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State
California
HNC Sec 5800-5956 General Provisions and Formation (HARBOR AND PORT DISTRICTS)


HARBORS AND NAVIGATION CODE
SECTION 5800-5956





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 water of the Pacific Ocean suitable
for the anchoring and docking of vessels.



5801. "Harbor commission," as used in this part, includes any
commission, board or officer in which the improvement, development,
protection, maintenance, management or control of any harbor or part
of any harbor in this state is by law, ordinance, or other legal
authority vested or exercised.



5802. "District," as used in this part, refers to a district formed
pursuant to this part.


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 into a district for the
improvement or development of a harbor.
The work may include the dredging of channels, shipways, ship
berths, anchorage places, and turning basins, and the construction of
jetties, breakwaters, bulkheads, seawalls, wharves, ferry slips, and
warehouses.


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 the improvement or development of a
harbor, they may present a petition in writing signed by them to the
board of supervisors of the county.


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 improvement, development, protection, maintenance,
management or control of the harbor, or any part of it, is vested in
or exercised by a harbor commission.
(d) The exterior boundaries of the proposed district, which may
include incorporated territory, or both incorporated and
unincorporated territory, but shall include the whole or some part of
the harbor proposed to be improved or developed.
(e) A general description of the proposed improvement and
development work.
(f) The estimated cost of the improvement or development, and the
incidental expenses.



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 development of the harbor.



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 notice signed by not exceeding three
of the petitioners. The notice shall state the day, hour and place
at which the petition will be presented to the board of supervisors
for hearing, and that all persons interested may appear and be heard
at this time and place.

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 a period of ninety days.



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 equalized assessment-roll of the
county for land assessed to him or her and located within the
boundaries of the proposed district, is prima facie evidence that the
signer is a freeholder within the proposed district.
A certificate signed by the county elections official, which
states that the name of any signer of the petition is registered and
uncanceled as a voter of the county and that he or she resides within
the boundaries of the proposed district, is prima facie evidence
that the signer is a registered voter within the proposed district.




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 would not be benefited by the
improvement or development of the harbor.


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 other contiguous lands which will be
benefited by the improvement or development of the harbor.




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 upon the owner or published
for the same period of time and in the same paper as the original
petition and notice of hearing.
The notice shall state the day, hour, and place at which the owner
will be heard and shall generally describe the lands proposed to be
added to the proposed district.


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, when completed it will result in the improvement or
development of the harbor.
(c) If the estimated cost and incidental expenses are the
reasonable and necessary costs of the improvement or development work
and incidental expenses.
For the purpose of investigation and determination, it may submit
the improvement or development work described in the petition to
engineers for examination and report.



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 ninety days, the board may for that
purpose continue the hearing for not longer than six months from the
date of the presentation of the petition.


5837. If the improvement, development, protection, maintenance,
management or control of a harbor or any part thereof, proposed to be
imporved or developed, is vested in or exercised by a harbor
commission, the petition shall be submitted to and approved by the
harbor commission, before it is presented to the board of
supervisors, and all investigations of the improvement or development
work, and its estimated cost, ordered or directed to be made by the
board of supervisors, shall be made by or under and subject to the
approval of the harbor commission.



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 estimated cost set forth, but it
may find that other, different, or less amount of improvement or
development work should be done, and find the estimated cost and the
incidental expenses.



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 notice of hearing have been duly published.
(b) The petition is signed by a sufficient number of persons who
possess the required qualifications.
(c) A harbor exists within the county, some portion of which is
contained within the exterior boundaries set forth in the petition.
(d) It can be improved and developed as generally described in the
petition at a cost not disproportionate to the benefit to be derived
from the improvement and development.
(e) The improvement or development has the approval of the harbor
commission, if one exists.



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) The official name or name by which the harbor is commonly
known.
(c) A description of the exterior boundaries of the territory to
be included within the proposed district, as originally set forth in
the petition, or as they may have been changed by the inclusion or
exclusion of lands.
(d) The improvement or development work to be done.
(e) The estimated cost, and the incidental expenses.



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 and of the publication or personal
service of all prior notices, and vest the board with authority to
proceed pursuant to this part.

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 development work to be done in the
harbor, and the estimated cost, and the incidental expenses.




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 and incurring a bonded debt and issuing
and selling bonds, to pay the cost of the improvement or development
work, in a sum not greater than the estimated cost, and the
incidental expenses as found by the board.



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 resolution.
(b) Designate one or more voting precincts and generally describe
the boundaries of each precinct.
(c) Designate a place within each precinct at which the polls will
be opened for the purpose of the election on the date of the
election.
(d) Appoint a board of election for each precinct, consisting of
one inspector, one judge, and one clerk, each of whom shall be a
registered elector of, and reside within, the precinct for which he
or she is appointed.
(e) State the object and purposes for which the indebtedness is
proposed to be incurred and the amount of the principal of the
indebtedness.
(f) Recite a maximum rate of interest to be paid on indebtedness,
not exceeding seven per cent per annum, payable semiannually.



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 in all particulars not recited in the
resolution or as otherwise provided for in this part, the election
shall be held in accordance with the general election law of the
state, so far as it is applicable, but it is not necessary to mail or
send out sample ballots or precinct polling cards.



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 proposition of the formation of the district and
of the incurring of indebtedness thereby.



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 the formation of the
harbor district and the incurring of the indebtedness thereby, mark
in the voting area at the right of the words "For the harbor
district."
To vote against the formation of the harbor district and the
incurring of the indebtedness thereby, mark in the voting area at the
right of the words "Against the harbor district."
All erasures and distinguishing marks are forbidden and make the
ballot void. If you wrongly stamp, tear, or deface this ballot,
return it to the inspector of election and obtain another.

PROPOSITION

"For the harbor district" (here set forth a general statement of
the purposes for which the indebtedness is to be incurred, and the
amount of the indebtedness).
"Against the harbor district" (here set forth a general statement
of the purposes for which the indebtedness is to be incurred and the
amount of the indebtedness).



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 constitute the
notice of election and no other notice need be given.



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 shall be kept opened until the hour of
eight o'clock p.m. of the same day, when the polls shall be closed.
Any elector within the polling place or standing in line thereat who
has not had an opportunity to vote and desires to vote shall be
permitted to vote after the hour of eight o'clock p.m. of the day of
election.



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 elections, and deposit the ballots
with the county elections official of the county in which the
election is held.



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 minutes of the meeting a finding
showing the number of votes cast in each precinct for the district
and the incurring of the indebtedness, and the number of votes cast
against the district and the incurring of the indebtedness, and the
total number of votes cast in all the precincts for and against the
harbor district and the incurring of the indebtedness.



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 indebtedness thereby, it shall enter
that fact upon its minutes, and no further proceedings shall be taken
under the petition, but a new petition and notice may be signed,
published, and filed and a new proceeding had after the expiration of
one year from the date of the election.



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 the indebtedness, it shall have that
fact entered upon the minutes, together with a description of the
boundaries of the district, its name, and the official name or names
by which the district is commonly known, and enter an order declaring
the district duly formed, and existing in the county in which the
proceedings were had, and that an indebtedness of the district is
authorized in the principal sum specified, to pay the cost of making
the improvement or development, as set forth in the resolution.



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 State.



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 transmit to the clerk of the board of
supervisors of the county in which the proceedings were had, a
certificate that a harbor district under the name set forth in the
petition has been formed and exists in that county.



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 office of the clerk of
the board of supervisors, the formation of the district is complete,
and an indebtedness is authorized in the sum specified in the
resolution calling the election.



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 indebtedness unless it is commenced in a
court of competent jurisdiction within 60 days after the date of the
filing of the certificate of the Secretary of State in the office of
the clerk of the board of supervisors.

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 the cost of the improvement or
development work in the harbor, and shall prescribe the form of the
bonds.



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 not less than one-fortieth part of the whole indebtedness, shall
be paid each year on a date, and at a place to be fixed by the board
of supervisors, and designated in the bonds, together with interest
on all sums unpaid at that date.



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 nor more than one thousand
dollars. The bonds shall be payable on the date and at the place
fixed in the bond, with interest payable semiannually at the rate
specified in the bond, which shall not exceed the maximum fixed by
the resolution calling the election.



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 bonds shall be numbered consecutively and
signed by the county treasurer.
If any officer whose signature or counter-signature appears on the
bonds or coupons ceases to be an officer before the delivery of the
bonds to the purchaser, his signature or counter-signature is as
valid as if he had remained in office.



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 proceeds shall be placed in the
treasury of the county to the credit of the proper improvement fund,
and applied exclusively to the purposes mentioned in the resolution
and for which the bonds were voted.

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 provided for the general tax levy, levy
and collect annually until the bonds are paid, or until there is a
sufficient sum in the treasury of the county set apart to meet all
sums coming due for principal and interest on the bonds, a tax
sufficient to pay the annual interest on the bonds and the part of
the principal which will become due before the time for fixing the
next general tax levy.


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 county purposes.

(c) Be collected at the same time and in the same manner as other
county taxes are collected.
(d) Be used for no purpose other than payment of the bonds and
accruing interest.


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 expenses of maintenance of the
district and it may also levy a tax sufficient to meet expenditures
for any further improvement and development of the harbor which the
board deems necessary and advisable.



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.

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, the board of supervisors may pass all
necessary ordinances for the regulation of the district and provide
that the violation of such ordinances constitutes a misdemeanor.




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 the full or convenient exercise of
their powers.


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 the board for further improvement and
development of the harbor. The board also may do any other acts, and
exercise any other powers, which may be necessary or convenient for
the full exercise of the powers specifically granted by this part.




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 the harbor as so improved, shall
pass to and be vested in the board. The board may employ and pay all
necessary agents, servants, and employees to manage, maintain, and
control the harbor.



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 the governing body of that
city, upon such terms as may be agreed upon, for the purchase and
maintenance of fireboats, patrol boats, sanitary and other equipment
which the board deems necessary for the proper protection of the
harbor.



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 best promote the interests
thereof, if these rules and regulations do not conflict with the
right of any city to exercise its police powers, or with the right of
the city to license and regulate business enterprises within its
corporate limits. If any business or enterprise is located adjacent
to or affects the use and enjoyment of the waters of the harbor, the
approval of the board of supervisors shall be necessary to the
licensing and regulation thereof.


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 and licenses therefor. The proceeds
when collected shall be deposited to the credit of the harbor
district fund.



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 its police powers which regulations do
not conflict with the provisions of this part, or with any lawful
ordinance of the board of supervisors.



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 powers and duties.



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 department, officer or agency thereof, and
the district, the proceeds of the bonds may be turned over to the
United States of America, or any department, officer or agency
thereof, to be expended by it in the performance of the improvement
or development work for which the bonds were voted.
If the improvement or development work for which the bonds of the
district were voted is to be done jointly with the United States of
America, or any department, officer or agency thereof, the portion of
the cost to be borne by the district may be turned over to the
United States of America, or any department, officer or agency
thereof, to be expended by it in the performance of the improvement
or development work, and all cooperative arrangements or agreements
heretofore entered into are hereby validated, legalized and
confirmed, and the payment and turning over to the United States of
America or to any department, officer or agency thereof, heretofore
or hereafter of the proceeds of any harbor district bonds for
expenditure by the United States of America, or any department,
officer or agency thereof, in the performance of the improvement or
development work for which the bonds were voted is hereby validated,
legalized and confirmed for all purposes and the performance of the
work by or under the supervision of the United States of America, or
any department, officer or agency thereof, is hereby validated,
legalized and confirmed.



5904. (a) The district may, in any year, levy assessments,
reassessments, or special taxes and issue bonds to finance waterway
construction projects and related operations and maintenance, or
operations and maintenance projects independent of construction
projects in accordance with, and pursuant to, the Improvement Act of
1911 (Division 7 (commencing with Section 5000) of the Streets and
Highways Code), the Improvement Bond Act of 1915 (Division 10
(commencing with Section 8500) of the Streets and Highways Code), the
Municipal Improvement Act of 1913 (Division 12 (commencing with
Section 10000) of the Streets and Highways Code), the Benefit
Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703)
of the Government Code), the Integrated Financing District Act
(Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5
of the Government Code), the Mello-Roos Community Facilities Act of
1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the Government Code), and the Marks-Roos
Local Bond Pooling Act of 1985 (Article 4 (commencing with Section
6584) of Chapter 5 of Division 7 of Title 1 of the Government Code).

(b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193,
10104, and 10302 of the Streets and Highways Code shall not apply to
assessment proceedings undertaken pursuant to this section.
(c) Notwithstanding the related provisions of any assessment act
which the district is authorized to use, any assessment diagram which
any of those acts requires to be prepared prior to final approval of
the assessment district may show only the exterior boundaries of the
assessment district and the boundaries of any assessment zones or
improvement areas within the district. The diagram may refer to the
county assessor's maps and records for a detailed description of each
lot or parcel.
(d) Notwithstanding any other provision of law, the district may
levy and collect assessments and reassessments in the same manner as
provided in Article 3 (commencing with Section 51320) of Chapter 2 of
Part 7 of Division 15 of the Water Code, to pay any or all of the
following:
(1) For the operation and maintenance of projects, including
maintenance of lands, easements, rights-of-way, dredge material
disposal areas, and remediation.
(2) For the satisfaction of liabilities arising from projects.
(3) To accumulate a fund which may be used to advance the cost of
district projects, provided that the advances be repaid, with
interest as determined by the commissioners, from assessments,
reassessments, special taxes, or fees charged by the district
pursuant to this section.
(4) To acquire real property, easements, or rights-of-way for a
navigation project or the maintenance of a navigation project.
(5) To acquire real property within the district for the disposal
of dredged material.
(e) For purposes of this section, functions designated by Article
3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division
15 of the Water Code to be performed by the board of supervisors, the
board of trustees, or valuation commissioners shall be performed by
the district's board.
(f) For purposes of this section, the board may order the creation
of a separate assessment roll to pay the allowable expenses of any
single project or any group or system of projects.
(g) Notwithstanding any other provision of law, all assessments,
reassessments, and taxes levied by the district may be collected
together with, and not separately from, taxes for county purposes.
Any county in which the district is located may collect, at the
request of the district, all assessments, reassessments, and special
taxes levied by the district and shall cause those revenues to be
deposited into the county treasury to the credit of the district.
Each county may deduct its reasonable collection and administrative
costs.
(h) Notwithstanding any other provision of law, any assessment or
reassessment levied pursuant to this section may be apportioned on
the basis of land use category, tonnage shipped on the waterway, size
and type of vessel using the waterway, front footage, acreage,
capital improvements, or other reasonable basis, separately or in
combination, as determined by the district commissioners.
(i) Notwithstanding any other provision of law, Division 4
(commencing with Section 2800) of the Streets and Highways Code shall
not apply to any assessment levied by the district.
(j) Notwithstanding any other provision of law, no bond issued
pursuant to this section shall be used to fund the routine
maintenance dredging of channels.

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 3.6 of Title 1 of the
Government Code except as provided therein, or by other statutes or
regulations expressly applicable thereto.

5910. Any harbor improvement district organized and existing
pursuant to Part 2 (commencing with Section 5800) of Division 8 may
improve, develop, protect, and maintain any or all harbors within its
boundaries in accordance with the procedure, and in the manner
provided, in this chapter and in the Public Contract Code, except
that nothing in this chapter or in the Public Contract Code affects
state-owned tidelands and submerged lands or the jurisdiction of the
State Lands Commission over tidelands and submerged lands.



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 prepare surveys for the improvement,
development or protection of any harbor or harbors within the
district, prepare plans therefor and estimates of cost thereof, and
to report to the board of supervisors thereon, with its
recommendations covering the necessity, advantages and benefits to be
derived by the improvement, development or protection of such harbor
or harbors.


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 feasibility of the project or projects
submitted. The hearing shall be held not more than thirty (30) days
nor less than twenty (20) days after the filing of the report, and
the board shall cause notice of the fact that the report has been
filed and of the date fixed for the hearing to be published by at
least two (2) publications in a newspaper published within the
district.


5913. The hearing, investigation, determination and findings of the
board of supervisors shall be conducted and made in accordance with
the provisions of Sections 5835 to 5841, inclusive, of this part,
which sections are incorporated herein to the extent that they are
not inconsistent with the provisions of this chapter.




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 recommendation of the harbor commission
at a cost not disproportionate to the benefits to be derived from the
proposed project, the board may order the development, improvement
or protection of the harbor or harbors in accordance with its
findings.



5915. For the purpose of financing the improvement, development,
protection and maintenance of such additional harbor or harbors, the
board may issue bonds, borrow money, incur indebtedness and levy
taxes, all in the same manner and to the same extent as in the
improvement, development, protection and maintenance of the harbor
for which the district was originally formed, and shall in all other
respects have the same powers and duties with respect to the
improvement, development, protection and maintenance of such
additional harbor or harbors as it has with respect to the original
harbor for which the district was formed.
The board may issue no bonds hereunder unless the incurring of the
bonded indebtedness for the improvement, development, protection and
maintenance of such additional harbor or harbors shall first have
been approved at an election held in the manner provided in Article
3, Chapter 1, Part 2 of Division 8 of this code, and pursuant to the
provisions of said article with reference to the incurring of bonded
indebtedness.

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 boundaries of the district and may
hold, improve or maintain such lands. Any and all such acquisition,
improvement or maintenance as is authorized herein shall be
accomplished and carried out in accordance with the procedure and in
the manner hereinafter provided in this chapter, except that nothing
in this chapter shall affect state-owned tidelands and submerged
lands or the jurisdiction of the State Lands Commission over
tidelands and submerged lands.


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 for the acquisition, improvement or
maintenance of such lands as is herein authorized, prepare plans
therefor and estimates of cost thereof, and to report to the board of
supervisors thereon, with its recommendations covering the
necessity, advantages and benefits to be derived by the acquisition,
improvement or maintenance of such lands as public beaches.



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 feasibility of the project or projects
submitted. The hearing shall be held not more than 30 days nor less
than 20 days after the filing of the report, and the board shall
cause notice of the fact that the report has been filed and of the
date fixed for the hearing to be published by at least two
publications in a newspaper published within the district.



5943. The hearing, investigation, determination and findings of the
board of supervisors shall be conducted and made in accordance with
the provisions of Sections 5835 to 5841, inclusive, of the Harbors
and Navigations Code which sections are incorporated herein to the
extent that they are not inconsistent with the provisions of this
chapter.



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 the report and recommendation of
the harbor commission at a cost not disproportionate to the benefits
to be derived from the proposed project, the board may order the
acquisition, improvement or maintenance of the lands considered in
the commission's report in accordance with the board's findings.



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 indebtedness and levy taxes, all in
the same manner and to the same extent as in the improvement,
development, protection or maintenance of the harbor for which the
district was originally formed, and shall in all other respects have
the same general powers and duties with respect to the acquisition,
improvement or maintenance of such lands as it has with respect to
the original harbor for which the district was formed.
The board may issue no bonds hereunder unless the incurring of the
bonded indebtedness for the acquisition, improvement or maintenance
of such lands shall first have been approved at an election held in
the manner provided in Article 3, (commencing with Section 5859)
Chapter 1, Part 2, Division 8 of this code, and pursuant to the
provisions of that article with reference to the incurring of bonded
indebtedness.

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 the solicitation of business
within or without the district, in other states, or in foreign
countries, through employees or agencies as are expedient, and it may
organize, promote, conduct, and advertise programs of community
recreation and the advantages of the district's park and recreational
facilities.
Nothing in this section authorizes revenues derived from tide and
submerged lands granted in trust by the state to a district, or from
lands acquired with those trust revenues, to be used by the district
for any purpose other than for proper trust purposes on the granted
lands, or for the acquisition, improvement, and maintenance of
property adjacent to the granted lands when the property is necessary
to further the purposes of the trust grant.



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 the provisions of subdivision (b) of Section 65560 of the
Government Code, except that such term shall not include open-space
land, as defined in paragraph (2) of such subdivision.
The provisions of Section 5900.4 shall not apply to the
acquisition of forest lands, rangeland, or agricultural lands when
the acquisition is for the purpose of establishing hiking, bicycling,
or equestrian trails or where the lands are being acquired for their
scenic or aesthetic values.


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 to acquire, develop, operate, and
maintain inland parks and recreation areas pursuant to this chapter.



5951. If the district is authorized to acquire, develop, operate,
and maintain inland parks and recreation areas, the board of
supervisors shall, by resolution, adopt a new name for the district
which will reflect its new duties and responsibilities.




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 shall be devoted to that purpose until
such time as the total expenditure of district and county funds for
land, structures, and improvements which is used for inland park and
recreation purposes shall have equaled the total expenditure of
district and county funds for land, structures, and improvements
which is used for beach and harbor purposes. Thereafter, the
district shall devote at least 50 percent of its annual expenditures
averaged over each five-year period for inland park and recreation
purposes.



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 local taxation within
the district shall be included and the district shall be both charged
and credited with the expenditures for land, structures, and
improvements made by the county in which the district is located,
both for beach and harbor purposes and for inland park and
recreational purposes. Within 90 days after the effective date of
this section, the auditor-controller of the county in which the
district is located shall report to the board of supervisors the
moneys raised by local taxation for land, structures, and
improvements by the district and by the county for beach and harbor
purposes and inland park and recreational purposes. The future
annual expenditures, at the ratio set forth in Section 5952, shall be
for those expenditures paid from funds raised by the levy of taxes
by the district.



5954. In acquiring, developing, operating, or maintaining inland
parks and recreaton areas, the district shall follow and comply with,
as nearly as possible, the procedures provided in Chapter 5
(commencing with Section 5940) of this part in regard to the
acquisition, improvement, or maintenance of lands for public beaches.




5955. Notwithstanding the provisions of Sections 5940 to 5954,
inclusive, the district may acquire, develop, operate, or maintain
public beaches or inland parks and recreation areas without holding
the hearings and making the findings required by such provisions if
there is compliance with Section 21151 of the Public Resources Code
and Section 65402 of the Government Code; provided, however, that the
board of supervisors shall hold at least one public hearing prior to
the approval of any such project. Harbor improvement district funds
may be expended prior to the public hearing for the purpose of
obtaining compliance with Section 21151 of the Public Resources Code
and Section 65402 of the Government Code.


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 maintained by the district, and
may sell, lend, or exchange the material, according to the
established custom of museums.