reglab/statecodes huggingface dataset:
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 2 - Bond Election › Section 4064.

4064. The board shall without delay call an election to determine whether the bonds of the county shall be issued and sold in the amount estimated by the commission in its report and set forth in the resolution of the board adopting it.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 2 - Bond Election › Section 4065.

4065. The election shall be conducted, and the bonds issued and sold and paid for, pursuant to the law concerning the issuance, sale and payment of county bonds, and all proceedings had in regard to the bonds shall be in accordance with these laws.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 2 - Bond Election › Section 4066.

4066. Every election held for the purpose of submitting the question of the issuance and sale of bonds, authorized by this chapter, shall be a special election and no question other than propositions relating to the issuance and sale of bonds for one or more purposes may be submitted.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 2 - Bond Election › Section 4067.

4067. For the holding of the special election the board may form bond election precincts by adopting the precincts established for general election purposes, or by consolidating such precincts inside of incorporated cities and towns, to a number not exceeding six in each bond election precinct. It shall appoint only one inspector, two judges and one clerk for each bond election precinct.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 2 - Bond Election › Section 4068.

4068. It is sufficient to set forth the purpose for which the bonds are to be issued and sold, to state that they are for the improvement, development or protection of ____ harbor, naming the harbor by the name by which it is commonly called. Any defect or irregularity in the proceedings prior to the calling of the election does not affect the validity of the bonds.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 3 - Improvement and Construction › Section 4080.

4080. Whenever funds necessary for any improvement, development, or protection for which bonds have been voted, are in the county treasury, the commission shall carry into effect the improvement, development, or protection of the harbor. The board of supervisors may sell only that portion of the authorized bonds that will provide funds as they are needed to carry on the work.
(Added by Stats. 1986, Ch. 195, Sec. 5.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 3 - Improvement and Construction › Section 4081.

4081. The improvement, development, or protection of any harbor, and all work, labor, or service employed therein, shall be under the control and management of the commission.
(Added by Stats. 1986, Ch. 195, Sec. 6.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 3 - Improvement and Construction › Section 4086.

4086. The board may at any time require from the commissioners a report of the progress of any work and of the condition of the harbor being improved, developed or protected, and such other information as the board may deem necessary.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 4 - Funds › Section 4100.

4100. All bonds sold for any purpose contemplated by this chapter shall be sold for not less than their par value and accrued interest. The proceeds shall be deposited in the treasury of the county and placed to the credit of a special fund designated, ____ harbor fund, created by order of the commission for that purpose, and the proceeds of the sale of the bonds shall be used solely and exclusively for the purpose for which they were issued.
The commission may receive donations and place them to the credit of the fund. These shall be used only for the purpose for which they were donated. Money shall not be paid out of the fund except upon warrant of the county auditor, issued upon the written order of the commission, and duly allowed and approved by the board.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 4 - Funds › Section 4101.

4101. Prior to the voting of bonds, the board may in all work under this chapter, incur, permit to accrue, audit, approve and pay any demand, debt or obligation against the county in a sum not to exceed five thousand dollars in the aggregate.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 4 - Funds › Section 4102.

4102. Upon a showing of necessity by the commission, the board may, by a four-fifths vote, permit the expenditure of an additional five thousand dollars. More than one thousand dollars shall not be appropriated at any one time.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 4 - Funds › Section 4103.

4103. All money shall be paid out of the general fund of the county until there is money in the harbor fund sufficient to reimburse the general fund of the county, when it shall be reimbursed, and thereafter all sums shall be paid out of the harbor fund.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 4 - Funds › Section 4104.

4104. The board, on recommendation of the commission, may use any and all moneys in the harbor fund in conjunction with the State or Federal Government, in any harbor improvement, development or protection undertaken by the State or Federal Government, or it may place all or any moneys in such fund at the disposal of the State or Federal Government for use in the improvement, development or protection of the harbor.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 4 - Funds › Section 4105.

4105. The commission shall, once in each six months, make out and verify under oath, and file with the board, a detailed statement of its proceedings, showing:
(a) The amount of money in the harbor fund at the time of the last report.
(b) The amounts of all donations since received and the purpose for which the donations were made.
(c) The amount since expended, and the purpose for which it was expended.
(d) The balance remaining on hand in the fund.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 5 - Control of Harbor › Section 4120.

4120. Whenever the improvement, development or protection of any such harbor, bay, inlet or other arm of the sea is completed and the commission created under this chapter ceases to exist, then the management and control of the harbor in so far as it has been improved, developed or protected under this chapter passes to, and vests in the board of supervisors of the county. The future cost and expense of the maintenance of the harbor is a charge upon the county.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 5 - Control of Harbor › Section 4121.

4121. The board of supervisors in which the control and management of any harbor, bay, inlet or other arm of the sea is vested, as provided in this chapter, may appoint, define the duties of, and pay, all officers, agents and employees, necessary for the complete control of the harbor, and it may make and enforce all necessary and proper regulations for that purpose.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 5 - Control of Harbor › Section 4122.

4122. The board of supervisors of any county in which the control and management of any harbor, bay, inlet or other arm of the sea has vested, as provided for in this chapter, may establish and collect all anchorage, wharfage, dock and warehouse fees, which shall be paid in to a proper fund for the maintenance of the harbor and for its further development, maintenance and protection.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4130.

4130. “Harbor,” as used in this article, includes any bay, inlet, or other arm of the sea in which the tides of the Pacific Ocean ebb and flow, except such as are excluded from the application of this chapter by the provisions of Section 4049 of this code.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4131.

4131. Any county may improve, develop, protect, and maintain one or more or all of the harbors within its boundaries, upon the conditions, in accordance with the procedure, and in the manner provided in this article and in the Public Contract Code.
(Added by Stats. 1986, Ch. 195, Sec. 7.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4132.

4132. Upon receiving a petition signed by persons who are both freeholders and electors in the county, equal in number to at least 15 per cent of the vote cast for the office of Governor at the last preceding election at which a Governor was elected, proposing that the matter of the improvement, development, protection and maintenance of one or more such harbors, naming them, be submitted to the electors of the county, the board of supervisors may appoint a harbor commission for the county in accordance with the provisions of Article 1 of this chapter, which provisions are incorporated herein to the extent that they are not inconsistent herewith.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4133.

4133. With all diligence, the harbor commission shall proceed with surveys of the harbor or harbors intended to be improved, developed, or protected, the preparation of plans therefor and estimates of cost thereof, and shall report to the board of supervisors thereon, with its recommendations concerning the necessity, advantage, and benefit to be derived by the improvement, development, or protection of such harbor or harbors; all as provided in Article 2 of this chapter, which provisions are incorporated herein to the extent that they are not inconsistent herewith.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4134.

4134. Upon receiving the report and recommendations of the Harbor Commission, the board of supervisors shall consider and determine the feasibility of the project or projects submitted, may call upon the commission for further surveys and reports and shall determine (1) what harbor or harbors, and by what specific project or projects, or parts thereof, it will be in the interest of the county to improve, develop, or protect, (2) for which thereof, if any, moneys should be provided by the issuance of bonds of the county and the amount of bonds required to be issued and sold therefor, and (3) for which thereof, if any, moneys should be raised by the levy of a special tax at a specified rate over a specified number of years not exceeding 20 years.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4135.

4135. For such a purpose, the county may incur a bonded indebtedness, upon the conditions, in the manner and in accordance with the procedure prescribed by applicable provisions of law, including Sections 4088, 4088a and 4089 of the Political Code and Article 2 of this chapter.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4136.

4136. Any tax for such a purpose may be levied only if a proposal therefor (specifying the purpose, the rate of tax, and the number of years for which the tax is to be levied) is submitted to the qualified electors of the county, at a general or special election, and is approved by a majority of the electors voting thereon. No such tax may be levied if it operates to increase the maximum rate of taxation otherwise prescribed for the county unless the proposal therefor is approved by two-thirds of the electors voting thereon.
Any such proposal for a tax levy shall be submitted to the electors of the county, and the election thereon held, in conformity, as nearly as may be practicable, with the provisions of law applicable to the submission to the electors of a proposition for the issuance of bonds of the county and the conduct of an election thereon.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4137.

4137. The work of improving, developing, or protecting the harbor, whether the moneys therefor are the proceeds of the sale of bonds of the county or of a tax levy, shall be done under the control and management of the harbor commission pursuant to applicable provisions of law, including the provisions of the Public Contract Code and the preceding articles of this chapter, which latter provisions are incorporated herein to the extent that they are not inconsistent herewith.
(Added by Stats. 1986, Ch. 195, Sec. 8.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4138.

4138. When the improvement, development, or protection of a particular harbor is completed, and the board of supervisors so find and determine, the management and control of that harbor vests in the board of supervisors. Thereafter the costs of maintaining the harbor is a county charge.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4139.

4139. In managing and controlling a harbor, the board of supervisors has authority, upon such terms and conditions as the board shall prescribe, to grant franchises, permits and leases for the use of lands and facilities belonging to the county, and to prescribe the rate or rates of wharfage and other charges which are appropriate for the use of any of the facilities owned or services furnished or provided by the county. All revenues derived from such franchises, permits, leases, and charges, are available solely for payment of the cost of maintaining harbors that are under the control and management of the board of supervisors, except that the board may from time to time, out of any surplus of such revenues, transfer to the appropriate funds of the county such sums as in its judgment may be available for payment of principal and interest of county bonds issued pursuant to the provisions of this article.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 6 - County Harbor Improvement › Section 4140.

4140. In any year a tax may be levied for the maintenance of the harbor or harbors in the county at a rate calculated to raise a sum of money equal to the amount of the excess, if any, of the amount of the estimated cost of such maintenance over the estimated amount of revenues (derived from such franchises, permits, leases, and charges) that are or will become available to defray such cost. The rate of such tax shall not in any year exceed fifteen cents ($0.15) per one hundred dollars ($100) of the assessed valuation of all taxable property within the county, unless a proposal for a specified higher rate for a particular year is submitted to the qualified electors of the county at a general or special election and is approved by a majority of the electors voting thereon.
(Added by Stats. 1945, Ch. 1500.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 3 - General Powers of Counties › ARTICLE 1 - Towpaths › Section 4150.

4150. The board of supervisors of each county may, when public convenience for the purpose of commerce requires it, cause to be located and opened a towpath, not exceeding ten feet in width, along the banks of any navigable stream within the county.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 3 - General Powers of Counties › ARTICLE 1 - Towpaths › Section 4151.

4151. In order to locate and open a towpath, the same proceedings shall be taken as are required by law to be taken in the respective counties of this State for the purpose of locating and opening public highways.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 3 - General Powers of Counties › ARTICLE 1 - Towpaths › Section 4152.

4152. The owner of any land over which a towpath is located and opened shall not be deprived of the water frontage. He has the free use and enjoyment of his land, subject only to the right of the public to use it for the purposes of commerce.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 3 - General Powers of Counties › ARTICLE 1 - Towpaths › Section 4153.

4153. It is not necessary to construct or maintain fences on either side of any towpath, but the board of supervisors may make all necessary regulations for the government and management of towpaths, and may provide for the erection of gates and for the full and complete protection of the property through which the towpath passes.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 3 - General Powers of Counties › ARTICLE 2 - Miscellaneous › Section 4160.

4160. The board of supervisors of any county in which there is a port of entry or harbor, for which there is not otherwise provided quarantine regulations, may by an ordinance adopt the whole or any part of the provisions of Article 2 of Chapter 10 of Part 1 of Divison VI, of this code, appoint a board of health, or health officer, locate quarantine grounds when necessary, and provide for the enforcement of quarantine regulations.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 1 - Petition and Hearing › Section 5820.

5820. Any portion of a county in this state, the exterior boundaries of which include a bay, harbor, inlet, or navigable water of the Pacific Ocean, may be formed into a district for the improvement or development of a harbor.
The work may include the dredging of channels, shipways, ship berths, anchorage places, and turning basins, and the construction of jetties, breakwaters, bulkheads, seawalls, wharves, ferry slips, and warehouses.
(Added by Stats. 1986, Ch. 195, Sec. 9.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 1 - Petition and Hearing › Section 5821.

5821. Whenever fifty or more persons in any county of this State, the exterior boundaries of which include a harbor, desire to form a district within the county for the improvement or development of a harbor, they may present a petition in writing signed by them to the board of supervisors of the county.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 1 - Petition and Hearing › Section 5822.

5822. The petition shall show:
(a) The name of the proposed district.
(b) The official name or name by which the harbor is commonly known.
(c) Whether the improvement, development, protection, maintenance, management or control of the harbor, or any part of it, is vested in or exercised by a harbor commission.
(d) The exterior boundaries of the proposed district, which may include incorporated territory, or both incorporated and unincorporated territory, but shall include the whole or some part of the harbor proposed to be improved or developed.
(e) A general description of the proposed improvement and development work.
(f) The estimated cost of the improvement or development, and the incidental expenses.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 1 - Petition and Hearing › Section 5823.

5823. The petition shall contain a request that the territory included within the boundaries be formed into a harbor district for the purpose of the improvement or development of the harbor.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 1 - Petition and Hearing › Section 5824.

5824. Each signer of the petition shall be a registered voter, resident, and freeholder within the proposed district.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 1 - Petition and Hearing › Section 5825.

5825. The petition shall be published for at least two weeks preceding the hearing in a newspaper of general circulation printed in the county, together with a notice signed by not exceeding three of the petitioners. The notice shall state the day, hour and place at which the petition will be presented to the board of supervisors for hearing, and that all persons interested may appear and be heard at this time and place.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5830.

5830. At the time and place specified in the notice the board of supervisors shall consider the petition and may continue the hearing from time to time not exceeding a period of ninety days.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5831.

5831. A certificate issued by the assessor of the county and filed in the proceedings, which states that the name of any signer of the petition appears upon the last equalized assessment-roll of the county for land assessed to him or her and located within the boundaries of the proposed district, is prima facie evidence that the signer is a freeholder within the proposed district.
A certificate signed by the county elections official, which states that the name of any signer of the petition is registered and uncanceled as a voter of the county and that he or she resides within the boundaries of the proposed district, is prima facie evidence that the signer is a registered voter within the proposed district.
(Amended by Stats. 2002, Ch. 221, Sec. 47. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5832.

5832. At the hearing, the board of supervisors may change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which would not be benefited by the improvement or development of the harbor.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5833.

5833. The board of supervisors may also change the exterior boundaries of the proposed district, as set forth in the petition by adding to the proposed district other contiguous lands which will be benefited by the improvement or development of the harbor.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5834.

5834. Land may not be added to the proposed district until notice is served upon the owner of the lands proposed to be added.
The notice may be personally served upon the owner or published for the same period of time and in the same paper as the original petition and notice of hearing.
The notice shall state the day, hour, and place at which the owner will be heard and shall generally describe the lands proposed to be added to the proposed district.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5835.

5835. The board of supervisors shall investigate and determine:
(a) If the improvement or development work generally described in the petition is feasible.
(b) If, when completed it will result in the improvement or development of the harbor.
(c) If the estimated cost and incidental expenses are the reasonable and necessary costs of the improvement or development work and incidental expenses.
For the purpose of investigation and determination, it may submit the improvement or development work described in the petition to engineers for examination and report.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5836.

5836. If it appears, and the board of supervisors finds that it is necessary, in order to make a sufficient and adequate examination, to continue the hearing beyond ninety days, the board may for that purpose continue the hearing for not longer than six months from the date of the presentation of the petition.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5837.

5837. If the improvement, development, protection, maintenance, management or control of a harbor or any part thereof, proposed to be imporved or developed, is vested in or exercised by a harbor commission, the petition shall be submitted to and approved by the harbor commission, before it is presented to the board of supervisors, and all investigations of the improvement or development work, and its estimated cost, ordered or directed to be made by the board of supervisors, shall be made by or under and subject to the approval of the harbor commission.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5838.

5838. Neither the board of supervisors or the harbor commission, if one exists, is bound by the improvement or development work described in the petition, or by the estimated cost set forth, but it may find that other, different, or less amount of improvement or development work should be done, and find the estimated cost and the incidental expenses.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5839.

5839. Upon final hearing, the board of supervisors shall have a finding of facts entered upon the minutes of the meeting if it appears that:
(a) The petition and notice of hearing have been duly published.
(b) The petition is signed by a sufficient number of persons who possess the required qualifications.
(c) A harbor exists within the county, some portion of which is contained within the exterior boundaries set forth in the petition.
(d) It can be improved and developed as generally described in the petition at a cost not disproportionate to the benefit to be derived from the improvement and development.
(e) The improvement or development has the approval of the harbor commission, if one exists.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5840.

5840. The finding of facts required to be made by the board of supervisors shall set forth:
(a) The name of the proposed district, as set forth in the petition.
(b) The official name or name by which the harbor is commonly known.
(c) A description of the exterior boundaries of the territory to be included within the proposed district, as originally set forth in the petition, or as they may have been changed by the inclusion or exclusion of lands.
(d) The improvement or development work to be done.
(e) The estimated cost, and the incidental expenses.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 2 - Hearing › Section 5841.

5841. The findings are conclusive evidence of the existence of every fact found by the board of supervisors and of the due signing and publication of the petition and of the publication or personal service of all prior notices, and vest the board with authority to proceed pursuant to this part.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5859.

5859. The board of supervisors shall make and have entered in the minutes an order finally determining the exterior boundaries of the district, the improvement or development work to be done in the harbor, and the estimated cost, and the incidental expenses.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5860.

5860. The board shall pass a resolution calling an election for the purpose of submitting to the qualified voters the proposition of the formation of the district and incurring a bonded debt and issuing and selling bonds, to pay the cost of the improvement or development work, in a sum not greater than the estimated cost, and the incidental expenses as found by the board.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5861.

5861. This resolution of the board of supervisors shall:
(a) Fix the date of the election which shall be not less than 130 days after the date of the passage of the resolution.
(b) Designate one or more voting precincts and generally describe the boundaries of each precinct.
(c) Designate a place within each precinct at which the polls will be opened for the purpose of the election on the date of the election.
(d) Appoint a board of election for each precinct, consisting of one inspector, one judge, and one clerk, each of whom shall be a registered elector of, and reside within, the precinct for which he or she is appointed.
(e) State the object and purposes for which the indebtedness is proposed to be incurred and the amount of the principal of the indebtedness.
(f) Recite a maximum rate of interest to be paid on indebtedness, not exceeding seven per cent per annum, payable semiannually.
(Amended by Stats. 2002, Ch. 221, Sec. 48. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5862.

5862. The resolution shall also prescribe the manner of voting for or against the incurring of the indebtedness and for or against the formation of the district, and in all particulars not recited in the resolution or as otherwise provided for in this part, the election shall be held in accordance with the general election law of the state, so far as it is applicable, but it is not necessary to mail or send out sample ballots or precinct polling cards.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5863.

5863. The resolution shall invite the qualified voters residing in the proposed district to vote upon the proposition by marking on the ballot opposite the proposition of the formation of the district and of the incurring of indebtedness thereby.
(Amended by Stats. 2002, Ch. 221, Sec. 49. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5864.

5864. The ballot to be used at the election shall be substantially in the following form:
HARBOR DISTRICT
OFFICIAL BALLOT
Instructions to voters: To vote in favor of the formation of the harbor district and the incurring of the indebtedness thereby, mark in the voting area at the right of the words “For the harbor district.”
To vote against the formation of the harbor district and the incurring of the indebtedness thereby, mark in the voting area at the right of the words “Against the harbor district.”
All erasures and distinguishing marks are forbidden and make the ballot void. If you wrongly stamp, tear, or deface this ballot, return it to the inspector of elections and obtain another.
PROPOSITION
“For the harbor district” (here set forth a general statement of the purposes for which the indebtedness is to be incurred, and the amount of the indebtedness).
“Against the harbor district” (here set forth a general statement of the purposes for which the indebtedness is to be incurred and the amount of the indebtedness).
(Amended by Stats. 2010, Ch. 328, Sec. 109. (SB 1330) Effective January 1, 2011.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5865.

5865. The resolution calling the election shall be published pursuant to Section 6061 of the Government Code.
The passage of the resolution and its publication constitute the notice of election and no other notice need be given.
(Amended by Stats. 2002, Ch. 221, Sec. 51. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5866.

5866. On the day of the election the polls at each of the polling places designated by the board of supervisors shall be opened at the hour of seven o’clock a.m. and shall be kept opened until the hour of eight o’clock p.m. of the same day, when the polls shall be closed. Any elector within the polling place or standing in line thereat who has not had an opportunity to vote and desires to vote shall be permitted to vote after the hour of eight o’clock p.m. of the day of election.
(Amended by Stats. 2002, Ch. 221, Sec. 52. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5867.

5867. When the polls are closed, the board of election in each precinct shall close the polls in accordance with the election laws of the state governing general elections, and deposit the ballots with the county elections official of the county in which the election is held.
(Amended by Stats. 2002, Ch. 221, Sec. 53. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5868.

5868. The board of supervisors at its first regular meeting after the date of the election shall canvass the returns of the election, and shall have entered upon the minutes of the meeting a finding showing the number of votes cast in each precinct for the district and the incurring of the indebtedness, and the number of votes cast against the district and the incurring of the indebtedness, and the total number of votes cast in all the precincts for and against the harbor district and the incurring of the indebtedness.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5869.

5869. If from the canvass it appears and the board of supervisors finds that a majority of the votes were not cast for the proposed district and the incurring of indebtedness thereby, it shall enter that fact upon its minutes, and no further proceedings shall be taken under the petition, but a new petition and notice may be signed, published, and filed and a new proceeding had after the expiration of one year from the date of the election.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5870.

5870. If it appears and the board of supervisors finds that more than a majority of the votes cast at the election were cast for the district and the incurring of the indebtedness, it shall have that fact entered upon the minutes, together with a description of the boundaries of the district, its name, and the official name or names by which the district is commonly known, and enter an order declaring the district duly formed, and existing in the county in which the proceedings were had, and that an indebtedness of the district is authorized in the principal sum specified, to pay the cost of making the improvement or development, as set forth in the resolution.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5871.

5871. The clerk of the board of supervisors shall thereupon immediately make up and certify a copy of these minutes and order and transmit them to the Secretary of State.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5872.

5872. The Secretary of State shall file the certificate in his or her office, and within five days thereafter shall execute under the great seal of the State, and transmit to the clerk of the board of supervisors of the county in which the proceedings were had, a certificate that a harbor district under the name set forth in the petition has been formed and exists in that county.
(Amended by Stats. 2002, Ch. 221, Sec. 54. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5873.

5873. The clerk of the board of supervisors shall file the certificate in his or her office and upon the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors, the formation of the district is complete, and an indebtedness is authorized in the sum specified in the resolution calling the election.
(Amended by Stats. 2002, Ch. 221, Sec. 55. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 1 - Formation › ARTICLE 3 - Election for Formation and Issuance of Bonds › Section 5874.

5874. An action or proceeding shall not be maintained or prosecuted in any court whatever to test or to invalidate the formation of the district or the authorized indebtedness unless it is commenced in a court of competent jurisdiction within 60 days after the date of the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors.
(Amended by Stats. 2002, Ch. 221, Sec. 56. Effective January 1, 2003.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 2 - Bonds › ARTICLE 1 - Issuance and Sale › Section 5880.

5880. The board of supervisors shall pass a resolution providing for the issuance and sale of bonds to represent the principal of the indebtedness authorized to pay the cost of the improvement or development work in the harbor, and shall prescribe the form of the bonds.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 2 - Bonds › ARTICLE 1 - Issuance and Sale › Section 5881.

5881. All bonds issued under this part shall be payable substantially in the following manner:
A part to be determined by the board of supervisors, which shall be not less than one-fortieth part of the whole indebtedness, shall be paid each year on a date, and at a place to be fixed by the board of supervisors, and designated in the bonds, together with interest on all sums unpaid at that date.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 2 - Bonds › ARTICLE 1 - Issuance and Sale › Section 5882.

5882. The board of supervisors of the county may determine the denomination of the bonds, except that no one bond shall be of a denomination less than one hundred nor more than one thousand dollars. The bonds shall be payable on the date and at the place fixed in the bond, with interest payable semiannually at the rate specified in the bond, which shall not exceed the maximum fixed by the resolution calling the election.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 2 - Bonds › ARTICLE 1 - Issuance and Sale › Section 5883.

5883. The bonds shall be signed by the chairman of the board of supervisors, and the treasurer, and countersigned by the auditor of the county.
The coupons upon the bonds shall be numbered consecutively and signed by the county treasurer.
If any officer whose signature or counter-signature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser, his signature or counter-signature is as valid as if he had remained in office.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 2 - Bonds › ARTICLE 1 - Issuance and Sale › Section 5884.

5884. Bonds may be issued and sold by the board of supervisors of the county for not less than their par value and accrued interest at the date of delivery, and the proceeds shall be placed in the treasury of the county to the credit of the proper improvement fund, and applied exclusively to the purposes mentioned in the resolution and for which the bonds were voted.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 2 - Bonds › ARTICLE 2 - Payment of Bonds, Taxation › Section 5890.

5890. Bonds issued are obligations of the district and the board of supervisors of the county shall, at the time of fixing the general tax levy and in the manner provided for the general tax levy, levy and collect annually until the bonds are paid, or until there is a sufficient sum in the treasury of the county set apart to meet all sums coming due for principal and interest on the bonds, a tax sufficient to pay the annual interest on the bonds and the part of the principal which will become due before the time for fixing the next general tax levy.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 8 - HARBOR AND PORT DISTRICTS › PART 2 - HARBOR IMPROVEMENT DISTRICTS › CHAPTER 2 - Bonds › ARTICLE 2 - Payment of Bonds, Taxation › Section 5891.

5891. The taxes shall:
(a) Be levied upon all of the property within the district taxable for county purposes.
(b) Be in addition to all other taxes levied for county purposes.
(c) Be collected at the same time and in the same manner as other county taxes are collected.
(d) Be used for no purpose other than payment of the bonds and accruing interest.
(Enacted by Stats. 1937, Ch. 368.)