PART 2. HARBOR IMPROVEMENT DISTRICTS [5800. - 5956.]

Part 2 enacted by Stats. 1937, Ch. 368.

§§ 5800–5956 · 84 sections

General Provisions §§ 5800–5802 · 3 sections
- § 5800 “Harbor,” as used in this part, includes any bay, harbor, inlet or other arm of the sea in which the tides of the Pacific Ocean ebb and flow, or any navigable…
- § 5801 “Harbor commission,” as used in this part, includes any commission, board or officer in which the improvement, development, protection, maintenance, management…
- § 5802 “District,” as used in this part, refers to a district formed pursuant to this part.
CHAPTER 1. Formation §§ 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…
CHAPTER 2. Bonds §§ 5880–5893 · 9 sections
1. ARTICLE 1. Issuance and Sale §§ 5880–5884 · 5 sections
  - § 5880 The board of supervisors shall pass a resolution providing for the issuance and sale of bonds to represent the principal of the indebtedness authorized to pay…
  - § 5881 All bonds issued under this part shall be payable substantially in the following manner: A part to be determined by the board of supervisors, which shall be…
  - § 5882 The board of supervisors of the county may determine the denomination of the bonds, except that no one bond shall be of a denomination less than one hundred…
  - § 5883 The bonds shall be signed by the chairman of the board of supervisors, and the treasurer, and countersigned by the auditor of the county. The coupons upon the…
  - § 5884 Bonds may be issued and sold by the board of supervisors of the county for not less than their par value and accrued interest at the date of delivery, and the…
2. ARTICLE 2. Payment of Bonds, Taxation §§ 5890–5893 · 4 sections
  - § 5890 Bonds issued are obligations of the district and the board of supervisors of the county shall, at the time of fixing the general tax levy and in the manner…
  - § 5891 The taxes shall: (a) Be levied upon all of the property within the district taxable for county purposes. (b) Be in addition to all other taxes levied for…
  - § 5892 The board of supervisors may at the same time and in the same manner levy upon all of the property in the district a tax sufficient to pay the ordinary annual…
  - § 5893 In no event shall the district levy a tax in excess of twenty cents ($0. 20) for each one hundred dollars ($100) of assessed valuation within the district.
CHAPTER 3. Management and Control §§ 5900–5904 · 16 sections
- § 5900 Whenever any district is formed pursuant to this part and its control is vested in the board of supervisors of the county in which the district is situated,…
- § 5900.1 The board may sue and be sued in the name of the district.
- § 5900.2 The board may adopt a seal and alter it at pleasure.
- § 5900.3 The board may take by grant, purchase, gift, devise, lease and dispose of real and personal property of every kind within or without the district necessary to…
- § 5900.4 The board may exercise the right of eminent domain to take any property necessary or convenient to the exercise of the powers conferred by this part.
- § 5900.5 The board may borrow money and incur indebtedness and issue bonds or other evidence of the indebtedness in the manner, and to the extent, deemed necessary by…
- § 5900.6 When any improvement or development work done under the authority of the board is completed, the maintenance, management, and control of the work done, and of…
- § 5900.7 If any portion of the harbor is situated within the boundaries of any incorporated city, the board of supervisors may enter into arrangements or contracts with…
- § 5900.8 The board shall exercise general supervision over the harbor and may adopt general rules and regulations for the government thereof, which in its judgment will…
- § 5900.9 The board may provide by ordinance for the regulation of anchorages, wharfages and dockage of vessels within the harbor and it may establish and collect fees…
- § 5900.10 Every person who violates the provisions of any ordinance enacted by the board of supervisors pursuant to this part, is guilty of a misdemeanor.
- § 5900.11 A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code.
- § 5901 The governing body of a city within which a portion of the harbor is situated may establish by ordinance any regulations which are proper in the exercise of…
- § 5902 The board of supervisors may by ordinance provide for the appointment of a harbor commission consisting of seven persons, and shall by ordinance define its…
- § 5903 If the purposes for which the bonds were voted are being or shall be carried out by cooperation or agreement between the United States of America or any…
- § 5904 (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 § 5905 · 1 section
- § 5905 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. Improvement of Other Harbor or Harbors Within the District §§ 5910–5915 · 6 sections
- § 5910 Any harbor improvement district organized and existing pursuant to Part 2 (commencing with Section 5800) of Division 8 may improve, develop, protect, and…
- § 5911 The board of supervisors of any county in which the district is situated may direct the harbor commission, appointed pursuant to Section 5902 of this part, to…
- § 5912 Upon receiving the report and recommendation of the harbor commission, the board shall fix a date for hearing on the report to consider and determine the…
- § 5913 The hearing, investigation, determination and findings of the board of supervisors shall be conducted and made in accordance with the provisions of Sections…
- § 5914 Upon final hearing, if the board finds that the harbor or harbors can be improved, developed and protected as generally described in the report and…
- § 5915 For the purpose of financing the improvement, development, protection and maintenance of such additional harbor or harbors, the board may issue bonds, borrow…
CHAPTER 5. Acquisition, Improvement or Maintenance of Lands for Public Beaches §§ 5940–5945 · 6 sections
- § 5940 Any harbor improvement district organized and existing pursuant to this part may purchase, lease or obtain by gift lands for public beaches located within the…
- § 5941 The board of supervisors of any county in which a district is situated may direct the harbor commission, appointed pursuant to Section 5902, to prepare surveys…
- § 5942 Upon receiving the report and recommendation of the harbor commission, the board shall fix a date for hearing on the report to consider and determine the…
- § 5943 The hearing, investigation, determination and findings of the board of supervisors shall be conducted and made in accordance with the provisions of Sections…
- § 5944 Upon final hearing, if the board finds that the lands considered in the commission’s report can be acquired, improved or maintained as generally described in…
- § 5945 For the purpose of financing the acquisition, improvement or maintenance of such lands as is authorized herein, the board may issue bonds, borrow money, incur…
CHAPTER 6. Inland Parks and Recreation Areas §§ 5950–5956 · 9 sections
- § 5950 The board of supervisors may manage the business of the district and promote the commercial interest of the harbor by advertisement of its advantages and by…
- § 5950.1 The term “inland parks and recreation areas,” as used in this chapter, includes, but is not limited to, open-space land, as defined by subdivision (h) of…
- § 5950.5 The board of supervisors of any harbor improvement district organized and existing pursuant to Part 2 (commencing with Section 5800) may authorize the district…
- § 5951 If the district is authorized to acquire, develop, operate, and maintain inland parks and recreation areas, the board of supervisors shall, by resolution,…
- § 5952 If the district is authorized to acquire, develop, operate, and maintain inland parks and recreation areas, at least 75 percent of its annual expenditures…
- § 5953 For the purpose of determining the annual expenditures required by Section 5952, only such expenditures for land, structures, and improvements as are raised by…
- § 5954 In acquiring, developing, operating, or maintaining inland parks and recreaton areas, the district shall follow and comply with, as nearly as possible, the…
- § 5955 Notwithstanding the provisions of Sections 5940 to 5954, inclusive, the district may acquire, develop, operate, or maintain public beaches or inland parks and…
- § 5956 The district may purchase, collect, trade, exchange, or otherwise acquire exhibition or study material necessary or proper for the use of museums or exhibits…