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State
California
HNC Sec 6000-6110 Harbor Districts (HARBOR AND PORT DISTRICTS)


HARBORS AND NAVIGATION CODE
SECTION 6000-6110





6000. "Harbor," as used in this part, includes any bay, harbor,
inlet, river, channel, slough, or arm of the sea, in which the tides
of the Pacific Ocean ebb and flow or in which tides are affected by
the Pacific Ocean.


6001. "Board," as used in this part, means the commission or board
having the management or control of the improvements, development,
protection and maintenance of any harbor district established or
formed pursuant to this part.


6002. "District," as used in this part, refers to a district formed
pursuant to this part.



6010. A county or portion of a county or city or portion of a city
or more than one city with or without a portion of the unincorporated
territory of a county, the exterior boundary of which includes a
harbor, may be formed into a harbor district for the improvement or
development of the harbor upon proceedings being taken pursuant to
this part.



6011. Whenever fifty or more persons in any area which may be
formed into a district pursuant to this part, desire the formation of
a district for the improvement or development of a harbor, they may
sign and present to the board of supervisors of the county in which
the harbor is situated, a petition in writing.



6012. The petition shall contain:
(a) The name of the proposed district.
(b) The official name or names by which the harbor is commonly
known.
(c) The exterior boundaries of the proposed district which shall
include the whole or a portion of the harbor proposed to be improved
or developed and which may include any of the following alternatives:

(1) All or a portion of a county.
(2) All or a portion of a city.
(3) All of one or more cities.
(4) All of one or more cities and unincorporated territory
situated in any county.
(d) A general description of the improvement and development work
proposed to be done in the harbor, which work may include the
dredging of channels, shipways, berths, anchorage places and turning
basins, the construction of jetties, breakwaters, bulkheads,
seawalls, wharves, ferry slips, warehouses, roads and spur tracks or
belt line railways, together with any other work necessary for the
development and improvement of the harbor.
(e) A request that the territory included within such boundaries
be formed into a district for the improvement and development of the
harbor.



6013. Each signer of the petition shall be a registered voter,
resident and freeholder within the proposed district.



6014. The petition shall be published for a least two weeks
preceding the hearing thereon in a newspaper of general circulation
printed in the proposed district, if there is such a newspaper so
printed. If not, publication shall be so made in a newspaper
published in the county.
With the petition there shall be published a notice signed by not
exceeding three of the petitioners, setting forth the day, hour and
place at which the petition will be presented to the board of
supervisors of the county for hearing, which date shall not be less
than twenty nor more than forty days from the first publication. All
persons interested may appear at that time and place before the
board of supervisors and be heard.

6020. 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 90 days.
At the hearing by the board of supervisors a certificate issued by
the assessor of the county and filed with the clerk of the board of
supervisors in the proceedings stating that the name of any signer of
the petition appears upon the last equalized assessment roll of the
county for land assessed to that signer 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 that the
name of any signer of the petition is a registered and uncanceled
voter of the county, residing within the boundaries of the proposed
district, is prima facie evidence that the signer is a registered
voter within the boundaries of the proposed district.



6021. 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.
The board of supervisors may also change the exterior boundaries
of the proposed district by adding to the district and including
therein other contiguous lands which will be benefited by the
improvement or development of the harbor.


6022. Land may not be added to or included in the proposed district
until notice is served upon the owner of the lands affected.
The notice may be served personally upon the owner or be published
for the same period of time in the same newspaper as the original
petition and notice of hearing.
The notice shall state the day, hour and place at which any
objections of the owner will be heard and shall generally describe
the lands affected.


6023. The board of supervisors shall investigate and determine
whether or not the improvement and development work generally
described in the petition is feasible and whether, when completed, it
will result in the improvement and development of the harbor and
become a benefit to the property within the district.
If it appears, and the board of supervisors finds, that it is
necessary in order to make sufficient and adequate investigation upon
which to determine such questions to continue the hearing beyond
ninety days, the board of supervisors may do so, but the hearing
shall be completed within six months from the date of the
presentation of the petition.



6024. Upon the completion of the hearing, the board of supervisors
shall have a finding of facts entered upon the minutes 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 proposed district.
(d) The harbor can be improved and developed as generally
described in the petition.


6025. The findings of fact 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.



6026. The findings are conclusive evidence of the existence of
every fact so 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 notices and vest the board of supervisors
with authority to proceed pursuant to this part.

6030. The board of supervisors shall have entered in its minutes an
order finally determining and establishing the exterior boundaries
of the proposed district, and it shall pass a resolution calling an
election within the district for the purpose of submitting to the
qualified voters the proposition of the formation of the district.




6031. The board of supervisors, by resolution, shall fix the date
of the election, which shall not be less than 130 days from the date
of its passage and it shall divide the proposed district into one or
more voting precincts and generally describe or otherwise designate
the boundaries of each precinct and designate a place within each
precinct at which the polls will be opened for the purpose of the
election on the day of the election.



6032. The board of supervisors for the first election in the
proposed district and the board at any subsequent election in the
district, shall appoint a board of election for each precinct,
consisting of at least one inspector, one judge and one clerk. Each
member of the board of election shall be a registered elector of and
reside within the precinct for which he is appointed.



6033. The resolution shall also prescribe the manner of voting for
or against the formation of the district, and in all particulars not
recited in the resolution or otherwise provided for in this part, the
election shall be held in accordance with the general election laws,
so far as they are applicable. It is not necessary to mail or send
out sample ballots or precinct polling cards.



6034. The resolution shall invite the qualified voters residing in
the district to vote upon the propositions of its formation and the
election of a board.


6035. The ballot to be used at the election shall be substantially
in the following form:

(Name) Harbor District Official Ballot

Instructions to voters: to vote in favor of the formation of the
harbor district, mark in the voting area at the right of the words
"For the harbor district." To vote against the formation of the
harbor district mark in the voting area at the right of the words
"Against the harbor district." To vote for a candidate for harbor
commissioner mark after the name of the candidate; but no more
persons shall be voted for than there are offices of harbor
commissioner to be filled at this election.
All erasures and distinguishing marks are forbidden and make the
ballot void. If you wrongfully stamp, tear or deface this ballot,
return it to the inspector of election and obtain another.
"For the harbor district."
"Against the harbor district."
"For harbor commissioners."



6036. The official ballot at the first election in the proposed
district shall provide voting squares after the words "For the harbor
district" and after the words "Against the harbor district" and
shall also have printed thereon the names of all candidates for
harbor commissioner, together with five blank spaces for the purpose
of permitting an elector to write in the name of a candidate, with
voting squares after the name of each candidate and the five blank
spaces.
All official ballots used at any subsequent election in the
district shall conform, as near as practicable, to the above ballot,
excepting that all reference to voting for or against the formation
of the district shall be eliminated; and any question or proposition
authorized to be submitted to the voters of the district may be
placed on the ballot in addition to the names of any candidate or
candidates for harbor commissioner.



6037. The resolution calling the first election and the resolution
of the board calling any subsequent election shall be published
pursuant to Section 6066 of the Government Code in a newspaper
published, printed and circulated in the district.
The passage and publication of the resolution of the board of
supervisors calling the first election and the passage and
publication of the resolution of the board calling any subsequent
election and publication, as provided for in this part, constitute
the notice of election and other or additional notice need not be
given.



6037.1. Within five days after the district formation election has
been called, the legislative body which has called the election shall
transmit, by registered mail, a written notification of the election
call to the executive officer of the local agency formation
commission of the county or principal county in which the territory
or major portion of the territory of the proposed district is
located. Such written notice shall include the name and a
description of the proposed district, and may be in the form of a
certified copy of the resolution adopted by the legislative body
calling the district formation election.
The executive officer, within five days after being notified that
a district formation election has been called, shall submit to the
commission, for its approval or modification, an impartial analysis
of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and
shall include a specific description of the boundaries of the
district proposed to be formed.
The local agency formation commission, within five days after the
receipt of the executive officer's analysis, shall approve or modify
the analysis and submit it to the officials in charge of conducting
the district formation election.


6037.2. 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 to vote on the district formation
proposition, or any combination of such voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed
with the officials in charge of conducting the election not less than
54 days prior to the date of the district formation election.




6037.3. 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 prescribed, such election officials shall
select one of the arguments for printing and distribution to the
voters.
In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
following:
(a) The board of supervisors or any member or members of the board
authorized by the board.
(b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.



6037.4. 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 printed and mailed to each
voter entitled to vote on the district formation question.
The ballot pamphlet shall contain the following in the order
prescribed:
(a) The complete text of the proposition.
(b) The impartial analysis of the proposition, prepared by the
local agency formation commission.
(c) The argument for the proposed district formation.
(d) The argument against the proposed district formation.
The elections officials shall mail a ballot pamphlet to each voter
entitled to vote in the district formation election at least 10 days
prior to the date of the election. The a ballot pamphlet is
"official matter" within the meaning of Section 13303 of the
Elections Code.



6038. On the day of any election held pursuant to this part, the
polls at each of the polling places designated, shall be opened and
closed as provided in Section 14212 of the Elections Code.



6039. When the polls are closed, the board of election in every
precinct at the election to be held for the formation of the
district, shall close the polls in accordance with the general laws
governing the election, and deposit the ballots with the county
elections official in the county in which the election is held. At
all subsequent elections, the returns shall be deposited with the
board.


6040. The board of supervisors at its first regular meeting after
the date of the election for the formation of the district shall
canvass all of the returns of the election and shall have a finding
entered in the minutes of the meeting showing the number of votes
cast in each precinct for and against the district and the total
number of votes cast and the names of the harbor commissioners for
whom the votes were cast.



6041. If from the canvass it appears and the board of supervisors
finds that a majority of the votes were cast in favor of the
formation of the district, it shall enter that fact upon its minutes,
together with a description of the boundaries of the district, its
name, the official name or names by which the district is commonly
known and enter its order declaring the district duly formed and
existing in the county in which the proceedings were had. The board
of supervisors shall also make an order declaring the five candidates
for harbor commissioner receiving the highest number of votes to
have been elected to such office and cause a certificate of election
to be issued to the successful candidates.



6042. The clerk of the board of supervisors shall thereupon make up
and certify a copy of the minutes and order and transmit them to the
Secretary of State.


6043. The Secretary of State shall file the certificate in his
office and within five days thereafter execute under the great seal
of the State and transmit to the clerk of the county in which the
proceedings were had, his certificate that a harbor district under
the name set forth in the petition has been formed and exists in that
county.



6044. The clerk of the board of supervisors shall file the
certificate in his or her office and from 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.




6045. An action or proceeding shall not be thereafter maintained or
prosecuted in any court whatever to test or to invalidate the
formation of the district 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.

6030. The board of supervisors shall have entered in its minutes an
order finally determining and establishing the exterior boundaries
of the proposed district, and it shall pass a resolution calling an
election within the district for the purpose of submitting to the
qualified voters the proposition of the formation of the district.




6031. The board of supervisors, by resolution, shall fix the date
of the election, which shall not be less than 130 days from the date
of its passage and it shall divide the proposed district into one or
more voting precincts and generally describe or otherwise designate
the boundaries of each precinct and designate a place within each
precinct at which the polls will be opened for the purpose of the
election on the day of the election.



6032. The board of supervisors for the first election in the
proposed district and the board at any subsequent election in the
district, shall appoint a board of election for each precinct,
consisting of at least one inspector, one judge and one clerk. Each
member of the board of election shall be a registered elector of and
reside within the precinct for which he is appointed.



6033. The resolution shall also prescribe the manner of voting for
or against the formation of the district, and in all particulars not
recited in the resolution or otherwise provided for in this part, the
election shall be held in accordance with the general election laws,
so far as they are applicable. It is not necessary to mail or send
out sample ballots or precinct polling cards.



6034. The resolution shall invite the qualified voters residing in
the district to vote upon the propositions of its formation and the
election of a board.


6035. The ballot to be used at the election shall be substantially
in the following form:

(Name) Harbor District Official Ballot

Instructions to voters: to vote in favor of the formation of the
harbor district, mark in the voting area at the right of the words
"For the harbor district." To vote against the formation of the
harbor district mark in the voting area at the right of the words
"Against the harbor district." To vote for a candidate for harbor
commissioner mark after the name of the candidate; but no more
persons shall be voted for than there are offices of harbor
commissioner to be filled at this election.
All erasures and distinguishing marks are forbidden and make the
ballot void. If you wrongfully stamp, tear or deface this ballot,
return it to the inspector of election and obtain another.
"For the harbor district."
"Against the harbor district."
"For harbor commissioners."



6036. The official ballot at the first election in the proposed
district shall provide voting squares after the words "For the harbor
district" and after the words "Against the harbor district" and
shall also have printed thereon the names of all candidates for
harbor commissioner, together with five blank spaces for the purpose
of permitting an elector to write in the name of a candidate, with
voting squares after the name of each candidate and the five blank
spaces.
All official ballots used at any subsequent election in the
district shall conform, as near as practicable, to the above ballot,
excepting that all reference to voting for or against the formation
of the district shall be eliminated; and any question or proposition
authorized to be submitted to the voters of the district may be
placed on the ballot in addition to the names of any candidate or
candidates for harbor commissioner.



6037. The resolution calling the first election and the resolution
of the board calling any subsequent election shall be published
pursuant to Section 6066 of the Government Code in a newspaper
published, printed and circulated in the district.
The passage and publication of the resolution of the board of
supervisors calling the first election and the passage and
publication of the resolution of the board calling any subsequent
election and publication, as provided for in this part, constitute
the notice of election and other or additional notice need not be
given.



6037.1. Within five days after the district formation election has
been called, the legislative body which has called the election shall
transmit, by registered mail, a written notification of the election
call to the executive officer of the local agency formation
commission of the county or principal county in which the territory
or major portion of the territory of the proposed district is
located. Such written notice shall include the name and a
description of the proposed district, and may be in the form of a
certified copy of the resolution adopted by the legislative body
calling the district formation election.
The executive officer, within five days after being notified that
a district formation election has been called, shall submit to the
commission, for its approval or modification, an impartial analysis
of the proposed district formation.
The impartial analysis shall not exceed 500 words in length and
shall include a specific description of the boundaries of the
district proposed to be formed.
The local agency formation commission, within five days after the
receipt of the executive officer's analysis, shall approve or modify
the analysis and submit it to the officials in charge of conducting
the district formation election.


6037.2. 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 to vote on the district formation
proposition, or any combination of such voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
Arguments shall not exceed 300 words in length and shall be filed
with the officials in charge of conducting the election not less than
54 days prior to the date of the district formation election.




6037.3. 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 prescribed, such election officials shall
select one of the arguments for printing and distribution to the
voters.
In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
following:
(a) The board of supervisors or any member or members of the board
authorized by the board.
(b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.



6037.4. 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 printed and mailed to each
voter entitled to vote on the district formation question.
The ballot pamphlet shall contain the following in the order
prescribed:
(a) The complete text of the proposition.
(b) The impartial analysis of the proposition, prepared by the
local agency formation commission.
(c) The argument for the proposed district formation.
(d) The argument against the proposed district formation.
The elections officials shall mail a ballot pamphlet to each voter
entitled to vote in the district formation election at least 10 days
prior to the date of the election. The a ballot pamphlet is
"official matter" within the meaning of Section 13303 of the
Elections Code.



6038. On the day of any election held pursuant to this part, the
polls at each of the polling places designated, shall be opened and
closed as provided in Section 14212 of the Elections Code.



6039. When the polls are closed, the board of election in every
precinct at the election to be held for the formation of the
district, shall close the polls in accordance with the general laws
governing the election, and deposit the ballots with the county
elections official in the county in which the election is held. At
all subsequent elections, the returns shall be deposited with the
board.


6040. The board of supervisors at its first regular meeting after
the date of the election for the formation of the district shall
canvass all of the returns of the election and shall have a finding
entered in the minutes of the meeting showing the number of votes
cast in each precinct for and against the district and the total
number of votes cast and the names of the harbor commissioners for
whom the votes were cast.



6041. If from the canvass it appears and the board of supervisors
finds that a majority of the votes were cast in favor of the
formation of the district, it shall enter that fact upon its minutes,
together with a description of the boundaries of the district, its
name, the official name or names by which the district is commonly
known and enter its order declaring the district duly formed and
existing in the county in which the proceedings were had. The board
of supervisors shall also make an order declaring the five candidates
for harbor commissioner receiving the highest number of votes to
have been elected to such office and cause a certificate of election
to be issued to the successful candidates.



6042. The clerk of the board of supervisors shall thereupon make up
and certify a copy of the minutes and order and transmit them to the
Secretary of State.


6043. The Secretary of State shall file the certificate in his
office and within five days thereafter execute under the great seal
of the State and transmit to the clerk of the county in which the
proceedings were had, his certificate that a harbor district under
the name set forth in the petition has been formed and exists in that
county.



6044. The clerk of the board of supervisors shall file the
certificate in his or her office and from 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.




6045. An action or proceeding shall not be thereafter maintained or
prosecuted in any court whatever to test or to invalidate the
formation of the district 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.

6060. The commissioners shall serve without salary until the yearly
gross income of the district, exclusive of taxes levied by the
district, exceeds twenty thousand dollars ($20,000) per year, when
the board may, by ordinance, fix their salaries, which shall not
exceed the sum of six hundred dollars ($600) per month each.
In addition to any salary received pursuant to this section, the
commissioners shall be allowed any actual and necessary expenses
incurred in the performance of their duties. Reimbursement for these
expenses is subject to Sections 53232.2 and 53232.3 of the Government
Code.


6061. The board shall fix the compensation or salary of all
subordinate officers or employees of the district.



6062. The board shall provide for a yearly audit of its books by a
certified public accountant or a public accountant and compile a
statement of its finances. The statement shall be open to the
inspection of any qualified electors of the district.




6063. The board shall hold at least one meeting a month, at such
time as is fixed by ordinance of the board. The meeting shall be
held within the district and shall be open to the public.



6064. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.

6070. Except as otherwise provided in Section 660, the board may
pass all necessary ordinances for the regulation of the district,
including, but not limited to, ordinances to provide for the
protection and safety of persons or the property of persons using
district facilities, and persons and property in and upon waters
subject to the jurisdiction of the district, and adjacent property
owned or controlled by the district.



6070.2. Before any ordinance may be adopted, the violation of which
shall be a misdemeanor, a notice shall be published once in a
newspaper of general circulation published within the district, or if
none, in any newspaper of general circulation published in the
county in which the district, or a part thereof, is located, stating
generally the nature of the ordinance proposed, stating where and
when a copy thereof may be inspected, and specifying the date, not
less than 20 days from the date of publication of such notice, on
which the board will meet for the purpose of adopting the ordinance.
The ordinance shall become effective immediately upon adoption by
the board, unless another effective date is set forth by the board.




6070.4. Every person who violates any of the provisions of a
district ordinance adopted pursuant to Sections 6070 and 6070.2 is
guilty of a misdemeanor.


6070.6. 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 violation of district ordinances in
the manner provided by Chapter 5c (commencing with Section 853.6) of
Title 3, Part 2 of the Penal Code.


6071. It may employ engineers, attorneys and any other officers and
employees necessary in the work of the district. It shall appoint a
treasurer, who shall hold office at the pleasure of the board, and
whose duty it shall be to receive and safely keep all moneys of the
district. He shall comply with all provisions of law governing the
deposit and securing of public funds. He shall pay out moneys only
on warrants duly authorized by the board and not otherwise; provided,
however, that no warrants need be issued for the payment of
principal and interest on bonds of the district. He shall at regular
intervals, at least once each month, submit to the secretary of the
district a written report and accounting of all receipts and
disbursements and fund balances, a copy of which report he shall file
with the board.
The treasurer may appoint a deputy or deputies for whose acts he
and his bondsman shall be responsible. Such deputy or deputies shall
hold office subject to the pleasure of the treasurer and shall
receive such compensation as may be provided by the board. Said
treasurer shall execute a bond covering the faithful performance by
him of the duties of his office and his duties with respect to all
moneys coming into his hands as treasurer in such amount as shall be
fixed by resolution of said board. The surety bond herein required
shall be executed only by a surety company authorized to do business
in the State of California and the premium therefor shall be paid by
the district out of its general fund. Said bond shall be approved by
the board and filed with the secretary of the district. Said
treasurer before entering upon the duties of his office shall take
and file with the secretary of the district the oath of office
required by the Constitution of this State.



6072. It may sue and be sued in the name of the district in all
courts and tribunals of competent jurisdiction.



6073. It may adopt a seal.



6074. It may take by grant, purchase, gift, devise, lease or
otherwise acquire, hold and enjoy and lease and dispose of real and
personal property of every kind, within or without the district,
necessary to the full or convenient exercise of its power.




6075. Notwithstanding Section 6012:
(a) A harbor district may acquire, construct, own, operate,
control, or develop any and all harbor works or facilities within the
limits of its established boundaries. No interest in lands may be
acquired, either by lease, purchase, or the exercise of the power of
eminent domain within any port district, chartered port, harbor
improvement district, incorporated city, or recreational harbor
district without the prior consent to the acquisition by resolution
of the governing body of each district, port, or city in which the
lands are located.
(b) Notwithstanding subdivision (a), a harbor district that does
not operate on tide and submerged lands that have been granted by
legislative enactment may acquire, construct, own, operate, control,
or develop any and all harbor works or facilities within or outside
the boundaries of the district. No interest in lands may be
acquired, either by lease, purchase, or the exercise of the power of
eminent domain within any port district, chartered port, harbor
improvement district, incorporated city, county, or recreational
harbor district without the prior consent to the acquisition by
resolution of the governing body of the district, port, city, or
county in which the lands are located.



6076. It may exercise the right of eminent domain to take any
property necessary or convenient to the exercise of its powers.



6077. It may borrow money and incur indebtedness and issue bonds or
other evidence of indebtedness. All bond elections called by the
board shall be conducted and held pursuant to Article 1 (commencing
with Section 43600) of Chapter 4 of Division 4, Title 4 of the
Government Code.
When in that article, the word "city" is used it includes the
district and whenever the words "legislative body" are used they mean
the board.
The purposes for which bonded indebtedness may be incurred by the
district are described in Section 6075.
All bonds issued shall be signed by the board and a district shall
not incur a bonded indebtedness which in the aggregate exceeds 15
percent of the assessed value of all the real and personal property
in the district.



6077.1. Whenever the improvement and development work for which any
issue of bonds has been voted has been constructed and the proceeds
of the bonds sold have not been entirely expended, the board may by
resolution order that the unexpended proceeds be placed in the fund
provided for the purpose of paying principal and interest of said
bonds or said board may by resolution direct that all or a part of
said unexpended proceeds be used for the purpose of purchasing
outstanding bonds of said district. Said bonds may be purchased only
after the publication at least twice in a newspaper of general
circulation in the district of a notice inviting sealed proposals for
the sale of bonds to the district. The notice shall state the time
and place when the proposals will be opened and the amount of money
available for the purchase of the bonds. The legislative body may
reject any or all proposals and if it rejects all thereof, may within
a period of thirty days thereafter purchase for cash any outstanding
bonds of the district but in that event the purchase price shall not
be more than the lowest purchase price at which bonds were tendered
to the district in the public bidding.
Any bonds purchased under the authority of this section shall be
canceled immediately.



6077.2. It may provide for, and supervise pilots and the pilotage
of sea-going vessels within the harbor and it may regulate and
control the anchoring, mooring, towing, and docking of all vessels.



6077.3. It may perform the functions of warehousemen, stevedores,
lighterers, reconditioners, shippers and reshippers of properties of
all kinds.


6077.4. It may manage the business of the district and promote the
maritime and commercial interest by proper advertisement of its
advantages and by the solicitation of business within or without the
district, within other States or in foreign countries, through such
employees or agencies as are expedient.



6077.5. A harbor district may acquire, purchase, takeover,
construct, maintain, operate, develop, and regulate grain elevators,
bunkering facilities, belt or other railroads, floating plants,
lighterage, towage facilities, and any and all other facilities,
aids, equipment, or property necessary for, or incident to, the
development and operation of a harbor or for the accommodation and
promotion of commerce, navigation, or fishery in the harbor district.



6077.5.5. Notwithstanding any other provision of this part, the
Oxnard Harbor District may acquire, purchase, take over, construct,
maintain, operate, develop, and regulate airports and roads with the
prior consent of each district, port, city, or county in which the
lands are located.



6077.6. A harbor district may by resolution order that all or any
of the funds under its control and not necessary for current
operating expenses be invested in accordance with Section 53601 of
the Government Code.


6078. The board may do all other acts necessary and convenient for
the full exercise of its powers.



6079. The board shall by ordinance fix the rate of wharfage charges
and other charges which are appropriate for the use of any of the
facilities owned and constructed or services furnished or provided by
the district.


6081. By resolution, the board may provide for the creation and
accumulation of a fund for capital outlays.



6082. At any time after the creation of the fund, the board may
transfer to the capital outlay fund any unencumbered surplus funds
raised for any purpose whatever, remaining on hand at the end of any
fiscal year or years.


6083. The capital outlay fund shall remain inviolate for the making
of any capital outlays and the money shall not be disbursed from the
fund except for such a purpose unless the district board submits a
proposition to the electors of the district to obtain their consent
to use the money in the fund for some other specific purpose. The
proposition may be submitted at any election. A two-thirds vote of
all the voters voting at the election is necessary to authorize the
expenditure of the money for such other purpose.



6084. (a) Notwithstanding any other provision of this part, the
board may borrow money by issuance of promissory notes, or execute
conditional sales contracts to purchase personal property, in an
amount or of a value not exceeding in the aggregate at any one time
the sum of one million dollars ($1,000,000), for the purposes of
acquiring land for and constructing or operating any work, project,
or facility authorized by subdivision (d) of Section 6012 or Section
6075 or for the making of improvements or the purchase of equipment
or for the maintenance thereof.
All moneys borrowed pursuant to this section shall not be borrowed
for a term exceeding five years, and the indebtednesses shall not
incur a rate of interest in excess of 12 percent per annum. The
indebtedness shall be authorized by a resolution of the board of
commissioners adopted by a two-thirds vote of the members of the
board.
As a condition precedent to the borrowing of any money or the
execution of any conditional sales contract, as provided in this
section, in excess of one hundred thousand dollars ($100,000), the
board shall first by a two-thirds vote approve by resolution and have
on file a report on the engineering and economic feasibility
relating to the project contemplated for the expenditure of the
borrowed money or conditional sales contract. The feasibility report
shall be prepared and signed by an engineer or engineers licensed
and registered under the laws of the State of California.
The district shall budget, levy, and collect taxes and pay for all
indebtedness without limitation by any other provision of this part.

(b) Subdivision (a) does not apply to any money borrowed from any
agency or department of the United States government or of the State
of California.



6084.2. (a) A district may issue limited obligation notes after the
adoption, by a four-fifths vote of all the commissioners of the
board, of a resolution reciting each of the following:
(1) That the resolution is being adopted pursuant to this
subdivision.
(2) The purposes of incurring the indebtedness.
(3) The estimated amount of the indebtedness.
(4) The maximum amount of notes to be issued, and the source of
revenue or revenues to be used to secure the limited obligation
notes.
(5) The maturity date of the limited obligation notes.
(6) The form of the limited obligation notes.
(7) The manner of execution of the limited obligation notes.
(b) The resolution may also provide for one or more of the
following matters:
(1) Insurance for the limited obligation notes.
(2) Procedures in the event of default, terms upon which the
limited obligation notes may be declared due before maturity, and the
terms upon which that declaration may be waived.
(3) The rights, liabilities, powers, and duties arising upon the
district's breach of an agreement with regard to the limited
obligation notes.
(4) The terms upon which the holders of the limited obligation
notes may enforce agreements authorized by this section.
(5) A procedure for amending or abrogating the terms of the
resolution with the consent of the holders of a specified percentage
of the limited obligation notes. If the resolution contains this
procedure, the resolution shall specifically state the effect of
amendment upon the rights of the holders of all of the limited
obligation notes.
(6) The manner in which the holders of the limited obligation
notes may take action.
(7) Other actions necessary or desirable to secure the limited
obligation notes or tending to make the notes more marketable.
(c) The limited obligation notes shall bear interest at a rate not
exceeding the rate permitted under Article 7 (commencing with
Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code.
(d) The limited obligation notes may not mature later than 10
years after the date of the issuance of the notes, and the total
amount of the limited obligation notes outstanding at any one time
for the district may not exceed the sum of ten million dollars
($10,000,000).
(e) The agreement between the district and the purchasers of the
limited obligation notes shall state that the notes are limited
obligation notes payable solely from specified revenue of the
district. The pledged revenue shall be sufficient to pay the
following amounts annually, as they become due and payable:
(1) The interest and principal on the notes.
(2) Payments required for compliance with the resolution
authorizing issuance of the notes or agreements with the purchasers
of the notes.
(3) Payments to meet any other obligations of the district that
are charges, liens, or encumbrances on the pledged revenue.
(f) The limited obligation notes are special obligations of the
district, and shall be a charge against, and secured by a lien upon,
and payable, as to the principal thereof and interest thereon, from
the pledged revenue. If the revenue described in the authorizing
resolution is insufficient for the payment of interest and principal
on the notes, the district may make payments from any other funds or
revenues that may be applied to their payment. The revenue and any
interest earned on the revenue constitute a trust fund for the
security and payment of the interest on and principal of the notes.
(g) So long as any limited obligation notes or interest thereon
are unpaid following their maturity, the pledged revenue and interest
thereon may not be used for any other new purpose.
(h) If the interest and principal on the limited obligation notes
and all charges to protect them are paid when due, the district may
expend the pledged revenue for other purposes.
(i) Limited obligation notes of the same issue shall be equally
secured.
(j) The general fund of the district is not liable for the payment
of the principal or the interest on the limited obligation notes.
(k) The holders of the limited obligation notes may not compel the
exercise of the taxing power by the district, other than the revenue
pledged, or the forfeiture of the district's property.
(l) Every agreement shall recite in substance that the principal
of, and interest on, the limited obligation notes are payable solely
from the revenue pledged to the payment of the principal and interest
and that the district is not obligated to pay the principal or
interest except from the pledged revenue.



6085. Notwithstanding any other provision in this part, the
Crescent City Harbor District may borrow money and incur indebtedness
under Section 6077 or under Section 6084 and may accept financial or
other assistance from the state or federal government, and may
expend such funds for the acquisition, construction, development,
ownership, and leasing of fish processing plants and facilities, and
for any other buildings, plants, equipment, aids, facilities and
improvements necessary for or incident to the accommodation and
promotion of commerce and fishery in the harbor district.



6086. Notwithstanding any other provision of this part, the Port
San Luis Harbor District may operate, itself only and not pursuant to
a lease agreement with a third party, the portion of its property
known as the Port San Luis Trailer Park as a mobilehome park, as
defined in Section 798.4 of the Civil Code, until the current
occupants of the mobilehome park cease to occupy the park. When any
current occupant ceases to occupy his or her mobilehome, the real
property on which that occupant's mobilehome is located shall cease
to be used as a location for a mobilehome residence. No current
occupant of the park shall acquire, or be entitled to acquire,
through occupancy or any other means, a transferable or assumable
interest in occupancy in the park.
As used in this section, "current occupant" means any individual
occupying a mobilehome as a residence in the Port San Luis Trailer
Park on the effective date of this section.
Nothing in this section shall be construed to affect a current
occupant's right to file a claim against a local public agency as
provided in Section 905 of the Government Code.
Nothing in this section shall be construed to allow the use of
tide or submerged lands belonging to the Port San Luis Harbor
District in any manner inconsistent with the California Constitution
or with the public trust.

6090. All bonds issued pursuant to this part and Chapter 32,
Statutes of 1901, page 27, are obligations of the district and so
long as the bonds are outstanding and unpaid the board of supervisors
of the county shall at the time of fixing the general tax levy and
in the manner provided for such general tax levy until the bonds are
paid or until there is a sum in the treasury of the district set
apart for that purpose, sufficient to meet all sums coming due for
principal and interest, levy and collect annually a tax sufficient to
pay the annual interest on such bonds as it comes due and such part
of the principal thereof as will become due before the proceeds of
another tax levy made at the time of the next general tax levy for
county purposes can be made available for the payment of said
principal.
In the event the district has moneys on hand in any year
sufficient to meet all or part of the sum coming due for principal
and interest on said bonds prior to the time that the proceeds of a
tax levy made at the time of the next general tax levy for county
purposes can be made available for the payment of said principal and
interest and said moneys have been placed in a fund for the purpose
of payment of said principal and interest the amount of moneys to be
raised by the annual tax for that year may be reduced to a sum
sufficient to provide the balance of moneys necessary for the purpose
of payment of said principal and interest.
All taxes collected for the payment of principal and interest,
shall when collected by the county tax collector, be paid to the
treasurer of said district.



6091. The board shall, at least thirty days before the meeting of
the board of supervisors at which the general tax levy is fixed,
notify the board of supervisors in writing of the amount of money
necessary to be raised by taxation to meet the payment of principal
and interest on outstanding bonds which will become payable before
the proceeds of another tax levy made at the time of the next general
tax levy for county purposes can be made available for payment of
said principal and interest. In fixing the amount of money to be
raised by taxation the Board of Harbor Commissioners may take into
account all moneys on hand and set aside in a fund for the purpose of
paying said principal and interest and the amount of moneys to be
raised by taxation shall be the amount required in addition to any
moneys on hand and so set aside for the purpose of payment of said (continued)