reglab/statecodes huggingface dataset:
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3914.

3914. Each bond shall contain a reference to this part and if subject to call or redemption prior to maturity, a recital to that effect.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3915.

3915. The bonds authorized to be issued under this part shall be sold by the State Treasurer to the highest bidder for cash, either at public auction or upon sealed bids as the committee may by resolution determine. Highest bidder shall be the bidder whose bid will result in the lowest net interest cost on account of said bonds. If the State Treasurer determines that the bids received are not satisfactory as to price or responsibility of the bidders, the State Treasurer may reject all bids received. The Treasurer may from time to time, by public announcement at the place and time fixed for the sale, continue such sale, as to the whole of the bonds offered, or any part thereof offered, at such time and place as he may select. If the bonds are offered for sale upon sealed bids, then each bid shall be in writing and signed by the bidder and sealed, and shall be accompanied by the deposit of a certified check or cashier’s check for one-half of one percent (0.5%) of the par value of the bonds so offered for sale, but not exceeding one hundred thousand dollars ($100,000), drawn on a bank or trust company authorized to transact and transacting business in the State of California, payable to the Treasurer of the State of California, such deposit not to bear interest. The deposit of each unsuccessful bidder shall be returned to him immediately upon the nonacceptance of his bid, and the deposit of the successful bidder shall immediately upon the acceptance of his bid become and be the property of the State of California and be placed in the State Treasury to the credit of the Fifth San Francisco Seawall Fund with respect to bonds issued at the instance of the authority and to the credit of the Small Craft Harbor Bond Fund with respect to bonds issued at the instance of the commission, and shall be credited to the successful purchaser upon the purchase price of the bonds bid for in case such purchase price is paid in full by him within the time mutually agreed upon between the successful bidder and the Treasurer. If the purchase price is not so paid, the successful bidder shall have no right in and to the bonds or by reason of such bid, or to the recovery of the deposit accompanying the bid, or to any allowance or credit by reason of such deposit unless it shall appear that the bonds would not be validly issued if delivered to the purchaser in the form and manner proposed. In case the purchase price is not so paid, the bonds so sold but not paid for shall be resold by the State Treasurer upon notice as provided in case of original sale.
Temporary or interim bonds, certificates, or receipts of any denomination whatever and with or without coupons attached thereto, to be signed by the State Treasurer, may be issued and delivered until the definitive bonds are executed and available for delivery. Signature of the State Treasurer may be by facsimile or signature stamp.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3916.

3916. Due notice of the time and place of sale of all bonds shall be given by the State Treasurer by publication in one newspaper published in the City and County of San Francisco and also by publication in one newspaper published in the City of Sacramento and by publication in one newspaper published in the City of Los Angeles once a week during two weeks prior to such sale. In addition to the notice last above provided for, the State Treasurer may give such further notice as he may deem advisable.
All money secured from the sale of bonds issued at the instance of the authority, other than such amount as may have been paid as premium or accrued interest thereon, and excluding any amount paid pursuant to Section 3916.5, shall be placed in the State Treasury to the credit of the Fifth San Francisco Seawall Fund. All money secured from the sale of bonds issued at the instance of the commission, other than such amount as may have been paid as premium or accrued interest thereon, and excluding any amount paid pursuant to Section 3916.5 shall be placed in the State Treasury to the credit of the Small Craft Harbor Bond Fund. Any premium or accrued interest received on the sale of bonds issued and sold at the instance of the authority shall be deposited in the account established in the Harbor Bond Sinking Fund pursuant to subdivision (a) of Section 3918.5, and any premium or accrued interest received on the sale of bonds issued and sold at the instance of the commission shall be deposited in the account established in the Harbor Bond Sinking Fund pursuant to subdivision (b) of Section 3918.5.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3916.5.

3916.5. The sum of seventy-five thousand dollars ($75,000) is hereby appropriated out of the General Fund to be used as a revolving fund to pay the expenses incurred by the State Treasurer in having the bonds prepared and in advertising their sale or their prior redemption, for expenses incurred by the committee, and for legal services. Whenever bonds are sold at the instance of the authority out of the first money realized from their sale, there shall be redeposited in the revolving fund such sums as have been expended for the above purposes with respect to such bonds, which may be used for the same purpose and repaid in the same manner whenever additional sales are made. Whenever bonds are sold at the instance of the commission, out of the first money realized from their sale, there shall be redeposited in the revolving fund such sums as have been expended for the above purposes with respect to such bonds, which may be used for the same purpose and repaid in the same manner whenever additional sales are made. Whenever all the bonds authorized by this part have been sold, the amount of the appropriation made by this section shall revert to the unappropriated surplus in the General Fund.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3917.

3917. The committee may provide for the issuance, sale or exchange of refunding bonds out of the bonds issued under this part for the purpose of redeeming or retiring any bond issued by the committee if, under the terms of that issue, the bonds issued thereunder may be redeemed or retired. Any bonds issued hereunder may be redeemed or retired if the resolution under which the bonds are issued so permits.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3918.

3918. For the payment of the principal and interest of the bonds the Harbor Bond Sinking Fund shall consist of the following:
(a) Payments from any available moneys in the San Francisco Harbor Improvement Fund, from time to time on order of the authority, of amounts equaling, in the aggregate:
(1) That required under this part to be expended from the Harbor Bond Sinking Fund and the General Fund, to pay the principal and interest on all bonds issued at the instance of the authority;
(2) Plus interest as required to be paid to the General Fund under Section 3910 on any amounts paid from the General Fund by reason of insufficient payments having been made from the San Francisco Harbor Improvement Fund to pay, when due, the principal and interest on any bonds issued at the instance of the authority;
(3) Less the amount equal to any interest that accrues from the investment of money in the Harbor Bond Sinking Fund which has been paid into that fund from the San Francisco Harbor Improvement Fund.
(b) Payments from any available moneys in the Small Craft Harbor Improvement Fund from time to time, on order of the commission, of amounts equaling, in the aggregate:
(1) That required under this part to be expended from the Harbor Bond Sinking Fund and the General Fund, to pay the principal and interest on all bonds issued at the instance of the commission;
(2) Plus interest required to be paid to the General Fund under Section 3910 on any amounts paid from the General Fund by reason of insufficient payments having been made from the Small Craft Harbor Improvement Fund to pay, when due, the principal and interest on any bonds issued at the instance of the commission.
(3) Less the amount equal to any interest that accrues from the investment of money in the Harbor Bond Sinking Fund which has been paid into that fund from the Small Craft Harbor Improvement Fund.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3918.5.

3918.5. (a) A separate account shall be established in the Harbor Bond Sinking Fund, in which shall be deposited all money paid into such fund from the San Francisco Harbor Improvement Fund. The money deposited to such account shall be expended only for the purposes described in subsections (1) and (2) of subdivision (a) of Section 3918.
(b) A separate account shall be established in the Harbor Bond Sinking Fund, in which shall be deposited all money paid into such fund from the Small Craft Harbor Improvement Fund. The money deposited in such account shall be expended only for the purposes described in subsections (1) and (2) of subdivision (b) of Section 3918.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3919.

3919. The State Treasurer shall on Controller’s warrants duly drawn for that purpose, invest the moneys in the Harbor Bond Sinking Fund in the purchase of the bonds of the United States, or of the State of California, including any bonds authorized, issued and theretofore sold under authority of this part or of the several counties, municipalities, school districts, or other public agencies of the State of California, which bonds shall be kept in a proper receptacle, appropriately labeled; but he shall keep on hand a sufficient amount of money in the sinking fund with which to pay the principal and interest on such of the state bonds as the same become due. The State Treasurer may only purchase such bonds authorized and issued under authority of this part with moneys in the sinking fund as have been theretofore sold.
Interest accruing upon investment made from moneys in the Harbor Bond Sinking Fund shall be deposited in the respective accounts thereof from which the money invested was derived unless otherwise required under any resolution providing for the issuance of revenue bonds to be credited to the San Francisco Harbor Improvement Fund.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3919.3.

3919.3. The authority is authorized with the approval of the Department of Finance, to invest any surplus moneys in the Fifth San Francisco Seawall Fund in bonds or other obligations of the United States, or of the several counties, municipalities, school districts, or other public agencies of the State of California, and to sell such bonds or obligations, or any of them, at the governing market rates, upon approval of the Department of Finance; or the authority may, with the approval of the Director of Finance, invest money in such fund, in interest-bearing certificates of deposit of state banks having a paid-up capital of five hundred thousand dollars ($500,000) or more; provided, the total amount of money so deposited with any one bank shall not exceed a sum equal to 50 percent of the paid-up capital of such bank; provided, however, nothing herein contained shall inhibit the depositing in banks in accordance with Chapter 4 (commencing at Section 16500), Part 2, Division 4, Title 2 of the Government Code, of money of any of the funds subject to the control of the authority or appropriated for their use.
Interest accruing upon the deposit of money of the fund shall be paid into and credited to the San Francisco Harbor Improvement Fund.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3920.

3920. Whenever the committee deems that it will increase the salability or the price of the bonds to obtain, prior to or after sale, a legal opinion, other than that of the Attorney General, as to the validity of the bonds, the committee may authorize the State Treasurer or the Department of Finance, or both, to obtain such a legal opinion. Payment for such legal services shall be made from the proceeds of the sale of the bonds, or any other funds available to the authority with respect to bonds authorized pursuant to Section 3940 or the commission with respect to bonds authorized pursuant to Section 3950.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3921.

3921. The State Treasurer directly or through a state fiscal agent, or agents, shall, on the respective dates of maturity of all bonds, or on the date fixed for the prior redemption of any thereof which may be duly called for redemption, and on the respective due dates of all coupons pertaining to any of said bonds, other than coupons canceled because of the redemption of any of said bonds prior to maturity, or as soon thereafter as said bonds or coupons respectively are surrendered to him, or to such state fiscal agent, or agents, pay the same.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3922.

3922. Upon the payment of any such bond or coupon, the State Treasurer, or such state fiscal agent, or agents, shall perforate the same with a suitable device in a manner to indicate such payment and a record of such payment shall be made thereof. The State Treasurer, or such state fiscal agent, or agents, shall also on the respective dates of maturity of any such bonds which have been executed but which remain unsold, cancel the same by perforation with a suitable device in a manner to indicate such cancellation and the date thereof, and on the respective due dates of all coupons attached to any such bond remaining unsold, shall detach all such coupons the due date of which has been reached, and cancel them in the same manner as provided for the cancellation of bonds remaining unsold. After proceedings set forth in Section 3907 new bonds conforming to the directions of the committee may be prepared and executed in lieu of any bonds so canceled, and may be sold and issued in the same manner as provided for other bonds in this part.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3923.

3923. The State Treasurer, or such state fiscal agent, or agents, with the approval of the State Treasurer, may destroy or cremate any or all bonds and any or all coupons pertaining thereto which have been previously paid or canceled as provided herein in accordance with the provisions of Government Code Section 16772.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3924.

3924. It shall be the duty of the State Treasurer to pay the interest of said bonds, when the same falls due, out of the moneys provided for in this part, on Controller’s warrants duly drawn for that purpose.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3925.

3925. All bonds issued under this part and sold shall be deemed to have been called in at their respective dates of maturity and the State Treasurer shall, on the respective dates of maturity of said bonds, or as soon thereafter as said matured bonds are surrendered to him, pay the same upon Controller’s warrants duly drawn for that purpose. The provisions of this section shall be applicable also to the interest coupons pertaining to the bonds authorized by this part to be issued.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3926.

3926. Whenever the committee shall determine that any bonds then outstanding, and which by their terms are subject to redemption prior to maturity, should be redeemed, and that money sufficient for such redemption will be available at the time proposed for such redemption, it may, by resolution, direct the State Treasurer to call and redeem any such bonds, at a time specified in such resolution, and the State Treasurer shall thereupon give notice of such proposed redemption and redeem the bonds in accordance with the provisions for redemption provided for in the resolution of the committee adopted under Section 3907 pursuant to which the bonds were issued.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3927.

3927. The State Controller and the State Treasurer shall keep full and particular account and record of all their proceedings under this part, and they shall transmit to the Governor an abstract of all such proceedings thereunder. All books and papers pertaining to the matter provided for in this part shall at all times be open to the inspection of any party interested, or the Governor, or the Attorney General, or a committee of either house of the Legislature, or a joint committee of both, or any citizen of the State.
(Amended by Stats. 2001, Ch. 745, Sec. 124. Effective October 12, 2001.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 1 - General Provisions › Section 3928.

3928. All money remaining in the account of the Harbor Bond Sinking Fund, established pursuant to subdivision (a) of Section 3918.5, after the principal of and interest upon all bonds issued under this part at the instance of the authority have been paid in full and after all such bonds and interest coupons therefrom have been canceled, shall be paid into the San Francisco Harbor Improvement Fund to be expended in accordance with law. All money remaining in the account of the Harbor Bond Sinking Fund, established pursuant to subdivision (b) of Section 3918.5, after the principal of and interest upon all bonds issued under this part at the instance of the commission have been paid in full and after all such bonds and interest coupons therefrom have been canceled, shall be paid into the Small Craft Harbor Improvement Fund to be expended in accordance with law.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 2 - San Francisco Harbor › Section 3940.

3940. Whenever the authority determines by resolution that it is necessary or desirable to obtain funds through the sale of bonds as provided for in this part to provide for the improvement of San Francisco Harbor and its facilities, including wharves, piers, seawalls, railroads, spurs, streets, and appurtenances to any of the foregoing, and personal or real property used in connection therewith, and any necessary dredging and filling in connection therewith by the authority, and to redeem bonds authorized prior to the enactment of this part and outstanding, the authority shall so certify to the committee. Funds so secured shall not exceed, in the aggregate, fifty million dollars ($50,000,000).
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 2 - San Francisco Harbor › Section 3941.

3941. The authority may make improvements or purchases specified in Section 3940 and expend from the Fifth San Francisco Seawall Fund, in the manner authorized by law, any and all funds therein, derived from the sale of bonds as provided in this part.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 2 - San Francisco Harbor › Section 3942.

3942. The authority shall make payments from the San Francisco Harbor Improvement Fund to the Harbor Bond Sinking Fund as required under Section 3918.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 3 - Small Craft Harbors › Section 3950.

3950. Whenever the commission determines by resolution that it is necessary or desirable to obtain funds through the sale of bonds as provided for in this part to provide loans to cities, cities and counties, counties, and districts having power to acquire, construct, and operate small craft harbors, for the planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection therewith, and connecting waterways, in accordance with the provisions of the Division 1 (commencing with Section 30) of this code, the commission shall so certify to the committee. Funds so secured shall not exceed, in the aggregate, ten million dollars ($10,000,000).
(Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 3 - Small Craft Harbors › Section 3951.

3951. The commission may expend from the Small Craft Harbor Bond Fund in the manner authorized by law any and all funds therein derived from the sale of bonds as provided in this part for the purposes specified in Section 3950.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 3 - Small Craft Harbors › Section 3952.

3952. All money received by the commission in repayment of the principal and interest of any loan made from funds secured under this part shall be paid into the State Treasury to the credit of the Small Craft Harbor Improvement Fund.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 4 - HARBOR DEVELOPMENT BOND LAW OF 1958 › CHAPTER 3 - Small Craft Harbors › Section 3953.

3953. The commission shall make payments from the Small Craft Harbor Improvement Fund to the Harbor Bond Sinking Fund as required under Section 3918.
(Added by Stats. 1958, 1st Ex. Sess., Ch. 103.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 6 - HARBORS AND PORTS › PART 6 - Emergency Response and Evacuation › Section 3980.

3980. Local, regional, and statewide agencies responsible for emergency preparation and response activities shall work with all harbor agencies, as defined in Section 1694, within their jurisdiction, to ensure integration of the harbor agencies’ respective emergency preparation, response, and evacuation procedures with the agencies’ activities.
(Added by Stats. 2006, Ch. 859, Sec. 1. Effective January 1, 2007.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4000.

4000. The board of supervisors of any county may, upon approval of the Public Utilities Commission, grant authority to any person to construct a wharf, chute, or pier, on any lands bordering on any navigable bay, lake, inlet, creek, slough, or arm of the sea, situated in or bounding the county, with a license to take tolls for its use for the term of 20 years.
(Amended by Stats. 1983, Ch. 142, Sec. 63.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4001.

4001. The board of supervisors of each county may upon approval of the Department of Finance through the Chief of the Division of State Lands, grant authority to any city, county or person, to construct a wharf for recreational, pleasure or boating purposes, on any lands bordering the seashore other than lands referred to in section 4000, situated in or bounding the county, with a license to take tolls for its use for a term of twenty years.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4002.

4002. Application for such authority is made by publishing notice as required in the next section, and by filing a petition in writing, containing:
(a) The name and residence of the applicant; and if a corporation, a certified copy of the articles of incorporation.
(b) A map of the waters, and the name and location thereof, and of the adjoining lands.
(c) A plan of the wharf or chute proposed to be constructed, and of the land within three hundred feet thereof.
(d) The names of the owners of the lands, and the quantity sought to be used, and whether the right to use it has been or is to be acquired by the applicant.
(e) The distance it is proposed to extend the wharf or chute into the waters.
(f) The estimated cost of the construction of the wharf or chute.
(g) The time when the application will be made.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4003.

4003. Each applicant shall publish a notice in at least one newspaper in each county which the wharf or chute touches, and in which it is located or which it will touch or in which it will be located. If there is no newspaper located in the county, then publication shall be made in a newspaper published in an adjoining county and notices shall be posted in three public places in the proper counties for four successive weeks. The notices shall specify the proposed location of the wharf or chute and shall also state the time and place at which the application will be made.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4004.

4004. When any lands sought to be appropriated and used for a wharf or chute are not owned by the applicant or if a right of way and use has not been obtained by agreement, these facts and the particular description of the land shall be set forth in the petition of the applicant, and a copy of the notice of application shall be served on the owner by the sheriff of the county, at least ten days prior to the day set for the hearing. The sheriff’s official return is conclusive evidence of service.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4005.

4005. If the owner of the land is a nonresident of the county, the sheriff may make service by leaving a copy of the notice of application with the occupant, or agent of the owner. If there is no occupant, or agent of the owner, the sheriff may place a copy in the post office addressed to the owner 30 days prior to the day set for the hearing. If the owner is a minor, has a mental health disorder, lacks mental capacity, or is a decedent, notice shall be served on the owner’s guardian, administrator, or other legal representative.
(Amended by Stats. 2019, Ch. 9, Sec. 2. (AB 46) Effective January 1, 2020.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4006.

4006. On the day named in the notice, or to which the hearing is adjourned, the board shall hear proof of the publication and service of notice. If the proof is satisfactory, the board shall hear the allegations of the petition and any objections to the granting of the application, and proofs in support of each. If from the proofs it appears that the public good or convenience will be promoted thereby, the board may grant to the applicant the right to erect or construct a wharf or chute as prayed for, and to take tolls for its use for the term of twenty years.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4007.

4007. The grant conveys to the grantee or applicant the right of way and all necessary use, for the purposes of the wharf or chute, of any of the overflowed, submerged, or tidelands belonging to the State, and a right of way over any swamp, overflowed, marsh, or tidelands lying between the wharf or chute and high or dry land, fifty feet in width, for twenty years. The grant shall particularly describe the extent of the property subject to the right of way.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4008.

4008. The grant carries with it the right to have unencumbered and unobstructed the land and water on each side of the wharf or chute from high-water mark to navigable water, for a distance of one hundred and fifty feet, for the convenience of landing, loading, and unloading vessels, but for no other purpose.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4009.

4009. After authority to construct a wharf or chute has been granted, until the grantee has procured from the owner the right-of-way and other necessary incidental uses of any lands necessary for the wharf or chute, there is no authority to construct a wharf or chute or to take tolls thereon.
(Amended by Stats. 1975, Ch. 1240.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4010.

4010. The wharf or chute shall not be of a greater width than seventy-five feet, and it may extend to navigable water. A wharf constructed upon any of the navigable rivers, straits, sloughs, and inlets in this State may extend along the shores for a distance not exceeding one thousand feet if it does not obstruct the free navigation of the water on which it is situated. This section does not apply to the water fronts of incorporated cities or towns.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4011.

4011. The orders granting authority, and agreements, contracts, deeds, and decrees of courts granting the right of way and other use of lands, shall be filed and recorded in the office of the recorder of the county in which the wharf or chute is situated, and constitutes the franchise of the applicant. The fees of the recorder, as also the fees of the clerk, sheriff, and other officers, for services rendered, shall be paid by the applicant.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4012.

4012. The board shall annually fix the rate of tolls or wharfage for the use of the wharf or chute, to produce an income of not less than fifteen nor more than twenty-five per cent per annum on the fair cash value of the wharf or chute, and on the cost of its repair and maintenance, exclusive of the amount paid for the license required by this chapter. The value, and the cost of repair and maintenance shall be fixed by the board when fixing the rates of tolls or wharfage, by hearing evidence and examining the assessment rolls of the county. When fixed, the rates shall be furnished the owner, and a printed or written copy conspicuously posted on the wharf or chute.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4013.

4013. When the wharf or chute is completed and the tolls or wharfage fixed, the owner is entitled to a license to take tolls for the term of one year. The license shall be issued by the county auditor on the payment of such license tax as the board may fix, which tax, except for the first year, shall not be more than ten per cent of the gross receipts for tolls or wharfage for the previous year. The fee shall be paid to the county treasury for general road purposes.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4014.

4014. An owner or keeper of a wharf or chute who takes toll or wharfage for its use forfeits the sum of twenty-five dollars, and is liable for all damage occasioned, if he fails to keep it in good repair, or if it is unsafe or dangerous. The penalty may be recovered by order of the board which granted the authority, for the use of the general road fund of the county.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4015.

4015. Authority shall not be granted under this chapter which will interfere with vested rights, or interfere with or infringe grants made by State authority. Authority to construct a wharf or chute does not continue for a longer period than two years, unless it is completed within that time.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4016.

4016. The lands of the State situated in the city of San Francisco, and those otherwise disposed of or situated within the limits of any incorporated town or city of this State, are excluded from the provisions of this chapter. The municipal authorities of any incorporated city or town other than San Francisco may grant authority to construct wharves or chutes as is herein provided for the boards of supervisors.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 1 - Private Wharves and Piers › Section 4017.

4017. A board of supervisors of a county may grant any railroad corporation authority to construct a wharf on or in front of any lands owned by it bordering on any navigable bay, inlet, lake, creek, slough or arm of the sea situated in or bounding the county, with a license to take tolls for its use for the term of the corporate existence of the railroad corporation, not exceeding fifty years, whenever the board finds the use of the wharf or pier is necessary to the exercise of the franchise of the railroad corporation for terminal purposes. The authority may be granted without offering it for sale.
Nothing contained in this chapter shall be construed to limit the powers of a board to grant the right to railroad corporations to build and construct for terminal purposes on and in front of any land owned by it a wharf of the width necessary for the carrying on of the business of such railroad at such terminal. The wharf may extend to the length that may be desirable, not exceeding one thousand feet, if it does not prevent navigation.
There is excluded from the operation of this section any and all territory and property under the jurisdiction or control of any incorporated city or town or any board of State harbor commissioners.
All of the provisions of this chapter not in conflict with anything in this section contained are applicable to all proceedings under this section.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4040.

4040. In any county of this State in which there exists any harbor, bay, inlet, or other arm of the sea, the board of supervisors, upon receiving a petition signed by persons who are both freeholders and electors in such county, equal in number to at least fifteen per cent of the vote cast in the county for the office of Governor at the last preceding election, asking that the matter of issuing bonds of the county for the purpose of improving, developing or protecting the harbor, naming it by the name by which it is commonly called, be submitted to the electors of the county, may appoint a harbor commission for the county, which shall perform the duties and exercise the powers specified in this chapter.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4041.

4041. The harbor commission shall consist of five members, each of whom, at the time of his appointment, is and has been for two years a bona fide resident, elector, and freeholder of the county.
The commissioners shall be appointed to serve for the term of four years, and until their successors are appointed and qualified, and any vacancy shall be filled by appointment by the board of supervisors.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4042.

4042. (a) Each commissioner shall, within 20 days after receiving notice of appointment, qualify by taking and subscribing the constitutional oath of office, and by executing and filing with the clerk of the county in which the commissioner is appointed, a bond in a sum to be fixed by the board of supervisors, which bond, when approved by the superior court of the county, shall be recorded in the office of the county recorder, as other official bonds are recorded, at any time subsequent to 20 days after the appointment.
(b) The commissioners, or a majority of them having qualified, shall meet at a convenient place in the county and organize by electing a chairperson.
(Amended by Stats. 2003, Ch. 149, Sec. 65. Effective January 1, 2004.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4043.

4043. Each member of the commission shall receive five dollars for each day actually and necessarily spent in the discharge of his duties under this chapter, together with his necessary traveling expenses to be allowed and paid monthly by the board upon verified demands presented by each commissioner.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4044.

4044. When a harbor commission appointed under the provisions of this chapter ceases to exist another harbor commission may thereafter be created by the board without requiring an additional petition, and the harbor commission when so created may exercise all of the powers and is governed by the provisions of this chapter to the same extent as the commission first appointed.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4045.

4045. If, after a careful survey, investigation and examination, the commission reports to the board of supervisors that the improvement, development or protection of the harbor is not practicable, or would involve too great an expense, and if the report is approved by the board, the harbor commission shall cease to exist.
If the proposition for the issuance of the bonds of the county for the improvement, development, or protection of the harbor, when submitted to the electors, fails to carry by the requisite number of votes, or when any proposed improvement, development or protection of the harbor is completed, and that fact is established by a finding of the board, the harbor commission shall cease to exist, unless the board shall, by an order entered upon its minutes continue the commission in existence for the purpose of carrying out any additional improvement, development or protection of the harbor, bay, inlet, or other arm of the sea.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4046.

4046. When any improvement, development or protection of a bay, inlet, or other arm of the sea, commenced under this chapter is accomplished, and if the board continues the commission in existence, or if it thereafter creates another commission, the commission shall proceed to examine the harbor, bay, inlet or other arm of the sea in connection with the proposed further or additional improvement, development or protection and it shall provide detail plans and specifications therefor and report to the board the practicability and estimated cost.
The board shall then proceed as if the report was an original one.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4047.

4047. The commission may, with the approval of the board of supervisors, appoint and fix the compensation of a clerk, and his necessary office assistants, and it may also employ and appoint an engineer or engineers and other experts, and, if in its judgment it is necessary, employ an attorney. All employees and appointees shall hold office at the pleasure of the commission.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4048.

4048. Whenever the commission ceases to exist, it shall make a final report to the board and file all books, records and papers appurtenant to the commission and to all work done by it with the board, and, if the report is approved by the board, the commission is discharged from duty and its bonds from that date exonerated.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 7 - COUNTY PROVISIONS › CHAPTER 2 - Harbor Improvement Bonds › ARTICLE 1 - Harbor Commission › Section 4049.

4049. This chapter does not apply to any harbor, bay, inlet, or other arm of the sea, or any portion thereof, maintained or operated by the State or any municipality or to any harbor, bay, inlet, or other arm of the sea, in which the State, since the present State constitution was adopted, has ceded or granted to any municipality the whole or any portion of the salt-marsh or tidelands.
(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 4060.

4060. With all diligence, the commission shall:
(a) Proceed to cause proper surveys to be made of any harbor intended to be improved, developed or protected.
(b) Collect, compile and preserve all proper data and information concerning the harbor, and the necessity, advantage and benefit to be derived by its improvement, development or protection.
(c) Carefully investigate and examine the condition of the harbor.
(d) Ascertain the best, most feasible and practical plan and system of improvement, development or protection to be used and employed, and its cost.
(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 4061.

4061. If the commission, after a careful survey, investigation and examination, finds and reports to the board that the improvement, development or protection of the harbor is not practicable, or that it would involve too great an expense, its report shall be filed, and if it is approved by the board, the harbor commission shall cease to exist.
If the commission finds that the harbor can be improved, developed or protected, and that the public will be benefited by its improvement, development or protection, and the cost will not be disproportionate to the benefits to be derived, it shall provide detailed plans and specifications for the best and most feasible plan of improvement, development or protection of the harbor. It shall estimate the cost and the amount necessary to be raised by the issuance and sale of bonds to do the work, and it shall make a complete, full and comprehensive report of its investigation and examination and file it with the board of supervisors.
(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 4062.

4062. The board shall then fix a date for hearing the report which is not more than thirty nor less than twenty days after the filing, and it shall cause notice of the fact that the report has been filed, and of the date fixed for the hearing to be published by at least two publications in one or more newspapers published in the county.
On the day fixed the board shall hear the report, and it may adjourn the hearing from time to time not exceeding four weeks in all. It shall finally pass upon it, or may refer the report back to the commission for further examination and investigation, or for correction or amendment.
(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 4063.

4063. If the plans and specifications and report are finally approved by the board, it shall adopt a resolution to that effect. The resolution shall set forth:
(a) The harbor to be improved, developed or protected, designating it by the name by which it is commonly called.
(b) The plan or system of improvement, development or protection to be employed.
(c) The estimated cost, and the amount to be raised by the sale of bonds to carry out the plan or system of improvement, development or protection.
(Enacted by Stats. 1937, Ch. 368.)