PART 4. PORT DISTRICTS [6200. - 6372.]

Part 4 enacted by Stats. 1937, Ch. 368.

§§ 6200–6372 · 105 sections

1. 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.
2. CHAPTER 1. Formation §§ 6210–6233 · 14 sections

   1. 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…
   2. 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…
3. CHAPTER 2. Board of Port Commissioners §§ 6240–6276 · 25 sections

   1. 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…
   2. 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,…
4. CHAPTER 3. District Powers §§ 6290–6311 · 27 sections

   1. 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…
5. CHAPTER 4. Bonds §§ 6330–6355 · 24 sections

   1. 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…
   2. 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,…
   3. 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…
   4. 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…
6. CHAPTER 5. Finances and Taxation §§ 6360–6372 · 9 sections

   1. 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…
   2. 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.