PART 3. HARBOR DISTRICTS [6000. - 6110.]
Part 3 enacted by Stats. 1937, Ch. 368.
§§ 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…