SECTIONS 40600-40617 - California Statutes

PUBLIC UTILITIES CODE

SECTION 40600-40617

40600. The district may be consolidated with the Southern
California Rapid Transit District organized and operating pursuant to
Part 3 (commencing with Section 30000) of this division, in the
manner provided in this chapter.

40601. Whenever the board finds and determines that:
(a) The Southern California Rapid Transit District is willing to
annex the territory comprising the district;
(b) The annexing district has adequate facilities for and is able
to supply transit service to the district in a manner equal to or
superior to that presently rendered by the district;
(c) Annexation will not result in assumption of financial
obligations by the taxpayers of the district disproportionate to the
services which they will receive; the board shall thereafter
negotiate an agreement with the annexing district specifying the
terms and conditions of annexation and such other matters as are
necessary and incidental thereto.

40602. The board shall thereafter, by resolution setting forth the
terms and conditions of the proposed contract at length, declare its
intention to cause the agreement to be approved and effect
consolidation of the district with the Southern California Rapid
Transit District.

40603. The resolution, together with a notice fixing the time and
place for hearing thereon, shall be published once in a newspaper of
general circulation published in the district. The time fixed for
hearing shall not be less than 30 nor more than 60 days from the date
of publication of such notice.

40604. At the hearing any interested person may file with the board
written objections to the approval of the terms and conditions of
the proposed contract or the consolidation, or both the proposed
contract and the consolidation.

40605. Upon the hearing, the board shall determine whether or not
the terms and conditions of the contract will be approved and the
consolidation effected, and shall hear and determine all objections
thereto.

40606. Any hearing on the agreement and consolidation may be
adjourned from time to time by the board, not exceeding 30 days in
all, without further notice other than an order entered upon the
minutes of the meeting fixing the time and place of adjournment.

40607. If no protests are filed, or if the protests filed are
overruled and denied by the board, the board shall thereupon by
resolution finally approve the terms and conditions of the agreement
and proceed with the consolidation.

40608. At any time after the board of directors of the district has
finally approved the agreement the Board of Supervisors of Orange
County shall cause an election to be held in the district to
determine whether the Orange County Transit District will be
consolidated with the Southern California Rapid Transit District upon
the terms and conditions stated in the agreement.

40609. Notice of election shall be published once a week for two
successive weeks (two publications) in a newspaper of general
circulation published within the district, and shall either state
that a copy of the consolidation agreement is on file in the office
of the Clerk of Orange County, and open to the inspection of all
persons interested, or set forth the terms and conditions of the
consolidation agreement at length, in the discretion of the board of
supervisors calling the election.

40610. The ballots for the election shall contain substantially the
instructions required to be printed on ballots for use at general
state and county elections and in addition shall set forth the
proposition of consolidation substantially as follows:

------------------------------------+--------+----
Shall the Orange County Transit | |
District be | |
| |
consolidated with the Southern | YES |
California | |
| |
Rapid Transit District in | |
accordance with and | |
------------------------------------+--------+----
subject to all terms and conditions | |
of a | |
| |
consolidation agreement dated | |
____now | NO |
| |
on file in the office of the Clerk | |
of Orange | |
| |
County? | |
------------------------------------+--------+----

40611. If upon a canvass of the election it is found that a
majority of all votes cast on the proposition at the election were
cast in favor of the consolidation, the proposition and all of the
terms and conditions of the consolidation agreement shall be deemed
carried and approved by the voters.

40612. If the proposition fails to carry, the result shall be
entered upon the minutes of the Board of Supervisors of Orange
County.

40613. If the proposition receives the vote of the requisite
majority of voters, the Board of Supervisors of Orange County shall
enter in its minutes an order declaring the result of the election
and shall thereupon cause the consolidation agreement to be executed
by its duly authorized officers.

40614. Upon receipt by the Southern California Rapid Transit
District of a copy of the consolidation agreement properly executed
by the district and Orange Conty the board of directors of the
Southern California Rapid Transit District shall pass a resolution
declaring the Orange County Transit District consolidated with the
Southern California Rapid Transit District, and shall cause a
certified copy of the resolution to be filed with the Secretary of
State. From and after the date of filing of the resolution with the
Secretary of State the consolidation of the Orange County Transit
District with the Southern California Rapid Transid District is
complete.

40615. From and after the date of consolidation the board of
directors of the Southern California Rapid Transit District shall
levy upon all of the property in the former Orange County Transit
District such taxes, tolls, or charges as are necessary to provide
funds for the payment of the indebtedness assumed by the former
district or otherwise necessary to comply with the terms and
conditions of the consolidation agreement, all in addition to the
general district taxes authorized elsewhere in Part 3 (commencing
with Section 30000) of this division to be levied and collected.

40616. The validity of any consolidating proceedings shall not be
contested in any action unless the action is brought within three (3)
months after the completion of the proceedings.

40617. Upon the completion of such consolidation procedure, the
Orange County Transit District shall be deemed to be dissolved.
Thereafter, all property and assets of the district which are not
subject to the negotiated contract pertaining to consolidation shall
be distributed to the County of Orange.