CHAPTER 1. Formation [5820. - 5874.]

Chapter 1 enacted by Stats. 1937, Ch. 368.

§§ 5820–5874 · 34 sections

1. 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…
2. 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…
3. 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…