PART 7. SMALL CRAFT HARBOR DISTRICTS [7000. - 7340.]
Part 7 added by Stats. 1959, Ch. 1598.
§§ 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,…