DIVISION 8. HARBOR AND PORT DISTRICTS [5800. - 7340.]
Division 8 enacted by Stats. 1937, Ch. 368.
§§ 5800–7340 · 512 sections
PART 2. HARBOR IMPROVEMENT DISTRICTS §§ 5800–5956 · 84 sections
General Provisions §§ 5800–5802 · 3 sections
- § 5800 “Harbor,” as used in this part, includes any bay, harbor, inlet or other arm of the sea in which the tides of the Pacific Ocean ebb and flow, or any navigable…
- § 5801 “Harbor commission,” as used in this part, includes any commission, board or officer in which the improvement, development, protection, maintenance, management…
- § 5802 “District,” as used in this part, refers to a district formed pursuant to this part.
CHAPTER 1. Formation §§ 5820–5874 · 34 sections
ARTICLE 1. Petition and Hearing §§ 5820–5825 · 6 sections
- § 5820 Any portion of a county in this state, the exterior boundaries of which include a bay, harbor, inlet, or navigable water of the Pacific Ocean, may be formed…
- § 5821 Whenever fifty or more persons in any county of this State, the exterior boundaries of which include a harbor, desire to form a district within the county for…
- § 5822 The petition shall show: (a) The name of the proposed district. (b) The official name or name by which the harbor is commonly known. (c) Whether the…
- § 5823 The petition shall contain a request that the territory included within the boundaries be formed into a harbor district for the purpose of the improvement or…
- § 5824 Each signer of the petition shall be a registered voter, resident, and freeholder within the proposed district.
- § 5825 The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation printed in the county, together with a…
ARTICLE 2. Hearing §§ 5830–5841 · 12 sections
- § 5830 At the time and place specified in the notice the board of supervisors shall consider the petition and may continue the hearing from time to time not exceeding…
- § 5831 A certificate issued by the assessor of the county and filed in the proceedings, which states that the name of any signer of the petition appears upon the last…
- § 5832 At the hearing, the board of supervisors may change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which…
- § 5833 The board of supervisors may also change the exterior boundaries of the proposed district, as set forth in the petition by adding to the proposed district…
- § 5834 Land may not be added to the proposed district until notice is served upon the owner of the lands proposed to be added. The notice may be personally served…
- § 5835 The board of supervisors shall investigate and determine: (a) If the improvement or development work generally described in the petition is feasible. (b) If,…
- § 5836 If it appears, and the board of supervisors finds that it is necessary, in order to make a sufficient and adequate examination, to continue the hearing beyond…
- § 5837 If the improvement, development, protection, maintenance, management or control of a harbor or any part thereof, proposed to be imporved or developed, is…
- § 5838 Neither the board of supervisors or the harbor commission, if one exists, is bound by the improvement or development work described in the petition, or by the…
- § 5839 Upon final hearing, the board of supervisors shall have a finding of facts entered upon the minutes of the meeting if it appears that: (a) The petition and…
- § 5840 The finding of facts required to be made by the board of supervisors shall set forth: (a) The name of the proposed district, as set forth in the petition. (b)…
- § 5841 The findings are conclusive evidence of the existence of every fact found by the board of supervisors and of the due signing and publication of the petition…
ARTICLE 3. Election for Formation and Issuance of Bonds §§ 5859–5874 · 16 sections
- § 5859 The board of supervisors shall make and have entered in the minutes an order finally determining the exterior boundaries of the district, the improvement or…
- § 5860 The board shall pass a resolution calling an election for the purpose of submitting to the qualified voters the proposition of the formation of the district…
- § 5861 This resolution of the board of supervisors shall: (a) Fix the date of the election which shall be not less than 130 days after the date of the passage of the…
- § 5862 The resolution shall also prescribe the manner of voting for or against the incurring of the indebtedness and for or against the formation of the district, and…
- § 5863 The resolution shall invite the qualified voters residing in the proposed district to vote upon the proposition by marking on the ballot opposite the…
- § 5864 The ballot to be used at the election shall be substantially in the following form: HARBOR DISTRICT OFFICIAL BALLOT Instructions to voters: To vote in favor of…
- § 5865 The resolution calling the election shall be published pursuant to Section 6061 of the Government Code. The passage of the resolution and its publication…
- § 5866 On the day of the election the polls at each of the polling places designated by the board of supervisors shall be opened at the hour of seven o’clock a.m. and…
- § 5867 When the polls are closed, the board of election in each precinct shall close the polls in accordance with the election laws of the state governing general…
- § 5868 The board of supervisors at its first regular meeting after the date of the election shall canvass the returns of the election, and shall have entered upon the…
- § 5869 If from the canvass it appears and the board of supervisors finds that a majority of the votes were not cast for the proposed district and the incurring of…
- § 5870 If it appears and the board of supervisors finds that more than a majority of the votes cast at the election were cast for the district and the incurring of…
- § 5871 The clerk of the board of supervisors shall thereupon immediately make up and certify a copy of these minutes and order and transmit them to the Secretary of…
- § 5872 The Secretary of State shall file the certificate in his or her office, and within five days thereafter shall execute under the great seal of the State, and…
- § 5873 The clerk of the board of supervisors shall file the certificate in his or her office and upon the filing of the certificate of the Secretary of State in the…
- § 5874 An action or proceeding shall not be maintained or prosecuted in any court whatever to test or to invalidate the formation of the district or the authorized…
CHAPTER 2. Bonds §§ 5880–5893 · 9 sections
ARTICLE 1. Issuance and Sale §§ 5880–5884 · 5 sections
- § 5880 The board of supervisors shall pass a resolution providing for the issuance and sale of bonds to represent the principal of the indebtedness authorized to pay…
- § 5881 All bonds issued under this part shall be payable substantially in the following manner: A part to be determined by the board of supervisors, which shall be…
- § 5882 The board of supervisors of the county may determine the denomination of the bonds, except that no one bond shall be of a denomination less than one hundred…
- § 5883 The bonds shall be signed by the chairman of the board of supervisors, and the treasurer, and countersigned by the auditor of the county. The coupons upon the…
- § 5884 Bonds may be issued and sold by the board of supervisors of the county for not less than their par value and accrued interest at the date of delivery, and the…
ARTICLE 2. Payment of Bonds, Taxation §§ 5890–5893 · 4 sections
- § 5890 Bonds issued are obligations of the district and the board of supervisors of the county shall, at the time of fixing the general tax levy and in the manner…
- § 5891 The taxes shall: (a) Be levied upon all of the property within the district taxable for county purposes. (b) Be in addition to all other taxes levied for…
- § 5892 The board of supervisors may at the same time and in the same manner levy upon all of the property in the district a tax sufficient to pay the ordinary annual…
- § 5893 In no event shall the district levy a tax in excess of twenty cents ($0. 20) for each one hundred dollars ($100) of assessed valuation within the district.
CHAPTER 3. Management and Control §§ 5900–5904 · 16 sections
- § 5900 Whenever any district is formed pursuant to this part and its control is vested in the board of supervisors of the county in which the district is situated,…
- § 5900.1 The board may sue and be sued in the name of the district.
- § 5900.2 The board may adopt a seal and alter it at pleasure.
- § 5900.3 The board may take by grant, purchase, gift, devise, lease and dispose of real and personal property of every kind within or without the district necessary to…
- § 5900.4 The board may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers conferred by this part.
- § 5900.5 The board may borrow money and incur indebtedness and issue bonds or other evidence of the indebtedness in the manner, and to the extent, deemed necessary by…
- § 5900.6 When any improvement or development work done under the authority of the board is completed, the maintenance, management, and control of the work done, and of…
- § 5900.7 If any portion of the harbor is situated within the boundaries of any incorporated city, the board of supervisors may enter into arrangements or contracts with…
- § 5900.8 The board shall exercise general supervision over the harbor and may adopt general rules and regulations for the government thereof, which in its judgment will…
- § 5900.9 The board may provide by ordinance for the regulation of anchorages, wharfages and dockage of vessels within the harbor and it may establish and collect fees…
- § 5900.10 Every person who violates the provisions of any ordinance enacted by the board of supervisors pursuant to this part, is guilty of a misdemeanor.
- § 5900.11 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 5901 The governing body of a city within which a portion of the harbor is situated may establish by ordinance any regulations which are proper in the exercise of…
- § 5902 The board of supervisors may by ordinance provide for the appointment of a harbor commission consisting of seven persons, and shall by ordinance define its…
- § 5903 If the purposes for which the bonds were voted are being or shall be carried out by cooperation or agreement between the United States of America or any…
- § 5904 (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related…
CHAPTER 3.5. Claims § 5905 · 1 section
- § 5905 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 4. Improvement of Other Harbor or Harbors Within the District §§ 5910–5915 · 6 sections
- § 5910 Any harbor improvement district organized and existing pursuant to Part 2 (commencing with Section 5800) of Division 8 may improve, develop, protect, and…
- § 5911 The board of supervisors of any county in which the district is situated may direct the harbor commission, appointed pursuant to Section 5902 of this part, to…
- § 5912 Upon receiving the report and recommendation of the harbor commission, the board shall fix a date for hearing on the report to consider and determine the…
- § 5913 The hearing, investigation, determination and findings of the board of supervisors shall be conducted and made in accordance with the provisions of Sections…
- § 5914 Upon final hearing, if the board finds that the harbor or harbors can be improved, developed and protected as generally described in the report and…
- § 5915 For the purpose of financing the improvement, development, protection and maintenance of such additional harbor or harbors, the board may issue bonds, borrow…
CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches §§ 5940–5945 · 6 sections
- § 5940 Any harbor improvement district organized and existing pursuant to this part may purchase, lease or obtain by gift lands for public beaches located within the…
- § 5941 The board of supervisors of any county in which a district is situated may direct the harbor commission, appointed pursuant to Section 5902, to prepare surveys…
- § 5942 Upon receiving the report and recommendation of the harbor commission, the board shall fix a date for hearing on the report to consider and determine the…
- § 5943 The hearing, investigation, determination and findings of the board of supervisors shall be conducted and made in accordance with the provisions of Sections…
- § 5944 Upon final hearing, if the board finds that the lands considered in the commission’s report can be acquired, improved or maintained as generally described in…
- § 5945 For the purpose of financing the acquisition, improvement or maintenance of such lands as is authorized herein, the board may issue bonds, borrow money, incur…
CHAPTER 6. Inland Parks and Recreation Areas §§ 5950–5956 · 9 sections
- § 5950 The board of supervisors may manage the business of the district and promote the commercial interest of the harbor by advertisement of its advantages and by…
- § 5950.1 The term “inland parks and recreation areas,” as used in this chapter, includes, but is not limited to, open-space land, as defined by subdivision (h) of…
- § 5950.5 The board of supervisors of any harbor improvement district organized and existing pursuant to Part 2 (commencing with Section 5800) may authorize the district…
- § 5951 If the district is authorized to acquire, develop, operate, and maintain inland parks and recreation areas, the board of supervisors shall, by resolution,…
- § 5952 If the district is authorized to acquire, develop, operate, and maintain inland parks and recreation areas, at least 75 percent of its annual expenditures…
- § 5953 For the purpose of determining the annual expenditures required by Section 5952, only such expenditures for land, structures, and improvements as are raised by…
- § 5954 In acquiring, developing, operating, or maintaining inland parks and recreaton areas, the district shall follow and comply with, as nearly as possible, the…
- § 5955 Notwithstanding the provisions of Sections 5940 to 5954, inclusive, the district may acquire, develop, operate, or maintain public beaches or inland parks and…
- § 5956 The district may purchase, collect, trade, exchange, or otherwise acquire exhibition or study material necessary or proper for the use of museums or exhibits…
PART 3. HARBOR DISTRICTS §§ 6000–6110 · 97 sections
General Provisions §§ 6000–6002 · 3 sections
- § 6000 “Harbor,” as used in this part, includes any bay, harbor, inlet, river, channel, slough, or arm of the sea, in which the tides of the Pacific Ocean ebb and…
- § 6001 “Board,” as used in this part, means the commission or board having the management or control of the improvements, development, protection and maintenance of…
- § 6002 “District,” as used in this part, refers to a district formed pursuant to this part.
CHAPTER 1. Formation §§ 6010–6045 · 32 sections
ARTICLE 1. Petition §§ 6010–6014 · 5 sections
- § 6010 A county or portion of a county or city or portion of a city or more than one city with or without a portion of the unincorporated territory of a county, the…
- § 6011 Whenever fifty or more persons in any area which may be formed into a district pursuant to this part, desire the formation of a district for the improvement or…
- § 6012 The petition shall contain: (a) The name of the proposed district. (b) The official name or names by which the harbor is commonly known. (c) The exterior…
- § 6013 Each signer of the petition shall be a registered voter, resident and freeholder within the proposed district.
- § 6014 The petition shall be published for a least two weeks preceding the hearing thereon in a newspaper of general circulation printed in the proposed district, if…
ARTICLE 2. Hearing §§ 6020–6026 · 7 sections
- § 6020 At the time and place specified in the notice, the board of supervisors shall consider the petition and may continue the hearing from time to time, not…
- § 6021 At the hearing, the board of supervisors may change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which…
- § 6022 Land may not be added to or included in the proposed district until notice is served upon the owner of the lands affected. The notice may be served personally…
- § 6023 The board of supervisors shall investigate and determine whether or not the improvement and development work generally described in the petition is feasible…
- § 6024 Upon the completion of the hearing, the board of supervisors shall have a finding of facts entered upon the minutes if it appears that: (a) The petition and…
- § 6025 The findings of fact required to be made by the board of supervisors shall set forth: (a) The name of the proposed district as set forth in the petition. (b)…
- § 6026 The findings are conclusive evidence of the existence of every fact so found by the board of supervisors and of the due signing and publication of the petition…
ARTICLE 3. Election for Formation and for Harbor Commissioners §§ 6030–6045 · 20 sections
- § 6030 The board of supervisors shall have entered in its minutes an order finally determining and establishing the exterior boundaries of the proposed district, and…
- § 6031 The board of supervisors, by resolution, shall fix the date of the election, which shall not be less than 130 days from the date of its passage and it shall…
- § 6032 The board of supervisors for the first election in the proposed district and the board at any subsequent election in the district, shall appoint a board of…
- § 6033 The resolution shall also prescribe the manner of voting for or against the formation of the district, and in all particulars not recited in the resolution or…
- § 6034 The resolution shall invite the qualified voters residing in the district to vote upon the propositions of its formation and the election of a board.
- § 6035 The ballot to be used at the election shall be substantially in the following form: (Name) Harbor District Official Ballot Instructions to voters: to vote in…
- § 6036 The official ballot at the first election in the proposed district shall provide voting squares after the words “For the harbor district” and after the words…
- § 6037 The resolution calling the first election and the resolution of the board calling any subsequent election shall be published pursuant to Section 6066 of the…
- § 6037.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 6037.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
- § 6037.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
- § 6037.4 (a) The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to…
- § 6038 On the day of any election held pursuant to this part, the polls at each of the polling places designated, shall be opened and closed as provided in Section…
- § 6039 When the polls are closed, the board of election in every precinct at the election to be held for the formation of the district, shall close the polls in…
- § 6040 The board of supervisors at its first regular meeting after the date of the election for the formation of the district shall canvass all of the returns of the…
- § 6041 If from the canvass it appears and the board of supervisors finds that a majority of the votes were cast in favor of the formation of the district, it shall…
- § 6042 The clerk of the board of supervisors shall thereupon make up and certify a copy of the minutes and order and transmit them to the Secretary of State.
- § 6043 The Secretary of State shall file the certificate in his office and within five days thereafter execute under the great seal of the State and transmit to the…
- § 6044 The clerk of the board of supervisors shall file the certificate in his or her office and from the filing of the certificate of the Secretary of State in the…
- § 6045 An action or proceeding shall not be thereafter maintained or prosecuted in any court whatever to test or to invalidate the formation of the district unless it…
CHAPTER 2. Harbor Commission §§ 6050–6087 · 43 sections
ARTICLE 1. Election and Terms §§ 6050–6056 · 10 sections
- § 6050 Each district formed pursuant to this part shall be governed by a board of five harbor commissioners, who shall hold office for the term of four years from 12…
- § 6051 The first board shall be elected at the election for the formation of the district, and the two candidates for commissioner receiving the highest number of…
- § 6052 There shall be an election for harbor commissioners within each district on the first Tuesday after the first Monday of November of each even-numbered year.
- § 6053 A candidate for harbor commissioner shall be a registered voter of the proposed or existing district, and shall qualify for election by securing a nomination…
- § 6054 Any qualified voter in the proposed or existing district may sign as many nomination papers as there are commissioners to be elected. At the first and any…
- § 6054.1 If on the 60th day prior to a general district election only one person has been nominated for each of the offices to be filled at that election or no person…
- § 6054.2 If, pursuant to Section 6054.1, no election is held, the board of supervisors of the county in which the district is situated shall appoint those nominated for…
- § 6054.3 Where the office of a commissioner becomes vacant during his term the vacancy shall be filled for the unexpired portion of the term by appointment by the…
- § 6055 The commissioners elected at the first election shall, within 10 days from the date of the canvass of the returns of the election, enter upon the duties of…
- § 6056 Each commissioner upon taking the oath of office, and for each term, shall file with the county elections official of the county in which the district is…
ARTICLE 2. Administrative Provisions §§ 6060–6064 · 5 sections
- § 6060 The commissioners shall serve without salary until the yearly gross income of the district, exclusive of taxes levied by the district, exceeds twenty thousand…
- § 6061 The board shall fix the compensation or salary of all subordinate officers or employees of the district.
- § 6062 The board shall provide for a yearly audit of its books by a certified public accountant or a public accountant and compile a statement of its finances. The…
- § 6063 The board shall hold at least one meeting a month, at such time as is fixed by ordinance of the board. The meeting shall be held within the district and shall…
- § 6064 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
ARTICLE 3. Powers §§ 6070–6087 · 28 sections
- § 6070 Except as otherwise provided in Section 660, the board may pass all necessary ordinances for the regulation of the district, including, but not limited to,…
- § 6070.2 Before any ordinance may be adopted, the violation of which shall be a misdemeanor, a notice shall be published once in a newspaper of general circulation…
- § 6070.4 Every person who violates any of the provisions of a district ordinance adopted pursuant to Sections 6070 and 6070.2 is guilty of a misdemeanor.
- § 6070.6 The district’s manager, harbormaster or wharfinger, or any duly authorized representative of one of these persons, shall have the power to issue citations for…
- § 6071 It may employ engineers, attorneys and any other officers and employees necessary in the work of the district. It shall appoint a treasurer, who shall hold…
- § 6072 It may sue and be sued in the name of the district in all courts and tribunals of competent jurisdiction.
- § 6073 It may adopt a seal.
- § 6074 It may take by grant, purchase, gift, devise, lease or otherwise acquire, hold and enjoy and lease and dispose of real and personal property of every kind,…
- § 6075 Notwithstanding Section 6012: (a) A harbor district may acquire, construct, own, operate, control, or develop any and all harbor works or facilities within the…
- § 6076 It may exercise the right of eminent domain to take any property necessary or convenient to the exercise of its powers.
- § 6077 It may borrow money and incur indebtedness and issue bonds or other evidence of indebtedness. All bond elections called by the board shall be conducted and…
- § 6077.1 Whenever the improvement and development work for which any issue of bonds has been voted has been constructed and the proceeds of the bonds sold have not been…
- § 6077.2 It may provide for, and supervise pilots and the pilotage of sea-going vessels within the harbor and it may regulate and control the anchoring, mooring,…
- § 6077.3 It may perform the functions of warehousemen, stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds.
- § 6077.4 It may manage the business of the district and promote the maritime and commercial interest by proper advertisement of its advantages and by the solicitation…
- § 6077.5 A harbor district may acquire, purchase, takeover, construct, maintain, operate, develop, and regulate grain elevators, bunkering facilities, belt or other…
- § 6077.5.5 Notwithstanding any other provision of this part, the Oxnard Harbor District may acquire, purchase, take over, construct, maintain, operate, develop, and…
- § 6077.6 A harbor district may by resolution order that all or any of the funds under its control and not necessary for current operating expenses be invested in…
- § 6078 The board may do all other acts necessary and convenient for the full exercise of its powers.
- § 6079 The board shall by ordinance fix the rate of wharfage charges and other charges which are appropriate for the use of any of the facilities owned and…
- § 6081 By resolution, the board may provide for the creation and accumulation of a fund for capital outlays.
- § 6082 At any time after the creation of the fund, the board may transfer to the capital outlay fund any unencumbered surplus funds raised for any purpose whatever,…
- § 6083 The capital outlay fund shall remain inviolate for the making of any capital outlays and the money shall not be disbursed from the fund except for such a…
- § 6084 (a) Notwithstanding any other provision of this part, the board may borrow money by issuance of promissory notes, or execute conditional sales contracts to…
- § 6084.2 (a) A district may issue limited obligation notes after the adoption, by a four-fifths vote of all the commissioners of the board, of a resolution reciting…
- § 6085 Notwithstanding any other provision in this part, the Crescent City Harbor District may borrow money and incur indebtedness under Section 6077 or under Section…
- § 6086 Notwithstanding any other provision of this part, the Port San Luis Harbor District may operate, itself only and not pursuant to a lease agreement with a third…
- § 6087 (a) (1) Notwithstanding the borrowing limit set forth in Section 6084, the Oxnard Harbor District may borrow money by issuance of promissory notes, or execute…
CHAPTER 3. Taxation and Bonds §§ 6090–6094 · 10 sections
- § 6090 All bonds issued pursuant to this part and Chapter 32, Statutes of 1901, page 27, are obligations of the district and so long as the bonds are outstanding and…
- § 6091 The board shall, at least thirty days before the meeting of the board of supervisors at which the general tax levy is fixed, notify the board of supervisors in…
- § 6092 The taxes shall be levied upon all of the taxable property within the district taxable for county purposes and are in addition to all other taxes levied for…
- § 6092.5 A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government…
- § 6093 On or before June 15 of each year, the district board shall estimate and determine the amount of money required by the harbor district and shall adopt a…
- § 6093.1 On or before June 15 of each year, the board shall publish a notice pursuant to Section 6061 of the Government Code throughout the district stating both of the…
- § 6093.2 At the time and place designated in the published notice for the meeting, any taxpayer may appear and be heard regarding the increase, decrease or omission of…
- § 6093.3 The district board shall report the final budget to the board of supervisors after the budget hearing but not later than the first day of August each year…
- § 6093.4 The board of supervisors shall at the time of levying the county taxes, levy a tax upon all the taxable property within the district sufficient to meet the…
- § 6094 (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related…
CHAPTER 3.5. Claims § 6095 · 1 section
- § 6095 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
CHAPTER 4. Revenue Bonds §§ 6100–6106 · 7 sections
- § 6100 Pursuant to this chapter a district may create a revenue bond indebtedness for the acquisition and construction, or acquisition or construction of any…
- § 6101 The issuance of said bonds shall be authorized by ordinance adopted by two-thirds of all the members of the board, to take effect upon its publication.
- § 6102 The secretary shall publish said ordinance once in a newspaper of general circulation printed in said district, and if there is none, then in such newspaper…
- § 6103 The ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of the bonds, whether other parity…
- § 6104 The proceeds of said bonds shall be placed in an account in the treasury of the district to be entitled ____ Harbor District Revenue Construction Fund No.…
- § 6105 (a) The lien of the bonds of the same issue shall be prior and superior to all revenue bonds subsequently issued. (b) The district shall only issue parity…
- § 6106 Proceedings for the issuance of the bonds shall commence, the board shall have those powers and duties, and the bondholders shall have those rights and…
CHAPTER 5. Annexation § 6110 · 1 section
- § 6110 There may be annexed to a district any of the following territory which is in the same county as the district, or in any other county: a. Any territory…
PART 4. PORT DISTRICTS §§ 6200–6372 · 105 sections
General Provisions §§ 6200–6205 · 6 sections
- § 6200 “District,” as used in this part, refers to any port district formed pursuant to this part.
- § 6201 “Board,” as used in this part, means the board of port commissioners described in Chapter 2 (commencing with Section 6240).
- § 6202 This part does not repeal, modify or otherwise affect the provisions of any other law relating to port or harbor districts, and no other law providing for the…
- § 6203 Any property owned by any city which is used or held for the purpose of aiding or developing navigation, commerce or fishing may be transferred to the district…
- § 6204 If any land under a navigable stream is by virtue of any work or improvement by the United States or the State, freed from the easement of navigation and…
- § 6205 If the district is dissolved, lands which were granted to it by a municipal corporation revert to that municipal corporation.
CHAPTER 1. Formation §§ 6210–6233 · 14 sections
ARTICLE 1. Petition and Hearing §§ 6210–6218 · 10 sections
- § 6210 A district may be organized pursuant to this part. It shall include one municipal corporation and any contiguous unincorporated territory in any one county but…
- § 6211 The formation of a district is initiated by a petition presented at a regular meeting of the board of supervisors of the county in which the proposed district…
- § 6212 The petition shall state the name of the proposed district, and describe the proposed boundaries and it shall pray that the territory included be created a…
- § 6213 Upon presentation, the petition shall be filed with the clerk of the board of supervisors, and upon filing, or at its next regular meeting, the board of…
- § 6214 A notice of the time and place of the hearing of the petition, including a copy of the petition, excepting the names thereon, shall be published at least four…
- § 6215 At the hearing of the petition, the board of supervisors shall hear those appearing in support, and all protests or objections. The hearing may be adjourned…
- § 6215.5 If the board of supervisors finds that protests have been made, prior to its final determination for formation of the district, by the owners of real property…
- § 6216 The board of supervisors may make such changes in the proposed boundaries of the district as are advisable, and it shall define and establish the boundaries.…
- § 6217 The boundaries of any district shall be fixed by the board of supervisors so as not to include more than fifty square miles of unincorporated territory. This…
- § 6218 At the time of making its order fixing the boundaries of the district the board of supervisors shall call an election to determine whether the proposed…
ARTICLE 2. Election on Formation §§ 6230–6233 · 4 sections
- § 6230 An election shall be held within 130 days of the call, to determine whether the district shall be organized. The election shall be conducted in conformity with…
- § 6231 The board of supervisors shall canvass the results of the election and if a majority of those voting have voted “yes” the proposition is carried, and the board…
- § 6232 A certified copy of the certificate filed with the Secretary of State, shall be recorded in the office of the county recorder in the county in which the…
- § 6233 Any informality in procedure or in the conduct of the election shall not invalidate the establishment of the district. Any proceedings in which the validity of…
CHAPTER 2. Board of Port Commissioners §§ 6240–6276 · 25 sections
ARTICLE 1. Administrative Provisions §§ 6240–6255 · 19 sections
- § 6240 The district shall be governed by a board of port commissioners. The board consists of five members. Two of the commissioners shall be appointed by the board…
- § 6240.3 (a) The Stockton Port District shall be governed by a board of port commissioners consisting of seven members who shall have the qualifications prescribed by…
- § 6240.5 The Santa Cruz Port District shall be governed by a board of port commissioners consisting of five members, elected by the district at large, each of whom…
- § 6241 These appointments shall be made within thirty days after the formation of the district.
- § 6241.1 Port districts in Ventura County shall be governed by a board of port commissioners consisting of five members appointed by the mayor of the municipal…
- § 6242 A vacancy on the board shall be filled by the body which appointed the commissioner whose office is vacated, and the new appointee shall hold his office for…
- § 6243 Each commissioner shall, within ten days after his appointment and before entering upon the discharge of the duties of his office, take and subscribe to an…
- § 6244 A person shall not be appointed a member of the board unless he is, at the time of his appointment, a taxpayer within the district and has resided within the…
- § 6245 The term of office of each commissioner is four years from the time of his appointment, except that the chairman first appointed shall hold office for two…
- § 6246 The chairman is the presiding officer of the board and he shall vote on propositions passed upon by the board.
- § 6247 The first meeting of the board shall be held within ten days of the appointment of its chairman. The board may make its own rules of procedure and determine…
- § 6248 The board shall select one of its members vice chairman, who shall preside in the absence of the chairman. The board shall provide for and select such…
- § 6249 The board may prescribe rules and regulations pertaining to the selection of officers and employees of the district, other than the auditor. It shall also fix…
- § 6250 A corporation may be selected as treasurer or the board may provide that the duties of the treasurer shall be performed by the county treasurer of the county…
- § 6251 The commissioners shall serve without salary or compensation.
- § 6252 The auditor of the district shall hold office during the pleasure of the board of election, and it shall fix his salary and require him to file a bond for the…
- § 6253 The mayor of the city within the district, or the chairman of the board of supervisors of the county in which the district is located, may call meetings of the…
- § 6254 The fiscal year of any district shall begin on the first day of July of each year and shall end on the thirtieth day of June in the following year, unless…
- § 6255 The board shall annually file a report of the affairs and financial condition of the district for the preceding year. This report shall show the sources of all…
ARTICLE 2. Jurisdiction and Powers of the Board §§ 6270–6276 · 6 sections
- § 6270 The powers of a district established pursuant to this part shall be exercised by the board, by ordinance or resolution passed by a majority vote of the board.…
- § 6271 A grant of a franchise or lease of property of the district shall not be made for a longer period than 50 years.
- § 6272 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 6273 The district may itself, without letting contracts therefor, do work and make improvements. The work shall be done under the direction of its officers or…
- § 6275 An officer of the district, and any of its employees, shall not be interested, directly or indirectly, in any contract or transaction with the district; or…
- § 6276 (a) In lieu of the benefits afforded pursuant to Division 4 (commencing with Section 3200) and Division 4.7 (commencing with Section 6200) of the Labor Code,…
CHAPTER 3. District Powers §§ 6290–6311 · 27 sections
ARTICLE 1. General §§ 6290–6311 · 27 sections
- § 6290 A district created under this part is a public corporation created for municipal purposes.
- § 6291 It has perpetual succession.
- § 6292 It may sue and be sued.
- § 6293 It may adopt a seal.
- § 6294 It may take by grant, purchase, gift, devise or lease or otherwise acquire and hold and enjoy, and lease or dispose of, real and personal property of every…
- § 6295 A district may acquire, purchase, takeover, construct, maintain, operate, develop, and regulate wharves, docks, warehouses, grain elevators, bunkering…
- § 6296 It may exercise the right of eminent domain to take any property necessary to carry out any of the objects or purposes of the district.
- § 6297 It may incur indebtedness and issue bonds or other evidence of indebtedness for its purposes. If any bonds issued for port improvement purposes by any part of…
- § 6298 It may levy and collect or cause to be levied or collected taxes as in this part provided.
- § 6299 It has exclusive jurisdiction over, and it may provide for and supervise pilots and the pilotage of sea-going vessels from the end of jurisdiction of existing…
- § 6300 It may contribute money to the Federal or the State Government or to the county in which it is located or to any city within the district, for the purpose of…
- § 6301 A district may do any work or make any improvement within or without the territorial limits of the district, which will aid in the development or the…
- § 6302 A district may enact necessary police regulations providing for control of any waterway project of the United States, entering the district, and adopt rules…
- § 6302.5 (a) This section is applicable only within the Santa Cruz Port District. The Legislature finds and declares that this section is necessary to meet a serious…
- § 6303 A district may provide for the opening and laying out of streets leading to the waterfront.
- § 6304 A district may regulate and control the construction, maintenance, and operation or use of all wharves, warehouses, structures, improvements, or appliances…
- § 6304.1 Notwithstanding any other provision of law, any port district which has received, or is receiving, money pursuant to the provisions of Division 1 (commencing…
- § 6305 It may fix, regulate and collect the rates or charges for the use of wharves, warehouses, vessels, railroads and other facilities, structures and appliances…
- § 6306 It may lay out, plan and establish the general plan and system of harbor and harbor district improvements and modify the plan and prescribe the specifications…
- § 6307 It may perform the functions of warehousemen, stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds.
- § 6308 It may manage the business of the district and promote the maritime and commercial interests by proper advertisement of its advantages, and by the solicitation…
- § 6309 Except as otherwise provided in Section 660, the board may adopt all ordinances necessary for the regulation of the district with respect to the parking of…
- § 6309.2 Before any ordinance may be adopted, the ordinance shall be published in its entirety on three separate occasions in a newspaper of general circulation…
- § 6309.4 Every person who violates any of the provisions of a district ordinance adopted pursuant to Sections 6309 and 6309.2 is guilty of an infraction and shall be…
- § 6309.6 The district’s manager, harbormaster or wharfinger, or any duly authorized representative of one of these persons, shall have the power to issue citations for…
- § 6310 Notwithstanding the enumeration and specific statement herein of particular powers, the district may do and perform all acts and things necessary and…
- § 6311 Upon a four-fifths vote of all the members of the board, it may issue negotiable promissory notes bearing interest at a rate of not exceeding 7 percent per…
CHAPTER 4. Bonds §§ 6330–6355 · 24 sections
ARTICLE 1. District Bonds §§ 6330–6331 · 2 sections
- § 6330 A district may create a bonded debt pursuant to Article 1 (commencing with Section 43600) of Chapter 4 of Division 4 of Title 4 of the Government Code. Bonds…
- § 6331 Bonds issued by any district pursuant to this part are legal investments for all trust funds, and for the funds of all insurers, banks, both commercial and…
ARTICLE 2. Revenue Bonds §§ 6340–6346 · 7 sections
- § 6340 Pursuant to this article a district may create a revenue bond indebtedness for the acquisition and construction, or acquisition or construction of any…
- § 6341 The issuance of said bonds shall be authorized by ordinance adopted by two-thirds of all the members of the board, to take effect upon its publication.
- § 6342 The secretary shall publish said ordinance once in a newspaper of general circulation printed in said district, and if there is none, then in such newspaper…
- § 6343 Said ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of said bonds, and in general terms,…
- § 6344 The proceeds of said bonds shall be placed in an account in the treasury of the district to be entitled ____ Port District Revenue Construction Fund No. ____…
- § 6345 The lien of said bonds of the same issue shall be prior and superior to all revenue bonds subsequently issued.
- § 6346 Proceedings for the issuance of said bonds shall be had, the board shall have such powers and duties, and the bondholders shall have such rights and remedies,…
ARTICLE 2.5. Additional Stockton Port District Bonds §§ 6350–6353 · 14 sections
- § 6350 Pursuant to this article, the Stockton Port District may also create an additional bonded debt up to but not in excess of 3 percent of the assessed value of…
- § 6350.1 This bonded indebtedness may be created solely for the purpose of providing funds for the acquisition or construction of revenue-producing harbor improvements…
- § 6350.2 All bonds issued pursuant to this article shall be authorized by ordinance passed by two-thirds of all of the members of the board concurred in by ordinance of…
- § 6350.3 The bonds shall be payable within 30 years from their date and shall mature serially at such times as may be fixed by the board, but the earliest maturity of…
- § 6350.4 The bonds may be issued in such denominations as the board determines, except that no bond shall be of a denomination less than one hundred dollars ($100) nor…
- § 6350.5 If any officer whose signature or countersignature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser,…
- § 6350.6 The form of the bonds shall be prescribed by the board and they shall be signed by the officer or officers that the board designates. The coupons appertaining…
- § 6350.7 The income and revenue derived or to be realized from the harbor improvement acquired or to be acquired from the proceeds of the bonds shall be deposited in a…
- § 6350.8 The special fund shall be applied, secondly, to the creation of a sinking fund, herein designated as “sinking fund,” to provide for the payment of the…
- § 6350.9 Any additional revenues over and above the amounts required to be deposited in the interest fund and the sinking fund, may be deposited in an operation fund,…
- § 6351 Surplus revenues in the operation fund may be deposited either in the interest fund or the sinking fund, but money allocated to the interest fund or the…
- § 6351.5 The board, in and by the ordinance authorizing the issuance of the bonds, shall hypothecate and allocate all of the revenues to be realized from the…
- § 6352 Whenever the revenues of the district are, or in the opinion of the board will be insufficient to provide for the payment in full of the principal or interest…
- § 6353 The Legislature hereby finds and declares that because of the unique, complex problems existing with respect to the Stockton Port District, as a large inland…
ARTICLE 3. County and Municipal Bonds § 6355 · 1 section
- § 6355 Whenever, upon the creation of a district any municipality therein or any county in which the district is located which has theretofore authorized or incurred…
CHAPTER 5. Finances and Taxation §§ 6360–6372 · 9 sections
ARTICLE 1. Levy, Assessment and Collection of Taxes §§ 6360–6365 · 6 sections
- § 6360 On or before June first of each year, the port director shall submit to the board a detailed statement of the money required for the ensuing fiscal year for…
- § 6361 Annually, on or before the date set for the consideration of the budget by the board of supervisors of the county in which the district is located, the board…
- § 6362 The tax shall in no event exceed the rate of ten cents ($0.10) on each one hundred dollars ($100) of the assessed value of all taxable property within the…
- § 6363 From the time of the organization of any district until the next succeeding July first, the district may incur indebtedness for the purpose of operating the…
- § 6364 A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government…
- § 6365 (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related…
ARTICLE 2. Claims and Demands §§ 6370–6372 · 3 sections
- § 6370 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 6371 If there is not sufficient money in any fund to pay the demands made against it, the demand shall be registered in a book kept by the treasurer, showing its…
- § 6372 Wages and salaries shall be paid at such intervals as the board may direct, but at least once each month.
PART 6. RIVER PORT DISTRICTS §§ 6800–6963 · 90 sections
General Provisions §§ 6800–6805 · 6 sections
- § 6800 “District,” as used in this part, means any river port district formed pursuant to this part.
- § 6801 “Board,” as used in this part, means the port commission described in Chapter 2 (commencing with Section 6830).
- § 6802 This part does not repeal, modify, or otherwise affect the provisions of any other law relating to port or harbor districts, and no other law providing for the…
- § 6803 Any property owned by any city which is used or held for the purpose of aiding or developing navigation, commerce, or fishing may be transferred to the…
- § 6804 If any land under a navigable stream, is by virtue of any work or improvement by the United states or the State, freed from the easement of navigation and…
- § 6805 If a district is dissolved, all land granted to it by a municipal corporation, reverts to and is revested in the municipal corporation granting it to the…
CHAPTER 1. Formation §§ 6810–6812 · 3 sections
ARTICLE 1. Petition and Hearing §§ 6810–6812 · 3 sections
- § 6810 A district may be organized pursuant to this part. A district may include any contiguous territory in one or more counties, contiguous to a navigable river or…
- § 6811 Whenever the formation of a district is desired, a petition may be presented at a regular meeting of the board of supervisors of each county in which is…
- § 6812 The provisions of Chapters I and II of Division I of the District Organization Act shall govern and control the proceedings for the filing and hearing of the…
CHAPTER 2. Port Commission §§ 6830–6869 · 24 sections
ARTICLE 1. Administrative Provisions §§ 6830–6844 · 16 sections
- § 6830 The district shall be governed by a port commission, which consists of five members. Two commissioners shall be appointed by the board of supervisors of the…
- § 6830.1 (a) Notwithstanding Section 6830, the Sacramento-Yolo Port Commission shall be composed of five members selected and appointed as follows: (1) Four…
- § 6830.2 The boundaries of the Sacramento-Yolo Port District are hereby established to coincide with the first supervisorial district of the County of Yolo, as of…
- § 6832 (a) The mayor of the municipality in which is located the largest proportion in value of the land within the district, or any chairperson of any of the boards…
- § 6833 Each commissioner shall, within ten days of his appointment and before entering upon the discharge of the duties of his office, take and subscribe to an oath…
- § 6834 A vacancy on the board shall be filled by the body which appointed the member whose office is vacated, and the newly appointed member shall hold his office for…
- § 6835 A person shall not be appointed a member of the board who is not, at the time of his appointment, a taxpayer within the district and who has not resided within…
- § 6835.1 Notwithstanding any other provision of law, a person shall not be ineligible for appointment to the board because he or she is an elected official or employee…
- § 6836 The members of the board shall serve without salary or compensation, but are entitled to necessary traveling expenses incurred in the performance of their…
- § 6837 The term of office of each member of the board is four years from the time of his appointment, except that the first appointed chairman holds office for two…
- § 6838 The chairman is the presiding officer.
- § 6839 The first meeting of the board shall be held within ten days of the appointment of the chairman. The board shall make its own rules of procedure and determine…
- § 6840 The board shall select one of its members as chairperson and select one of its members as vice chairperson, who shall preside in the absence of the…
- § 6841 A corporation may be selected as treasurer or the board may provide that the duties of the treasurer shall be performed by the county treasurer of the county…
- § 6843 The fiscal year of a district shall begin on the first day of July of each year and shall end on the thirtieth day of June of the following year.
- § 6844 The board shall annually file a report of the affairs and financial condition of the district for the preceding year with the governing body of every county or…
ARTICLE 2. Jurisdiction and Powers of the Board §§ 6860–6869 · 8 sections
- § 6860 The powers of a district established pursuant to this part shall be exercised by the board, by ordinance or resolution passed by a majority vote of the board.…
- § 6860.5 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 6861 Any grant of a franchise or lease of property of the district shall not be for a longer period than 50 years. Notwithstanding anything herein contained, a…
- § 6864 The district, may itself, without letting contracts therefor, do such work and make such improvements as are necessary. The work shall be done under the…
- § 6866 An officer of the district, and any of its employees, shall not be interested directly or indirectly in any contract or transaction with the district or become…
- § 6867 The board may prescribe rules and regulations pertaining to the selection of officers and employees of the district, other than the auditor. It shall also…
- § 6868 The board may adopt and carry into effect a contract or contracts of group insurance or a system of group annuities or both for the benefit of such of the…
- § 6869 (a) In lieu of the benefits afforded pursuant to Division 4 (commencing with Section 3200) and Division 4.7 (commencing with Section 6200) of the Labor Code,…
CHAPTER 3. District Powers §§ 6890–6910 · 25 sections
ARTICLE 1. General §§ 6890–6910 · 25 sections
- § 6890 Any district created pursuant to this part is a public corporation created for municipal purposes.
- § 6891 It has perpetual succession.
- § 6892 It may sue and be sued.
- § 6893 It may adopt a seal.
- § 6894 It may take by grant, purchase, gift, devise or lease or otherwise acquire and hold and enjoy and lease or dispose of, real and personal property of every…
- § 6894.1 Notwithstanding the provisions of Section 6894, the board of the Sacramento-Yolo Port District shall not do any of the following: (a) Sell or dismantle the…
- § 6894.2 (a) Moneys in the Riverfront Enhancement Fund, created by the Joint Port Governance Agreement dated January 15, 2006, shall be expended exclusively on projects…
- § 6895 A district may acquire, purchase, takeover, construct, maintain, operate, develop, and regulate wharves, docks, warehouses, grain elevators, bunkering…
- § 6896 It may exercise the right of eminent domain to take any property necessary or convenient to carry out any of its purposes.
- § 6897 It may incur indebtedness and issue bonds or other evidence of indebtedness for its purposes, and if any bonds issued for port improvement purposes by any part…
- § 6898 It may levy and collect or cause to be levied or collected taxes as in this part provided.
- § 6899 It has exclusive jurisdiction over, and it may provide for and supervise pilots and the pilotage of sea-going vessels from the end of jurisdiction of existing…
- § 6900 It may contribute money to the Federal or the State government or to any county in which the district is located or to any city within the district, for the…
- § 6901 A district may do any work or make any improvement within or without the territorial limits of the district, if the doing of the work or the making of the…
- § 6901.1 It may by resolution hold and save harmless the State of California, the Reclamation Board of the State of California, and the Sacramento and San Joaquin…
- § 6902 A district may enact necessary police regulations providing for control of any waterway project of the United States, entering the district, and it may adopt…
- § 6903 A district may provide for the opening and laying out of streets leading to the waterfront.
- § 6904 A district may regulate and control the construction, maintenance, and operation, or use, of all wharves, warehouses, structures, improvements, or appliances…
- § 6905 It may fix, regulate, and collect the rates or charges for the use of wharves, warehouses, vessels, railroads and other facilities, structures and appliances…
- § 6906 It may lay out, plan and establish the general plan and system of harbor and harbor district improvements and modify such plan and prescribe the specifications…
- § 6907 It may act as warehousemen, stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds.
- § 6908 It may manage the business of the district and promote the maritime and commercial interests by proper advertisement of its advantages, and by the solicitation…
- § 6908.5 Upon a four-fifths vote of all the members of the board, it may issue negotiable promissory notes bearing interest at a rate of not exceeding 7 percent per…
- § 6909 Notwithstanding the enumeration and specific statement herein of particular powers, the district may do and perform all acts and things necessary and…
- § 6910 (a) Except as provided in subdivision (b), the Sacramento-Yolo Port District shall not exercise the power of eminent domain in the County of Sacramento, the…
CHAPTER 4. Bonds §§ 6930–6939.17 · 23 sections
ARTICLE 1. District Bonds §§ 6930–6931 · 2 sections
- § 6930 Any district organized pursuant to this part may create a bonded debt pursuant to the provisions of Article 1 (commencing with Section 43600) of Chapter 4 of…
- § 6931 Any bonds issued by any district pursuant to this part are legal investments for all trust funds, and for the funds of all insurers, banks, both commercial and…
ARTICLE 2. County and Municipal Bonds § 6935 · 1 section
- § 6935 Whenever, upon the creation of a district, any municipality therein or any county in which the district is located, which has theretofore authorized or…
ARTICLE 3. Revenue Bonds §§ 6936–6939.3 · 6 sections
- § 6936 Pursuant to this article a district may create a revenue bond indebtedness for the acquisition and construction, or acquisition or construction of any…
- § 6937 The issuance of said bonds shall be authorized by ordinance adopted by five-sevenths of all the members of the board, to take effect upon its publication.
- § 6938 The secretary shall publish said ordinance once in a newspaper of general circulation printed in said district, and if there is none, then in such newspaper…
- § 6939 Said ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of said bonds, and in general terms,…
- § 6939.1 The proceeds of said bonds shall be placed in an account in the treasury of the district to be entitled ________ Port District Revenue Construction Fund No.…
- § 6939.3 Proceedings for the issuance of said bonds shall be had, the board shall have such powers and duties, and the bondholders shall have such rights and remedies,…
ARTICLE 4. Additional Sacramento-Yolo Port District Bonds §§ 6939.4–6939.17 · 14 sections
- § 6939.4 Pursuant to this article, the Sacramento-Yolo Port District may also create an additional bonded debt, in addition to all other indebtedness authorized by the…
- § 6939.5 This bonded indebtedness may be created solely for the purpose of providing funds for the acquisition, construction, improvement, or extension of…
- § 6939.6 Any bonds issued pursuant to this article shall be authorized by ordinance passed by two-thirds of all of the members of the board. The ordinance shall not…
- § 6939.7 The bonds of any issue may be issued in one or more series. The bonds of such series shall be payable within 30 years from their date and shall mature serially…
- § 6939.8 The bonds may be issued in such denominations as the board determines, except that no bond shall be of a denomination less than one hundred dollars ($100) nor…
- § 6939.9 If any officer whose signature or countersignature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser,…
- § 6939.10 The form of the bonds shall be prescribed by the board and they shall be signed by the officer or officers that the board designates. The coupons appertaining…
- § 6939.11 The income and revenue derived or to be realized from the harbor improvement acquired, constructed, improved or extended from the proceeds of the bonds shall…
- § 6939.12 The special fund shall be applied, secondly, to the creation of a sinking fund, herein designated as “sinking fund,” to provide for the payment of the…
- § 6939.13 Any additional revenues over and above the amounts required to be deposited in the interest fund and the sinking fund, may be deposited in an operation fund,…
- § 6939.14 Surplus revenues in the operation fund may be deposited either in the interest fund or any reserve fund created to secure any bonds or in the sinking fund, but…
- § 6939.15 The board, in and by the ordinance authorizing the issuance of the bonds, shall hypothecate and allocate all of the revenues to be realized from the…
- § 6939.16 Whenever the revenues of the district are, or in the opinion of the board will be insufficient to provide for the payment in full of the principal or interest…
- § 6939.17 The Legislature hereby finds and declares that because of the unique, complex problems existing with respect to the Sacramento-Yolo Port District, as a large…
CHAPTER 5. Finances and Taxation §§ 6940–6963 · 9 sections
ARTICLE 1. Levy, Assessment and Collection of Taxes §§ 6940–6944 · 5 sections
- § 6940 On or before June first of each year, the port director shall submit to the board a detailed statement of the money required for the ensuing fiscal year for…
- § 6941 Annually on or before the date set for the consideration of the budget by the board of supervisors of each county in which the district, or any portion…
- § 6942 The tax shall not exceed the rate of ten cents on each one hundred dollars of the assessed value of all taxable property within the district, exclusive of the…
- § 6943 From the time of the organization of any district until the next succeeding July 1st, or in the event that a district is formed between February 1st and July…
- § 6944 (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related…
ARTICLE 2. Claims and Demands §§ 6960–6963 · 4 sections
- § 6960 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 6961 If there is not sufficient money in any fund to pay the claims made against the fund, the claim shall be registered in a book kept by the treasurer, showing…
- § 6962 Wages and salaries shall be paid at such intervals as the board may direct, but at least once each month.
- § 6963 The provisions of Chapter I, Division II of the District Organization Act relating to notices shall govern and control this part.
PART 7. SMALL CRAFT HARBOR DISTRICTS §§ 7000–7340 · 136 sections
CHAPTER 1. General Provisions §§ 7000–7005 · 6 sections
- § 7000 This part shall be known and may be cited as the Small Craft Harbor District Law.
- § 7001 This part and all of its provisions shall be liberally construed to the end that its purpose may be effective. This part does not affect any other law covering…
- § 7002 “Harbor” means a portion of the Pacific Ocean or inland waters, including rivers, streams, lakes, bays, estuaries, inlets, straits and other waters within the…
- § 7003 “District” means any small craft harbor district formed pursuant to this part.
- § 7004 “Board” means the board of directors of a district.
- § 7005 “Develop” and “development” includes without limitation the acquisition, construction, repair, leasing improvement or any combination thereof necessary to…
CHAPTER 2. Formation §§ 7010–7037 · 24 sections
ARTICLE 1. Petition §§ 7010–7014 · 5 sections
- § 7010 A district may be formed consisting of any portion or portions of a county, whether contiguous or not, lying entirely within a city or entirely within…
- § 7011 Fifty or more registered, qualified electors in a county residing within the proposed district may sign and present to the board of supervisors of the county a…
- § 7012 The petition shall: (a) Set forth the exterior boundaries of the proposed district. (b) Generally describe the proposed harbor development. (c) A request that…
- § 7013 Within 10 days from the filing thereof the county registrar of voters, or if there be none, the county clerk, shall examine the petition and report in writing…
- § 7014 If the report shows the petition to be sufficient the petition shall be published as provided in Section 6066 of the Government Code in a newspaper of general…
ARTICLE 2. Hearing §§ 7020–7025 · 7 sections
- § 7020 At the time and place specified in the notice the board of supervisors shall hold the hearing, consider the petition and may continue the hearing from time to…
- § 7021 At the hearing the board of supervisors, without further notice, may change the exterior boundaries of the proposed district, as set forth in the petition, by…
- § 7022 If the territory included within the proposed district lies entirely within one city, the petition shall be filed with the city clerk and the clerk and the…
- § 7023 Except for proceedings to which Section 7022 applies, no territory lying within a city may be included in a district formed pursuant to this part without the…
- § 7023.5 If, prior to the time fixed for the hearing, the owners of taxable real property in the proposed district having an assessed valuation of more than one-half of…
- § 7024 If, after concluding the hearing, the board of supervisors determines that the proposed harbor development will benefit the property within the proposed…
- § 7025 A finding of the board of supervisors of the genuineness and sufficiency of the petition and that notice shall be conclusive against all persons.
ARTICLE 3. Election on Formation §§ 7030–7037 · 12 sections
- § 7030 After adoption of the resolution provided for in Section 7024 the board of supervisors shall call and give notice of an election to be held in the proposed…
- § 7031 The resolution calling the election shall contain: (a) The date of the election. (b) The name of the proposed district. (c) The official name by which the…
- § 7032 The election shall be called and conducted and candidates nominated in the manner provided for general district elections, except that the board of supervisors…
- § 7033 The resolution calling the election shall be published pursuant to Section 6066 of the Government Code in a newspaper of general circulation in the county in…
- § 7033.1 Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail,…
- § 7033.2 The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled…
- § 7033.3 If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time…
- § 7033.4 The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be…
- § 7034 The vote shall be canvassed by the board of supervisors not more than 10 days after the election.
- § 7035 If less than a majority of the votes cast upon the proposition are in favor of forming the district the board of supervisors shall declare the proceedings…
- § 7036 If a majority of the votes cast upon the proposition are in favor of forming the district the board of supervisors shall by resolution declare the district…
- § 7037 No informality in any proceeding, including informality in the conduct of the election not substantially affecting adversely the legal rights of any person,…
CHAPTER 3. Internal Organization §§ 7040–7074 · 27 sections
ARTICLE 1. Directors §§ 7040–7048 · 9 sections
- § 7040 Each district shall have a board of five directors all of whom shall be registered electors residing within the boundaries of the district and all of whom…
- § 7041 The term of office of each director, other than directors first elected or directors appointed to fill an unexpired term, shall be four years.
- § 7042 If a person elected fails to qualify, the office shall be filled as if there were a vacancy in the office.
- § 7043 All vacancies occurring in the office of director shall be filled by appointment by the remaining directors.
- § 7044 An appointment to fill a vacancy in the office of director shall be for the unexpired term of the office in which the vacancy exists.
- § 7045 Each director elected or appointed shall hold office until his successor qualifies.
- § 7046 If and when the territory included within the district lies entirely within a single city, the legislative body of such city shall be ex officio the board of…
- § 7047 Each director shall receive a sum as may be fixed by the board, not exceeding fifty dollars ($50) for each meeting of the board attended by him or her, for not…
- § 7048 Before entering upon the duties of his office each director shall take and subscribe the official oath and file it with the secretary. The oath of office may…
ARTICLE 2. The Board §§ 7050–7061 · 13 sections
- § 7050 The board is the governing body of the district.
- § 7051 The powers of the district shall, except as otherwise provided in this part, be exercised by the board.
- § 7052 Within 30 days after the formation of the district the directors shall meet and organize as a board. The board shall: (a) Elect one of its members president…
- § 7053 At its organization meeting the board may transact any business of the district.
- § 7053.5 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 7054 A majority of the board shall constitute a quorum for the transaction of business.
- § 7055 The board may act either by ordinance, resolution, order or motion. No ordinance or resolution shall be passed or become effective without at least the…
- § 7056 Separate books may be maintained for the filing of ordinances and resolutions but the ayes and noes shall be taken upon the passage of all ordinances and…
- § 7057 The enacting clause of all ordinances passed by the board shall be in substantially the following form: “Be it Ordained by the Board of Directors of (____…
- § 7058 The board may pass all ordinances necessary for the regulation of the district. All ordinances shall be signed by the president and attested by the secretary.
- § 7059 The board shall establish rules for its proceedings.
- § 7060 The board may adopt a seal for the district and alter it at pleasure.
- § 7061 By resolution the board may change the name of the district. A change of name shall be effective upon the filing of a certified copy of the resolution with the…
ARTICLE 3. Officers and Employees §§ 7070–7074 · 5 sections
- § 7070 The board shall at its first meeting, or as soon thereafter as practical, appoint a secretary and treasurer. The board shall also appoint other officers that…
- § 7071 A director shall not be treasurer. The secretary and treasurer shall receive the compensation determined by the board and shall serve at its pleasure.
- § 7072 The board may, at any time, appoint or employ, fix the compensation of and prescribe the authority and duties of other officers, employees, attorneys,…
- § 7073 The board may require the secretary, treasurer or other officers, employees or assistants of the district to give a bond to the district conditioned upon the…
- § 7074 The treasurer shall receive and safely keep all moneys of the district. He shall comply with all provisions of law governing the deposit and securing of public…
CHAPTER 4. Elections §§ 7080–7121 · 15 sections
ARTICLE 1. Elections Generally §§ 7080–7090 · 11 sections
- § 7080 (a) Except for the first election, directors shall be elected at general district elections. All other elections are special district elections. The first…
- § 7081 Nomination papers for the office of director shall be signed by 25 or more registered electors in the district and filed with the secretary not more than 65…
- § 7082 The provisions of the Elections Code relating to the qualifications of electors, the manner of voting, the duties of election officers, the canvassing of…
- § 7083 If there is but one person to be elected to an office, the candidate receiving the highest number of votes cast for the candidates for that office shall be…
- § 7084 If there are two or more persons to be elected to an office, those candidates equal in number to the number to be elected who receive the highest number of…
- § 7085 If a proposition has been submitted at the election it shall be declared carried if a majority of those voting thereon, or a higher number as may be required…
- § 7086 Special district elections held under this part or under any other law shall be called, held and conducted as provided in this part or in said other law if it…
- § 7087 Notice of the holding of the election shall be given by publishing the resolution calling the election pursuant to Section 6066 of the Government Code in at…
- § 7088 The returns of the election shall be made, the votes canvassed at least seven days following the election, and the results thereof ascertained and declared in…
- § 7089 No irregularities or informalities in conducting any district election shall invalidate the same, if the election shall have been otherwise fairly conducted.
- § 7090 All the expenses of district elections shall be borne by the district.
ARTICLE 2. Appointments in Lieu of Election §§ 7100–7101 · 2 sections
- § 7100 If, on the tenth day after the time for nominating directors has expired, only one person has been nominated for each of the positions of director to be filled…
- § 7101 In such case the board of supervisors of the county in which the district is situated shall, at its next regular meeting, appoint to the positions of directors…
ARTICLE 3. Initiative; Referendum; Recall §§ 7120–7121 · 2 sections
- § 7120 Ordinances may be enacted by and for any district by initiative in the same manner and with the same effect as ordinances of counties under Article 1…
- § 7121 (a) No ordinance shall become effective until 30 days from and after the date of its passage, except the following: (1) An ordinance calling or otherwise…
CHAPTER 5. Powers §§ 7140–7158 · 18 sections
- § 7140 The district may exercise the powers expressly granted in this part or in any other law or necessarily implied therefrom. The district has the power generally…
- § 7141 The district has perpetual succession.
- § 7142 The district may sue and be sued in all actions and proceedings, in all courts and tribunals of competent jurisdiction.
- § 7143 The district may levy and cause to be collected taxes for the purpose of paying the principal of and interest on any indebtedness, whether evidenced by bonds,…
- § 7144 The district may make contracts for any and all purposes necessary or convenient for the full exercise of its powers.
- § 7145 The district may employ labor, professional services, agents, servants and employees necessary to manage, maintain, and control the harbor and to enable the…
- § 7146 The district may take by grant, purchase, gift, devise or lease or other acquisition, hold, use, enjoy, lease or dispose of real and personal property of every…
- § 7147 The district may acquire by eminent domain any property necessary, convenient or useful to the exercise of its powers, but may exercise the power to acquire…
- § 7148 Any county, city and county, city, or other political subdivision or agency of the State, in this section referred to as “public agency,” which has been…
- § 7149 The district may acquire, construct, reconstruct, improve, repair, develop, maintain, and operate a harbor and all facilities appurtenant thereto, connected…
- § 7150 The district may lease any property, whether real or personal, and any interest therein to, of and from any person, firm or public or private corporation, or…
- § 7151 The district may join with the United States or any department or agency thereof, the State or any department or agency thereof, any county, city and county,…
- § 7152 The board may, by ordinance, establish general rules for the government of the harbor, including, without limiting the generality of the foregoing: (a) The…
- § 7153 The district may construct any works along, under, or across any street, road, or watercourse upon payment of compensation therefor, if required, in a manner…
- § 7154 The district may use any lands acquired or owned by the district for street or highway purposes. If it is necessary or expedient to convey any of the lands…
- § 7155 The district may sell and issue franchises relating to the harbor and its works, appurtenances, properties, and rights in accordance with procedure as may be…
- § 7156 The district may advertise its advantages and solicit business within or without the district, within other states or any foreign countries through such…
- § 7158 The district may accept aid from the United States or any department or agency thereof or from the State or any department or agency thereof and from any…
CHAPTER 6. Financial Provisions §§ 7170–7243 · 37 sections
ARTICLE 1. General §§ 7170–7176 · 7 sections
- § 7170 A district may borrow money, incur indebtedness, and issue bonds or other evidences of indebtedness as provided in this part.
- § 7171 A district may issue warrants payable in not to exceed two years from their date, to pay the formation expenses of the district, which warrants may bear…
- § 7172 All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division…
- § 7173 Warrants shall be drawn by the treasurer and signed by the president, or a member of the board designated for the purpose and by the secretary.
- § 7174 The treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the…
- § 7175 The treasurer shall make annual, or oftener if the board so orders, written reports to the board as to the receipts and disbursements and balances in the…
- § 7176 A bank may act as depositary, paying agent or fiscal agent for the holding or handling of district funds, notwithstanding the fact that a member of the board…
ARTICLE 2. Alternative—County Treasurer as Depositary §§ 7190–7195 · 6 sections
- § 7190 As an alternative to the procedures of Article 1 (commencing at Section 7170) the board may by resolution designate the county treasurer of the county in which…
- § 7191 The county treasurer shall: (a) Receive and receipt for all the district’s money and place it in the county treasury to the credit of the district. (b) Be…
- § 7192 The county treasurer shall pay, when due, out of district money, all sums payable on outstanding bonds and coupons of the district; and the county treasurer…
- § 7193 The county auditor shall draw warrants to pay claims made against the district when the claims have been approved in writing by the president or a member of…
- § 7194 The county treasurer shall report in writing on the first day of July, October, January and March of each year to the board with respect to each of the…
- § 7195 The board of supervisors of the county shall determine the charge to be made against the district for any services of either or both of: (a) The county…
ARTICLE 3. Short Term Borrowing §§ 7200–7202 · 3 sections
- § 7200 A district may incur indebtedness for any purpose for which the district is authorized to expend funds by the issuance of negotiable promissory notes pursuant…
- § 7201 Said notes shall be payable in not to exceed five years from their date and shall bear interest at not exceeding 6 percent per annum, payable as provided…
- § 7202 The total aggregate amount of said notes outstanding at any one time shall not exceed a limit of 2 percent of the assessed valuation of the taxable property in…
ARTICLE 4. General Obligation Bonds §§ 7210–7227 · 18 sections
- § 7210 Whenever the board deems if necessary for the district to incur a general obligation bonded indebtedness for (a) the acquisition, construction, completion or…
- § 7211 The resolution shall state: (a) The purpose for which the proposed debt is to be incurred, which may include expenses of all proceedings for the authorization,…
- § 7212 Notice of the holding of the election shall be given by publishing the resolution calling the election pursuant to Section 6066 of the Government Code in at…
- § 7213 The returns of the election shall be made, the votes canvassed at least seven days following the election, and the results thereof ascertained and declared in…
- § 7214 No irregularities or informalities in conducting the election shall invalidate the same, if the election shall have been otherwise fairly conducted.
- § 7215 Any action or proceeding wherein the validity of the election or of the proceedings in relation thereto is contested, questioned or denied, shall be commenced…
- § 7216 If from the election returns it appears that more than two-thirds of the votes cast upon the measure were in favor of and assented to the incurring of the…
- § 7217 The full amount of bonds may be divided into two or more series and different dates fixed for the bonds of each series. The maximum term which the bonds of any…
- § 7218 The board shall, by resolution, prescribe the form of the bonds and the form of the coupons attached thereto and fix the time when the whole or any part of the…
- § 7219 The bonds shall bear interest at a rate or rates not to exceed 6 percent per annum payable semiannually, except that interest for the first year shall be…
- § 7220 The board may also provide for the call and redemption of bonds prior to maturity at the time and prices and upon such other terms as it may specify. A bond…
- § 7221 The denomination of the bonds shall be stated in the resolution providing for their issuance, but shall not be less than one hundred dollars ($100).
- § 7222 The principal and interest shall be payable in lawful money of the United States at the office of the treasurer of the district or at any other place or places…
- § 7223 The bonds shall be dated, numbered consecutively, and be signed by the president of the board and the treasurer of the district and countersigned by the…
- § 7224 Before selling the bonds, or any part thereof, the board shall give notice inviting sealed bids in such manner as it may prescribe. If satisfactory bids are…
- § 7225 The proceeds from the sale of the bonds shall be paid into the treasury of the district and placed to the credit of a special improvement fund and expended…
- § 7226 Any action or proceeding, wherein the validity of any such bonds or of proceedings in relation thereto is contested, questioned or denied, shall be commenced…
- § 7227 Any general obligation bonds issued by a district shall have the same force, value and use as bonds issued by any city and shall be exempt from all taxation…
ARTICLE 5. Revenue Bonds §§ 7240–7243 · 3 sections
- § 7240 The district may issue revenue bonds for any purpose mentioned in this part under the provisions of the Revenue Bond Law of 1941 (Chapter 6 (commencing at…
- § 7241 If revenue bonds are issued, the bonds shall be authorized by a majority of the qualified electors as provided in the Revenue Bond Law of 1941 (Chapter 6…
- § 7243 In any ordinance or resolution calling an election to authorize the issuance of revenue bonds of the district, the board may insert a provision that it intends…
CHAPTER 7. Taxation §§ 7260–7266 · 7 sections
- § 7260 After the incurring of any general obligation indebtedness, evidenced by general obligation bonds, and annually thereafter until the indebtedness is paid or…
- § 7261 To the extent to which moneys are in the treasury from a source other than the annual tax levy required by Section 7260 and are set apart for the payment of…
- § 7262 On or before the first day of August the board of directors of the district shall furnish to the board of supervisors and to the auditor, respectively, in…
- § 7263 After the board has furnished the estimate, the board of supervisors, annually, at the time and in the manner of levying other county taxes, shall levy upon…
- § 7264 All district taxes shall be collected at the same time and in the same manner and form as county taxes and shall be paid to the district for which they were…
- § 7265 All district taxes whether for the payment of indebtedness and the interest thereon or for other purposes are of the same force and effect as other liens for…
- § 7266 (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related…
CHAPTER 8. Changes in Organization § 7280 · 1 section
ARTICLE 1. Annexation § 7280 · 1 section
- § 7280 Land in the same county in which the district is located, whether contiguous or not or incorporated or not, which is not a part of the district may be annexed…
CHAPTER 9. Construction § 7340 · 1 section
- § 7340 If any section, subsection, sentence, clause, or phrase of this part, or the application thereof to any person or circumstance, is for any reason held invalid,…