CHAPTER 1. Formation [6010. - 6045.]

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

§§ 6010–6045 · 32 sections

1. 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…
2. 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…
3. 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…