Section 30775.1 Of Article 5. San Francisco-oakland Rapid Transit Tube From California Streets And Highways Code >> Division 17. >> Chapter 2. >> Article 5.
30775.1
. On and after the date revenues are made available to the
district under Article 2 (commencing with Section 29140) of Chapter 7
of Part 2 of Division 10 of the Public Utilities Code and
notwithstanding any agreement between the district and the department
to the contrary, the district shall have sole control and
responsibility over all matters relating to the rapid transit tube,
including construction. On and after the imposition of such
transactions and use tax, the department shall have no authority or
responsibility relative to the tube, including actions taken or
disbursements made by the district relative thereto whether made
heretofore or hereafter. Upon completion and acceptance by the
district of all or any portion of the tube, and notwithstanding any
existing agreement between the district and the department, title to
any such portion shall immediately vest in the district, and the
state shall have no further obligation or responsibility therefor
except its obligations to aid in the financing of the rapid transit
tube as provided in this article. Funds to be provided to the
district hereunder shall be furnished to the district by the
department in accordance with schedules furnished by the district to
the department from time to time showing the amounts reasonably
required by the district from time to time to meet its accruing
obligations for costs of the rapid transit tube and approaches. Such
schedules shall be furnished monthly or at such other intervals as
the district and the department may agree upon.
The department is authorized to retain in a fund established for
such purpose money to cover contingent liabilities including claims
arising out of the construction contracts. The district may deposit
in such fund moneys derived from Article 2 (commencing with Section
29140) of Chapter 7 of Part 2 of Division 10 of the Public Utilities
Code or other moneys or credits available to the district. The
amounts to be retained in such fund and disbursements from such fund
shall be at the direction of the department. The department, however,
shall not retain a greater amount than is necessary to cover
anticipated claims by the contractor or moneys necessary to meet
estimated contingent liabilities. In determining the amount of claims
and contingencies, the department shall, to the greatest extent
possible, base such amounts upon evaluation of the amount of claims
and contingent items prepared by the district.
The department shall to the extent practicable invest moneys in
such fund in bonds and obligations eligible for investment of surplus
state money. All moneys placed in such fund by the district which
are not derived from revenues of the San Francisco-Oakland Bay Bridge
Toll Revenue Fund shall be invested separately and any interest
thereon shall be credited to the district. The department shall
return to the district any such moneys not necessary to cover claims
or contingencies.