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HNC Sec 6200-6372 Port Districts (HARBOR AND PORT DISTRICTS)
HARBORS AND NAVIGATION CODE
6200. "District," as used in this part, refers to any port district
formed pursuant to this part.
6201. "Board," as used in this part, means the board of port
commissioners described in Chapter 2 (commencing with Section 6240).
6202. This part does not repeal, modify or otherwise affect the
provisions of any other law relating to port or harbor districts, and
no other law providing for the creation of port or harbor districts
repeals, modifies or otherwise affects this part or any of its
6203. Any property owned by any city which is used or held for the
purpose of aiding or developing navigation, commerce or fishing may
be transferred to the district to be used for the same purposes, and
any lands of the State which may have been transferred to any such
city may be transferred to the district subject to the trusts and
other provisions for the transfer of the lands from the State to the
city. A city which is governed by a freeholders charter may only
transfer or turn over property if authorized by the provisions of its
charter or an amendment thereof.
6204. If any land under a navigable stream is by virtue of any work
or improvement by the United States or the State, freed from the
easement of navigation and fishing, it reverts to the district, to be
used for the purposes for which the district was organized. But if
any land is not used or held for such purposes, it reverts to the
6205. If the district is dissolved, lands which were granted to it
by a municipal corporation revert to that municipal corporation.
6210. A district may be organized pursuant to this part. It shall
include one municipal corporation and any contiguous unincorporated
territory in any one county but a municipal corporation shall not be
divided in the formation of a district.
Territory which may be annexed to a municipal corporation, which
is in a district, is by virtue of the annexation a part of the
6211. The formation of a district is initiated by a petition
presented at a regular meeting of the board of supervisors of the
county in which the proposed district is situated.
The petition shall be signed by a number of registered voters,
residing within the proposed district, equal to not less than five
per cent of the number of registered voters, residing in the
district, who voted at the last preceding general State election at
which a Governor was elected. The petition may consist of any number
6212. The petition shall state the name of the proposed district,
and describe the proposed boundaries and it shall pray that the
territory included be created a district pursuant to this part.
6213. Upon presentation, the petition shall be filed with the clerk
of the board of supervisors, and upon filing, or at its next regular
meeting, the board of supervisors shall fix a time for hearing it,
which shall not be less than thirty nor more than sixty days from the
date of filing.
6214. A notice of the time and place of the hearing of the
petition, including a copy of the petition, excepting the names
thereon, shall be published at least four times in a newspaper of
general circulation published in the territory included within the
proposed district, and in case no such newspaper is published in the
territory, then in a newspaper published in the county in which the
proposed district is situated.
6215. At the hearing of the petition, the board of supervisors
shall hear those appearing in support, and all protests or
objections. The hearing may be adjourned from time to time, not
exceeding sixty days in all.
6215.5. If the board of supervisors finds that protests have been
made, prior to its final determination for formation of the district,
by the owners of real property within the proposed district the
assessed value of which, as shown by the last equalized assessment
roll, constitutes more than one-half of the total assessed value of
the real property within the proposed district, the proceeding shall
terminate. The board of supervisors shall order the proceeding
terminated when such protests are received.
6216. The board of supervisors may make such changes in the
proposed boundaries of the district as are advisable, and it shall
define and establish the boundaries.
If the board of supervisors deems it proper to include any
territory not included within the boundaries proposed in the
petition, it shall first give notice of its intention so to do, by
publication of notice in a newspaper published in the county in which
the district is located, for two times. The hearing on a proposed
inclusion of additional territory shall not be continued beyond sixty
days after the board determines to give notice of its intention to
increase the boundaries. Within ten days of the final hearing of the
matter, the board of supervisors shall make its order fixing the
boundaries of the district.
6217. The boundaries of any district shall be fixed by the board of
supervisors so as not to include more than fifty square miles of
unincorporated territory. This area shall have a frontage upon the
waterway which it is contemplated will be improved, and the board of
supervisors shall only include within the boundaries land which will
be benefited by the creation and operation of the district.
6218. At the time of making its order fixing the boundaries of the
district the board of supervisors shall call an election to determine
whether the proposed district shall be organized.
A defect in the contents of the petition or in the title to or in
the form or publication of the notice shall not vitiate any
proceedings thereon, if the petition has a sufficient number of
6230. An election shall be held within 130 days of the call, to
determine whether the district shall be organized. The election
shall be conducted in conformity with the general election laws. At
the election the proposition shall be placed on the ballot,
permitting each voter to vote "yes" or "no."
6231. The board of supervisors shall canvass the results of the
election and if a majority of those voting have voted "yes" the
proposition is carried, and the board of supervisors shall certify
the result to the Secretary of State, who shall file it. From and
after the filing of the certificate by the Secretary of State, the
district is in existence.
6232. A certified copy of the certificate filed with the Secretary
of State, shall be recorded in the office of the county recorder in
the county in which the district is situated.
6233. Any informality in procedure or in the conduct of the
election shall not invalidate the establishment of the district.
Any proceedings in which the validity of its establishment is
denied shall be commenced within sixty days after the date of filing
in the office of the Secretary of State of the certificate mentioned
in this article. Otherwise, the establishment and legal existence of
the district and all proceedings in respect thereto are valid in
every respect and incontestable.
6240. The district shall be governed by a board of port
commissioners. The board consists of five members. Two of the
commissioners shall be appointed by the board of supervisors of the
county in which the district is located. Two of the commissioners
shall be appointed by the city council of the municipal corporation
situated in the district. The board of supervisors, together with
five members of the city council, appointed by the mayor of the
municipality in the district constitute a board of election to
appoint the other commissioner. This commissioner shall be chairman
of the board. A majority vote is necessary for the appointment of
the chairman of the board. An auditor shall be appointed by the
board of port commissioners and approved by the board of supervisors
and the city council.
6240.3. (a) The Stockton Port District shall be governed by a board
of port commissioners consisting of seven members who shall have the
qualifications prescribed by Section 6244. Three of the
commissioners shall be appointed by the Board of Supervisors of San
Joaquin County and four of the commissioners shall be appointed by
the City Council of the City of Stockton.
(b) Commissioners may be removed from office during their term at
pleasure by a two-thirds vote of the appointing authority.
(c) The terms of members of the board of port commissioners in
office on the effective date of this section shall expire on the
succeeding calendar day. Within 10 days thereafter, members of the
board of port commissioners shall be appointed in the manner
prescribed by subdivision (a). The terms of office of the members of
the board of port commissioners shall be four years from the time of
appointment, unless removed from office during their term pursuant
to subdivision (b), except that the commissioners first appointed
shall classify themselves by lot, so that the terms of such initial
members shall expire, as follows:
(1) One member January 15, 1975.
(2) Two members January 15, 1976.
(3) Two members January 15, 1977.
(4) Two members January 15, 1978.
(d) At the first meeting of the board of port commissioners, the
board shall organize by electing one of its members chairman. The
members of the board of port commissioners shall annually elect a
chairman. A chairman shall not succeed himself in office.
6240.5. The Santa Cruz Port District shall be governed by a board
of port commissioners consisting of five members, elected by the
district at large, each of whom shall be an elector of the district
at the time of his or her nomination or appointment and during his or
her entire term. The Uniform District Election Law (Part 4
(commencing with Section 10500) of Division 10 of the Elections Code)
shall govern all district elections for port commissioners.
All members of the board of port commissioners of the district
shall be elected at the general district election to be held in 1979
and shall take office as provided in the Uniform District Election
Law. The district shall continue to be governed by a board of port
commissioners appointed in accordance with this chapter until
succeeded by the board of port commissioners elected at such general
district election at noon on the last Friday in November next
following the election. The term of office of each commissioner is
four years, and as provided in the Uniform District Election Law,
except that the commissioners elected at the first general district
election shall classify themselves by lot so that the initial term of
office of two commissioners shall be two years and the initial term
of office of three commissioners shall be four years.
All vacancies occurring in the office of commissioner shall be
filled by appointment by a majority of the remaining commissioners
and as provided in Section 1780 of the Government Code.
At the first meeting of the board of port commissioners following
the general district election, the board shall organize by electing
one of its members chairperson. The members of the board of port
commissioners shall annually elect a chairperson. A chairperson
shall not succeed himself or herself in office.
6241. These appointments shall be made within thirty days after the
formation of the district.
6241.1. Port districts in Ventura County shall be governed by a
board of port commissioners consisting of five members appointed by
the mayor of the municipal corporation in the district, with the
approval of the city council.
The chairperson of the board shall be elected by the commissioners
for a term of two years. An auditor shall be appointed by the board
with the approval of the city council.
After a public hearing, the city council may remove commissioners
from office during their term for cause by a vote of not less than
five members of the city council.
6242. A vacancy on the board shall be filled by the body which
appointed the commissioner whose office is vacated, and the new
appointee shall hold his office for the unexpired term.
6243. Each commissioner shall, within ten days after his
appointment and before entering upon the discharge of the duties of
his office, take and subscribe to an oath or affirmation before an
officer authorized by law to administer oaths, that he will support
the Constitution of the United States and the Constitution of the
State of California, and will faithfully discharge the duties of his
office according to the best of his ability. The oaths or
affirmations shall be filed in the office of the district.
6244. A person shall not be appointed a member of the board unless
he is, at the time of his appointment, a taxpayer within the district
and has resided within the district for at least one year.
6245. The term of office of each commissioner is four years from
the time of his appointment, except that the chairman first appointed
shall hold office for two years, and the remaining commissioners
first appointed to the board shall classify themselves by lot, so
that they hold office respectively for one, two, three, and four
6246. The chairman is the presiding officer of the board and he
shall vote on propositions passed upon by the board.
6247. The first meeting of the board shall be held within ten days
of the appointment of its chairman. The board may make its own rules
of procedure and determine the place and time of its meeting.
6248. The board shall select one of its members vice chairman, who
shall preside in the absence of the chairman.
The board shall provide for and select such officers, except the
auditor, as it deems necessary to conduct the affairs of the
6249. The board may prescribe rules and regulations pertaining to
the selection of officers and employees of the district, other than
the auditor. It shall also fix the salary or wages of all officers
and employees of the district. The term of each officer appointed by
the board shall be during the pleasure of the board.
The board may adopt and carry into effect a contract or contracts
of group insurance or a system of group annuities or both for the
benefit of such of the officers and employees of the district as
accept the same and who have authorized the board to make deductions
from their compensation for the payment of a portion of the premium
thereon. Contracts of group insurance or systems of group annuities
which include benefits to dependents of officers and employees are
contracts of group insurance or systems of group annuities for the
benefit of officers and employees for the purpose of this section.
The board may make such deductions and may pay the remainder of such
premiums from any funds of the district not required to be devoted to
a specific purpose. The board may pay such portion of the premiums
thereon or attributable thereto as it determines to be advisable.
The board may arrange or contract for a contract or contracts of
group insurance or a system of group annuities or both with any
public agency or any insurance company or agent authorized by or
pursuant to law to transact such business within this State.
6250. A corporation may be selected as treasurer or the board may
provide that the duties of the treasurer shall be performed by the
county treasurer of the county in which the district is located, or
by the city treasurer of the city within the district.
6251. The commissioners shall serve without salary or compensation.
6252. The auditor of the district shall hold office during the
pleasure of the board of election, and it shall fix his salary and
require him to file a bond for the faithful performance of his duties
in such amount as it may determine. The bonds shall be filed in the
office of the board.
6253. The mayor of the city within the district, or the chairman of
the board of supervisors of the county in which the district is
located, may call meetings of the board of election.
6254. The fiscal year of any district shall begin on the first day
of July of each year and shall end on the thirtieth day of June in
the following year, unless otherwise fixed with the consent of the
board of supervisors of the county in which the district is located.
6255. The board shall annually file a report of the affairs and
financial condition of the district for the preceding year. This
report shall show the sources of all receipts and purposes of all
disbursements during the year.
6270. The powers of a district established pursuant to this part
shall be exercised by the board, by ordinance or resolution passed by
a majority vote of the board. All ordinances shall be published in
a newspaper of general circulation, printed or published in the
county in which the district is situated, at least once before final
Franchises and leases for a period of more than ten years shall
not be valid, unless authorized by ordinance.
6271. A grant of a franchise or lease of property of the district
shall not be made for a longer period than 50 years.
6272. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
6273. The district may itself, without letting contracts therefor,
do work and make improvements. The work shall be done under the
direction of its officers or employees.
6275. An officer of the district, and any of its employees, shall
not be interested, directly or indirectly, in any contract or
transaction with the district; or become surety for the performance
of any contract made with or for the district, upon bonds given to
An officer or employee of the district shall not receive any
commission or thing of value, or derive any profit, benefit, or
advantage, directly or indirectly, from or by reason of any dealings
with or service for the district by himself or others, except as
lawful compensation as such officer or employee.
The violation of the provisions of this section by an officer or
employee works a forfeiture of his office or employment.
6276. (a) In lieu of the benefits afforded pursuant to Division 4
(commencing with Section 3200) and Division 4.7 (commencing with
Section 6200) of the Labor Code, the district may agree to provide
workers' compensation benefits to its stevedore employees in amounts,
and under such conditions, as would be payable to stevedore
employees of private employers pursuant to the Longshoremen's and
Harbor Workers' Compensation Act (33 U.S.C. 901, et seq.).
(b) Such an agreement shall be binding upon the parties only if it
is in writing and signed by the employee and by a representative of
the district. It shall acknowledge, in writing, that the benefits
agreed upon are authorized by this section and are expressly in lieu
of any benefits available under Division 4 (commencing with Section
3200) and Division 4.7 (commencing with Section 6200) of the Labor
(c) All claims for benefits against the district which are
authorized by this section shall be determined pursuant to law and
the rules and regulations of the Workers' Compensation Appeals Board.
To the fullest extent possible, the Workers' Compensation Appeals
Board shall attempt to apply the Longshoremen's and Harbor Workers'
Compensation Act to employees covered by this section in the same
manner as applicable to private employees.
(d) Notwithstanding the provisions of Sections 11779 and 11870 of
the Insurance Code or any other provision of law, the State
Compensation Insurance Fund or any private insurer may provide
insurance coverage for the benefits authorized by this section.
6290. A district created under this part is a public corporation
created for municipal purposes.
6291. It has perpetual succession.
6292. It may sue and be sued.
6293. It may adopt a seal.
6294. It may take by grant, purchase, gift, devise or lease or
otherwise acquire and hold and enjoy, and lease or dispose of, real
and personal property of every kind, within or without the district,
necessary to the full or convenient exercise of its powers.
6295. A district may acquire, purchase, takeover, construct,
maintain, operate, develop, and regulate wharves, docks, warehouses,
grain elevators, bunkering facilities, belt railroads, floating
plants, lighterage, lands, towage facilities, and any and all other
facilities, aids, or public personnel, incident to, or necessary for,
the operation and development of ports, waterways, and the district.
6296. It may exercise the right of eminent domain to take any
property necessary to carry out any of the objects or purposes of the
6297. It may incur indebtedness and issue bonds or other evidence
of indebtedness for its purposes.
If any bonds issued for port improvement purposes by any part of a
district prior to its creation are refunded, the refunding bonds are
a lien only upon the lands upon which the original bonds were a lien
at the time of the creation of the district.
6298. It may levy and collect or cause to be levied or collected
taxes as in this part provided.
6299. It has exclusive jurisdiction over, and it may provide for
and supervise pilots and the pilotage of sea-going vessels from the
end of jurisdiction of existing pilot authorities to points lying
upon any navigable waterway project of the United States, entering
6300. It may contribute money to the Federal or the State
Government or to the county in which it is located or to any city
within the district, for the purpose of defraying the whole or a
portion of the cost and expenses of work and improvement to be
performed, either within or without the territorial limits of the
district, by the Federal, State, county or city government, in
improving rivers, streams, or in doing other work, when such work
will improve navigation and commerce, in or to the navigable waters
in the district.
6301. A district may do any work or make any improvement within or
without the territorial limits of the district, which will aid in the
development or the improvement of navigation or commerce to or
within the district.
6302. A district may enact necessary police regulations providing
for control of any waterway project of the United States, entering
the district, and adopt rules and regulations concerning the
construction of wharves, docks, buildings, and improvements of all
6302.5. (a) This section is applicable only within the Santa Cruz
Port District. The Legislature finds and declares that this section
is necessary to meet a serious danger to the public safety within the
Santa Cruz Port District caused by surfriding activities within the
harbor entrance area.
(b) No person shall swim or surfride, or use any watercraft or
device to surfride, on ocean waters within a harbor entrance area, as
prescribed by the Santa Cruz Port District by ordinance.
(c) For the purposes of this section, "surfride" includes
traveling to or from a surfriding staging area and activities in the
staging area which are preparatory or preliminary to, or connected
with, riding the surf.
(d) Every person who violates this section is guilty of a
misdemeanor, and shall be punished by a fine not to exceed five
hundred dollars ($500).
6303. A district may provide for the opening and laying out of
streets leading to the waterfront.
6304. A district may regulate and control the construction,
maintenance, and operation or use of all wharves, warehouses,
structures, improvements, or appliances used in connection with or
for the accommodation and promotion of transportation or navigation
on any improvement project of the federal government applying to the
main waterway entering the district and on other navigable streams
improved or unimproved which lie within the district, and it may make
and enforce necessary police and sanitary regulations in connection
6304.1. Notwithstanding any other provision of law, any port
district which has received, or is receiving, money pursuant to the
provisions of Division 1 (commencing with Section 30) for the
construction or improvement of a small craft harbor or facilities in
connection therewith, may enter into a lease of any portion of its
land and water area which has been freed from the public trust for
commerce, navigation, or fisheries for the development of
marine-oriented apartments and townhouses. Such lease may authorize
the lessee to sublet individual dwelling units, but such lease shall
not exceed a term of 50 years, after which time any improvements
constructed pursuant to the lease shall revert to the district. Land
rental units constructed pursuant to such lease shall be available
to all persons on equal and reasonable terms. Any such lease shall
contain express provisions requiring the lessee to provide for
reasonable public access across the leased lands to adjacent port
Nothing in this section shall be construed to allow the use of
tide or submerged lands in any manner inconsistent with the
California Constitution or with the public trust for commerce,
navigation, or fisheries.
Any lease of real property so freed from the public trust which is
proposed to be let under the provisions of this section shall first
be submitted to the State Lands Commission and to the Attorney
General for review and approval, and no such lease shall be let
unless the State Lands Commission and the Attorney General find that
the proposed lease would be in the public interest and would not be
in violation of any provision of the California Constitution or of
any term of a grant of tidelands or submerged lands and would not be
inconsistent with the public trust for commerce, navigation, or
6305. It may fix, regulate and collect the rates or charges for the
use of wharves, warehouses, vessels, railroads and other facilities,
structures and appliances owned, controlled or operated by it, in
connection with or for the promotion and accommodation of
transportation or navigation, and it may also fix, regulate and
collect the rates or charges for pilotage and towage.
6306. It may lay out, plan and establish the general plan and
system of harbor and harbor district improvements and modify the plan
and prescribe the specifications for such improvements.
6307. It may perform the functions of warehousemen, stevedores,
lighterers, reconditioners, shippers and reshippers of properties of
6308. It may manage the business of the district and promote the
maritime and commercial interests 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 and agencies as are expedient.
6309. Except as otherwise provided in Section 660, the board may
adopt all ordinances necessary for the regulation of the district
with respect to the parking of vehicles, the speed and operation on
vehicles and vessels, berthing of vessels, fire safety ashore and
afloat, prohibiting the pumping of raw sewage or waste into port
waters, and littering.
6309.2. Before any ordinance may be adopted, the ordinance shall be
published in its entirety on three separate occasions 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, together with a
notice of the date on which the board will meet for the purpose of
adopting the ordinance. The first publication shall occur at least
20 days prior to the date of such meeting, and the second and third
publications shall occur at seven-day intervals. The general public
shall be allowed to appear at the meeting and be heard on the
proposed ordinance. The ordinance shall become effective as provided
in Section 9141 of the Elections Code, unless another effective date
is set forth by the board.
6309.4. Every person who violates any of the provisions of a
district ordinance adopted pursuant to Sections 6309 and 6309.2 is
guilty of an infraction and shall be subject to a fine not to exceed
one hundred dollars ($100).
6309.6. 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 853.5) of
Title 3 of Part 2 of the Penal Code.
6310. Notwithstanding the enumeration and specific statement herein
of particular powers, the district may do and perform all acts and
things necessary and appropriate to carry out the purposes of this
part and the powers of the district.
6311. Upon a four-fifths vote of all the members of the board, it
may issue negotiable promissory notes bearing interest at a rate of
not exceeding 7 percent per annum; provided, however, that said notes
shall be payable from revenues and taxes levied for purposes of the
district other than the payment of principal and interest on any
bonded debt of the district; and provided further, that the maturity
shall not be later than 20 years from the date thereof and that the
total aggregate amount of such notes outstanding at any one time
shall not exceed 1 percent of the assessed valuation of the taxable
property in the district, or if said assessed valuation is not
obtainable, 1 percent of the county auditor's estimate of the
assessed valuation of the taxable property in the district evidenced
by his certificate.
6330. A district may create a bonded debt pursuant to Article 1
(commencing with Section 43600) of Chapter 4 of Division 4 of Title 4
of the Government Code.
Bonds may be issued for the purpose of raising money for use in
carrying out any of the powers and purposes of the district.
6331. Bonds issued by any district pursuant to this part are legal
investments for all trust funds, and for the funds of all insurers,
banks, both commercial and savings, and trust companies, and for the
State school funds, and whenever any money or funds may, by law now
or hereafter enacted, be invested in bonds of cities, cities and
counties, counties, school districts or municipalities in this State,
such money or funds may be invested in bonds of districts organized
pursuant to this part.
6340. Pursuant to this article 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.
6341. 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.
6342. 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.
6343. Said ordinance shall specify the total amount, denomination,
method of maturity, and the rate or maximum rate of interest of said
bonds, and in general terms, the acquisitions and improvements to be
constructed thereby; and, in addition, shall contain such other and
further provisions as in the judgment of the board are deemed
6344. The proceeds of said bonds shall be placed in an account in
the treasury of the district to be entitled ____ Port District
Revenue Construction Fund No. ____ and used exclusively for the
objects and purposes mentioned in the ordinance.
6345. The lien of said bonds of the same issue shall be prior and
superior to all revenue bonds subsequently issued.
6346. Proceedings for the issuance of said bonds shall be had, the
board shall have such powers and duties, and the bondholders shall
have such rights and remedies, all in substantial accordance with and
with like legal effect as provided in Sections 54344 to 54346,
inclusive, 54347, 54348, 54350, 54351, 54352, and in Articles 4
(commencing at Section 54400) to 11 (commencing at Section 54660),
inclusive, of Chapter 6, Part 1, Division 2, Title 5 of the
Government Code. As used therein the word "resolution" shall mean
ordinance, the word "local agency" shall mean district, and the words
"legislative body" shall mean board.
6350. Pursuant to this article, the Stockton Port District may also
create an additional bonded debt up to but not in excess of 3
percent of the assessed value of all taxable real and personal
property within the district.
6350.1. This bonded indebtedness may be created solely for the
purpose of providing funds for the acquisition or construction of
revenue-producing harbor improvements of a self-liquidating
6350.2. All bonds issued pursuant to this article shall be
authorized by ordinance passed by two-thirds of all of the members of
the board concurred in by ordinance of the Stockton City Council.
But an election need not be held within the district and it is
unnecessary to secure the approval of the electors within the
district for the issuance of bonds for the purposes and within the
limitations of this article.
6350.3. The bonds shall be payable within 30 years from their date
and shall mature serially at such times as may be fixed by the board,
but the earliest maturity of the principal of the bonds shall be
fixed at a date not more than 10 years from the date of issue.
6350.4. The bonds may be issued in such denominations as the board
determines, except that no bond shall be of a denomination less than
one hundred dollars ($100) nor of a greater denomination than one
thousand dollars ($1,000).
The bonds shall be payable on the day and at the place or places
fixed in such bonds, with interest at the rate specified in the
bonds, which rate shall not be in excess of 7 percent per annum of
the face amount, payable annually or semiannually.
The board may provide for redemption of the bonds before maturity
at prices and upon terms and conditions determined by it. A bond
shall not be subject to call or redemption prior to maturity unless
it contains a recital on its face to that effect.
6350.5. If any officer whose signature or countersignature appears
on the bonds or coupons ceases to be an officer before the delivery
of the bonds to the purchaser, his signature or countersignature is
nevertheless as valid and sufficient for all purposes as if he had
remained in office.
The bonds may be issued and sold by the board for not less than
their par value and accrued interest to date of delivery, at such
time and under such conditions as may be designated by the board.
The proceeds shall be placed in the treasury of the district to
the credit of the proper improvement fund and applied exclusively to
the objects and purposes mentioned in the ordinance.
6350.6. The form of the bonds shall be prescribed by the board and
they shall be signed by the officer or officers that the board
designates. The coupons appertaining to the bonds shall be numbered
consecutively and shall be signed by the facsimile signature of the
officer or officers that the board has designated.
6350.7. The income and revenue derived or to be realized from the
harbor improvement acquired or to be acquired from the proceeds of
the bonds shall be deposited in a special fund and kept separate and
apart from all other revenues of the district. It shall be applied,
firstly, to the creation of an interest fund, herein designated as
"interest fund," for the payment of the annual interest due or to
become due upon the bonds during the next ensuing fiscal year and
before the time for the fixing of the next general tax levy in the
county in which the district is located.
6350.8. The special fund shall be applied, secondly, to the
creation of a sinking fund, herein designated as "sinking fund," to
provide for the payment of the principal of the bonds at or before
their maturity date or dates.
6350.9. Any additional revenues over and above the amounts required
to be deposited in the interest fund and the sinking fund, may be
deposited in an operation fund, herein designated as "operation fund,"
to be applied to the costs of operation and maintenance, including
reasonable repairs and depreciation, of the particular
revenue-producing harbor improvement acquired by the issuance and
sale of the bonds.
6351. Surplus revenues in the operation fund may be deposited
either in the interest fund or the sinking fund, but money allocated
to the interest fund or the sinking fund shall not be transferred to
any other fund or used for any other purpose than the payment of the
bonds and the interest thereon so long as the bonds are outstanding.
6351.5. The board, in and by the ordinance authorizing the issuance
of the bonds, shall hypothecate and allocate all of the revenues to
be realized from the revenue-producing harbor improvement to be
acquired or constructed from the proceeds of the bonds to the payment
of both principal and interest.
The allocation and hypothecation is irrevocable until all bonds
and the accrued interest thereon are paid.
The allocation and hypothecation shall be made in each case for
the exclusive benefit of the bonds to be issued for the purpose of
acquiring or constructing the particular revenue-producing harbor
improvement, and as additional security for the payment of the
principal and interest of the bonds.
But the allocation and hypothecation do not constitute the
exclusive source of payment. The bonds constitute general
obligations of the district and both principal and interest may be
paid from any money or sources of revenue of any kind, including
taxes, on hand and available for that purpose.
6352. Whenever the revenues of the district are, or in the opinion
of the board will be insufficient to provide for the payment in full
of the principal or interest on the bonds, the board may, and if the
revenues in the interest fund are insufficient to meet the next
ensuing fiscal year's interest on the bonds issued and then
outstanding or if the moneys in the sinking fund are insufficient to
pay or provide for the payment of any bonds maturing during the next
ensuing fiscal year, it shall cause a tax to be levied and collected,
upon all of the taxable property in the district, sufficient to meet
all sums coming due for principal and interest on the bonds during
the next ensuing fiscal year and before the time for fixing the next
general tax levy in the county in which the district is located.
The tax shall be levied and collected annually in the manner
provided by Chapter 5 (commencing with Section 6360) of this part,
and shall be in addition to all other taxes authorized to be levied
and collected. When collected, the tax shall not be used for any
purpose other than the payment of the bonds and the accruing interest
6353. The Legislature hereby finds and declares that because of the
unique, complex problems existing with respect to the Stockton Port
District, as a large inland port district, it is necessary that
special legislation be enacted to authorize additional, limited
financing provisions for said port district, and that a general law
cannot be made applicable.
6355. Whenever, upon the creation of a district any municipality
therein or any county in which the district is located which has
theretofore authorized or incurred a bonded indebtedness for any work
or improvement for which the district may incur a bonded debt
pursuant to this part, and such municipality or such county
thereafter sells such bonds or any portion thereof, the proceeds of
the sale may, upon the order of the appropriate board of supervisors
or city council, be paid by the custodian into the treasury of the
district and shall be applied by the board, exclusively to the
purposes and objects for which the bonds were authorized by the
municipal corporation or the county issuing them.
6360. On or before June first of each year, the port director shall
submit to the board a detailed statement of the money required for
the ensuing fiscal year for the purpose of conducting the business of
the district. There shall be submitted with such estimate, such
data and schedules as the board may require.
6361. Annually, on or before the date set for the consideration of
the budget by the board of supervisors of the county in which the
district is located, the board of each district shall furnish to the
board of supervisors of the county in which the district is situated,
an estimate in writing of the amount of money needed for all
purposes by the district during the ensuing fiscal year. Thereupon,
it is the duty of the board of supervisors to levy a special tax, on
all taxable property of the county lying within the district,
sufficient in amount to raise that sum.
6362. The tax shall in no event exceed the rate of ten cents
($0.10) on each one hundred dollars ($100) of the assessed value of
all taxable property within the district, exclusive of the amount
necessary to be raised by taxes to meet bond and promissory note
interest and redemption. The tax shall be computed, entered upon the
tax rolls and collected in the same manner as county taxes are
computed, entered and collected. All money collected shall be paid
into the county treasury to the credit of the particular district
fund and shall be paid to the treasurer of the district upon the
order of the board of port commissioners.
6363. From the time of the organization of any district until the
next succeeding July first, the district may incur indebtedness for
the purpose of operating the port and in the first tax levy, the rate
shall be in an amount sufficient to operate the port for the first
full fiscal year as well as to pay the obligations thus incurred
before the first of the July succeeding the creation of the district.
6364. 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.
6365. (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
(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
(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
(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.
6370. 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. All claims not governed
thereby shall be filed with the auditor on forms and blanks
prescribed by him. A claim shall not be paid without the endorsement
of the auditor certifying to its correctness.
The auditor shall keep a record, which shall be a public record,
of all claims against the district showing by whom made, for what
purpose, the amount thereof and when paid.
6371. If there is not sufficient money in any fund to pay the
demands made against it, the demand shall be registered in a book
kept by the treasurer, showing its number, when presented, date,
amount, name of payee, and on what account allowed and out of what
fund payable, and when so registered, the demand shall be returned to
the person presenting it with the endorsement of the word
"Registered" dated and signed by the treasurer. All registered
demands are payable in the order of their registration.
This section does not prevent the payment by the treasurer of
bonds of the district or of any city or county, and interest coupons
thereof, in accordance with the Constitution of this State and the
provisions of this part authorizing the issuance and payment of such
6372. Wages and salaries shall be paid at such intervals as the
board may direct, but at least once each month.