "benefit district" means a
special benefit assessment district established pursuant to this
chapter, the area of which shall not lie more than one mile from the
center point of any rail transit station or proposed rail transit
station within the central business district of the City of Los
Angeles and shall not lie more than one-half mile from the center
point of any rail transit station or proposed rail transit station at
any other location. "Central business district of the City of Los
Angeles" means that area within the City of Los Angeles lying east of
the Harbor Freeway (State Highway Route 11).
(c) The resolution may provide that the proposed benefit district
will contain separate zones, which may consist of either contiguous
or noncontiguous areas of land within the district. The proposed
benefit district and each proposed zone, if any, therein shall be an
area adjacent to, or in the vicinity of, one or more rail transit
stations or proposed rail transit stations. The boundaries of the
benefit district and of each zone, if any, therein shall be drawn so
as to reflect, as accurately as possible, the areas in which special
benefits are conferred by reason of the proximity and operation of
one or more rail transit stations.
(d) The notice stating the time and place of the hearing, and
setting forth the boundaries and purpose of the proposed benefit
district, shall be published prior to the time fixed for the hearing
pursuant to Section 6066 of the Government Code.
(e) Notice shall also be mailed at least 30 days prior to the
hearing to all owners of real property within the boundaries of the
proposed benefit district whose names and addresses appear on the
last equalized assessment roll or are otherwise known to the Board of
Supervisors of the County of Los Angeles or to the district.
(f) For purposes of this chapter, "transit related facilities"
means land, buildings and equipment or any interest therein, whether
or not the operation thereof produces revenue, which has, as its
primary purpose, the operation of the rail transit system or the
providing of services to the passengers of the rail transit system,
but does not mean any land, buildings, or equipment, or interest
therein, which is used primarily for the production of revenue not
arising from the operation of the rail transit system.

33001.5. (a) At the time and place fixed for the hearing on the
establishment of the benefit district, or at any time and place to
which the hearing is adjourned, the board shall proceed with the
hearing. At the hearing, interested persons may appear and present
matters material to the proposed board action. At the conclusion of
the hearing, the board shall, by a resolution adopted by a two-thirds
vote of its members, determine whether to proceed with the proposed
action.
The resolution shall state, as appropriate, the maximum and
minimum rate of assessment, the amount of the special benefit
assessment and the purposes for which it is to be levied, the
estimated cost of accomplishing the purposes, and the dates or
approximate intervals at which the assessment shall be levied. The
resolution shall also state that the exterior boundaries of the
benefit district are set forth on a map on file with the secretary of
the district, which map shall govern for all purposes as to the
extent of the benefit district and zones, if any, therein and that
the area set forth on the map shall thereupon constitute and be known
as "Benefit District No. __ of the Southern California Rapid Transit
District," or as "Benefit Zone __ of the Benefit District No. __ of
the Southern California Rapid Transit District," as designated by the
board.
(b) The resolution shall be submitted to the governing body. The
governing body shall, after a public hearing conducted by the
governing body and prior to the creation of the benefit district,
approve, or amend and approve, as amended, or disapprove the
geographic boundaries of the benefit district and the method of
assessment. The resolution of approval or disapproval from the
governing body shall be returned to the board.
(c) The board shall, by a two-thirds vote of its members,
determine whether to create the benefit district as approved by the
governing body. If the board decides to proceed with creating the
benefit district as approved by the governing body, the board may, in
addition to any amendments made by the governing body, reduce the
size of the benefit district, but in so doing shall not include any
territory not included in the benefit district approved by the
governing body nor change the approved method of assessment. The
determination by the board is final and conclusive.
(d) For purposes of this section, "governing body" means the city
council of a city in which the proposed benefit district is located
or, if the benefit district is located in unincorporated territory,
the board of supervisors of the county in which the proposed benefit
district is located.
(e) The board may provide in the resolution, or in a later
resolution adopted by a two-thirds vote of the members of the board,
for changes in the assessment to particular real property within the
benefit district or any zone therein arising out of changes in the
parcel area or floor area of that real property.

33002. (a) In determining the amount of a special benefit
assessment, the board may measure the benefit to real property in the
benefit district or zones therein by the parcel area of unimproved
real property and by the parcel area and the floor area of real
property and improvements thereto of improved real property, as
deemed appropriate by a resolution adopted by a two-thirds vote of
the members of the board.
(b) The special benefit assessment constitutes a charge imposed on
particular real property for a district project of direct benefit to
that property, and does not constitute ad valorem taxes or any other
form of general tax levy applying a given rate to the assessed
valuation of all taxable property within the district.
(c) The district shall possess all powers necessary for,
incidental to, or convenient for the collection, enforcement,
administration, or distribution of the special benefit assessment in
accordance with California law.
(d) The revenue from a special benefit assessment, which is
imposed pursuant to this chapter, or from bonds secured by such a
special benefit assessment, for the purpose of financing a rail
transit station or rail transit related facility located within the
benefit district, shall be used only for financing of the facility
for which it was levied, and that revenue shall not be used for any
other purpose or the payment of any other expense of the district,
including, but not limited to, transit, transportation, or operating
expense.

33002.1. The board may order benefit assessment without an
election, except as otherwise provided in Section 33002.2.

33002.2. An election shall be held if the board finds that a
petition requesting that the proposal be submitted to confirmation by
the voters has been signed by the owners of at least 25 percent of
the assessed value of real property within the benefit district.

33002.3. (a) For purposes of this chapter, "voter" means an owner
of real property which is assessed or proposed to be assessed under
this chapter and which is within the boundaries of the benefit
district.
(b) In any election conducted under this chapter, each voter in
the benefit district may cast one vote for each one thousand dollars
($1,000), or fraction thereof, worth of land or improvements owned by
the voter in the benefit district as is shown on the most recent
equalized assessment roll.

33002.4. (a) Where land in the benefit district is owned in joint
tenancy, tenancy in common, or any other multiple ownership, the
owners of that land shall designate in writing which one of the
owners shall be deemed the owner of that land for purposes of
qualifying as a voter.
(b) The legal representative of a corporation or an estate owning
real property in the benefit district may act on behalf of the
corporation or the estate.
(c) (1) For purposes of this chapter, "legal representative" means
an official of a corporation owning real property in the benefit
district.
(2) For purposes of this chapter, "legal representative" also
means a guardian, conservator, executor, or administrator of the
estate of the holder of title to real property in the benefit
district who is all of the following:
(A) The person is appointed under the laws of this state.
(B) The person is entitled to the possession of the estate's real
property.
(C) The person is authorized by the appointing court to exercise
the particular right, privilege, or immunity which he or she seeks to
exercise.
(d) Before a legal representative acts as a voter at a district
election, the legal representative shall present to the precinct
board a certified copy of his or her authority which shall be kept
and filed with the returns of the election.

33002.5. The petition for confirmation by the voters shall be filed
with the board within 30 days after the conclusion of the public
hearing required by Sections 33001 and 33001.5. If a petition meeting
the requirements of Section 33002. 2 is filed, the board shall adopt
a resolution approving the proposal to form a benefit district
subject to confirmation by the voters of the benefit district.

33002.6. After the board has adopted a resolution approving the
proposal to form a benefit district under Section 33002.5, but before
the board may levy any assessment, the board shall call an election
in the benefit district for the purpose of submitting to the voters
the proposition of levying the assessment by the benefit district.
The resolution calling the election shall state each of the items
required to be contained in the resolution adopted pursuant to
Section 33001.5.

33002.7. The board shall submit the proposition of levying an
assessment to the voters of the benefit district in a special
election to be held within 90 days following the adoption of the
resolution calling an election. The provisions of the Elections Code
relating to the manner of voting, the duties of election officers,
the canvassing of returns, and all other particulars in respect to
the management of elections, insofar as they may be applicable, shall
govern all elections conducted pursuant to this chapter.
Ballots for the special election may be distributed to voters by
mail with return postage prepaid, and shall be received by the
district either by mail or hand delivery at the address shown on the
postage prepaid envelope no later than 5:00 p.m. on the special
election day.
The district shall pay to the county the reasonable expenses that
the county incurs in conducting an election under this chapter, and
the district may expend funds collected from the benefit assessment
approved pursuant to the election for this purpose.

33002.8. If a majority of the votes cast at the election conducted
under this chapter approve the proposition, the board may levy the
assessment pursuant to the resolution adopted pursuant to Section
33002.

33002.9. (a) Any owner or owners of real property, which is, in
whole or in part, within the benefit district, or their legal
representatives, may jointly or severally file with the board a
petition requesting that the real property owned by them or for which
they are the legal representative be excluded from the benefit
district on the ground that the real property sought to be excluded
is not benefited or that the assessment be reduced on the ground that
the assessment exceeds the benefit to that real property.
(b) The real property sought to be excluded or upon which the
assessment is sought to be reduced shall be described by its legal
description and shall be accompanied by a map depicting its location
in relation to the benefit district.
(c) The petition shall contain a statement of facts in support of
the petition and shall be acknowledged by the owner or the legal
representative filing the petition.

33002.10. Notice of each hearing upon the petition for exclusion or
reduction shall be given in accordance with subdivisions (d) and (e)
of Section 33001.

33002.11. At the time and place provided in the notice or at any
time and place to which the hearing is adjourned, the board or its
appointed hearing officer shall hear all the following:
(a) The petition for exclusion or reduction.
(b) All evidence or proofs that may be introduced by or on behalf
of the petitioners.
(c) All objections to the petition that may be presented in
writing by any person, including the district.
(d) All evidence or proofs that may be introduced in support of
objections to the petition.

33002.12. The expenses of giving the notice provided for herein and
of the hearing on the exclusion or reduction petition shall be paid
by the persons filing the petition.

33002.13. Upon the hearing on an exclusion or reduction petition by
the board, or upon the record of hearing by a hearing officer, the
board shall order the petition be denied when the petitioner has not
shown by a preponderance of the evidence that in an exclusion
petition his or her real property is not benefited or in a reduction
petition that the assessment exceeds the benefit to the property.

33002.14. The board, after the hearing on an exclusion or reduction
petition, shall order one of the following by resolution:
(a) In the case of an exclusion petition, order the exclusion of
all or any part of the real property described in the petition upon
its finding that the property will not be benefited by the operations
of the district in the vicinity of the benefit district.
(b) In the case of a reduction petition, order a change in the
benefit assessment to all or any portion of the real property
described in the petition to provide that it not exceed the amount of
benefit derived by the operations of the district in the vicinity of
the benefit district.
(c) Confirm the assessment on the real property subject to the
petition as correctly reflecting the amount of benefit to the real
property.

33003. (a) Following formation of the benefit district or
concurrently therewith, if the board deems it necessary to incur a
bonded indebtedness for the acquisition, construction, development,
joint development, completion, operation, maintenance, or repair of
one or more rail transit stations and related rail transit facilities
located within the benefit district, the board may provide, by
resolution, that the bonded indebtedness shall be payable from
special benefit assessments levied within the benefit district. The
resolution shall be adopted by a two-thirds vote of the members of
the board, and shall declare and state all of the following:
(1) That the board intends to incur an indebtedness, by the
issuance of bonds of the district, for the benefit district which the
board has formed, or intends to form, within a portion of the
district.
(2) The purposes for which the proposed debt is to be incurred,
which may include all costs and estimated costs necessary or
convenient for, incidental to, or connected with the accomplishment
of the purposes, including, without limitation, engineering,
inspection, legal, fiscal agent, financial consultant, bond and other
reserve funds, working capital, bond interest estimated to accrue
during the construction period, if any, and for a period not
exceeding three years thereafter, and the expenses of all proceedings
for the authorization, issuance, and sale of the bonds.
(3) The estimated cost of accomplishing the purposes and the
amount of the principal of the indebtedness to be incurred.
(4) That a general description of the benefit district and of each
zone, if any, therein and maps showing the exterior boundaries
thereof are on file with the secretary of the district and available
for inspection by any interested person.
(5) That special benefit assessments for the payment of the bonds,
and the interest thereon, have been or shall be levied in the
benefit district or zones therein by the parcel area of unimproved
real property and by the parcel area and the floor area of real
property and improvements thereto of improved real property, as
deemed appropriate by a resolution adopted by a two-thirds vote of
the members of the board, at rates which are sufficient in the
aggregate, together with revenues already collected and available
therefor, to pay the principal of, and interest on, all bonds of the
district issued for the benefit district.
(6) The extent to which, if at all, all or a portion of the
revenues of the district are to be used to pay the principal of,
interest on, and sinking fund payments for, the bonds, including the
establishment and maintenance of any reserve fund therefor.
(7) The time and place set for hearing on the proposed issuance of
the bonds.
(8) That at the same time as the Board of Supervisors of the
County of Los Angeles is required by law to fix the general tax levy
and in the manner provided for the general tax levy, the district
board shall levy and collect special benefit assessments in the
benefit district or zones therein by the parcel area of unimproved
real property and by the parcel area and the floor area of real
property and improvements thereto of improved real property, as
deemed appropriate by the district board, at rates which are
sufficient in the aggregate, together with revenues already collected
and available therefor, to pay the interest on the bonds as it
becomes due, and the part of the principal of the bonds, including
sinking fund installments required by any of the district's
agreements with bondholdlers, as will become due before proceeds of a
special benefit assessment, levied at the time of the next general
tax levy, will be available for those purposes; and to provide or to
restore the bond reserve fund to the amount required by any of the
district's agreements with bondholders.
(9) The maximum term the proposed bonds shall run before maturity,
which shall not exceed 40 years from the date of the bonds or any
series thereof.
(10) The maximum rate or rates of interest to be paid, which shall
not exceed 12 percent per annum.
(11) That the pledge of special benefit assessment revenues to the
bonds authorized by this section has priority over the use of any of
those revenues for pay-as-you-go financing, except to the extent
that this priority is expressly restricted by any of the district's
agreements with bondholders.
(b) The notice stating the time and place of the hearing on the
proposed issuance of bonds shall be published prior to the time fixed
for the hearing pursuant to Section 6066 of the Government Code.
(c) Notice shall also be mailed at least 30 days prior to the
hearing to all owners of real property within the boundaries of the
benefit district whose names and addresses appear on the last
equalized assessment roll or are otherwise known to the Board of
Supervisors of the County of Los Angeles or to the district.

33004. At the time and place fixed for the hearing on the issuance
of bonds payable from special benefit assessments levied under this
chapter, or at any time and place to which the hearing is adjourned,
the board shall proceed with the hearing. Interested persons may
appear at the hearing and present matters material to the questions
set forth in the resolution. At the conclusion of the hearing on the
proposed issuance of bonds, the board shall, by resolution adopted by
a two-thirds vote of the members, determine whether to incur the
bonded indebtedness.
The resolution shall state the amount of the proposed debt, the
purposes for which it is to be incurred, and the estimated cost of
accomplishing the purposes. The determinations made in the resolution
are final and conclusive.

33005. Special benefit assessments for the payment of the principal
of, and interest on, bonds issued for a benefit district shall be
levied in the benefit district at rates which are sufficient in the
aggregate, together with revenues already collected and available
therefor, to pay the principal of, and interest on, all bonds of the
district issued for the benefit district. Other revenues of the
district shall be used for the payment of the principal of, and
interest on, the bonds only to the extent set forth in any agreement
of the district for the benefit of bondholders.
Special benefit assessments in the benefit district and zones, if
any, therein shall be calculated to reflect, as accurately as
possible, the benefit received by the property assessed in the
benefit district or zones, if any, therein as a result of the project
to be financed thereby.

33006. The bonds issued pursuant to this chapter shall bear
interest at a rate or rates not exceeding 12 percent per annum,
payable semiannually, except that the first interest payable on the
bonds or any series thereof may be for any period not to exceed one
year as determined by the board.
In the resolution or resolutions providing for the issuance of
bonds, the board may also provide for call and redemption of the
bonds prior to maturity at times and prices and upon any other terms
that it may specify. However, no bond is subject to call or
redemption prior to maturity unless the bond contains a recital to
that effect. The denomination or denominations of bonds shall be
stated in the resolution providing for their issuance, but shall not
be less than five thousand dollars ($5,000). The principal of, and
interest on, the bonds shall be payable in lawful money of the United
States at the office of the treasurer of the district or at any
other place or places that may be designated by the board, or at
either place or places at the option of the holders of the bonds. The
bonds shall be dated, numbered consecutively, signed by the
president and treasurer, and countersigned by the secretary and shall
have the official seal of the district attached. The interest
coupons of the bonds shall be signed by the treasurer. The seal and
all signatures and countersignatures may be printed, lithographed, or
mechanically reproduced, except that one signature or
countersignature shall be manually affixed.
If an officer, whose signature or countersignature appears on the
bonds or coupons, leaves office for any reason prior to the delivery
of the bonds, the officer's signature is as effective as if the
officer had remained in office.

33007. The bonds issued pursuant to this chapter may be sold as the
board determines by resolution. The board may sell the bonds at a
price below par.
If the board determines by resolution that the bonds shall be sold
by competitive bid, the board, before selling the bonds, or any part
thereof, shall give notice inviting sealed bids in the manner that
it prescribes. If satisfactory bids are received, the bonds offered
shall be awarded to the highest responsible bidder. If no bids are
received, or if the board determines that the bids received are not
satisfactory as to price or responsibility of the bidders, the board
may reject all bids received, if any, and either readvertise or sell
the bonds at private sale or by negotiation, or by other lawful
means.
If the board determines by resolution that the bonds shall not be
sold by competitive bid, the board may sell the bonds at public or
private sale, by negotiation, or by other lawful means.

33008. Delivery of any bonds issued under this chapter may be made
at any place either inside or outside the state, and the purchase
price may be received in cash or bank credits.

33009. All accrued interest and premiums received on the sale of
bonds issued by the district pursuant to this chapter shall be placed
in the fund to be used for the payment of principal of, and interest
on, those bonds. The remainder of the proceeds received on the sale
of the bonds shall be placed in the treasury to secure those bonds or
for the purposes for which the debt was incurred.
When the purposes for which the debt was incurred have been
accomplished, any money remaining shall be either (a) transferred to
the fund to be used for the payment of principal of, and interest on,
the bonds or (b) placed in a fund to be used for the purchase of
those outstanding bonds of the district, from time to time, in the
open market at the prices and in the manner, either at public or
private sale or otherwise, that the board determines. Bonds so
purchased shall be canceled immediately.

33010. The board may provide for the issuance, sale, or exchange of
refunding bonds to redeem or retire any bonds issued by the district
under this chapter upon the terms, at the times, and in the manner
that it determines. Refunding bonds may be issued in a principal
amount sufficient to pay all, or any part, of the principal of the
outstanding bonds issued under this chapter, the interest thereon,
and the premiums, if any, due upon call and redemption thereof prior
to maturity and all expenses of the refunding.
The provisions of this chapter, for the issuance and sale of bonds
apply to the issuance and sale of refunding bonds, except that, when
refunding bonds are to be exchanged for outstanding bonds, the
method of exchange shall be as determined by the board.

33011. Any bonds issued under this chapter are legal investment for
all trust funds; for the funds of insurance companies, commercial
and savings banks, and trust companies; for state school funds; and,
whenever any money or funds may, by any law now or hereafter enacted,
be invested in bonds of cities, counties, school districts, or other
districts within this state, the money or funds may be invested in
the bonds issued under this chapter.
Whenever bonds of cities, counties, school districts, or other
districts within this state may, by any law now or hereafter enacted,
be used as security for the performance of any act or the deposit of
any public money, bonds issued under this chapter may be so used.
The provisions of this chapter are in addition to all other laws
relating to legal investments and are controlling as the latest
expression of the Legislature with respect thereto.

33012. The board may change the purposes for which any proposed
debt is to be incurred, the estimated cost, the amount of bonded debt
to be incurred, or the boundaries of the benefit district or zones,
if any, therein or one or all of those matters, except that the board
shall not change the boundaries to include any territory which will
not, in its judgment, be benefited by the district action.
For all purposes of this chapter, it is conclusively presumed that
any right-of-way of a common carrier will not be benefited by the
district action.

33013. (a) The board shall not change the purposes, the estimated
cost, the boundaries of the benefit district or zones, if any,
therein, or the amount of bonded debt to be incurred until after it
gives notice of its intention to do so, stating each proposed change
in the purpose and stating, if applicable, that the exterior
boundaries proposed to be changed are set forth on a map on file with
the secretary of the district. The notice shall also specify the
time and place set for hearing.
(b) The notice shall be published prior to the time set for the
hearing pursuant to Section 6066 of the Government Code.
(c) The notice shall also be mailed at least 30 days prior to the
hearing to all owners of real property affected by the proposed
change whose names and addresses appear on the last equalized
assessment roll or are otherwise known to the Board of Supervisors of
the County of Los Angeles or to the district.

33014. At the time and place fixed for a hearing on changes, or at
any time and place to which the hearing is adjourned, the board shall
proceed with the hearing. At the hearing, interested persons may
appear and present matters material to the changes set forth in the
notice.
At the conclusion of the hearing, the board shall, by resolution,
determine whether to make any or all of the changes set forth in the
notice. The determinations made in the resolution are conclusive and
final.

33015. All decisions and determinations of the board, upon notice
and hearing, are final and conclusive upon all persons entitled to
appeal to the board as to all errors, informalities, and
irregularities which the board might have avoided or remedied during
the progress of the proceedings or which it can, at that time,
remedy.
Any objection, appeal, or protest not made at the time of any
hearing is deemed to be waived voluntarily by any person who might
have made the appeal, protest, or objection, and the person is deemed
to have consented to the action taken following the hearing and any
other matter on which objection, protest, or appeal could have been
made.

33016. Any action or proceeding, other than a petition for election
pursuant to Section 33002.2, which contests, questions, or denies
the validity or legality of the formation of any benefit district or
zone, the issuance of any bonds therefor pursuant to this chapter, or
any proceedings relating thereto, shall be commenced within six
months from the date of the formation; otherwise, the formation of
the benefit district or zone, the issuance of the bonds, and all
proceedings relating thereto shall be held to be in every respect
valid, legal, and incontestable.

33017. When the board has imposed a special benefit assessment, the
secretary shall so certify to the assessor of the county in which
the territory of any benefit district is located and deliver to the
assessor copies of all maps and diagrams of the benefit district and
zones, if any, therein, indicating the amount of the special benefit
assessment to be levied within the benefit district and zones, if
any, therein.
Special benefit assessments authorized by this chapter shall be
levied and collected by the county at the same time and in the same
manner as taxes are levied and collected. The county may deduct its
reasonable expenses of collection and shall transmit the balance of
the assessments to the district.

33019. In the event of conflict with any other law, the provisions
of this chapter shall prevail with respect to benefit districts
within the district.

33020. Notwithstanding any other provision of this chapter, the
district shall not pledge any portion of its general fund revenues to
pay any part of any bonded indebtedness incurred under this chapter
unless required by provisions of the California Constitution.

33021. Notwithstanding Section 5097 of the Revenue and Taxation
Code, any petition or claim for refund seeking an exclusion of real
property or the reduction of an assessment on any grounds for the
2004-05 fiscal year or in any subsequent fiscal year pursuant to this
chapter shall be filed within two years after the making of the
payment sought to be refunded.