Terms Used In California Codes > Public Utilities Code > Division 10 > Part 16 - SONOMA-MARIN AREA RAIL TRANSIT DISTRICT

• Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Agency: means the Monterey-Salinas Transit Joint Powers Agency, a joint exercise of powers agency. See California Public Utilities Code 106001
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Arrest: Taking physical custody of a person by lawful authority.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Awarding body: means a department, board, agency, authority, or officer, agent, or other authorized representative of the public entity awarding a contract for goods or services. See California Public Contract Code 2202
• Awarding department: means any state agency, department, governmental entity, including the California State University, or officer or entity empowered by law to enter into contracts on behalf of the State of California. See California Public Contract Code 2051
• Balanced budget: A budget in which receipts equal outlays.
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• board: means the Board of Directors of the Monterey-Salinas Transit District. See California Public Utilities Code 106001
• by divisions: as used in this article , means election of the directors by voters of the division alone. See California Water Code 30730
• City: includes city and county and "incorporated town" but does not include "unincorporated town" or "village. See California Public Utilities Code 19
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conviction: A judgement of guilt against a criminal defendant.
• County: includes city and county. See California Water Code 14
• County: means Monterey County. See California Public Utilities Code 106001
• County: includes city and county. See California Public Utilities Code 18
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Department: means the Department of Transportation. See California Public Contract Code 2051
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• directors: means the board of directors of the district. See California Public Utilities Code 105003
• disadvantaged business enterprise: means a business concern that is all of the following:

  California Public Contract Code 2051

• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• District: means the Sonoma-Marin Area Rail Transit District. See California Public Utilities Code 105003
• District: means the Monterey-Salinas Transit District created by Section 106010. See California Public Utilities Code 106001
• District: means an agency of the state, formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries. See California Public Contract Code 2051
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Executive session: A portion of the Senate's daily session in which it considers executive business.
• Fiduciary: A trustee, executor, or administrator.
• Financial institution: means the term as used in Section 14 of the Iran Sanctions Act of 1996 (Public Law 104-172. See California Public Contract Code 2202
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. ^{Source: OCC}
• from divisions: as used in this article , means election of directors who are residents of the division from which they are elected by the voters of the entire district. See California Water Code 30730
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Iran: includes the Government of Iran and any agency or instrumentality of Iran. See California Public Contract Code 2202
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local agency: means a county or city, whether general law or chartered, city and county, school district, or other district. See California Public Contract Code 2051
• month: means a calendar month, unless otherwise expressed. See California Civil Code 14
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Participating state or local agency: means any state or local agency that elects to participate in the certification process pursuant to this chapter. See California Public Contract Code 2051
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any person, firm, association, organization, partnership, business trust, corporation, limited liability company, or company. See California Water Code 19
• Person: means any of the following:

  California Public Contract Code 2202

• Personal property: All property that is not real property.
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Prime contractor: shall mean the contractor who contracts directly with the awarding authority. See California Public Contract Code 4113
• Probate: Proving a will
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• property: includes property real and personal. See California Civil Code 14
• Public agency: includes the state, and any county, city and county, city, district, or other political subdivision or public entity of, or organized under the laws of, this state, or any department, instrumentality, or agency thereof. See California Public Utilities Code 105003
• Public entity: as used in this part , means the state, county, city, city and county, district, public authority, public agency, municipal corporation, or any other political subdivision or public corporation in the state. See California Public Contract Code 1100
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Public works contract: as used in this part , means an agreement for the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. See California Public Contract Code 1101
• Rail transit: means the transportation of passengers and their incidental baggage by rail and provision of freight service by rail. See California Public Utilities Code 105003
• rail transit facilities: means any or all real and personal property, equipment, rights, or interests owned or to be acquired by the district for rail transit service purposes, including ancillary bicycle and pedestrian pathways that provide connections between and access to station sites. See California Public Utilities Code 105003
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Responsible bidder: as used in this part , means a bidder who has demonstrated the attribute of trustworthiness, as well as quality, fitness, capacity, and experience to satisfactorily perform the public works contract. See California Public Contract Code 1103
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• State: means the State of California, unless applied to the different parts of the United States. See California Water Code 18
• State agency: means any department, division, board, bureau, commission, or agency of the executive branch of government. See California Public Contract Code 2051
• Statute: A law passed by a legislature.
• subcontractor: shall mean a contractor, within the meaning of the provisions of Chapter 9 (commencing with Section 7000) of Division 3 of . See California Public Contract Code 4113
• Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Public Utilities Code 10
• Summons: Another word for subpoena used by the criminal justice system.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Trustee: A person or institution holding and administering property in trust.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• war: shall mean : (a) whenever Congress has declared war and peace has not been formally restored. See California Military and Veterans Code 18
• will: includes codicil. See California Civil Code 14
• Women business enterprise: means a business concern that meets all of the following criteria:

  California Public Contract Code 2051