CCLME.ORG - HNC Division 8 (commencing with HNC 5800)
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(continued) o set aside for the purpose of payment of said
principal and interest.



6092. The taxes shall be levied upon all of the taxable property
within the district taxable for county purposes and are in addition
to all other taxes levied for all other county purposes and shall be
collected at the same time and in the same manner as other county
taxes are collected and shall be used for no purpose other than for
the payment of the bonds and accrued interest.



6092.5. A district may impose a special tax pursuant to Article 3.5
(commencing with Section 50075) of Chapter 1 of Part 1 of Division 1
of Title 5 of the Government Code. The special taxes shall be
applied uniformly to all taxpayers or all real property within the
district, except that unimproved property may be taxed at a lower
rate than improved property.



6093. On or before June 15 of each year, the district board shall
estimate and determine the amount of money required by the harbor
district and shall adopt a preliminary budget which shall be divided
into the following main classes:
(a) Ordinary annual expenses.
(b) Capital outlay and capital outlay fund.
(c) Prior indebtedness.



6093.1. On or before June 15 of each year, the board shall publish
a notice pursuant to Section 6061 of the Government Code throughout
the district stating both of the following:
(a) That the preliminary budget has been adopted and is available
at a time and at a place within the district specified in the notice
for inspection by interested taxpayers.
(b) That on a specified date not less than one month after the
publication of the notice and at a specified time and place, the
district board will meet for the purposes of fixing the final budget,
and that any taxpayer may appear and be heard regarding the
increase, decrease, or omission of any item in the budget or for the
inclusion of additional items.



6093.2. At the time and place designated in the published notice
for the meeting, any taxpayer may appear and be heard regarding the
increase, decrease or omission of any item in the budget or for the
inclusion of additional items. The hearing on the budget may be
continued from time to time.



6093.3. The district board shall report the final budget to the
board of supervisors after the budget hearing but not later than the
first day of August each year after making any changes in the
preliminary budget it deems advisable during or after the hearing,
including deductions, increases or additions.



6093.4. The board of supervisors shall at the time of levying the
county taxes, levy a tax upon all the taxable property within the
district sufficient to meet the amounts set forth in the final budget
submitted by the district board; provided, that no taxes shall be
levied for any capital outlay or capital outlay fund included in the
final budget submitted by the district board, if not less than 10
percent of the qualified electors of the district have signed a
petition filed with the board of supervisors protesting the levy for
any capital outlay or capital outlay fund included in the final
budget submitted by the district board, or if a written protest
against the proposed capital outlay or capital outlay fund signed by
a majority in number of the assessees of real property representing
one-half or more of the assessed valuation of the taxable real
property within the district, as shown by the last preceding
equalized assessment roll, is filed with the board of supervisors,
the board of supervisors shall delete said levy for capital outlay or
capital outlay fund from the final budget before levying a tax to
raise the amount required by the final budget. Such protest petition
must be filed with the board of supervisors not later than five days
prior to the final day on which the board of supervisors is required
by law to make the annual tax levy. The money when collected by the
tax collector of the county shall be paid to the treasurer of said
district; provided further, that any levy for capital outlay or for
capital outlay fund shall not exceed three cents ($0.03) per one
hundred dollars ($100) assessed valuation of all the real and
personal property in the district.



6094. (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 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.

6095. 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.

6100. Pursuant to this chapter a district may create a revenue bond
indebtedness for the acquisition and construction, or acquisition or
construction of any improvements or property or facilities contained
within its powers.


6101. The issuance of said bonds shall be authorized by ordinance
adopted by two-thirds of all the members of the board, to take effect
upon its publication.


6102. The secretary shall publish said ordinance once in a
newspaper of general circulation printed in said district, and if
there is none, then in such newspaper published in the county in
which said district is located.


6103. The ordinance shall specify the total amount, denomination,
method of maturity, and the rate or maximum rate of interest of the
bonds, whether other parity revenue bonds may be issued, and in
general terms, the acquisitions and improvements to be constructed
thereby; and, in addition, shall contain other and further provisions
as in the judgment of the board are deemed advisable.



6104. The proceeds of said bonds shall be placed in an account in
the treasury of the district to be entitled ____ Harbor District
Revenue Construction Fund No. ____, and used exclusively for the
objects and purposes mentioned in the ordinance.




6105. (a) The lien of the bonds of the same issue shall be prior
and superior to all revenue bonds subsequently issued.
(b) The district shall only issue parity revenue bonds if the
district board determines, based on an audit of the district's
finances conducted under generally accepted accounting principles,
that both of the following conditions exist:
(1) The district is not in default in the repayment of any prior
issuance of its bonds.
(2) The net revenues of the district for the prior fiscal year
have amounted to at least 125 percent of the maximum annual debt
service in any fiscal year thereafter, including all indebtedness
incurred as the result of additional issues of bonds.
(A) For purposes of calculating the net revenues of the district
for the prior fiscal year pursuant to this paragraph, the district
may include up to 75 percent of the district's estimated additional
annual net revenue to be derived from either of the following:
(i) Any additions, improvements, or extensions to the district's
properties, works, or facilities, or the pro rata portion thereof,
which were not in service during the prior fiscal year, and that
were, or are to be, made using funds from any source, including, but
not limited to, the parity revenue bonds.
(ii) Any increase in the charges made for the district's services
that became effective prior to the authorization of the parity
revenue bonds but which were not in effect during the prior fiscal
year.


6106. Proceedings for the issuance of the bonds shall commence, the
board shall have those powers and duties, and the bondholders shall
have those rights and remedies provided in Sections 54344 to 54346,
inclusive, Sections 54347, 54348, 54350, 54351, 54352, and Article 4
(commencing with Section 54400) to Article 11.5 (commencing with
Section 54664), inclusive, of Chapter 6 of Part 1 of Division 2 of
Title 5 of the Government Code. As used in those provisions,
"resolution" means ordinance, "local agency" means district, and
"legislative body" means board.

6110. There may be annexed to a district any of the following
territory which is in the same county as the district, or in any
other county:
a. Any territory contiguous to the district.
b. Any territory, any point of which touches the district.
c. Any territory separated from the district by a "separating
barrier," which term includes a street, road, highway, railway line,
railway crossing, railway right-of-way, watercourse, lagoon, or other
natural barrier.
d. Any territory specified in this section may consist of one or
more separate parcels of land, but it is not necessary that all
parcels shall constitute in the aggregate one tract of land.