Chapter 5. Powers Of The District of California Public Utilities Code >> Division 10. >> Part 18. >> Chapter 5.

The district shall have the power to own, operate, manage, and maintain a public transit system and associated facilities, and, in the exercise of the power under this part, the district is authorized in its own name to do all of the following:
  (a) Adopt a seal and alter it at its pleasure.
  (b) Enact ordinances, resolutions, policies, and guidelines.
  (c) Employ agents and employees and contract for professional services.
  (d) Make and enter into contracts and enter into stipulations of any nature whatsoever and do all acts necessary and convenient for the full exercise of the powers granted in this part for the operation of the district and transit services and facilities.
  (e) Acquire, convey, construct, manage, maintain, and operate buildings and improvements, equipment, and assets of the district.
  (f) Acquire, convey, and dispose of real and personal property, easements, and licenses.
  (g) Adopt a conflict-of-interest code.
  (h) Lease and sublease real and personal property, equipment, and facilities.
  (i) Create and administer funds and the distribution of those funds.
  (j) Create and enact taxes, fees, fares, and penalties, as permitted by law.
  (k) Advocate on behalf of the district.
  (l) Develop and pursue ballot measures.
  (m) Enforce criminally or civilly, as applicable, any and all ordinances, resolutions, and policies as permitted by law.
  (n) Create standing and ad hoc committees, as deemed necessary.
  (o) Incur and encumber debts, obligations, and liabilities, including, but not limited to, bonds, notes, warrants, and other forms of indebtedness. However, the debts, obligations, and liabilities incurred by the district shall not be, nor shall they be deemed to be, debts, encumbrances, obligations, or liabilities of any member.
  (p) Invest money in the district treasury that is not needed for immediate necessities, as the board determines advisable, in the same manner and upon the same conditions as other local entities in accordance with Section 53601 of the Government Code.
  (q) Pursue collection of obligations owed to the district.
  (r) Sue and be sued, except as otherwise provided by law, in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
  (s) Exercise the right and power of eminent domain to take any property necessary or convenient to the exercise of the powers granted in this part.
  (t) Subject to applicable law, provide transportation services or facilities outside the district's jurisdictional boundaries provided a finding is made by the board that those services or facilities benefit the citizens or users of the transportation service or facilities.
  (u) Do and undertake any and all other acts reasonable and necessary to carry out the purposes of this part.

(a) The district shall provide, operate, manage, and maintain a public transportation service serving and connecting the territories of the members. Within the district's capabilities, as determined by the board, service may also be provided to points outside the territories of the members, with the prior approval of the nonmember city having jurisdiction of the territory to be served. Within the district's capabilities, expanded transportation services, routes, and facilities may also be provided. If the district proposes to provide expanded services that would serve the area of interest surrounding a nonmember city, as defined by the Ventura County Local Agency Formation Commission, the district shall provide at least 90 days' prior written notice to that city of the proposed service and thereafter shall make a reasonable effort to meet and confer with officials from that city regarding the proposed service before commencement of the service.
  (b) (1) The district shall provide a standardized system of fares and a uniform system of transfers. Except as otherwise provided in paragraph (2), changes in fares and changes in routes shall be made only following a public hearing on the proposed change, with detailed notice made to the governing bodies of the members and the public at least 30 days prior to the proposed public hearing.
  (2) Implementation of minor changes in routes and times may be made without notice and hearing by the board. Those minor changes may be implemented by the general manager without notice and hearing under guidelines established by the board, if the district has the equipment to make the minor changes without reduction of its existing services elsewhere and the changes do not result in additional costs to the district or the members. The term "minor change" means less than 20 percent of the miles or hours of a route.
  (c) In the performance of its operations, the district shall seek out and make maximum use of all available programs of assistance, may apply for and receive public and private grants that promote the operation of the district, and shall establish and maintain close liaison with federal, state, and regional agencies.
  (d) The district may either operate the transit system itself or a part thereof or it may contract with any other public or private agency or corporation to operate all or part of the transit system for the district or it may contract with any public or private agency or corporation for the improvement in transit services, facilities, equipment, or operations being operated and conducted by that agency or corporation in, or out of, the district, as permitted by law.

(a) In the performance of its operations, the district shall do all of the following:
  (1) Keep and maintain records and books of accounts in accordance with the uniform system of accounts and records adopted by the Controller pursuant to Section 99243 of the Public Utilities Code.
  (2) Provide for and submit to an annual independent audit of its total operations. A copy of each audit report shall be filed with the finance officer of each of the member agencies not later than 120 days following the close of each fiscal year.
  (3) Consider and, following a public hearing, adopt an annual operating and capital expenditure budget and a five-year capital expenditure program, in compliance with the requirements of local, state, and federal laws.
  (4) Provide for insurance coverage of liability, operations, and assets.
  (5) Provide for district employee retirement benefits under the program administered by the California Public Employees' Retirement System or other system permitted by law.
  (b) The district fiscal year shall be July 1 through June 30.
  (c) Notice of the time and place of a public hearing on the adoption of the annual budget shall be published pursuant to Section 6061 of the Government Code not less than 15 days prior to the day of the hearing. The proposed annual budget shall be available for public inspection at least 15 days prior to the hearing. Copies of the proposed annual budget and the capital expenditure program shall be submitted to the governing bodies of the member agencies for review and comment at least 30 days prior to the date scheduled for public hearing and final adoption.

(a) The district may, with the concurrence of a majority of the board, cause to be submitted to voters of the district a ballot measure for the imposition of taxes.
  (b) If approved as required by law, the district may impose and administer fees and other funding sources secured for transportation system operation, maintenance, and improvement.
  (c) The board may set fares for public transit service by resolution.
  (d) As an alternative procedure for the raising of funds, the district may issue bonds, payable from revenues of any facility or enterprise to be acquired or constructed by the district, in the manner provided by the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code), all of the provisions of which are applicable to the district.
  (e) The district is a local agency within the meaning of the Revenue Bond Law of 1941 (Chapter 6 (commencing with Section 54300) of Part 1 of Division 2 of Title 5 of the Government Code). The term "enterprise" as used in the Revenue Bond Law of 1941 shall, for all purposes of this part, include transit facilities and any and all parts thereof and all additions, extensions, and improvements thereto and all other facilities authorized acquired, constructed, or completed by the district. The district may issue revenue bonds under the Revenue Bond Law of 1941, for any one or more facilities or enterprises authorized to be acquired, constructed, or completed by the district, or, in the alternative, may issue revenue bonds under the Revenue Bond Law of 1941, for the acquisition, construction, and completion of any one of those facilities. Nothing in this part shall prevent the district from availing itself of, or making use of, any procedure provided in this part for the issuance of bonds of any type or character for any of the facilities or works authorized under this part, and all proceedings may be carried out simultaneously or, in the alternative, as the directors may determine.
  (f) The district may advocate on and act on behalf of all members with their concurrence to further the district's transit interests, funding, projects, and priorities.
  (g) The district may promulgate a plan for funding transit projects or operations within its jurisdiction or as permitted in subdivision (t) of Section 107015.

In the performance of its operations, the district shall comply with Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and all requirements imposed by the Federal Transit Administration. The district's operations shall be performed in accordance with Title VI of that act to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under the district's operations.

(a) The district may hire an independent staff of its own or contract with any department or agency of the United States or with any public or private entity to implement this part.
  (b) The district may contract with public or private entities in conformance with applicable procurement procedures for the procurement of engineering, project management, and contract management services.
  (c) The board shall fix the compensation of the district's officers and employees.
  (d) The district may employ employees and agents as the board may deem necessary to carry out its powers and duties, including, but not limited to, a general manager and legal counsel. The general manager and legal counsel shall be selected by, and shall serve at the pleasure of, and upon the terms prescribed by, the board.

The general manager, and every officer or person under the direction of the general manager who handles, has access to, or has charge of any property of the district, shall provide and file with the general manager an official fidelity bond or insurance policy assuring to the district that person's performance. The board shall determine and establish the penal sum of each official bond. Premiums charged for each bond required shall be paid by the district.

The members, whether individually or collectively, shall not be liable for any act or omission of the district, including, but not limited to, any of the following:
  (a) Performing any and all things necessary to carry out the purposes of this part.
  (b) Any act of the district, or for any act of the district's agents or employees.
  (c) The payment of wages, benefits, or other compensation to officers, agents, or employees of the district.
  (d) The payment of workers' compensation or indemnity to agents or employees of the district for injury, illness, or death.