Harbors and Navigation Code — Part 4 | HNC — United States — California law | Esheria

Harbors and Navigation Code

Part 4 of 7 · provisions 601–800

This section says the act is called the Harbors and Navigation Code.

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Navigable waters and sufficiently large streams are public ways for navigation and transport. Floodwaters temporarily above the normal high-water mark outside a watercourse’s banks are excluded, and this section does not allow trespass. This section declares several named streams, waters, and parts of waterways to be navigable public ways. This section lists certain streams and waters as navigable public ways. This section lists several streams and waters as navigable public ways. This section lists specific streams and waters that are navigable public ways.

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Provisions of Harbors and Navigation Code

Showing 200 of 1,303

  1. 6042.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The clerk of the board of supervisors must certify a copy of the minutes and order and send it to the Secretary of State.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6042. The clerk of the board of supervisors shall thereupon make up and certify a copy of the minutes and order and transmit them to the Secretary of State. (Enacted by Stats. 1937, Ch. 368.)
  2. 6043.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The Secretary of State must file the certificate, and within five days send a certified copy under the great seal to the county clerk.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6043. The Secretary of State shall file the certificate in his office and within five days thereafter execute under the great seal of the State and transmit to the clerk of the county in which the proceedings were had, his certificate that a harbor district under the name set forth in the petition has been formed and exists in that county. (Enacted by Stats. 1937, Ch. 368.)
  3. 6044.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The clerk of the board of supervisors must file the certificate in the clerk’s office; once the Secretary of State’s certificate is filed there, the district’s formation is complete.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6044. The clerk of the board of supervisors shall file the certificate in his or her office and from the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors, the formation of the district is complete. (Amended by Stats. 2002, Ch. 221, Sec. 61. Effective January 1, 2003.)
  4. 6045.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    Challenges to formation of the district must be filed in a court of competent jurisdiction within 60 days after the Secretary of State certificate is filed, or they cannot be maintained or prosecuted.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6010 - 6045] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Election for Formation and for Harbor Commissioners [6030 - 6045] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6045. An action or proceeding shall not be thereafter maintained or prosecuted in any court whatever to test or to invalidate the formation of the district unless it is commenced in a court of competent jurisdiction within 60 days after the date of the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors. (Amended by Stats. 2002, Ch. 221, Sec. 62. Effective January 1, 2003.)
  5. 605.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. )

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    If a nonresident dies before a suit under this chapter starts, process must be served on the executor or administrator. If the defendant dies after a suit has already been properly started, the court must allow the case to continue against the executor or administrator.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. ) ## 605. Where the nonresident has died prior to the commencement of a suit, action or proceeding brought pursuant to this chapter service of process shall be made on the executor or administrator of the nonresident in the same manner and on the same notice as is provided in the case of the nonresident. Where a suit, action or proceeding has been duly commenced under the provisions of this chapter by service upon a defendant or respondent who dies thereafter, the court shall allow the suit, action or proceeding to be continued against his executor or administrator upon motion with such notice as the court deems proper. (Added by Stats. 1963, Ch. 1280.)
  6. 6050.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Each harbor district formed under this part must be governed by a board of five harbor commissioners, and those commissioners serve four-year terms.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6050. Each district formed pursuant to this part shall be governed by a board of five harbor commissioners, who shall hold office for the term of four years from 12 o'clock noon on the first Monday after the first day of January succeeding their election, and until their successors are elected and qualified. (Amended by Stats. 1941, Ch. 997.)
  7. 6051.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The first board is elected at the district-formation election. The top vote-getters for commissioner serve staggered terms: the top two serve four years, and the third through fifth serve two years, both ending only when successors are elected and qualified.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6051. The first board shall be elected at the election for the formation of the district, and the two candidates for commissioner receiving the highest number of votes shall hold office until the expiration of four years from 12 o'clock noon of the first Monday after the first day of January of the odd-numbered year next succeeding the formation of the district, and until their successors are elected and qualified, and the candidates for commissioner receiving the third, fourth and fifth highest number of votes shall hold office until the expiration of two years from 12 o'clock noon of the first Monday after the first day of January of the odd-numbered year next succeeding the formation of the district, and until their successors are elected and qualified. (Amended by Stats. 1941, Ch. 997.)
  8. 6052.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    An election for harbor commissioners must be held in each district on the first Tuesday after the first Monday of November in every even-numbered year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6052. There shall be an election for harbor commissioners within each district on the first Tuesday after the first Monday of November of each even-numbered year. (Amended by Stats. 1965, Ch. 540.)
  9. 6053.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A harbor commissioner candidate must be a registered voter in the proposed or existing district and file a nomination paper signed by 25 to 50 qualified electors of the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6053. A candidate for harbor commissioner shall be a registered voter of the proposed or existing district, and shall qualify for election by securing a nomination paper proposing his or her candidacy for the office of harbor commissioner signed by not less than 25 but not more than 50 qualified electors of the district. (Amended by Stats. 2002, Ch. 221, Sec. 63. Effective January 1, 2003.)
  10. 6054.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Qualified voters may sign nomination papers, and candidates must file nomination papers with the county elections official within the stated election window.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6054. Any qualified voter in the proposed or existing district may sign as many nomination papers as there are commissioners to be elected. At the first and any subsequent election for commissioners, all candidates shall file their nomination papers with the county elections official of the county, not more than 113 nor less than 88 days before the day of election. (Amended by Stats. 2002, Ch. 221, Sec. 64. Effective January 1, 2003.)
  11. 6054.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    If only one person is nominated for each office, or no one is nominated for any office, and no petition signed by 5% of voters has been presented to the district board by the 60th day before the general district election, the election shall not be held.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6054.1. If on the 60th day prior to a general district election only one person has been nominated for each of the offices to be filled at that election or no person has been nominated for any such office or offices, and a petition signed by 5 percent of the voters requesting that the election be held has not been presented to the district board, an election shall not be held. (Amended by Stats. 1971, Ch. 74.)
  12. 6054.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    If no election is held under Section 6054.1, the county board of supervisors must appoint the nominees, or if none were nominated, a qualified person.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6054.2. If, pursuant to Section 6054.1, no election is held, the board of supervisors of the county in which the district is situated shall appoint those nominated for the offices or shall, if no person has been nominated, appoint any qualified person to the office. Any person thus appointed shall qualify, take office, and serve as if elected at a general district election. (Added by Stats. 1965, Ch. 540.)
  13. 6054.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    If a commissioner’s office becomes vacant during the term, the remaining commissioners must appoint someone for the rest of the term. If they do not fill it within 30 days, the board of supervisors must make the appointment.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6054.3. Where the office of a commissioner becomes vacant during his term the vacancy shall be filled for the unexpired portion of the term by appointment by the majority of remaining commissioners, and if not so filled within 30 days after the vacancy, it shall be filled by appointment by the board of supervisors pursuant to Section 1778 of the Government Code. (Added by Stats. 1967, Ch. 663.)
  14. 6055.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Newly elected commissioners must take office within 10 days after the election returns are canvassed, take and file the official oath, and elect a president/chairperson and secretary.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6055. The commissioners elected at the first election shall, within 10 days from the date of the canvass of the returns of the election, enter upon the duties of office. Before entering upon the duties of his or her office, each commissioner shall take and subscribe the official oath before the secretary or an officer authorized by law to administer oaths and shall file it with the county elections official of the county in which the district is situated. They shall elect one of their number as president or chairperson and one of their number as secretary. The president or chairperson and secretary shall serve at the pleasure of the board. (Amended by Stats. 2003, Ch. 389, Sec. 1. Effective January 1, 2004.)
  15. 6056.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Each commissioner must file a $5,000 bond with the county elections official when taking office and for each term.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Election and Terms [6050 - 6056] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6056. Each commissioner upon taking the oath of office, and for each term, shall file with the county elections official of the county in which the district is situated, a bond in the sum of five thousand dollars ($5,000), made payable to the district and conditioned on the faithful performance of his or her duties; the bonds are subject to approval by the board of supervisors of the county. (Amended by Stats. 2002, Ch. 221, Sec. 66. Effective January 1, 2003.)
  16. 606.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. )

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    This section says how compliance with Section 604 must be proved when service is by mail or by personal service outside the state.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. ) ## 606. Proof of compliance with Section 604 shall be made in the event of service by mail by affidavit of the plaintiff or libelant or by affidavit of his attorney showing said mailing, together with the return receipt of the United States post office bearing the signature of the defendant or respondent. The affidavit and receipt shall be appended to the original summons or original citation, which shall be filed with the court from out of which the summons or citation issued within such time as the court may allow for the return of the summons or citation. In the event of personal service outside this State, compliance with Section 604 may be proved by the return of any duly constituted public officer, qualified to serve like process of and in the state or jurisdiction where the defendant or respondent is found, showing such service to have been made. The return shall be appended to the original summons or original citation which shall be filed as aforesaid. (Added by Stats. 1963, Ch. 1280.)
  17. 6060.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    The commissioners serve without salary until district gross income exceeds $20,000 a year, after which the board may set salaries by ordinance up to $600 per month each.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6060. The commissioners shall serve without salary until the yearly gross income of the district, exclusive of taxes levied by the district, exceeds twenty thousand dollars ($20,000) per year, when the board may, by ordinance, fix their salaries, which shall not exceed the sum of six hundred dollars ($600) per month each. In addition to any salary received pursuant to this section, the commissioners shall be allowed any actual and necessary expenses incurred in the performance of their duties. Reimbursement for these expenses is subject to Sections 53232.2 and 53232.3 of the Government Code. (Amended by Stats. 2005, Ch. 700, Sec. 6. Effective January 1, 2006.)
  18. 6061.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    The board must set the compensation or salary of all subordinate officers or employees of the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6061. The board shall fix the compensation or salary of all subordinate officers or employees of the district. (Enacted by Stats. 1937, Ch. 368.)
  19. 6062.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    The board must arrange a yearly audit of its books and compile a statement of its finances.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6062. The board shall provide for a yearly audit of its books by a certified public accountant or a public accountant and compile a statement of its finances. The statement shall be open to the inspection of any qualified electors of the district. (Amended by Stats. 1959, Ch. 230.)
  20. 6063.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    The board must hold at least one meeting each month, at a time set by board ordinance, within the district, and open to the public.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6063. The board shall hold at least one meeting a month, at such time as is fixed by ordinance of the board. The meeting shall be held within the district and shall be open to the public. (Enacted by Stats. 1937, Ch. 368.)
  21. 6064.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may destroy a record if it does so under the referenced Government Code chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Administrative Provisions [6060 - 6064] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6064. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 14. Effective January 1, 2006.)
  22. 607.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. )

    Verify source ↗

    A pending court case may be continued if the court thinks it is necessary to give the defendant or respondent a reasonable chance to defend.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. ) ## 607. The court in which the suit, action or proceeding is pending may order such continuances as may be necessary to afford the defendant or respondent reasonable opportunity to defend the suit, action or proceeding. (Added by Stats. 1963, Ch. 1280.)
  23. 6070.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may pass necessary ordinances to regulate the district, except where Section 660 provides otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6070. Except as otherwise provided in Section 660, the board may pass all necessary ordinances for the regulation of the district, including, but not limited to, ordinances to provide for the protection and safety of persons or the property of persons using district facilities, and persons and property in and upon waters subject to the jurisdiction of the district, and adjacent property owned or controlled by the district. (Amended by Stats. 1970, Ch. 128.)
  24. 6070.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Before adopting certain ordinances, the board must publish a public notice in a qualifying newspaper and set the meeting date at least 20 days after publication. The ordinance takes effect when adopted unless the board sets another effective date.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6070.2. Before any ordinance may be adopted, the violation of which shall be a misdemeanor, a notice shall be published once in a newspaper of general circulation published within the district, or if none, in any newspaper of general circulation published in the county in which the district, or a part thereof, is located, stating generally the nature of the ordinance proposed, stating where and when a copy thereof may be inspected, and specifying the date, not less than 20 days from the date of publication of such notice, on which the board will meet for the purpose of adopting the ordinance. The ordinance shall become effective immediately upon adoption by the board, unless another effective date is set forth by the board. (Added by Stats. 1970, Ch. 128.)
  25. 6070.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person who violates a district ordinance adopted under Sections 6070 and 6070.2 commits a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6070.4. Every person who violates any of the provisions of a district ordinance adopted pursuant to Sections 6070 and 6070.2 is guilty of a misdemeanor. (Added by Stats. 1970, Ch. 128.)
  26. 6070.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district manager, harbormaster, wharfinger, or their authorized representative may issue citations for violations of district ordinances.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6070.6. The district’s manager, harbormaster or wharfinger, or any duly authorized representative of one of these persons, shall have the power to issue citations for violation of district ordinances in the manner provided by Chapter 5c (commencing with Section 853.6) of Title 3, Part 2 of the Penal Code. (Added by Stats. 1970, Ch. 128.)
  27. 6071.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The harbor commission may hire needed staff, and the treasurer must manage district money, report monthly, file a bond and oath, and follow board authorization rules for payments.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6071. It may employ engineers, attorneys and any other officers and employees necessary in the work of the district. It shall appoint a treasurer, who shall hold office at the pleasure of the board, and whose duty it shall be to receive and safely keep all moneys of the district. He shall comply with all provisions of law governing the deposit and securing of public funds. He shall pay out moneys only on warrants duly authorized by the board and not otherwise; provided, however, that no warrants need be issued for the payment of principal and interest on bonds of the district. He shall at regular intervals, at least once each month, submit to the secretary of the district a written report and accounting of all receipts and disbursements and fund balances, a copy of which report he shall file with the board. The treasurer may appoint a deputy or deputies for whose acts he and his bondsman shall be responsible. Such deputy or deputies shall hold office subject to the pleasure of the treasurer and shall receive such compensation as may be provided by the board. Said treasurer shall execute a bond covering the faithful performance by him of the duties of his office and his duties with respect to all moneys coming into his hands as treasurer in such amount as shall be fixed by resolution of said board. The surety bond herein required shall be executed only by a surety company authorized to do business in the State of California and the premium therefor shall be paid by the district out of its general fund. Said bond shall be approved by the board and filed with the secretary of the district. Said treasurer before entering upon the duties of his office shall take and file with the secretary of the district the oath of office required by the Constitution of this State. (Amended by Stats. 1939, Ch. 1031.)
  28. 6072.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Harbor Commission may sue and be sued in the district’s name in competent courts and tribunals.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6072. It may sue and be sued in the name of the district in all courts and tribunals of competent jurisdiction. (Enacted by Stats. 1937, Ch. 368.)
  29. 6073.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Harbor Commission may adopt a seal.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6073. It may adopt a seal. (Enacted by Stats. 1973, Ch. 368.)
  30. 6074.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Harbor Commission may acquire, hold, lease, and dispose of real and personal property, inside or outside the district, when needed to exercise its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6074. It may take by grant, purchase, gift, devise, lease or otherwise acquire, hold and enjoy and lease and dispose of real and personal property of every kind, within or without the district, necessary to the full or convenient exercise of its power. (Enacted by Stats. 1937, Ch. 368.)
  31. 6075.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A harbor district may build, own, operate, control, or develop harbor works and facilities, but land interests cannot be acquired in listed local areas without prior consent by resolution of the relevant governing body.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6075. Notwithstanding Section 6012: (a) A harbor district may acquire, construct, own, operate, control, or develop any and all harbor works or facilities within the limits of its established boundaries. No interest in lands may be acquired, either by lease, purchase, or the exercise of the power of eminent domain within any port district, chartered port, harbor improvement district, incorporated city, or recreational harbor district without the prior consent to the acquisition by resolution of the governing body of each district, port, or city in which the lands are located. (b) Notwithstanding subdivision (a), a harbor district that does not operate on tide and submerged lands that have been granted by legislative enactment may acquire, construct, own, operate, control, or develop any and all harbor works or facilities within or outside the boundaries of the district. No interest in lands may be acquired, either by lease, purchase, or the exercise of the power of eminent domain within any port district, chartered port, harbor improvement district, incorporated city, county, or recreational harbor district without the prior consent to the acquisition by resolution of the governing body of the district, port, city, or county in which the lands are located. (Amended by Stats. 1996, Ch. 770, Sec. 1. Effective January 1, 1997.)
  32. 6076.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Harbor Commission may use eminent domain to take property needed or convenient for carrying out its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6076. It may exercise the right of eminent domain to take any property necessary or convenient to the exercise of its powers. (Amended by Stats. 1975, Ch. 582.)
  33. 6077.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The district may borrow money, incur debt, and issue bonds or other evidence of indebtedness, but bond elections must follow the specified Government Code procedure and total bonded debt may not exceed 15% of assessed property value.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6077. It may borrow money and incur indebtedness and issue bonds or other evidence of indebtedness. All bond elections called by the board shall be conducted and held pursuant to Article 1 (commencing with Section 43600) of Chapter 4 of Division 4, Title 4 of the Government Code. When in that article, the word “city” is used it includes the district and whenever the words “legislative body” are used they mean the board. The purposes for which bonded indebtedness may be incurred by the district are described in Section 6075. All bonds issued shall be signed by the board and a district shall not incur a bonded indebtedness which in the aggregate exceeds 15 percent of the assessed value of all the real and personal property in the district. (Amended by Stats. 1959, Ch. 530.)
  34. 6077.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The board may move unused bond proceeds into the bond repayment fund or use them to buy outstanding district bonds, and the legislative body may reject proposals and later buy bonds for cash within 30 days, subject to a price cap.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6077.1. Whenever the improvement and development work for which any issue of bonds has been voted has been constructed and the proceeds of the bonds sold have not been entirely expended, the board may by resolution order that the unexpended proceeds be placed in the fund provided for the purpose of paying principal and interest of said bonds or said board may by resolution direct that all or a part of said unexpended proceeds be used for the purpose of purchasing outstanding bonds of said district. Said bonds may be purchased only after the publication at least twice in a newspaper of general circulation in the district of a notice inviting sealed proposals for the sale of bonds to the district. The notice shall state the time and place when the proposals will be opened and the amount of money available for the purchase of the bonds. The legislative body may reject any or all proposals and if it rejects all thereof, may within a period of thirty days thereafter purchase for cash any outstanding bonds of the district but in that event the purchase price shall not be more than the lowest purchase price at which bonds were tendered to the district in the public bidding. Any bonds purchased under the authority of this section shall be canceled immediately. (Added by Stats. 1939, Ch. 1031.)
  35. 6077.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Harbor Commission may provide for and supervise pilots and pilotage, and may regulate and control anchoring, mooring, towing, and docking within the harbor.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6077.2. It may provide for, and supervise pilots and the pilotage of sea-going vessels within the harbor and it may regulate and control the anchoring, mooring, towing, and docking of all vessels. (Added by Stats. 1939, Ch. 1031.)
  36. 6077.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Harbor Commission may perform warehouse, stevedoring, lightering, reconditioning, shipping, and reshipping functions for properties of all kinds.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6077.3. It may perform the functions of warehousemen, stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds. (Added by Stats. 1939, Ch. 1031.)
  37. 6077.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The harbor district may manage its business and promote maritime and commercial interests.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6077.4. It may manage the business of the district and promote the maritime and commercial interest by proper advertisement of its advantages and by the solicitation of business within or without the district, within other States or in foreign countries, through such employees or agencies as are expedient. (Added by Stats. 1939, Ch. 1031.)
  38. 6077.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A harbor district may acquire, build, run, and regulate specified harbor-related facilities and other property needed for harbor development and operations.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6077.5. A harbor district may acquire, purchase, takeover, construct, maintain, operate, develop, and regulate grain elevators, bunkering facilities, belt or other railroads, floating plants, lighterage, towage facilities, and any and all other facilities, aids, equipment, or property necessary for, or incident to, the development and operation of a harbor or for the accommodation and promotion of commerce, navigation, or fishery in the harbor district. (Added by Stats. 1986, Ch. 195, Sec. 16.)
  39. 6077.5.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Oxnard Harbor District may acquire, build, operate, develop, and regulate airports and roads, but only with the prior consent of each district, port, city, or county where the land is located.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6077.5.5. Notwithstanding any other provision of this part, the Oxnard Harbor District may acquire, purchase, take over, construct, maintain, operate, develop, and regulate airports and roads with the prior consent of each district, port, city, or county in which the lands are located. (Added by Stats. 1996, Ch. 770, Sec. 2. Effective January 1, 1997.)
  40. 6077.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A harbor district may, by resolution, direct that some or all funds it controls and does not need for current operating expenses be invested under Government Code Section 53601.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6077.6. A harbor district may by resolution order that all or any of the funds under its control and not necessary for current operating expenses be invested in accordance with Section 53601 of the Government Code. (Amended by Stats. 2003, Ch. 389, Sec. 2. Effective January 1, 2004.)
  41. 6078.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The board may do other acts that are necessary and convenient to fully exercise its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6078. The board may do all other acts necessary and convenient for the full exercise of its powers. (Enacted by Stats. 1937, Ch. 368.)
  42. 6079.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The board must set wharfage and other district charges by ordinance.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6079. The board shall by ordinance fix the rate of wharfage charges and other charges which are appropriate for the use of any of the facilities owned and constructed or services furnished or provided by the district. (Amended by Stats. 1939, Ch. 1031.)
  43. 608.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. )

    Verify source ↗

    A nonresident served with process under this chapter has 60 days after receiving the Section 604 notice to appear in the case.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. ) ## 608. In the event of service of process pursuant to this chapter upon a nonresident outside this State, the person so served shall have 60 days from receipt of the notice required under Section 604 in which to appear in the suit, action or proceeding in which the summons or citation was issued. (Added by Stats. 1963, Ch. 1280.)
  44. 6081.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The board may, by resolution, create and accumulate a fund for capital outlays.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6081. By resolution, the board may provide for the creation and accumulation of a fund for capital outlays. (Added by Stats. 1953, Ch. 905.)
  45. 6082.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The board may transfer certain surplus funds to the capital outlay fund after the fund has been created.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6082. At any time after the creation of the fund, the board may transfer to the capital outlay fund any unencumbered surplus funds raised for any purpose whatever, remaining on hand at the end of any fiscal year or years. (Added by Stats. 1953, Ch. 905.)
  46. 6083.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The capital outlay fund must be kept for capital outlays, and money generally cannot be spent from it for other purposes unless the district board gets voter consent.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6083. The capital outlay fund shall remain inviolate for the making of any capital outlays and the money shall not be disbursed from the fund except for such a purpose unless the district board submits a proposition to the electors of the district to obtain their consent to use the money in the fund for some other specific purpose. The proposition may be submitted at any election. A two-thirds vote of all the voters voting at the election is necessary to authorize the expenditure of the money for such other purpose. (Added by Stats. 1953, Ch. 905.)
  47. 6084.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may borrow money or use conditional sales contracts, but only within stated dollar, term, interest, and approval limits. The district must levy and collect taxes to pay the debt.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6084. (a) Notwithstanding any other provision of this part, the board may borrow money by issuance of promissory notes, or execute conditional sales contracts to purchase personal property, in an amount or of a value not exceeding in the aggregate at any one time the sum of one million dollars ($1,000,000), for the purposes of acquiring land for and constructing or operating any work, project, or facility authorized by subdivision (d) of Section 6012 or Section 6075 or for the making of improvements or the purchase of equipment or for the maintenance thereof. All moneys borrowed pursuant to this section shall not be borrowed for a term exceeding five years, and the indebtednesses shall not incur a rate of interest in excess of 12 percent per annum. The indebtedness shall be authorized by a resolution of the board of commissioners adopted by a two-thirds vote of the members of the board. As a condition precedent to the borrowing of any money or the execution of any conditional sales contract, as provided in this section, in excess of one hundred thousand dollars ($100,000), the board shall first by a two-thirds vote approve by resolution and have on file a report on the engineering and economic feasibility relating to the project contemplated for the expenditure of the borrowed money or conditional sales contract. The feasibility report shall be prepared and signed by an engineer or engineers licensed and registered under the laws of the State of California. The district shall budget, levy, and collect taxes and pay for all indebtedness without limitation by any other provision of this part. (b) Subdivision (a) does not apply to any money borrowed from any agency or department of the United States government or of the State of California. (Amended by Stats. 2001, Ch. 177, Sec. 23. Effective January 1, 2002.)
  48. 6084.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    A district may issue limited obligation notes only after a four-fifths board vote and required resolution findings. The notes cannot mature more than 10 years after issuance and cannot exceed $10 million outstanding at any time.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6084.2. (a) A district may issue limited obligation notes after the adoption, by a four-fifths vote of all the commissioners of the board, of a resolution reciting each of the following: (1) That the resolution is being adopted pursuant to this subdivision. (2) The purposes of incurring the indebtedness. (3) The estimated amount of the indebtedness. (4) The maximum amount of notes to be issued, and the source of revenue or revenues to be used to secure the limited obligation notes. (5) The maturity date of the limited obligation notes. (6) The form of the limited obligation notes. (7) The manner of execution of the limited obligation notes. (b) The resolution may also provide for one or more of the following matters: (1) Insurance for the limited obligation notes. (2) Procedures in the event of default, terms upon which the limited obligation notes may be declared due before maturity, and the terms upon which that declaration may be waived. (3) The rights, liabilities, powers, and duties arising upon the district’s breach of an agreement with regard to the limited obligation notes. (4) The terms upon which the holders of the limited obligation notes may enforce agreements authorized by this section. (5) A procedure for amending or abrogating the terms of the resolution with the consent of the holders of a specified percentage of the limited obligation notes. If the resolution contains this procedure, the resolution shall specifically state the effect of amendment upon the rights of the holders of all of the limited obligation notes. (6) The manner in which the holders of the limited obligation notes may take action. (7) Other actions necessary or desirable to secure the limited obligation notes or tending to make the notes more marketable. (c) The limited obligation notes shall bear interest at a rate not exceeding the rate permitted under Article 7 (commencing with Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the Government Code. (d) The limited obligation notes may not mature later than 10 years after the date of the issuance of the notes, and the total amount of the limited obligation notes outstanding at any one time for the district may not exceed the sum of ten million dollars ($10,000,000). (e) The agreement between the district and the purchasers of the limited obligation notes shall state that the notes are limited obligation notes payable solely from specified revenue of the district. The pledged revenue shall be sufficient to pay the following amounts annually, as they become due and payable: (1) The interest and principal on the notes. (2) Payments required for compliance with the resolution authorizing issuance of the notes or agreements with the purchasers of the notes. (3) Payments to meet any other obligations of the district that are charges, liens, or encumbrances on the pledged revenue. (f) The limited obligation notes are special obligations of the district, and shall be a charge against, and secured by a lien upon, and payable, as to the principal thereof and interest thereon, from the pledged revenue. If the revenue described in the authorizing resolution is insufficient for the payment of interest and principal on the notes, the district may make payments from any other funds or revenues that may be applied to their payment. The revenue and any interest earned on the revenue constitute a trust fund for the security and payment of the interest on and principal of the notes. (g) So long as any limited obligation notes or interest thereon are unpaid following their maturity, the pledged revenue and interest thereon may not be used for any other new purpose. (h) If the interest and principal on the limited obligation notes and all charges to protect them are paid when due, the district may expend the pledged revenue for other purposes. (i) Limited obligation notes of the same issue shall be equally secured. (j) The general fund of the district is not liable for the payment of the principal or the interest on the limited obligation notes. (k) The holders of the limited obligation notes may not compel the exercise of the taxing power by the district, other than the revenue pledged, or the forfeiture of the district’s property. (l) Every agreement shall recite in substance that the principal of, and interest on, the limited obligation notes are payable solely from the revenue pledged to the payment of the principal and interest and that the district is not obligated to pay the principal or interest except from the pledged revenue. (Added by Stats. 2003, Ch. 389, Sec. 3. Effective January 1, 2004.)
  49. 6085.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The Crescent City Harbor District may borrow money, incur debt, accept state or federal assistance, and spend those funds on harbor-related facilities and improvements.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6085. Notwithstanding any other provision in this part, the Crescent City Harbor District may borrow money and incur indebtedness under Section 6077 or under Section 6084 and may accept financial or other assistance from the state or federal government, and may expend such funds for the acquisition, construction, development, ownership, and leasing of fish processing plants and facilities, and for any other buildings, plants, equipment, aids, facilities and improvements necessary for or incident to the accommodation and promotion of commerce and fishery in the harbor district. (Added by Stats. 1968, Ch. 787.)
  50. 6086.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The Port San Luis Harbor District may operate the Port San Luis Trailer Park itself as a mobilehome park, but not through a lease with a third party, and only until current occupants leave.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6086. Notwithstanding any other provision of this part, the Port San Luis Harbor District may operate, itself only and not pursuant to a lease agreement with a third party, the portion of its property known as the Port San Luis Trailer Park as a mobilehome park, as defined in Section 798.4 of the Civil Code, until the current occupants of the mobilehome park cease to occupy the park. When any current occupant ceases to occupy his or her mobilehome, the real property on which that occupant’s mobilehome is located shall cease to be used as a location for a mobilehome residence. No current occupant of the park shall acquire, or be entitled to acquire, through occupancy or any other means, a transferable or assumable interest in occupancy in the park. As used in this section, “current occupant” means any individual occupying a mobilehome as a residence in the Port San Luis Trailer Park on the effective date of this section. Nothing in this section shall be construed to affect a current occupant’s right to file a claim against a local public agency as provided in Section 905 of the Government Code. Nothing in this section shall be construed to allow the use of tide or submerged lands belonging to the Port San Luis Harbor District in any manner inconsistent with the California Constitution or with the public trust. (Added by Stats. 1984, Ch. 1081, Sec. 1. Effective September 12, 1984.)
  51. 6087.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    The Oxnard Harbor District may borrow up to $10 million for specified harbor purposes, subject to a five-year term limit, a 12% annual interest cap, and board approval requirements for larger borrowings.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Harbor Commission [6050 - 6087] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. Powers [6070 - 6087] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6087. (a) (1) Notwithstanding the borrowing limit set forth in Section 6084, the Oxnard Harbor District may borrow money by issuance of promissory notes, or execute conditional sales contracts to purchase personal property, in an amount or of a value not exceeding in the aggregate at any one time the sum of ten million dollars ($10,000,000), for the purposes of acquiring land for and constructing or operating any work, project, or facility authorized by subdivision (d) of Section 6012 or Section 6075 or for the making of improvements or the purchase of equipment or for the maintenance thereof. (2) All moneys borrowed pursuant to this section shall be borrowed for a term not exceeding five years, and the indebtednesses shall not accrue interest in excess of 12 percent per annum. The indebtedness shall be authorized by a resolution of the board of commissioners adopted by a two-thirds vote of the members of the board. (3) As a condition precedent to the borrowing of any money or the execution of any conditional sales contract, as provided in this section, in excess of one hundred thousand dollars ($100,000), the board shall first, by a two-thirds vote, approve by resolution and have on file a report on the engineering and economic feasibility relating to the project contemplated for the expenditure of the borrowed money or conditional sales contract. The feasibility report shall be prepared and signed by an engineer or engineers licensed and registered under the laws of the state. (4) The district shall budget, levy, and collect taxes and pay for all indebtedness without limitation by any other provision of this part. (b) Subdivision (a) does not apply to any money borrowed from any agency or department of the United States government or of the state. (Amended by Stats. 2015, Ch. 303, Sec. 244. (AB 731) Effective January 1, 2016.)
  52. 609.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. )

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    This chapter does not override other existing methods of serving process on nonresidents.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Service of Process [600 - 609] ( Chapter 4 added by Stats. 1963, Ch. 1280. ) ## 609. Nothing in this chapter shall be construed as affecting other methods of service of process upon nonresidents as now provided by existing laws. (Added by Stats. 1963, Ch. 1280.)
  53. 6090.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    The county board of supervisors must levy an annual tax to cover district bond interest and principal, subject to a reduction if district funds already cover part of the amount due. Collected taxes must be paid to the district treasurer.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6090. All bonds issued pursuant to this part and Chapter 32, Statutes of 1901, page 27, are obligations of the district and so long as the bonds are outstanding and unpaid the board of supervisors of the county shall at the time of fixing the general tax levy and in the manner provided for such general tax levy until the bonds are paid or until there is a sum in the treasury of the district set apart for that purpose, sufficient to meet all sums coming due for principal and interest, levy and collect annually a tax sufficient to pay the annual interest on such bonds as it comes due and such part of the principal thereof as will become due before the proceeds of another tax levy made at the time of the next general tax levy for county purposes can be made available for the payment of said principal. In the event the district has moneys on hand in any year sufficient to meet all or part of the sum coming due for principal and interest on said bonds prior to the time that the proceeds of a tax levy made at the time of the next general tax levy for county purposes can be made available for the payment of said principal and interest and said moneys have been placed in a fund for the purpose of payment of said principal and interest the amount of moneys to be raised by the annual tax for that year may be reduced to a sum sufficient to provide the balance of moneys necessary for the purpose of payment of said principal and interest. All taxes collected for the payment of principal and interest, shall when collected by the county tax collector, be paid to the treasurer of said district. (Amended by Stats. 1939, Ch. 1031.)
  54. 6091.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must notify the board of supervisors in writing at least 30 days before the supervisors fix the general tax levy, stating the amount needed for bond principal and interest.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6091. The board shall, at least thirty days before the meeting of the board of supervisors at which the general tax levy is fixed, notify the board of supervisors in writing of the amount of money necessary to be raised by taxation to meet the payment of principal and interest on outstanding bonds which will become payable before the proceeds of another tax levy made at the time of the next general tax levy for county purposes can be made available for payment of said principal and interest. In fixing the amount of money to be raised by taxation the Board of Harbor Commissioners may take into account all moneys on hand and set aside in a fund for the purpose of paying said principal and interest and the amount of moneys to be raised by taxation shall be the amount required in addition to any moneys on hand and so set aside for the purpose of payment of said principal and interest. (Amended by Stats. 1939, Ch. 1031.)
  55. 6092.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    Taxes in the district must be levied on all taxable property, collected like other county taxes, and used only to pay the bonds and accrued interest.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6092. The taxes shall be levied upon all of the taxable property within the district taxable for county purposes and are in addition to all other taxes levied for all other county purposes and shall be collected at the same time and in the same manner as other county taxes are collected and shall be used for no purpose other than for the payment of the bonds and accrued interest. (Enacted by Stats. 1937, Ch. 368.)
  56. 6092.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may impose a special tax, and the tax must be applied uniformly within the district, with unimproved property allowed a lower rate than improved property.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6092.5. A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property. (Added by Stats. 1991, Ch. 70, Sec. 3.)
  57. 6093.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Each year, the district board must estimate the harbor district’s funding needs and adopt a preliminary budget by June 15.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6093. On or before June 15 of each year, the district board shall estimate and determine the amount of money required by the harbor district and shall adopt a preliminary budget which shall be divided into the following main classes: (a) Ordinary annual expenses. (b) Capital outlay and capital outlay fund. (c) Prior indebtedness. (Amended by Stats. 1984, Ch. 193, Sec. 76.)
  58. 6093.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must publish an annual notice by June 15 telling taxpayers that the preliminary budget is available for inspection and when the board will meet to fix the final budget.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6093.1. On or before June 15 of each year, the board shall publish a notice pursuant to Section 6061 of the Government Code throughout the district stating both of the following: (a) That the preliminary budget has been adopted and is available at a time and at a place within the district specified in the notice for inspection by interested taxpayers. (b) That on a specified date not less than one month after the publication of the notice and at a specified time and place, the district board will meet for the purposes of fixing the final budget, and that any taxpayer may appear and be heard regarding the increase, decrease, or omission of any item in the budget or for the inclusion of additional items. (Amended by Stats. 1984, Ch. 193, Sec. 77.)
  59. 6093.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Any taxpayer may appear and be heard at the published hearing time and place about changes to the budget or adding missing items.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6093.2. At the time and place designated in the published notice for the meeting, any taxpayer may appear and be heard regarding the increase, decrease or omission of any item in the budget or for the inclusion of additional items. The hearing on the budget may be continued from time to time. (Added by Stats. 1953, Ch. 905.)
  60. 6093.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district board must report the final budget to the board of supervisors by August 1 each year, after the budget hearing and after making any changes it considers advisable to the preliminary budget.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6093.3. The district board shall report the final budget to the board of supervisors after the budget hearing but not later than the first day of August each year after making any changes in the preliminary budget it deems advisable during or after the hearing, including deductions, increases or additions. (Added by Stats. 1953, Ch. 905.)
  61. 6093.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must levy district taxes to cover the final budget, but capital outlay levies can be blocked by a qualifying protest and are capped at $0.03 per $100 assessed valuation.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6093.4. The board of supervisors shall at the time of levying the county taxes, levy a tax upon all the taxable property within the district sufficient to meet the amounts set forth in the final budget submitted by the district board; provided, that no taxes shall be levied for any capital outlay or capital outlay fund included in the final budget submitted by the district board, if not less than 10 percent of the qualified electors of the district have signed a petition filed with the board of supervisors protesting the levy for any capital outlay or capital outlay fund included in the final budget submitted by the district board, or if a written protest against the proposed capital outlay or capital outlay fund signed by a majority in number of the assessees of real property representing one-half or more of the assessed valuation of the taxable real property within the district, as shown by the last preceding equalized assessment roll, is filed with the board of supervisors, the board of supervisors shall delete said levy for capital outlay or capital outlay fund from the final budget before levying a tax to raise the amount required by the final budget. Such protest petition must be filed with the board of supervisors not later than five days prior to the final day on which the board of supervisors is required by law to make the annual tax levy. The money when collected by the tax collector of the county shall be paid to the treasurer of said district; provided further, that any levy for capital outlay or for capital outlay fund shall not exceed three cents ($0.03) per one hundred dollars ($100) assessed valuation of all the real and personal property in the district. (Amended by Stats. 1965, Ch. 540.)
  62. 6094.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may levy assessments, reassessments, special taxes, and bonds for waterway projects, and counties involved may collect and deposit those revenues for the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Taxation and Bonds [6090 - 6094] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 6094. (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related operations and maintenance, or operations and maintenance projects independent of construction projects in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of the Government Code), the Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5 of the Government Code), the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), and the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193, 10104, and 10302 of the Streets and Highways Code shall not apply to assessment proceedings undertaken pursuant to this section. (c) Notwithstanding the related provisions of any assessment act which the district is authorized to use, any assessment diagram which any of those acts requires to be prepared prior to final approval of the assessment district may show only the exterior boundaries of the assessment district and the boundaries of any assessment zones or improvement areas within the district. The diagram may refer to the county assessor’s maps and records for a detailed description of each lot or parcel. (d) Notwithstanding any other provision of law, the district may levy and collect assessments and reassessments in the same manner as provided in Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code, to pay any or all of the following: (1) For the operation and maintenance of projects, including maintenance of lands, easements, rights-of-way, dredge material disposal areas, and remediation. (2) For the satisfaction of liabilities arising from projects. (3) To accumulate a fund which may be used to advance the cost of district projects, provided that the advances be repaid, with interest as determined by the commissioners, from assessments, reassessments, special taxes, or fees charged by the district pursuant to this section. (4) To acquire real property, easements, or rights-of-way for a navigation project or the maintenance of a navigation project. (5) To acquire real property within the district for disposal of dredged material. (e) For purposes of this section, functions designated by Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code to be performed by the board of supervisors, the board of trustees, or valuation commissioners shall be performed by the district’s board. (f) For purposes of this section, the board may order the creation of a separate assessment roll to pay the allowable expenses of any single project or any group or system of projects. (g) Notwithstanding any other provision of law, all assessments, reassessments, and taxes levied by the district may be collected together with, and not separately from, taxes for county purposes. Any county in which the district is located may collect, at the request of the district, all assessments, reassessments, and special taxes levied by the district and shall cause those revenues to be deposited into the county treasury to the credit of the district. Each county may deduct its reasonable collection and administrative costs. (h) Notwithstanding any other provision of law, any assessment or reassessment levied pursuant to this section may be apportioned on the basis of land use category, tonnage shipped on the waterway, size and type of vessel using the waterway, front footage, acreage, capital improvements, or other reasonable basis, separately or in combination, as determined by the district commissioners. (i) Notwithstanding any other provision of law, Division 4 (commencing with Section 2800) of the Streets and Highways Code shall not apply to any assessment levied by the district. (j) Notwithstanding any other provision of law, no bond issued pursuant to this section shall be used to fund the routine maintenance dredging of channels. (Added by Stats. 1991, Ch. 978, Sec. 3.)
  63. 6095.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3.5. Claims [6095- 6095.] ( Chapter 3.5 added by Stats. 1959, Ch. 1727. )

    Verify source ↗

    Claims for money or damages against the district are governed by specified Government Code provisions, except where those provisions or other applicable statutes or regulations say otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3.5. Claims [6095- 6095.] ( Chapter 3.5 added by Stats. 1959, Ch. 1727. ) ## 6095. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. (Amended by Stats. 1963, Ch. 1715.)
  64. 61.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may take necessary action to use applicable Acts of Congress that help carry out this division’s purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 61. The department may take such action as may be necessary to take advantage of any act of Congress heretofore or hereafter enacted which may be of assistance in carrying out the purposes of this division. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  65. 61.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may accept gifts, property interests, and money for state harbor and waterways purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 61.2. For the purposes of this division, the department may receive and accept for the state any gift, devise, grant or other conveyance of title to or any interest in real property. It may receive and accept gifts, donations, contributions, or bequests of money to be used in acquiring title to or any interest in real property or in improving it, in connection with the development and operation of small craft harbors and connecting waterways. It may also receive and accept personal property for such purposes. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  66. 61.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The director may accept federal grants for the department if the Director of Finance approves, and the grants must be deposited in the Special Deposit Fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 61.4. The director, with approval of the Director of Finance, may accept on behalf of the department federal grants for the purposes for which the department is established. Such grants shall be deposited in the Special Deposit Fund in the State Treasury provided for by Section 16370 of the Government Code, and may be expended under such terms and conditions as may be required by the federal government. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  67. 61.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may spend certain appropriated or special-fund money, but it must do so according to law and for the approved purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 61.6. The department may expend the money in any appropriation or in any special fund in the State Treasury made available by law for the administration of the statutes the administration of which is committed to the department, or for the use, support, or maintenance of any board, bureau, commission, department, office or officer whose duties, powers, and functions have been transferred to and conferred upon the department. Such expenditures by the department shall be made in accordance with law in carrying out the purposes for which the appropriations were made or the special funds created. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  68. 61.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department must have possession and control of certain records, property, funds, and related assets connected to duties transferred to it.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 61.8. The department shall have possession and control of all records, books, papers, offices, equipment, supplies, moneys, funds, appropriations, land and other property, real or personal, held for the benefit or use of all bodies, offices, and officers whose duties, powers, and functions have been transferred to and conferred upon the department. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  69. 6100.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. )

    Verify source ↗

    A district may create revenue bond debt for acquisitions and construction of improvements, property, or facilities within its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. ) ## 6100. Pursuant to this chapter a district may create a revenue bond indebtedness for the acquisition and construction, or acquisition or construction of any improvements or property or facilities contained within its powers. (Added by Stats. 1945, Ch. 1131.)
  70. 6101.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. )

    Verify source ↗

    A board may authorize the issuance of the bonds by ordinance if two-thirds of all board members adopt it, and the ordinance takes effect when published.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. ) ## 6101. The issuance of said bonds shall be authorized by ordinance adopted by two-thirds of all the members of the board, to take effect upon its publication. (Added by Stats. 1945, Ch. 1131.)
  71. 6102.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. )

    Verify source ↗

    The secretary must publish the ordinance once in a newspaper of general circulation printed in the district, or if none exists, in a newspaper published in the county where the district is located.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. ) ## 6102. The secretary shall publish said ordinance once in a newspaper of general circulation printed in said district, and if there is none, then in such newspaper published in the county in which said district is located. (Added by Stats. 1945, Ch. 1131.)
  72. 6103.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. )

    Verify source ↗

    The ordinance must state the bond amount, denomination, maturity method, interest rate or maximum rate, whether more parity revenue bonds may be issued, and the planned acquisitions and improvements.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. ) ## 6103. The ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of the bonds, whether other parity revenue bonds may be issued, and in general terms, the acquisitions and improvements to be constructed thereby; and, in addition, shall contain other and further provisions as in the judgment of the board are deemed advisable. (Amended by Stats. 1991, Ch. 978, Sec. 4.)
  73. 6104.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. )

    Verify source ↗

    Bond proceeds must be deposited in a district treasury account and used only for the ordinance’s stated purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. ) ## 6104. The proceeds of said bonds shall be placed in an account in the treasury of the district to be entitled ____ Harbor District Revenue Construction Fund No. ____, and used exclusively for the objects and purposes mentioned in the ordinance. (Added by Stats. 1945, Ch. 1131.)
  74. 6105.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. )

    Verify source ↗

    The district may issue parity revenue bonds only if the board first determines, after an audit under generally accepted accounting principles, that the required financial conditions are met.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. ) ## 6105. (a) The lien of the bonds of the same issue shall be prior and superior to all revenue bonds subsequently issued. (b) The district shall only issue parity revenue bonds if the district board determines, based on an audit of the district’s finances conducted under generally accepted accounting principles, that both of the following conditions exist: (1) The district is not in default in the repayment of any prior issuance of its bonds. (2) The net revenues of the district for the prior fiscal year have amounted to at least 125 percent of the maximum annual debt service in any fiscal year thereafter, including all indebtedness incurred as the result of additional issues of bonds. (A) For purposes of calculating the net revenues of the district for the prior fiscal year pursuant to this paragraph, the district may include up to 75 percent of the district’s estimated additional annual net revenue to be derived from either of the following: (i) Any additions, improvements, or extensions to the district’s properties, works, or facilities, or the pro rata portion thereof, which were not in service during the prior fiscal year, and that were, or are to be, made using funds from any source, including, but not limited to, the parity revenue bonds. (ii) Any increase in the charges made for the district’s services that became effective prior to the authorization of the parity revenue bonds but which were not in effect during the prior fiscal year. (Amended by Stats. 1996, Ch. 770, Sec. 3. Effective January 1, 1997.)
  75. 6106.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. )

    Verify source ↗

    This section gives the board the powers and duties, and bondholders the rights and remedies, set out in specified Government Code provisions.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Revenue Bonds [6100 - 6106] ( Chapter 4 added by Stats. 1945, Ch. 1131. ) ## 6106. Proceedings for the issuance of the bonds shall commence, the board shall have those powers and duties, and the bondholders shall have those rights and remedies provided in Sections 54344 to 54346, inclusive, Sections 54347, 54348, 54350, 54351, 54352, and Article 4 (commencing with Section 54400) to Article 11.5 (commencing with Section 54664), inclusive, of Chapter 6 of Part 1 of Division 2 of Title 5 of the Government Code. As used in those provisions, “resolution” means ordinance, “local agency” means district, and “legislative body” means board. (Amended by Stats. 1996, Ch. 770, Sec. 4. Effective January 1, 1997.)
  76. 6110.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Annexation [6110- 6110.] ( Chapter 5 added by Stats. 1953, Ch. 1812. )

    Verify source ↗

    A district may annex certain territory in the same county or another county if it is contiguous, touches the district, or is separated only by a listed barrier.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 3. HARBOR DISTRICTS [6000 - 6110] ( Part 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Annexation [6110- 6110.] ( Chapter 5 added by Stats. 1953, Ch. 1812. ) ## 6110. There may be annexed to a district any of the following territory which is in the same county as the district, or in any other county: a. Any territory contiguous to the district. b. Any territory, any point of which touches the district. c. Any territory separated from the district by a “separating barrier,” which term includes a street, road, highway, railway line, railway crossing, railway right-of-way, watercourse, lagoon, or other natural barrier. d. Any territory specified in this section may consist of one or more separate parcels of land, but it is not necessary that all parcels shall constitute in the aggregate one tract of land. (Amended by Stats. 1965, Ch. 2043.)
  77. 62.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may transfer, sell, or otherwise dispose of personal property under its jurisdiction, but only with approval from the Department of General Services. It may also contract with other public agencies for custody of that property.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 62. The department, with the approval of the Department of General Services, may transfer, sell or otherwise dispose of personal property under its jurisdiction, and may contract with other public agencies for its custody. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  78. 62.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    If the department has overpaid or deposited money in error, or a refund is otherwise due, the director must file a claim with the State Controller and the Controller must issue the refund warrant.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 62.4. Whenever the department has received and deposited any money in the State Treasury to the credit of the General Fund in an excessive amount or in error, or whenever a refund of all or a portion of such money is due any person, firm, or corporation because of the termination of an agreement or other lawful reason, payment of such refund shall be made upon the filing of a claim by the director with the State Controller. The State Controller shall draw his warrant for payment of the refund from any appropriation made for that purpose. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  79. 62.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may, with approval from the Department of General Services, buy insurance for its vessels against ordinary hazards and war-related hazards.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 62.6. The department, with the approval of the Department of General Services, may procure insurance on vessels owned or operated by the department against the usual hazards in addition to the special hazards occasioned by the existence of a state of war. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  80. 62.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may issue publications and exhibits to disseminate information about its work, distribute publications free to certain public bodies, exchange copies with contemporary publications, and must send most publication-sale money to the State Treasury for the Harbors and Watercraft Revolving Fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 62.8. For the purpose of disseminating information relating to its activities, powers, duties, or functions, the department may issue publications, construct and maintain exhibits, and perform such acts and carry on such functions as in the opinion of the director will best tend to disseminate that information. The publications may be distributed free of charge to public libraries and to other state departments and state officers. The department may exchange copies with contemporary publications. All money received by the department from the sale of publications, exclusive of money received by any separate division of the department from the sale of publications, shall be paid into the State Treasury to the credit of the Harbors and Watercraft Revolving Fund. (Amended by Stats. 1987, Ch. 745, Sec. 1.)
  81. 62.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    On request, the department must provide small craft harbor owners or operators with available commission information about harbor facility maintenance, new technical materials, feasibility reports, environmental impact reports, permits, and related development steps.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 62.9. Upon request, the department shall make available to persons owning or operating small craft harbors, such information as is available to the commission concerning the following: (a) The maintenance and improvement of existing small craft harbor facilities. (b) The application of new technical materials and concepts. (c) The preparation of feasibility reports, environmental impact reports, permits, and other steps required to develop new small craft harbor facilities. (Added by Stats. 1978, Ch. 655.)
  82. 6210.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may be organized under this part, must include one municipal corporation and contiguous unincorporated territory in one county, and a municipal corporation may not be divided when forming a district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6210. A district may be organized pursuant to this part. It shall include one municipal corporation and any contiguous unincorporated territory in any one county but a municipal corporation shall not be divided in the formation of a district. Territory which may be annexed to a municipal corporation, which is in a district, is by virtue of the annexation a part of the district. (Enacted by Stats. 1937, Ch. 368.)
  83. 6211.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district’s formation starts with a petition filed at a regular board of supervisors meeting, and the petition must be signed by enough registered voters in the proposed district to equal at least five percent of the voters who cast ballots in the last governor’s election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6211. The formation of a district is initiated by a petition presented at a regular meeting of the board of supervisors of the county in which the proposed district is situated. The petition shall be signed by a number of registered voters, residing within the proposed district, equal to not less than five per cent of the number of registered voters, residing in the district, who voted at the last preceding general State election at which a Governor was elected. The petition may consist of any number of instruments. (Enacted by Stats. 1937, Ch. 368.)
  84. 6212.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A petition for a proposed district must name the district, describe its boundaries, and request that the territory be created as a district under this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6212. The petition shall state the name of the proposed district, and describe the proposed boundaries and it shall pray that the territory included be created a district pursuant to this part. (Enacted by Stats. 1937, Ch. 368.)
  85. 6213.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    When a petition is presented, it must be filed with the clerk of the board of supervisors, and the board must set a hearing date.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6213. Upon presentation, the petition shall be filed with the clerk of the board of supervisors, and upon filing, or at its next regular meeting, the board of supervisors shall fix a time for hearing it, which shall not be less than thirty nor more than sixty days from the date of filing. (Enacted by Stats. 1937, Ch. 368.)
  86. 6214.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The hearing notice and a copy of the petition, excluding the names, must be published at least four times in the required newspaper.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6214. A notice of the time and place of the hearing of the petition, including a copy of the petition, excepting the names thereon, shall be published at least four times in a newspaper of general circulation published in the territory included within the proposed district, and in case no such newspaper is published in the territory, then in a newspaper published in the county in which the proposed district is situated. (Enacted by Stats. 1937, Ch. 368.)
  87. 6215.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    At a petition hearing, the board of supervisors must hear supporters and any protests or objections. The hearing may be postponed in parts, but the total adjournment time cannot exceed 60 days.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6215. At the hearing of the petition, the board of supervisors shall hear those appearing in support, and all protests or objections. The hearing may be adjourned from time to time, not exceeding sixty days in all. (Enacted by Stats. 1937, Ch. 368.)
  88. 6215.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If qualifying protests are made before the district is finally formed, the board of supervisors must terminate the proceeding.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6215.5. If the board of supervisors finds that protests have been made, prior to its final determination for formation of the district, by the owners of real property within the proposed district the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the real property within the proposed district, the proceeding shall terminate. The board of supervisors shall order the proceeding terminated when such protests are received. (Added by Stats. 1958, 1st Ex. Sess., Ch. 70.)
  89. 6216.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors may change proposed district boundaries and must set the final boundaries, with notice and timing rules if it wants to add territory.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6216. The board of supervisors may make such changes in the proposed boundaries of the district as are advisable, and it shall define and establish the boundaries. If the board of supervisors deems it proper to include any territory not included within the boundaries proposed in the petition, it shall first give notice of its intention so to do, by publication of notice in a newspaper published in the county in which the district is located, for two times. The hearing on a proposed inclusion of additional territory shall not be continued beyond sixty days after the board determines to give notice of its intention to increase the boundaries. Within ten days of the final hearing of the matter, the board of supervisors shall make its order fixing the boundaries of the district. (Enacted by Stats. 1937, Ch. 368.)
  90. 6217.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must set district boundaries so they do not cover more than fifty square miles of unincorporated territory.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6217. The boundaries of any district shall be fixed by the board of supervisors so as not to include more than fifty square miles of unincorporated territory. This area shall have a frontage upon the waterway which it is contemplated will be improved, and the board of supervisors shall only include within the boundaries land which will be benefited by the creation and operation of the district. (Enacted by Stats. 1937, Ch. 368.)
  91. 6218.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must call an election when it fixes the district boundaries.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Petition and Hearing [6210 - 6218] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6218. At the time of making its order fixing the boundaries of the district the board of supervisors shall call an election to determine whether the proposed district shall be organized. A defect in the contents of the petition or in the title to or in the form or publication of the notice shall not vitiate any proceedings thereon, if the petition has a sufficient number of qualified signatures. (Enacted by Stats. 1937, Ch. 368.)
  92. 6230.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Election on Formation [6230 - 6233] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    An election must be held within 130 days after the call to decide whether the district will be organized.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Election on Formation [6230 - 6233] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6230. An election shall be held within 130 days of the call, to determine whether the district shall be organized. The election shall be conducted in conformity with the general election laws. At the election the proposition shall be placed on the ballot, permitting each voter to vote “yes” or “no.” (Amended by Stats. 2002, Ch. 221, Sec. 67. Effective January 1, 2003.)
  93. 6231.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Election on Formation [6230 - 6233] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board of supervisors must count the election results and certify them to the Secretary of State; the Secretary of State must file the certificate. If a majority vote “yes,” the proposition is carried, and the district exists after the certificate is filed.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Election on Formation [6230 - 6233] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6231. The board of supervisors shall canvass the results of the election and if a majority of those voting have voted “yes” the proposition is carried, and the board of supervisors shall certify the result to the Secretary of State, who shall file it. From and after the filing of the certificate by the Secretary of State, the district is in existence. (Enacted by Stats. 1937, Ch. 368.)
  94. 6232.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Election on Formation [6230 - 6233] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A certified copy of the certificate filed with the Secretary of State must be recorded in the county recorder’s office in the county where the district is located.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Election on Formation [6230 - 6233] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6232. A certified copy of the certificate filed with the Secretary of State, shall be recorded in the office of the county recorder in the county in which the district is situated. (Enacted by Stats. 1937, Ch. 368.)
  95. 6233.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Election on Formation [6230 - 6233] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Election informality does not invalidate the district, and any challenge to the district’s establishment must be started within 60 days after the certificate is filed with the Secretary of State.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Formation [6210 - 6233] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Election on Formation [6230 - 6233] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6233. Any informality in procedure or in the conduct of the election shall not invalidate the establishment of the district. Any proceedings in which the validity of its establishment is denied shall be commenced within sixty days after the date of filing in the office of the Secretary of State of the certificate mentioned in this article. Otherwise, the establishment and legal existence of the district and all proceedings in respect thereto are valid in every respect and incontestable. (Enacted by Stats. 1937, Ch. 368.)
  96. 6240.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district is governed by a five-member board of port commissioners, with commissioners appointed by county and city authorities and one commissioner selected by a board of election; the board also appoints an auditor, subject to approval.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6240. The district shall be governed by a board of port commissioners. The board consists of five members. Two of the commissioners shall be appointed by the board of supervisors of the county in which the district is located. Two of the commissioners shall be appointed by the city council of the municipal corporation situated in the district. The board of supervisors, together with five members of the city council, appointed by the mayor of the municipality in the district constitute a board of election to appoint the other commissioner. This commissioner shall be chairman of the board. A majority vote is necessary for the appointment of the chairman of the board. An auditor shall be appointed by the board of port commissioners and approved by the board of supervisors and the city council. (Amended by Stats. 1959, Ch. 2103.)
  97. 6240.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Stockton Port District is governed by a seven-member board, with appointments split between county and city authorities.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6240.3. (a) The Stockton Port District shall be governed by a board of port commissioners consisting of seven members who shall have the qualifications prescribed by Section 6244. Three of the commissioners shall be appointed by the Board of Supervisors of San Joaquin County and four of the commissioners shall be appointed by the City Council of the City of Stockton. (b) Commissioners may be removed from office during their term at pleasure by a two-thirds vote of the appointing authority. (c) The terms of members of the board of port commissioners in office on the effective date of this section shall expire on the succeeding calendar day. Within 10 days thereafter, members of the board of port commissioners shall be appointed in the manner prescribed by subdivision (a). The terms of office of the members of the board of port commissioners shall be four years from the time of appointment, unless removed from office during their term pursuant to subdivision (b), except that the commissioners first appointed shall classify themselves by lot, so that the terms of such initial members shall expire, as follows: (1) One member January 15, 1975. (2) Two members January 15, 1976. (3) Two members January 15, 1977. (4) Two members January 15, 1978. (d) At the first meeting of the board of port commissioners, the board shall organize by electing one of its members chairman. The members of the board of port commissioners shall annually elect a chairman. A chairman shall not succeed himself in office. (Added by Stats. 1973, Ch. 830.)
  98. 6240.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The Santa Cruz Port District is governed by a five-member board elected at large, and board members must be district electors.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6240.5. The Santa Cruz Port District shall be governed by a board of port commissioners consisting of five members, elected by the district at large, each of whom shall be an elector of the district at the time of his or her nomination or appointment and during his or her entire term. The Uniform District Election Law (Part 4 (commencing with Section 10500) of Division 10 of the Elections Code) shall govern all district elections for port commissioners. All members of the board of port commissioners of the district shall be elected at the general district election to be held in 1979 and shall take office as provided in the Uniform District Election Law. The district shall continue to be governed by a board of port commissioners appointed in accordance with this chapter until succeeded by the board of port commissioners elected at such general district election at noon on the last Friday in November next following the election. The term of office of each commissioner is four years, and as provided in the Uniform District Election Law, except that the commissioners elected at the first general district election shall classify themselves by lot so that the initial term of office of two commissioners shall be two years and the initial term of office of three commissioners shall be four years. All vacancies occurring in the office of commissioner shall be filled by appointment by a majority of the remaining commissioners and as provided in Section 1780 of the Government Code. At the first meeting of the board of port commissioners following the general district election, the board shall organize by electing one of its members chairperson. The members of the board of port commissioners shall annually elect a chairperson. A chairperson shall not succeed himself or herself in office. (Amended by Stats. 1994, Ch. 923, Sec. 111. Effective January 1, 1995.)
  99. 6241.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Appointments must be made within 30 days after the district is formed.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6241. These appointments shall be made within thirty days after the formation of the district. (Enacted by Stats. 1937, Ch. 368.)
  100. 6241.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Ventura County port districts are governed by a five-member board appointed by the mayor with city council approval.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6241.1. Port districts in Ventura County shall be governed by a board of port commissioners consisting of five members appointed by the mayor of the municipal corporation in the district, with the approval of the city council. The chairperson of the board shall be elected by the commissioners for a term of two years. An auditor shall be appointed by the board with the approval of the city council. After a public hearing, the city council may remove commissioners from office during their term for cause by a vote of not less than five members of the city council. (Amended by Stats. 1985, Ch. 626, Sec. 1.)
  101. 6242.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a board seat becomes vacant, the body that appointed the departing commissioner must fill the vacancy, and the replacement serves only for the remainder of the term.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6242. A vacancy on the board shall be filled by the body which appointed the commissioner whose office is vacated, and the new appointee shall hold his office for the unexpired term. (Enacted by Stats. 1937, Ch. 368.)
  102. 6243.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Each commissioner must take and sign an oath or affirmation within 10 days after appointment, before starting office duties, and file it in the district office.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6243. Each commissioner shall, within ten days after his appointment and before entering upon the discharge of the duties of his office, take and subscribe to an oath or affirmation before an officer authorized by law to administer oaths, that he will support the Constitution of the United States and the Constitution of the State of California, and will faithfully discharge the duties of his office according to the best of his ability. The oaths or affirmations shall be filed in the office of the district. (Enacted by Stats. 1937, Ch. 368.)
  103. 6244.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A person cannot be appointed to the board unless they are a district taxpayer and have lived in the district for at least one year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6244. A person shall not be appointed a member of the board unless he is, at the time of his appointment, a taxpayer within the district and has resided within the district for at least one year. (Enacted by Stats. 1937, Ch. 368.)
  104. 6245.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Each commissioner serves a four-year term from appointment, with special initial terms for the first chairman and the first board members selected by lot.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6245. The term of office of each commissioner is four years from the time of his appointment, except that the chairman first appointed shall hold office for two years, and the remaining commissioners first appointed to the board shall classify themselves by lot, so that they hold office respectively for one, two, three, and four years. (Enacted by Stats. 1937, Ch. 368.)
  105. 6246.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The chairman is the board’s presiding officer and must vote on propositions the board considers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6246. The chairman is the presiding officer of the board and he shall vote on propositions passed upon by the board. (Enacted by Stats. 1937, Ch. 368.)
  106. 6247.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must hold its first meeting within ten days after its chairman is appointed. The board may also set its own procedure rules and choose the place and time of meetings.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6247. The first meeting of the board shall be held within ten days of the appointment of its chairman. The board may make its own rules of procedure and determine the place and time of its meeting. (Enacted by Stats. 1937, Ch. 368.)
  107. 6248.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must choose one of its members as vice chairman and may select other officers needed to run the district, but not the auditor.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6248. The board shall select one of its members vice chairman, who shall preside in the absence of the chairman. The board shall provide for and select such officers, except the auditor, as it deems necessary to conduct the affairs of the district. (Enacted by Stats. 1937, Ch. 368.)
  108. 6249.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may set rules for selecting district officers and employees (except the auditor), must fix salaries or wages, and may arrange group insurance or annuity benefits and related premium deductions and payments.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6249. The board may prescribe rules and regulations pertaining to the selection of officers and employees of the district, other than the auditor. It shall also fix the salary or wages of all officers and employees of the district. The term of each officer appointed by the board shall be during the pleasure of the board. The board may adopt and carry into effect a contract or contracts of group insurance or a system of group annuities or both for the benefit of such of the officers and employees of the district as accept the same and who have authorized the board to make deductions from their compensation for the payment of a portion of the premium thereon. Contracts of group insurance or systems of group annuities which include benefits to dependents of officers and employees are contracts of group insurance or systems of group annuities for the benefit of officers and employees for the purpose of this section. The board may make such deductions and may pay the remainder of such premiums from any funds of the district not required to be devoted to a specific purpose. The board may pay such portion of the premiums thereon or attributable thereto as it determines to be advisable. The board may arrange or contract for a contract or contracts of group insurance or a system of group annuities or both with any public agency or any insurance company or agent authorized by or pursuant to law to transact such business within this State. (Amended by Stats. 1953, Ch. 916.)
  109. 6250.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board may choose a corporation as treasurer, or assign the treasurer’s duties to the county treasurer or city treasurer.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6250. A corporation may be selected as treasurer or the board may provide that the duties of the treasurer shall be performed by the county treasurer of the county in which the district is located, or by the city treasurer of the city within the district. (Enacted by Stats. 1937, Ch. 368.)
  110. 6251.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Commissioners must serve without salary or compensation.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6251. The commissioners shall serve without salary or compensation. (Enacted by Stats. 1937, Ch. 368.)
  111. 6252.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district auditor serves at the pleasure of the board of election, and the board fixes the auditor’s salary and can require a bond.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6252. The auditor of the district shall hold office during the pleasure of the board of election, and it shall fix his salary and require him to file a bond for the faithful performance of his duties in such amount as it may determine. The bonds shall be filed in the office of the board. (Enacted by Stats. 1937, Ch. 368.)
  112. 6253.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The mayor of the city within the district, or the county board of supervisors chair, may call meetings of the board of election.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6253. The mayor of the city within the district, or the chairman of the board of supervisors of the county in which the district is located, may call meetings of the board of election. (Enacted by Stats. 1937, Ch. 368.)
  113. 6254.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district’s fiscal year must run from July 1 to June 30, unless the county board of supervisors consents to a different schedule.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6254. The fiscal year of any district shall begin on the first day of July of each year and shall end on the thirtieth day of June in the following year, unless otherwise fixed with the consent of the board of supervisors of the county in which the district is located. (Enacted by Stats. 1937, Ch. 368.)
  114. 6255.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board must file an annual report on the district’s affairs and financial condition.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Administrative Provisions [6240 - 6255] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6255. The board shall annually file a report of the affairs and financial condition of the district for the preceding year. This report shall show the sources of all receipts and purposes of all disbursements during the year. (Enacted by Stats. 1937, Ch. 368.)
  115. 6270.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The board exercises the district’s powers by ordinance or resolution passed by majority vote, and ordinances must be published before final passage.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6270. The powers of a district established pursuant to this part shall be exercised by the board, by ordinance or resolution passed by a majority vote of the board. All ordinances shall be published in a newspaper of general circulation, printed or published in the county in which the district is situated, at least once before final passage. Franchises and leases for a period of more than ten years shall not be valid, unless authorized by ordinance. (Enacted by Stats. 1937, Ch. 368.)
  116. 6271.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A franchise or lease of district property cannot be granted for more than 50 years.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6271. A grant of a franchise or lease of property of the district shall not be made for a longer period than 50 years. (Amended by Stats. 1958, 1st Ex. Sess., Ch. 21.)
  117. 6272.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may destroy a record if it does so under the cited Government Code chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6272. A district may destroy a record pursuant to Chapter 7 (commencing with Section 60200) of Division 1 of Title 6 of the Government Code. (Added by Stats. 2005, Ch. 158, Sec. 15. Effective January 1, 2006.)
  118. 6273.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may do its own work and improvements without hiring contractors, and the work must be carried out under its officers’ or employees’ direction.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6273. The district may itself, without letting contracts therefor, do work and make improvements. The work shall be done under the direction of its officers or employees. (Added by Stats. 1986, Ch. 195, Sec. 17.)
  119. 6275.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    District officers and employees must not have interests in district contracts or transactions, act as surety for district contracts, or receive extra value from district dealings beyond lawful compensation.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6275. An officer of the district, and any of its employees, shall not be interested, directly or indirectly, in any contract or transaction with the district; or become surety for the performance of any contract made with or for the district, upon bonds given to the district. An officer or employee of the district shall not receive any commission or thing of value, or derive any profit, benefit, or advantage, directly or indirectly, from or by reason of any dealings with or service for the district by himself or others, except as lawful compensation as such officer or employee. The violation of the provisions of this section by an officer or employee works a forfeiture of his office or employment. (Enacted by Stats. 1937, Ch. 368.)
  120. 6276.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may agree to provide stevedore employees workers’ compensation benefits on the terms allowed by this section, and certain insurers may provide coverage for those benefits.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Board of Port Commissioners [6240 - 6276] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Jurisdiction and Powers of the Board [6270 - 6276] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6276. (a) In lieu of the benefits afforded pursuant to Division 4 (commencing with Section 3200) and Division 4.7 (commencing with Section 6200) of the Labor Code, the district may agree to provide workers’ compensation benefits to its stevedore employees in amounts, and under such conditions, as would be payable to stevedore employees of private employers pursuant to the Longshoremen’s and Harbor Workers’ Compensation Act (33 U.S.C. 901, et seq.). (b) Such an agreement shall be binding upon the parties only if it is in writing and signed by the employee and by a representative of the district. It shall acknowledge, in writing, that the benefits agreed upon are authorized by this section and are expressly in lieu of any benefits available under Division 4 (commencing with Section 3200) and Division 4.7 (commencing with Section 6200) of the Labor Code. (c) All claims for benefits against the district which are authorized by this section shall be determined pursuant to law and the rules and regulations of the Workers’ Compensation Appeals Board. To the fullest extent possible, the Workers’ Compensation Appeals Board shall attempt to apply the Longshoremen’s and Harbor Workers’ Compensation Act to employees covered by this section in the same manner as applicable to private employees. (d) Notwithstanding the provisions of Sections 11779 and 11870 of the Insurance Code or any other provision of law, the State Compensation Insurance Fund or any private insurer may provide insurance coverage for the benefits authorized by this section. (Added by Stats. 1981, Ch. 739.)
  121. 6290.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district created under this part is treated as a public corporation for municipal purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6290. A district created under this part is a public corporation created for municipal purposes. (Enacted by Stats. 1937, Ch. 368.)
  122. 6291.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This section says it has perpetual succession.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6291. It has perpetual succession. (Enacted by Stats. 1937, Ch. 368.)
  123. 6292.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may sue and be sued.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6292. It may sue and be sued. (Enacted by Stats. 1937, Ch. 368.)
  124. 6293.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The section says a district may adopt a seal.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6293. It may adopt a seal. (Enacted by Stats. 1937, Ch. 368.)
  125. 6294.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may acquire, hold, lease, or dispose of real and personal property, inside or outside the district, if needed to carry out its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6294. It may take by grant, purchase, gift, devise or lease or otherwise acquire and hold and enjoy, and lease or dispose of, real and personal property of every kind, within or without the district, necessary to the full or convenient exercise of its powers. (Enacted by Stats. 1937, Ch. 368.)
  126. 6295.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may acquire, build, operate, develop, and regulate port-related facilities and other property or personnel needed for port and waterway operations.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6295. A district may acquire, purchase, takeover, construct, maintain, operate, develop, and regulate wharves, docks, warehouses, grain elevators, bunkering facilities, belt railroads, floating plants, lighterage, lands, towage facilities, and any and all other facilities, aids, or public personnel, incident to, or necessary for, the operation and development of ports, waterways, and the district. (Added by Stats. 1986, Ch. 195, Sec. 18.)
  127. 6296.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may use eminent domain to take property needed to carry out its purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6296. It may exercise the right of eminent domain to take any property necessary to carry out any of the objects or purposes of the district. (Amended by Stats. 1975, Ch. 582.)
  128. 6297.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A district may borrow money and issue bonds or similar debt instruments for its purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6297. It may incur indebtedness and issue bonds or other evidence of indebtedness for its purposes. If any bonds issued for port improvement purposes by any part of a district prior to its creation are refunded, the refunding bonds are a lien only upon the lands upon which the original bonds were a lien at the time of the creation of the district. (Enacted by Stats. 1937, Ch. 368.)
  129. 6298.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district may levy and collect, or cause to be levied or collected, taxes as provided in this part.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6298. It may levy and collect or cause to be levied or collected taxes as in this part provided. (Enacted by Stats. 1937, Ch. 368.)
  130. 6299.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The district has exclusive jurisdiction over pilotage matters and may provide for and supervise pilots and pilotage of sea-going vessels within the described area.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6299. It has exclusive jurisdiction over, and it may provide for and supervise pilots and the pilotage of sea-going vessels from the end of jurisdiction of existing pilot authorities to points lying upon any navigable waterway project of the United States, entering the district. (Enacted by Stats. 1937, Ch. 368.)
  131. 63.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may sell copies of its records if the charge covers at least the department’s actual copying cost. The director sets the charge and sale conditions with approval from the Department of Finance. This section does not apply to boating accident reports under Section 656.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 63.2. The department may sell copies of all or any part of its records at a charge sufficient to pay at least the entire actual cost to the department of the copies. The charge for the records and the conditions under which they may be sold shall be determined by the director, with the approval of the Department of Finance. This section does not apply to boating accident reports filed with the department pursuant to Section 656 of this code. (Amended by Stats. 1974, Ch. 1221.)
  132. 63.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The director may recommend to the Legislature any action needed to secure financing required of local agencies for U.S. participation in a project the department may work on.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 63.4. The director may recommend to the Legislature such action as may be necessary to provide the finances required of local agencies as a condition for the participation of the United States in any project in which the department may act. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  133. 63.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department may exercise several powers, including applying for grants, contracting for professional services in some cases, suing and being sued, seeking advice from agencies, and adopting rules or other actions needed to carry out the division.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 63.9. In addition to other powers specified in this division and in Division 3 (commencing with Section 399), the department may do any of the following: (a) Apply for and accept grants, contributions, and appropriations. (b) Contract for professional services if such work or services cannot be satisfactorily performed by its employees or by any other state agency. (c) Sue and be sued in all actions and proceedings and in all courts and tribunals of competent jurisdiction, including, but not limited to, prohibitory and mandatory injunctions to restrain violations of this division and Division 3 (commencing with Section 399). (d) Request and utilize the advice and services of all federal, state, local, and regional agencies. (e) Adopt any rule or regulation or take any action it deems reasonable and necessary to carry out the provisions of this division. (Added by Stats. 1978, Ch. 365.)
  134. 630.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4.5. Marinas [630- 630.] ( Chapter 4.5 added by Stats. 1981, Ch. 701. )

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    Marina operators that supply electrical power to slips or berths may install submetering and may charge based on each vessel’s actual power use, including certain submeter-related costs.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4.5. Marinas [630- 630.] ( Chapter 4.5 added by Stats. 1981, Ch. 701. ) ## 630. The operator of every privately or publicly owned marina or small craft harbor, or facilities in connection therewith, furnishing electrical power to slips or berths for use aboard any vessel, may provide facilities for submetering to measure the electrical power actually used by or aboard each vessel and may base charges therefor upon that use including the actual cost of inspection, testing, and registration of submeters that may be charged by any authority having jurisdiction thereof. (Amended by Stats. 1998, Ch. 205, Sec. 2. Effective January 1, 1999.)
  135. 6300.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may contribute money to certain governments to help pay for work or improvements that improve navigation and commerce in the district’s navigable waters.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6300. It may contribute money to the Federal or the State Government or to the county in which it is located or to any city within the district, for the purpose of defraying the whole or a portion of the cost and expenses of work and improvement to be performed, either within or without the territorial limits of the district, by the Federal, State, county or city government, in improving rivers, streams, or in doing other work, when such work will improve navigation and commerce, in or to the navigable waters in the district. (Enacted by Stats. 1937, Ch. 368.)
  136. 6301.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may carry out works or improvements inside or outside its boundaries if they help develop or improve navigation or commerce to or within the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6301. A district may do any work or make any improvement within or without the territorial limits of the district, which will aid in the development or the improvement of navigation or commerce to or within the district. (Added by Stats. 1986, Ch. 195, Sec. 19.)
  137. 6302.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may make police regulations and adopt rules for controlling certain U.S. waterway projects in the district and for constructing wharves, docks, buildings, and other improvements.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6302. A district may enact necessary police regulations providing for control of any waterway project of the United States, entering the district, and adopt rules and regulations concerning the construction of wharves, docks, buildings, and improvements of all types, contemplated. (Added by Stats. 1986, Ch. 195, Sec. 20.)
  138. 6302.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Within the Santa Cruz Port District, no person may swim or surfride, or use any watercraft or device to surfride, in ocean waters within a harbor entrance area as set by ordinance.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6302.5. (a) This section is applicable only within the Santa Cruz Port District. The Legislature finds and declares that this section is necessary to meet a serious danger to the public safety within the Santa Cruz Port District caused by surfriding activities within the harbor entrance area. (b) No person shall swim or surfride, or use any watercraft or device to surfride, on ocean waters within a harbor entrance area, as prescribed by the Santa Cruz Port District by ordinance. (c) For the purposes of this section, “surfride” includes traveling to or from a surfriding staging area and activities in the staging area which are preparatory or preliminary to, or connected with, riding the surf. (d) Every person who violates this section is guilty of a misdemeanor, and shall be punished by a fine not to exceed five hundred dollars ($500). (Added by Stats. 1987, Ch. 407, Sec. 1.)
  139. 6303.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may provide for opening and laying out streets leading to the waterfront.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6303. A district may provide for the opening and laying out of streets leading to the waterfront. (Added by Stats. 1986, Ch. 195, Sec. 21.)
  140. 6304.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may regulate and control certain wharves, warehouses, structures, improvements, and appliances related to transportation or navigation, and may enforce necessary police and sanitary regulations connected to them.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6304. A district may regulate and control the construction, maintenance, and operation or use of all wharves, warehouses, structures, improvements, or appliances used in connection with or for the accommodation and promotion of transportation or navigation on any improvement project of the federal government applying to the main waterway entering the district and on other navigable streams improved or unimproved which lie within the district, and it may make and enforce necessary police and sanitary regulations in connection therewith. (Added by Stats. 1986, Ch. 195, Sec. 22.)
  141. 6304.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A qualifying port district may lease certain freed land and water areas for marine-oriented apartments and townhouses, but the lease must stay within 50 years and include public access terms.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6304.1. Notwithstanding any other provision of law, any port district which has received, or is receiving, money pursuant to the provisions of Division 1 (commencing with Section 30) for the construction or improvement of a small craft harbor or facilities in connection therewith, may enter into a lease of any portion of its land and water area which has been freed from the public trust for commerce, navigation, or fisheries for the development of marine-oriented apartments and townhouses. Such lease may authorize the lessee to sublet individual dwelling units, but such lease shall not exceed a term of 50 years, after which time any improvements constructed pursuant to the lease shall revert to the district. Land rental units constructed pursuant to such lease shall be available to all persons on equal and reasonable terms. Any such lease shall contain express provisions requiring the lessee to provide for reasonable public access across the leased lands to adjacent port water areas. Nothing in this section shall be construed to allow the use of tide or submerged lands in any manner inconsistent with the California Constitution or with the public trust for commerce, navigation, or fisheries. Any lease of real property so freed from the public trust which is proposed to be let under the provisions of this section shall first be submitted to the State Lands Commission and to the Attorney General for review and approval, and no such lease shall be let unless the State Lands Commission and the Attorney General find that the proposed lease would be in the public interest and would not be in violation of any provision of the California Constitution or of any term of a grant of tidelands or submerged lands and would not be inconsistent with the public trust for commerce, navigation, or fisheries. (Amended by Stats. 1972, Ch. 1383.)
  142. 6305.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may set, regulate, and collect rates or charges for using its transport- and navigation-related facilities, and for pilotage and towage.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6305. It may fix, regulate and collect the rates or charges for the use of wharves, warehouses, vessels, railroads and other facilities, structures and appliances owned, controlled or operated by it, in connection with or for the promotion and accommodation of transportation or navigation, and it may also fix, regulate and collect the rates or charges for pilotage and towage. (Enacted by Stats. 1937, Ch. 368.)
  143. 6306.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may plan, establish, and modify the general harbor improvement plan and set specifications for those improvements.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6306. It may lay out, plan and establish the general plan and system of harbor and harbor district improvements and modify the plan and prescribe the specifications for such improvements. (Enacted by Stats. 1937, Ch. 368.)
  144. 6307.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may perform warehouse, stevedoring, lightering, reconditioning, shipping, and reshipping functions for property of any kind.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6307. It may perform the functions of warehousemen, stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds. (Enacted by Stats. 1937, Ch. 368.)
  145. 6308.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may manage its business and promote maritime and commercial interests by advertising its advantages and soliciting business, using employees and agencies as needed.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6308. It may manage the business of the district and promote the maritime and commercial interests by proper advertisement of its advantages, and by the solicitation of business, within or without the district, within other States or in foreign countries, through such employees and agencies as are expedient. (Enacted by Stats. 1937, Ch. 368.)
  146. 6309.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The board may adopt ordinances needed to regulate the district on parking, vehicle and vessel speed and operation, vessel berthing, fire safety, sewage or waste pumping into port waters, and littering, except where Section 660 provides otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6309. Except as otherwise provided in Section 660, the board may adopt all ordinances necessary for the regulation of the district with respect to the parking of vehicles, the speed and operation on vehicles and vessels, berthing of vessels, fire safety ashore and afloat, prohibiting the pumping of raw sewage or waste into port waters, and littering. (Amended by Stats. 1976, Ch. 878.)
  147. 6309.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Before a district ordinance is adopted, it must be published three times with notice of the board meeting, and the public must be allowed to speak at that meeting.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6309.2. Before any ordinance may be adopted, the ordinance shall be published in its entirety on three separate occasions in a newspaper of general circulation published within the district, or if none, in any newspaper of general circulation published in the county in which the district, or a part thereof, is located, together with a notice of the date on which the board will meet for the purpose of adopting the ordinance. The first publication shall occur at least 20 days prior to the date of such meeting, and the second and third publications shall occur at seven-day intervals. The general public shall be allowed to appear at the meeting and be heard on the proposed ordinance. The ordinance shall become effective as provided in Section 9141 of the Elections Code, unless another effective date is set forth by the board. (Amended by Stats. 1994, Ch. 923, Sec. 112. Effective January 1, 1995.)
  148. 6309.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A person who violates a district ordinance adopted under Sections 6309 and 6309.2 commits an infraction and may be fined up to $100.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6309.4. Every person who violates any of the provisions of a district ordinance adopted pursuant to Sections 6309 and 6309.2 is guilty of an infraction and shall be subject to a fine not to exceed one hundred dollars ($100). (Amended by Stats. 1983, Ch. 1092, Sec. 143. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  149. 6309.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Certain district officials may issue citations for violations of district ordinances.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6309.6. The district’s manager, harbormaster or wharfinger, or any duly authorized representative of one of these persons, shall have the power to issue citations for violation of district ordinances in the manner provided by Chapter 5C (commencing with Section 853.5) of Title 3 of Part 2 of the Penal Code. (Amended by Stats. 1977, Ch. 579.)
  150. 6310.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may do anything necessary and appropriate to carry out this part and the district’s powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6310. Notwithstanding the enumeration and specific statement herein of particular powers, the district may do and perform all acts and things necessary and appropriate to carry out the purposes of this part and the powers of the district. (Enacted by Stats. 1937, Ch. 368.)
  151. 6311.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The board may issue negotiable promissory notes if four-fifths of all board members vote to do so.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. District Powers [6290 - 6311] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. General [6290 - 6311] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6311. Upon a four-fifths vote of all the members of the board, it may issue negotiable promissory notes bearing interest at a rate of not exceeding 7 percent per annum; provided, however, that said notes shall be payable from revenues and taxes levied for purposes of the district other than the payment of principal and interest on any bonded debt of the district; and provided further, that the maturity shall not be later than 20 years from the date thereof and that the total aggregate amount of such notes outstanding at any one time shall not exceed 1 percent of the assessed valuation of the taxable property in the district, or if said assessed valuation is not obtainable, 1 percent of the county auditor’s estimate of the assessed valuation of the taxable property in the district evidenced by his certificate. (Amended by Stats. 1978, Ch. 1289.)
  152. 6330.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. District Bonds [6330 - 6331] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may create bonded debt, and bonds may be issued to raise money for the district’s powers and purposes.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. District Bonds [6330 - 6331] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6330. A district may create a bonded debt pursuant to Article 1 (commencing with Section 43600) of Chapter 4 of Division 4 of Title 4 of the Government Code. Bonds may be issued for the purpose of raising money for use in carrying out any of the powers and purposes of the district. (Amended by Stats. 1983, Ch. 101, Sec. 95.)
  153. 6331.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. District Bonds [6330 - 6331] ( Article 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Bonds issued by districts under this part may be treated as legal investments for certain funds and institutions.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. District Bonds [6330 - 6331] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6331. Bonds issued by any district pursuant to this part are legal investments for all trust funds, and for the funds of all insurers, banks, both commercial and savings, and trust companies, and for the State school funds, and whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school districts or municipalities in this State, such money or funds may be invested in bonds of districts organized pursuant to this part. (Enacted by Stats. 1937, Ch. 368.)
  154. 6340.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. )

    Verify source ↗

    A district may create revenue bond indebtedness for improvements, property, or facilities within its powers.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. ) ## 6340. Pursuant to this article a district may create a revenue bond indebtedness for the acquisition and construction, or acquisition or construction of any improvements or property or facilities contained within its powers. (Repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70.)
  155. 6341.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. )

    Verify source ↗

    Bonds may be issued only if a board ordinance authorizing them is adopted by two-thirds of all board members and published.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. ) ## 6341. The issuance of said bonds shall be authorized by ordinance adopted by two-thirds of all the members of the board, to take effect upon its publication. (Repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70.)
  156. 6342.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. )

    Verify source ↗

    The secretary must publish the ordinance once in a newspaper of general circulation printed in the district, or if none exists, in a newspaper published in the county.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. ) ## 6342. The secretary shall publish said ordinance once in a newspaper of general circulation printed in said district, and if there is none, then in such newspaper published in the county in which said district is located. (Repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70.)
  157. 6343.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. )

    Verify source ↗

    The ordinance must specify key bond terms, including amount, denomination, maturity method, interest rate, and the acquisitions and improvements to be built.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. ) ## 6343. Said ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of said bonds, and in general terms, the acquisitions and improvements to be constructed thereby; and, in addition, shall contain such other and further provisions as in the judgment of the board are deemed advisable. (Repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70.)
  158. 6344.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. )

    Verify source ↗

    Bond proceeds must be deposited into a district treasury account and used only for the purposes stated in the ordinance.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. ) ## 6344. The proceeds of said bonds shall be placed in an account in the treasury of the district to be entitled ____ Port District Revenue Construction Fund No. ____ and used exclusively for the objects and purposes mentioned in the ordinance. (Repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70.)
  159. 6345.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. )

    Verify source ↗

    Bonds of the same issue have a lien that is ahead of later-issued revenue bonds.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. ) ## 6345. The lien of said bonds of the same issue shall be prior and superior to all revenue bonds subsequently issued. (Repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70.)
  160. 6346.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. )

    Verify source ↗

    Bond issuance proceedings must follow the cited Government Code framework, the board has the listed powers and duties, and bondholders have the listed rights and remedies.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Revenue Bonds [6340 - 6346] ( Article 2 repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70. ) ## 6346. Proceedings for the issuance of said bonds shall be had, the board shall have such powers and duties, and the bondholders shall have such rights and remedies, all in substantial accordance with and with like legal effect as provided in Sections 54344 to 54346, inclusive, 54347, 54348, 54350, 54351, 54352, and in Articles 4 (commencing at Section 54400) to 11 (commencing at Section 54660), inclusive, of Chapter 6, Part 1, Division 2, Title 5 of the Government Code. As used therein the word “resolution” shall mean ordinance, the word “local agency” shall mean district, and the words “legislative body” shall mean board. (Repealed and added by Stats. 1958, 1st Ex. Sess., Ch. 70.)
  161. 6350.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    The Stockton Port District may create additional bonded debt, but only up to 3% of the assessed value of all taxable real and personal property in the district.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350. Pursuant to this article, the Stockton Port District may also create an additional bonded debt up to but not in excess of 3 percent of the assessed value of all taxable real and personal property within the district. (Added by Stats. 1961, Ch. 859.)
  162. 6350.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    This bonded indebtedness may be created only to fund acquisition or construction of revenue-producing harbor improvements that are self-liquidating.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.1. This bonded indebtedness may be created solely for the purpose of providing funds for the acquisition or construction of revenue-producing harbor improvements of a self-liquidating character. (Added by Stats. 1961, Ch. 859.)
  163. 6350.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    Bonds under this article must be authorized by ordinance approved by two-thirds of the board and concurred in by the Stockton City Council.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.2. All bonds issued pursuant to this article shall be authorized by ordinance passed by two-thirds of all of the members of the board concurred in by ordinance of the Stockton City Council. But an election need not be held within the district and it is unnecessary to secure the approval of the electors within the district for the issuance of bonds for the purposes and within the limitations of this article. (Added by Stats. 1961, Ch. 859.)
  164. 6350.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    The bonds must be payable within 30 years, with serial maturities set by the board, and the earliest principal maturity must be no later than 10 years from issue.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.3. The bonds shall be payable within 30 years from their date and shall mature serially at such times as may be fixed by the board, but the earliest maturity of the principal of the bonds shall be fixed at a date not more than 10 years from the date of issue. (Added by Stats. 1961, Ch. 859.)
  165. 6350.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    The board may issue bonds and set redemption terms, but bond denominations must stay between $100 and $1,000, and the interest rate may not exceed 7% per year.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.4. The bonds may be issued in such denominations as the board determines, except that no bond shall be of a denomination less than one hundred dollars ($100) nor of a greater denomination than one thousand dollars ($1,000). The bonds shall be payable on the day and at the place or places fixed in such bonds, with interest at the rate specified in the bonds, which rate shall not be in excess of 7 percent per annum of the face amount, payable annually or semiannually. The board may provide for redemption of the bonds before maturity at prices and upon terms and conditions determined by it. A bond shall not be subject to call or redemption prior to maturity unless it contains a recital on its face to that effect. (Amended by Stats. 1969, Ch. 280.)
  166. 6350.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    The board may issue and sell the bonds, but not below par value plus accrued interest, and it may set the timing and conditions. If an officer leaves office before delivery, the officer’s signature or countersignature on the bonds or coupons still remains valid.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.5. If any officer whose signature or countersignature appears on the bonds or coupons ceases to be an officer before the delivery of the bonds to the purchaser, his signature or countersignature is nevertheless as valid and sufficient for all purposes as if he had remained in office. The bonds may be issued and sold by the board for not less than their par value and accrued interest to date of delivery, at such time and under such conditions as may be designated by the board. The proceeds shall be placed in the treasury of the district to the credit of the proper improvement fund and applied exclusively to the objects and purposes mentioned in the ordinance. (Added by Stats. 1961, Ch. 859.)
  167. 6350.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    The board prescribes the bond form and designates which officer or officers sign the bonds and coupon facsimile signatures; the coupons must be numbered consecutively.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.6. The form of the bonds shall be prescribed by the board and they shall be signed by the officer or officers that the board designates. The coupons appertaining to the bonds shall be numbered consecutively and shall be signed by the facsimile signature of the officer or officers that the board has designated. (Added by Stats. 1961, Ch. 859.)
  168. 6350.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    Revenue from the harbor improvement must be kept in a separate special fund and first used to create an interest fund for bond interest payments.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.7. The income and revenue derived or to be realized from the harbor improvement acquired or to be acquired from the proceeds of the bonds shall be deposited in a special fund and kept separate and apart from all other revenues of the district. It shall be applied, firstly, to the creation of an interest fund, herein designated as “interest fund,” for the payment of the annual interest due or to become due upon the bonds during the next ensuing fiscal year and before the time for the fixing of the next general tax levy in the county in which the district is located. (Added by Stats. 1961, Ch. 859.)
  169. 6350.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    The special fund must be used next to create a sinking fund for paying bond principal on or before the bonds’ maturity date.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.8. The special fund shall be applied, secondly, to the creation of a sinking fund, herein designated as “sinking fund,” to provide for the payment of the principal of the bonds at or before their maturity date or dates. (Added by Stats. 1961, Ch. 859.)
  170. 6350.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    Extra revenues above required interest-fund and sinking-fund deposits may be put into an operation fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6350.9. Any additional revenues over and above the amounts required to be deposited in the interest fund and the sinking fund, may be deposited in an operation fund, herein designated as “operation fund,” to be applied to the costs of operation and maintenance, including reasonable repairs and depreciation, of the particular revenue-producing harbor improvement acquired by the issuance and sale of the bonds. (Added by Stats. 1961, Ch. 859.)
  171. 6351.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

    Verify source ↗

    Surplus revenues from the operation fund may be deposited in either the interest fund or the sinking fund, but money in those funds cannot be moved elsewhere or used for any purpose other than paying the bonds and their interest while the bonds are outstanding.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6351. Surplus revenues in the operation fund may be deposited either in the interest fund or the sinking fund, but money allocated to the interest fund or the sinking fund shall not be transferred to any other fund or used for any other purpose than the payment of the bonds and the interest thereon so long as the bonds are outstanding. (Added by Stats. 1961, Ch. 859.)
  172. 6351.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

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    The board must allocate the revenues from the revenue-producing harbor improvement to paying bond principal and interest, and that allocation stays in place until the bonds and accrued interest are paid.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6351.5. The board, in and by the ordinance authorizing the issuance of the bonds, shall hypothecate and allocate all of the revenues to be realized from the revenue-producing harbor improvement to be acquired or constructed from the proceeds of the bonds to the payment of both principal and interest. The allocation and hypothecation is irrevocable until all bonds and the accrued interest thereon are paid. The allocation and hypothecation shall be made in each case for the exclusive benefit of the bonds to be issued for the purpose of acquiring or constructing the particular revenue-producing harbor improvement, and as additional security for the payment of the principal and interest of the bonds. But the allocation and hypothecation do not constitute the exclusive source of payment. The bonds constitute general obligations of the district and both principal and interest may be paid from any money or sources of revenue of any kind, including taxes, on hand and available for that purpose. (Added by Stats. 1961, Ch. 859.)
  173. 6352.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

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    If district revenues are insufficient, the board may levy a tax on all taxable property to pay bond principal and interest; in some cases it must do so.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6352. Whenever the revenues of the district are, or in the opinion of the board will be insufficient to provide for the payment in full of the principal or interest on the bonds, the board may, and if the revenues in the interest fund are insufficient to meet the next ensuing fiscal year’s interest on the bonds issued and then outstanding or if the moneys in the sinking fund are insufficient to pay or provide for the payment of any bonds maturing during the next ensuing fiscal year, it shall cause a tax to be levied and collected, upon all of the taxable property in the district, sufficient to meet all sums coming due for principal and interest on the bonds during the next ensuing fiscal year and before the time for fixing the next general tax levy in the county in which the district is located. The tax shall be levied and collected annually in the manner provided by Chapter 5 (commencing with Section 6360) of this part, and shall be in addition to all other taxes authorized to be levied and collected. When collected, the tax shall not be used for any purpose other than the payment of the bonds and the accruing interest thereon. (Added by Stats. 1961, Ch. 859.)
  174. 6353.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. )

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    The Legislature declares that special legislation is necessary to authorize additional, limited financing provisions for the Stockton Port District because of its unique and complex problems.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2.5. Additional Stockton Port District Bonds [6350 - 6353] ( Article 2.5 added by Stats. 1961, Ch. 859. ) ## 6353. The Legislature hereby finds and declares that because of the unique, complex problems existing with respect to the Stockton Port District, as a large inland port district, it is necessary that special legislation be enacted to authorize additional, limited financing provisions for said port district, and that a general law cannot be made applicable. (Added by Stats. 1961, Ch. 859.)
  175. 6355.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. County and Municipal Bonds [6355- 6355.] ( Article 3 enacted by Stats. 1937, Ch. 368. )

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    Bond sale proceeds may be paid into the district treasury, on order of the appropriate board of supervisors or city council, and must be used only for the purposes for which the bonds were authorized.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 4. Bonds [6330 - 6355] ( Chapter 4 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 3. County and Municipal Bonds [6355- 6355.] ( Article 3 enacted by Stats. 1937, Ch. 368. ) ## 6355. Whenever, upon the creation of a district any municipality therein or any county in which the district is located which has theretofore authorized or incurred a bonded indebtedness for any work or improvement for which the district may incur a bonded debt pursuant to this part, and such municipality or such county thereafter sells such bonds or any portion thereof, the proceeds of the sale may, upon the order of the appropriate board of supervisors or city council, be paid by the custodian into the treasury of the district and shall be applied by the board, exclusively to the purposes and objects for which the bonds were authorized by the municipal corporation or the county issuing them. (Enacted by Stats. 1937, Ch. 368.)
  176. 6360.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Each year, the port director must submit a detailed budget-related statement to the board by June 1, and provide any additional data and schedules the board requires.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6360. On or before June first of each year, the port director shall submit to the board a detailed statement of the money required for the ensuing fiscal year for the purpose of conducting the business of the district. There shall be submitted with such estimate, such data and schedules as the board may require. (Enacted by Stats. 1937, Ch. 368.)
  177. 6361.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    Each district board must give the county board of supervisors a written estimate of needed funds each year, and the county board of supervisors must levy a special tax within the district to raise that amount.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6361. Annually, on or before the date set for the consideration of the budget by the board of supervisors of the county in which the district is located, the board of each district shall furnish to the board of supervisors of the county in which the district is situated, an estimate in writing of the amount of money needed for all purposes by the district during the ensuing fiscal year. Thereupon, it is the duty of the board of supervisors to levy a special tax, on all taxable property of the county lying within the district, sufficient in amount to raise that sum. (Enacted by Stats. 1937, Ch. 368.)
  178. 6362.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district tax may not exceed 10 cents per $100 of assessed value, excluding amounts needed for bond and promissory note interest and redemption.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6362. The tax shall in no event exceed the rate of ten cents ($0.10) on each one hundred dollars ($100) of the assessed value of all taxable property within the district, exclusive of the amount necessary to be raised by taxes to meet bond and promissory note interest and redemption. The tax shall be computed, entered upon the tax rolls and collected in the same manner as county taxes are computed, entered and collected. All money collected shall be paid into the county treasury to the credit of the particular district fund and shall be paid to the treasurer of the district upon the order of the board of port commissioners. (Amended by Stats. 1963, Ch. 1505.)
  179. 6363.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may incur debt to operate the port during its initial period, and its first tax levy must be set high enough to cover first-year operating costs and earlier incurred obligations.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6363. From the time of the organization of any district until the next succeeding July first, the district may incur indebtedness for the purpose of operating the port and in the first tax levy, the rate shall be in an amount sufficient to operate the port for the first full fiscal year as well as to pay the obligations thus incurred before the first of the July succeeding the creation of the district. (Enacted by Stats. 1937, Ch. 368.)
  180. 6364.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    A district may impose a special tax, and the tax must be applied uniformly within the district, with a lower rate allowed for unimproved property than improved property.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6364. A district may impose a special tax pursuant to Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5 of the Government Code. The special taxes shall be applied uniformly to all taxpayers or all real property within the district, except that unimproved property may be taxed at a lower rate than improved property. (Added by Stats. 1991, Ch. 70, Sec. 4.)
  181. 6365.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. )

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    The district may levy assessments, reassessments, special taxes, and issue bonds for listed waterway and maintenance purposes, but bonds issued under this section cannot be used for routine maintenance dredging of channels.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 1. Levy, Assessment and Collection of Taxes [6360 - 6365] ( Article 1 enacted by Stats. 1937, Ch. 368. ) ## 6365. (a) The district may, in any year, levy assessments, reassessments, or special taxes and issue bonds to finance waterway construction projects and related operations and maintenance, or operations and maintenance projects independent of construction projects in accordance with, and pursuant to, the Improvement Act of 1911 (Division 7 (commencing with Section 5000) of the Streets and Highways Code), the Improvement Bond Act of 1915 (Division 10 (commencing with Section 8500) of the Streets and Highways Code), the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the Streets and Highways Code), the Benefit Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703) of the Government Code), the Integrated Financing District Act (Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5 of the Government Code), the Mello-Roos Community Facilities Act of 1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code), and the Marks-Roos Local Bond Pooling Act of 1985 (Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code). (b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193, 10104, and 10302 of the Streets and Highways Code shall not apply to assessment proceedings undertaken pursuant to this section. (c) Notwithstanding the related provisions of any assessment act which the district is authorized to use, any assessment diagram which any of those acts requires to be prepared prior to final approval of the assessment district may show only the exterior boundaries of the assessment district and the boundaries of any assessment zones or improvement areas within the district. The diagram may refer to the county assessor’s maps and records for a detailed description of each lot or parcel. (d) Notwithstanding any other provision of law, the district may levy and collect assessments and reassessments in the same manner as provided in Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code, to pay any or all of the following: (1) For the operation and maintenance of projects, including maintenance of lands, easements, rights-of-way, dredge material disposal areas, and remediation. (2) For the satisfaction of liabilities arising from projects. (3) To accumulate a fund which may be used to advance the cost of district projects, provided that the advances be repaid, with interest as determined by the commissioners, from assessments, reassessments, special taxes, or fees charged by the district pursuant to this section. (4) To acquire real property, easements, or rights-of-way for a navigation project or the maintenance of a navigation project. (5) To acquire real property within the district for disposal of dredged material. (e) For purposes of this section, functions designated by Article 3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division 15 of the Water Code to be performed by the board of supervisors, the board of trustees, or valuation commissioners shall be performed by the district’s board. (f) For purposes of this section, the board may order the creation of a separate assessment roll to pay the allowable expenses of any single project or any group or system of projects. (g) Notwithstanding any other provision of law, all assessments, reassessments, and taxes levied by the district may be collected together with, and not separately from, taxes for county purposes. Any county in which the district is located may collect, at the request of the district, all assessments, reassessments, and special taxes levied by the district and shall cause those revenues to be deposited into the county treasury to the credit of the district. Each county may deduct its reasonable collection and administrative costs. (h) Notwithstanding any other provision of law, any assessment or reassessment levied pursuant to this section may be apportioned on the basis of land use category, tonnage shipped on the waterway, size and type of vessel using the waterway, front footage, acreage, capital improvements, or other reasonable basis, separately or in combination, as determined by the district commissioners. (i) Notwithstanding any other provision of law, Division 4 (commencing with Section 2800) of the Streets and Highways Code shall not apply to any assessment levied by the district. (j) Notwithstanding any other provision of law, no bond issued pursuant to this section shall be used to fund the routine maintenance dredging of channels. (Added by Stats. 1991, Ch. 978, Sec. 6.)
  182. 6370.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6370 - 6372] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    Claims for money or damages against the district follow specified government code procedures, unless another statute or regulation expressly applies; other claims must be filed with the auditor, and the district may not pay a claim without the auditor’s endorsement.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6370 - 6372] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6370. All claims for money or damages against the district are governed by Part 3 (commencing with Section 900) and Part 4 (commencing with Section 940) of Division 3.6 of Title 1 of the Government Code except as provided therein, or by other statutes or regulations expressly applicable thereto. All claims not governed thereby shall be filed with the auditor on forms and blanks prescribed by him. A claim shall not be paid without the endorsement of the auditor certifying to its correctness. The auditor shall keep a record, which shall be a public record, of all claims against the district showing by whom made, for what purpose, the amount thereof and when paid. (Amended by Stats. 1963, Ch. 1715.)
  183. 6371.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6370 - 6372] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    If a fund does not have enough money to pay a demand, the treasurer must register it, return it marked “Registered,” and pay registered demands in registration order.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6370 - 6372] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6371. If there is not sufficient money in any fund to pay the demands made against it, the demand shall be registered in a book kept by the treasurer, showing its number, when presented, date, amount, name of payee, and on what account allowed and out of what fund payable, and when so registered, the demand shall be returned to the person presenting it with the endorsement of the word “Registered” dated and signed by the treasurer. All registered demands are payable in the order of their registration. This section does not prevent the payment by the treasurer of bonds of the district or of any city or county, and interest coupons thereof, in accordance with the Constitution of this State and the provisions of this part authorizing the issuance and payment of such bonds. (Enacted by Stats. 1937, Ch. 368.)
  184. 6372.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6370 - 6372] ( Article 2 enacted by Stats. 1937, Ch. 368. )

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    Wages and salaries must be paid at intervals set by the board, but at least once each month.

    ## Harbors and Navigation Code - HNC ## DIVISION 8. HARBOR AND PORT DISTRICTS [5800 - 7340] ( Division 8 enacted by Stats. 1937, Ch. 368. ) ## PART 4. PORT DISTRICTS [6200 - 6372] ( Part 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Finances and Taxation [6360 - 6372] ( Chapter 5 enacted by Stats. 1937, Ch. 368. ) ## ARTICLE 2. Claims and Demands [6370 - 6372] ( Article 2 enacted by Stats. 1937, Ch. 368. ) ## 6372. Wages and salaries shall be paid at such intervals as the board may direct, but at least once each month. (Enacted by Stats. 1937, Ch. 368.)
  185. 64.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    The department is the state’s lead agency for controlling certain aquatic plants in the Delta, its tributaries, and the Suisun Marsh, and related agencies may cooperate and provide resources.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 64. (a) The Legislature hereby finds and declares that the growth of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh has occurred at an unprecedented level and that the resulting accumulations of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) obstruct navigation, impair other recreational uses of waterways, have the potential for damaging manmade facilities, and may threaten the health and stability of fisheries and other ecosystems within the delta and marsh. Accordingly, it is necessary that the state, in cooperation with agencies of the United States, undertake an aggressive program for the effective control of water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the delta, its tributaries, and the marsh. (b) The department is designated as the lead agency of the state for the purpose of cooperating with agencies of the United States and other public agencies in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the delta, its tributaries, and the marsh. (c) The department, other state agencies, cities, counties, and districts are hereby authorized to cooperate with one another and with agencies of the United States in controlling water hyacinth (Eichhornia crassipes), Brazilian elodea (Egeria densa), and South American spongeplant (Limnobium laevigatum) in the delta, its tributaries, and the marsh and may furnish money, services, equipment, and other property to that end. (d) Up to five thousand dollars ($5,000) per year of the funds available for expenditure by the Department of Fish and Game to implement this section shall be paid from the Harbors and Watercraft Revolving Fund. (e) Whenever any control program is proposed to take place in Rock Slough, the department and the Contra Costa Water District shall develop a memorandum of understanding establishing the parameters of the control program. This subdivision does not apply to any control program proposed for Sand Mound Slough. (Amended by Stats. 2012, Ch. 188, Sec. 2. (AB 1540) Effective January 1, 2013.)
  186. 64.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The division must, to the extent feasible, work with the California Conservation Corps and use corps members when carrying out invasive aquatic plants control programs in the delta, its tributaries, and the marsh.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 64.2. To the extent feasible, the division shall collaborate with the California Conservation Corps established pursuant to Division 12 (commencing with Section 14000) of the Public Resources Code and use members of the corps in implementing its invasive aquatic plants control programs in the delta, its tributaries, and the marsh. (Added by Stats. 2017, Ch. 247, Sec. 1. (SB 704) Effective January 1, 2018.)
  187. 64.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The division is the lead agency for invasive aquatic plants and may act to control or, when feasible, eradicate them, but only with required consultation and Fish and Wildlife concurrence after a risk assessment.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 64.5. (a) The division is designated as the lead agency of the state for the purpose of cooperating with other state, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic plants in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh. The division, in consultation with appropriate state, local, and federal agencies, may take such action it determines is necessary, upon concurrence from the Department of Fish and Wildlife following the completion of the risk assessment described in subdivision (c), to implement control and, when feasible, eradication measures for invasive aquatic plants. Any actions taken to control invasive aquatic plants shall be in compliance with all applicable laws and regulations and conducted in an environmentally sound manner. (b) The division shall regularly consult with the United States Department of Agriculture, the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the University of California, and other members of the scientific and research communities, as well as other state agencies with authority over the control of invasive aquatic plants to determine which species of those plants should be given the highest priority for management and determine the best control and, when feasible, eradication measures. (c) (1) After consulting with the various entities as required in subdivision (b), if the division identifies a species of aquatic plant that may be invasive and need to be controlled or eradicated, the division shall notify the Department of Fish and Wildlife of the potential threat from that aquatic plant species. After receipt of that notice, the Department of Fish and Wildlife, in consultation with other appropriate local, state, and federal agencies, including, but not limited to, the Department of Food and Agriculture, the Department of Water Resources, the State Water Resources Control Board, the Department of Pesticide Regulation, and the Office of Environmental Health Hazard Assessment, shall conduct a risk assessment of the aquatic plant species identified by the division to determine whether the plant species is invasive and presents a threat to the environment, economy, or human health. In making that determination, the Department of Fish and Wildlife shall take prompt action to minimize detrimental impacts and costs of management, and shall consider all of the following: (A) Whether the aquatic plant species may obstruct navigation and recreational uses of waterways. (B) Whether the aquatic plant species may cause environmental damage, including threats to the health and stability of fisheries, impairment to birds’ access to waterways and nesting, roosting, and foraging areas, deterioration of water quality resulting from plant decay, and harm to native plants. (C) Whether the aquatic plant species may cause harm to the state’s economy, infrastructure, or manmade facilities such as state water storage facilities and pumping operations, by increasing flood risk, threatening water supplies by blocking pumps, canals, and dams necessitating early control efforts. (2) Based on factors specified in subparagraphs (A), (B), and (C) of paragraph (1) and any other environmental, economic, or human health impacts, the risk assessment shall specify whether the plant species under consideration has been determined to be an invasive aquatic plant. Findings from the risk assessment shall be documented in a way that clearly describes the severity and types of impacts caused by a plant species determined to be an invasive aquatic plant. (3) Within 60 days after completing the risk assessment required by paragraph (1), the Department of Fish and Wildlife shall report its findings to the division so that the division may take any necessary action to control and, when feasible, eradicate an invasive aquatic plant, as authorized under subdivision (a). (d) For purposes of this section, “invasive aquatic plant” means an aquatic plant or algae species, including its seeds, fragments, and other biological materials capable of propagating that species, whose proliferation or dominant colonization of an area causes or is likely to cause economic or environmental harm or harm to human health. (e) Aquatic plants shall be determined to be invasive through the risk assessment required to be completed by the Department of Fish and Wildlife in consultation with the division and other state, local, and federal agencies pursuant to subdivision (c). (Added by Stats. 2013, Ch. 330, Sec. 2. (AB 763) Effective January 1, 2014.)
  188. 64.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    Certain marinas financed by department loans must have over-water electrical systems inspected every two years and must follow the California Electrical Code versions tied to development or improvement timing.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2. General Powers [60 - 64.7] ( Article 2 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 64.7. (a) Each marina that is developed or improved with funds loaned by the department pursuant to Article 3 (commencing with Section 70) or Article 5 (commencing with Section 76) on or after January 1, 2002, shall have all of its electrical systems that extend into or over water inspected biennially, during the term of the loan, by a licensed electrical contractor or electrical engineer, for compliance with the safety-related provisions of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations). A marina shall comply with all of the California Electrical Code provisions in effect at the time that the marina is developed. If the marina is improved with a loan, the areas of the marina in which electrical improvements were made shall comply with the California Electrical Code in effect at the time of the improvement. (b) For purposes of this section, “marina” means a marina that meets all of the following criteria: (1) Is privately owned and operated or owned or operated by a local government. (2) Contains seven or more berths. (3) Is used by the public primarily for recreational purposes. (Added by Stats. 2001, Ch. 360, Sec. 1. Effective January 1, 2002.)
  189. 65.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The department must study and report on beach erosion and ways to stabilize beaches and shoreline areas, when funds are available.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 65. The department, either independently or in cooperation with any person or any county, state, federal, or other agency, to the extent that funds are available therefor, shall study and report upon problems of beach erosion and means for the stabilization of beaches and shoreline areas. (Added by Stats. 1970, Ch. 1428.)
  190. 65.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The department must cooperate with government agencies on beach erosion control and shoreline stabilization when funds are available, and it must act in an advisory role when asked by a public agency.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 65.1. To the extent that funds are available therefor, the department shall cooperate with all agencies of government, federal, state, and local, for the purposes of beach erosion control and stabilization of beaches and shoreline areas, and shall act in an advisory capacity on beach erosion control and stabilization of beaches and shoreline areas when requested by any public agency of the state or by any agency of the federal government. (Added by Stats. 1970, Ch. 1428.)
  191. 65.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The department must prepare plans and build works needed for beach erosion control and stabilization, as long as its studies support the need and funds are available. It may also cooperate with federal, state, county, or municipal agencies by contract or otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 65.2. The department shall prepare plans for and construct such works as its studies and investigations indicate to be necessary for beach erosion control and stabilization of beaches and shoreline areas, to the extent that funds are available therefor. In the preparation of such plans and construction of works therefor the department may cooperate by contract or otherwise with the Beach Erosion Board of the United States or with any other federal, state, county, or municipal agency, or with any or all such agencies, upon such terms and conditions and in such manner as will be for the best interests of the state. (Added by Stats. 1970, Ch. 1428.)
  192. 65.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    When qualifying state matching funds are used for certain federal beach erosion or shoreline stabilization projects, the department must administer the funds, and that administration is subject to the Director of Finance’s approval.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 65.3. When state funds are made available on a matching basis to be expended in connection with any federal project for beach erosion control or stabilization of beaches and shoreline areas, such funds shall be administered by the department, subject to approval of the Director of Finance. (Added by Stats. 1970, Ch. 1428.)
  193. 65.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The state may consider paying one-half of local participation costs for certain beach erosion control projects, but only if the affected local public agency provides required assurances.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 65.5. Whenever a beach erosion control project has been authorized by Congress for federal financial participation in accordance with Public Law 727, 79th Congress, 2nd Session, as amended by Public Law 826, 84th Congress, 2nd Session, or as it may be later amended, or any other act of Congress relating to beach erosion control in which local participation is required, it is the policy of the state to consider bearing one-half the costs of local participation required by the authorizing federal legislation, including construction costs and costs of lands, easements, and rights-of-way; provided that state participation may only be provided if any affected city, county, or other public agency furnishes assurances satisfactory to the division that it will provide all other local cooperation required by the authorizing federal legislation, will hold and save the state free from damages for all time due to the construction, operation, and maintenance of the project, and will maintain and operate the project during its useful life, as may be required to serve its intended purpose, subject to relevant regulations that may be prescribed by the division. (Amended by Stats. 2022, Ch. 60, Sec. 25. (AB 203) Effective June 30, 2022.)
  194. 65.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The state may make appropriations for beach erosion control project costs, but only after a specific project is authorized and only for costs of the project as finally authorized by Congress and the state.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 65.6. Notwithstanding the provisions of Section 65.5, appropriations may be made by the state, from time to time by law, to pay for the costs of sharing in such participation in beach erosion control projects following state authorization of a specific project, but such participation shall apply only to costs incurred for the project as finally authorized by the Congress and the state, and appropriations for such costs shall not be expended by the state until after the appropriation of construction funds by the Congress. (Added by Stats. 1970, Ch. 1428.)
  195. 65.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    The state may participate in certain small beach erosion control projects without further legislative authorization, and that participation must not outrank higher-priority pending projects.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 65.7. Small beach erosion control projects not specifically authorized by Congress and undertaken by the United States Corps of Engineers pursuant to Section 103 of the River and Harbor Act of 1962, Title I of Public Law 87-874, 76 Stat. 1173, and Section 310(b) of the River and Harbor Act of 1965, Title III of Public Law 89-298, 79 Stat. 1073 (33 U.S.C. 426(f) and 426(g)), are authorized for state participation pursuant to Section 65.5 without further specific authorization by the Legislature, at such costs as may be appropriated by the Legislature upon the recommendation and advice of the department. Such state participation shall not take precedence over other pending projects of higher priority. (Added by Stats. 1970, Ch. 1428.)
  196. 65.9.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. )

    Verify source ↗

    If a small boat harbor development project includes beach erosion control works, the department’s Section 65.8 report must be approved by the Director of Finance before it is submitted to the Legislature.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 2.5. Beach Erosion Control [65 - 67.4] ( Article 2.5 added by Stats. 1970, Ch. 1428. ) ## 65.9. Whenever beach erosion control works are included in a small boat harbor development project, the report of the department required by Section 65.8 shall be approved by the Director of Finance prior to submission to the Legislature. (Added by Stats. 1970, Ch. 1428.)
  197. 650.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    This section states the state's policy to promote safety for persons and property in the use and equipment of vessels, and to promote uniformity of related laws.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 650. It is the policy of this state to promote safety for persons and property in and connected with the use and equipment of vessels and to promote uniformity of laws relating thereto. (Amended by Stats. 1976, Ch. 744.)
  198. 650.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    This chapter applies to vessels and associated equipment used, to be used, or carried on vessels on waters subject to state jurisdiction, with listed exceptions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 650.1. (a) This chapter shall apply to vessels and associated equipment used, to be used, or carried in vessels used on waters subject to the jurisdiction of this state. (b) This chapter, except those sections that expressly indicate otherwise, shall not apply to the following: (1) Foreign vessels temporarily using waters subject to state jurisdiction. (2) Military or public vessels of the United States, except recreational-type public vessels. (3) A vessel whose owner is a state or subdivision thereof, that is used principally for governmental purposes, and that is clearly identifiable as such. (4) Ship’s lifeboats. (c) For purposes of this chapter, “subdivision thereof” or “subdivision of the state” includes cities and counties. (Amended by Stats. 2022, Ch. 203, Sec. 1. (AB 1682) Effective January 1, 2023.)
  199. 651.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

    Verify source ↗

    This section defines key terms used in this chapter about vessel operation and equipment.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 651. As used in this chapter, the following definitions apply unless the context clearly requires a different meaning: (a) “Alcohol” means any form or derivative of ethyl alcohol (ethanol). (b) “Alcohol concentration” means either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. (c) “Associated equipment” means any of the following, excluding radio equipment: (1) Any system, part, or component of a boat as originally manufactured or any similar part or component manufactured or sold for replacement, repair, or improvement of the system, part, or component. (2) Any accessory or equipment for, or appurtenance to, a boat. (3) Any marine safety article, accessory, or equipment intended for use by a person on board a boat. (d) “Boat” means any vessel that is any of the following: (1) Manufactured or used primarily for noncommercial use. (2) Leased, rented, or chartered to another for the latter’s noncommercial use. (3) Engaged in the carrying of six or fewer passengers, including those for-hire vessels carrying more than three passengers while using inland waters of the state that are not declared navigable by the United States Coast Guard. (4) Commercial vessels required to be numbered pursuant to Section 9850 of the Vehicle Code. (e) “Chemical test” means a test that analyzes an individual’s breath, blood, or urine for evidence of drug or alcohol use. (f) “Controlled substance” means controlled substance as defined in Section 11007 of the Health and Safety Code. (g) “Department” means the Department of Boating and Waterways. (h) “Director” means the Director of Boating and Waterways. (i) “Drug” means any substance or combination of substances other than alcohol that could so affect the nervous system, brain, or muscles of a person as to impair to an appreciable degree the person’s ability to operate a vessel in the manner that an ordinarily prudent person, in full possession of their faculties, using reasonable care, would operate a similar vessel under like conditions. (j) “Engine cut-off switch” means a switch that automatically stops the engine of a power-driven vessel if activated by an engine cut-off switch link. (k) “Engine cut-off switch link” means a device that, if attached to an operator, activates an engine cut-off switch if the operator is separated from the power-driven vessel. This term includes a lanyard or another mechanical device and a wireless cut-off link that transmits an electromagnetic signal to an engine cut-off switch. (l) “Intoxicant” means any form of alcohol, drug, or combination thereof. (m) “Legal owner” is a person holding the legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state, or to any county, city, district, or political subdivision of the state, under a lease, lease-sale, or rental-purchase agreement that grants possession of the vessel to the lessee for a period of 30 consecutive days or more. (n) “Manufacturer” means any person engaged in any of the following: (1) The manufacture, construction, or assembly of boats or associated equipment. (2) The manufacture or construction of components for boats and associated equipment to be sold for subsequent assembly. (3) The importation into this state for sale of boats, associated equipment, or components thereof. (o) “Marine employer” means the owner, managing operator, charterer, agent, master, or person in charge of a vessel, other than a recreational vessel. (p) “Motorboat” means any vessel propelled by machinery, whether or not the machinery is the principal source of propulsion, but shall not include a vessel that has a valid marine document issued by the United States Coast Guard or any federal agency successor thereto. (q) “Operator” means the person aboard a vessel who meets any of the following: (1) Is steering the vessel while underway. (2) Is responsible for the operation of the vessel while underway. (3) Is at least 18 years of age and is attentive and supervising the operation of the vessel by a person 12, 13, 14, or 15 years of age pursuant to Section 658.5. (r) (1) “Owner” is a person that meets one or more of the following criteria: (A) Has all the incidents of ownership, including the legal title, of a vessel whether or not that person lends, rents, or pledges the vessel. (B) The person entitled to the possession of a vessel as the purchaser under a conditional sale contract. (C) The mortgagor of a vessel. (2) “Owner” does not include a person holding legal title to a vessel under a conditional sale contract, the mortgagee of a vessel, or the renter or lessor of a vessel to the state or to any county, city, district, or political subdivision of the state under a lease, lease-sale, or rental-purchase agreement that grants possession of the vessel to the lessee for a period of 30 consecutive days or more. (s) “Passenger” means every person carried on board a vessel other than any of the following: (1) The owner or the owner’s representative. (2) The operator. (3) Bona fide members of the crew engaged in the business of the vessel who have contributed no consideration for their carriage and who are paid for their services. (4) Any guest on board a vessel that is being used exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for their carriage. (t) “Person” means an individual, partnership, firm, corporation, limited liability company, association, or other entity, but does not include the United States, the state, or a municipality or subdivision thereof. (u) “Personal flotation device” means a device that is approved by the Commandant of the United States Coast Guard pursuant to Part 160 (commencing with Section 160.001-1) of Title 46 of the Code of Federal Regulations. (v) “Personal watercraft” means a vessel propelled by a water-jet pump or other machinery as its primary source of motive power and designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than sitting or standing within the vessel’s hull. (w) “Recreational vessel” means a vessel that is being used only for pleasure. (x) “Registered owner” is the person registered by the Department of Motor Vehicles as the owner of the vessel. (y) “Special-use area” means all or a portion of a waterway that is set aside for specified uses or activities to the exclusion of other incompatible uses or activities. (z) “State” means a state of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the District of Columbia. (aa) “State of principal use” means the state on which waters a vessel is used or intended to be used most during a calendar year. (ab) “Static thrust” means the forward or backward thrust developed by a propulsion machinery while stationary. (ac) “Throwable personal flotation device” means a personal flotation device that is intended to be thrown to a person in the water. A personal flotation device marked as Type IV or Type V with Type IV performance is considered a throwable personal flotation device. Unless specifically marked otherwise, a wearable personal flotation device is not a throwable personal flotation device. (ad) “Undocumented vessel” means any vessel that is not required to have, and does not have, a valid marine document issued by the United States Coast Guard or any federal agency successor thereto. (ae) “Use” means operate, navigate, or employ. (af) “Vessel” includes every description of a watercraft or other artificial contrivance used or capable of being used as a means of transportation on water, except either of the following: (1) A seaplane on the water. (2) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled. (ag) “Water skis, an aquaplane, or a similar device” includes all forms of water skiing, barefoot skiing, skiing on skim boards, knee boards, or other contrivances, parasailing, ski kiting, or any activity where a person is towed behind or alongside a boat. (ah) “Waters of this state” means any waters within the territorial limits of this state. (ai) “Wearable personal flotation device” means a personal flotation device that is intended to be worn or otherwise attached to the body. A personal flotation device marked as Type I, Type II, Type III, or Type V with Type I, II, or III performance is considered a wearable personal flotation device. (Amended by Stats. 2024, Ch. 72, Sec. 14. (SB 156) Effective July 2, 2024.)
  200. 651.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. )

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    This section defines “bather” or “bathing” for this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 1. Operation and Equipment [650 - 674] ( Article 1 added by Stats. 1959, Ch. 1454. ) ## 651.1. As used in this chapter, unless the context clearly requires a different meaning, “bather” or “bathing” means a person floating, swimming, wading, or bodysurfing, with or without the use of a flotation device, including, but not limited to, floating upon or with the aid of a surfboard, paddle board, surfmat, innertube, life preserver, or air mattress, except a flotation device which is designed to be propelled by sail, mechanical means, power, oars, or paddle. (Added by Stats. 1990, Ch. 975, Sec. 1.)

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