Article 5. Transit Facilities And Service of California Public Utilities Code >> Division 10. >> Part 8. >> Chapter 6. >> Article 5.
The district may acquire, construct, own, operate, control
or use rights-of-way, rail lines, buslines, stations, platforms,
switches, yards, terminals, and any and all such 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 (commencing with Section
670), Chapter 3, Division 1 of the Streets and Highways Code.
The negotiated purchase price of any existing facilities
which are acquired by the district shall not exceed the fair market
value of the tangible real and personal property which is acquired.
The 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 cooperation with
and accept cooperation from the federal government, state, 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 such transit facilities.
The district may plan for, establish, construct, finance and
operate rapid transit facilities and service within or without the
district's boundaries, including making whatever contracts are
necessary for the accomplishment of this purpose.
The 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 not
use any street or public highway in a manner to unnecessarily impair
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; 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.
The rates and charges for service furnished pursuant to this
act shall be fixed by the board and shall be reasonable.
The board of supervisors 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.
Upon the filing of a request for hearing as provided in
Section 90487 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.
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
Within 30 days after submission of the case, the board shall
render its decision and its decision shall be final.