CCLME.ORG - HNC 4130
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State
California
HNC Sec 4130-4140 County Harbor Improvement (Harbor Improvement Bonds -- COUNTY PROVISIONS)
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HARBORS AND NAVIGATION CODE
SECTION 4130-4140





4130. "Harbor," as used in this article, includes any bay, inlet,
or other arm of the sea in which the tides of the Pacific Ocean ebb
and flow, except such as are excluded from the application of this
chapter by the provisions of Section 4049 of this code.



4131. Any county may improve, develop, protect, and maintain one or
more or all of the harbors within its boundaries, upon the
conditions, in accordance with the procedure, and in the manner
provided in this article and in the Public Contract Code.




4132. Upon receiving a petition signed by persons who are both
freeholders and electors in the county, equal in number to at least
15 per cent of the vote cast for the office of Governor at the last
preceding election at which a Governor was elected, proposing that
the matter of the improvement, development, protection and
maintenance of one or more such harbors, naming them, be submitted to
the electors of the county, the board of supervisors may appoint a
harbor commission for the county in accordance with the provisions of
Article 1 of this chapter, which provisions are incorporated herein
to the extent that they are not inconsistent herewith.




4133. With all diligence, the harbor commission shall proceed with
surveys of the harbor or harbors intended to be improved, developed,
or protected, the preparation of plans therefor and estimates of cost
thereof, and shall report to the board of supervisors thereon, with
its recommendations concerning the necessity, advantage, and benefit
to be derived by the improvement, development, or protection of such
harbor or harbors; all as provided in Article 2 of this chapter,
which provisions are incorporated herein to the extent that they are
not inconsistent herewith.



4134. Upon receiving the report and recommendations of the Harbor
Commission, the board of supervisors shall consider and determine the
feasibility of the project or projects submitted, may call upon the
commission for further surveys and reports and shall determine (1)
what harbor or harbors, and by what specific project or projects, or
parts thereof, it will be in the interest of the county to improve,
develop, or protect, (2) for which thereof, if any, moneys should be
provided by the issuance of bonds of the county and the amount of
bonds required to be issued and sold therefor, and (3) for which
thereof, if any, moneys should be raised by the levy of a special tax
at a specified rate over a specified number of years not exceeding
20 years.



4135. For such a purpose, the county may incur a bonded
indebtedness, upon the conditions, in the manner and in accordance
with the procedure prescribed by applicable provisions of law,
including Sections 4088, 4088a and 4089 of the Political Code and
Article 2 of this chapter.



4136. Any tax for such a purpose may be levied only if a proposal
therefor (specifying the purpose, the rate of tax, and the number of
years for which the tax is to be levied) is submitted to the
qualified electors of the county, at a general or special election,
and is approved by a majority of the electors voting thereon. No
such tax may be levied if it operates to increase the maximum rate of
taxation otherwise prescribed for the county unless the proposal
therefor is approved by two-thirds of the electors voting thereon.
Any such proposal for a tax levy shall be submitted to the
electors of the county, and the election thereon held, in conformity,
as nearly as may be practicable, with the provisions of law
applicable to the submission to the electors of a proposition for the
issuance of bonds of the county and the conduct of an election
thereon.


4137. The work of improving, developing, or protecting the harbor,
whether the moneys therefor are the proceeds of the sale of bonds of
the county or of a tax levy, shall be done under the control and
management of the harbor commission pursuant to applicable provisions
of law, including the provisions of the Public Contract Code and the
preceding articles of this chapter, which latter provisions are
incorporated herein to the extent that they are not inconsistent
herewith.



4138. When the improvement, development, or protection of a
particular harbor is completed, and the board of supervisors so find
and determine, the management and control of that harbor vests in the
board of supervisors. Thereafter the costs of maintaining the
harbor is a county charge.



4139. In managing and controlling a harbor, the board of
supervisors has authority, upon such terms and conditions as the
board shall prescribe, to grant franchises, permits and leases for
the use of lands and facilities belonging to the county, and to
prescribe the rate or rates of wharfage and other charges which are
appropriate for the use of any of the facilities owned or services
furnished or provided by the county. All revenues derived from such
franchises, permits, leases, and charges, are available solely for
payment of the cost of maintaining harbors that are under the control
and management of the board of supervisors, except that the board
may from time to time, out of any surplus of such revenues, transfer
to the appropriate funds of the county such sums as in its judgment
may be available for payment of principal and interest of county
bonds issued pursuant to the provisions of this article.



4140. In any year a tax may be levied for the maintenance of the
harbor or harbors in the county at a rate calculated to raise a sum
of money equal to the amount of the excess, if any, of the amount of
the estimated cost of such maintenance over the estimated amount of
revenues (derived from such franchises, permits, leases, and charges)
that are or will become available to defray such cost. The rate of
such tax shall not in any year exceed fifteen cents ($0.15) per one
hundred dollars ($100) of the assessed valuation of all taxable
property within the county, unless a proposal for a specified higher
rate for a particular year is submitted to the qualified electors of
the county at a general or special election and is approved by a
majority of the electors voting thereon.