Title HNC — California Harb. & Nav. Code

The board of supervisors may also change the exterior boundaries of the proposed district, as set forth in the petition by adding to the proposed district other contiguous lands which will be benefited by the improvement or development of the harbor. (Enacted by Stats. 1937, Ch. …

Land may not be added to the proposed district until notice is served upon the owner of the lands proposed to be added. The notice may be personally served upon the owner or published for the same period of time and in the same paper as the original petition and notice of hearing…

The board of supervisors shall investigate and determine: (a) If the improvement or development work generally described in the petition is feasible. (b) If, when completed it will result in the improvement or development of the harbor. (c) If the estimated cost and incidental ex…

If it appears, and the board of supervisors finds that it is necessary, in order to make a sufficient and adequate examination, to continue the hearing beyond ninety days, the board may for that purpose continue the hearing for not longer than six months from the date of the pres…

If the improvement, development, protection, maintenance, management or control of a harbor or any part thereof, proposed to be imporved or developed, is vested in or exercised by a harbor commission, the petition shall be submitted to and approved by the harbor commission, befor…

Neither the board of supervisors or the harbor commission, if one exists, is bound by the improvement or development work described in the petition, or by the estimated cost set forth, but it may find that other, different, or less amount of improvement or development work should…

Upon final hearing, the board of supervisors shall have a finding of facts entered upon the minutes of the meeting if it appears that: (a) The petition and notice of hearing have been duly published. (b) The petition is signed by a sufficient number of persons who possess the req…

The finding of facts required to be made by the board of supervisors shall set forth: (a) The name of the proposed district, as set forth in the petition. (b) The official name or name by which the harbor is commonly known. (c) A description of the exterior boundaries of the terr…

The findings are conclusive evidence of the existence of every fact found by the board of supervisors and of the due signing and publication of the petition and of the publication or personal service of all prior notices, and vest the board with authority to proceed pursuant to t…

The board of supervisors shall make and have entered in the minutes an order finally determining the exterior boundaries of the district, the improvement or development work to be done in the harbor, and the estimated cost, and the incidental expenses. (Enacted by Stats. 1937, Ch…

The board shall pass a resolution calling an election for the purpose of submitting to the qualified voters the proposition of the formation of the district and incurring a bonded debt and issuing and selling bonds, to pay the cost of the improvement or development work, in a sum…

This resolution of the board of supervisors shall: (a) Fix the date of the election which shall be not less than 130 days after the date of the passage of the resolution. (b) Designate one or more voting precincts and generally describe the boundaries of each precinct. (c) Design…

The resolution shall also prescribe the manner of voting for or against the incurring of the indebtedness and for or against the formation of the district, and in all particulars not recited in the resolution or as otherwise provided for in this part, the election shall be held i…

The resolution shall invite the qualified voters residing in the proposed district to vote upon the proposition by marking on the ballot opposite the proposition of the formation of the district and of the incurring of indebtedness thereby.

The ballot to be used at the election shall be substantially in the following form: HARBOR DISTRICT OFFICIAL BALLOT Instructions to voters: To vote in favor of the formation of the harbor district and the incurring of the indebtedness thereby, mark in the voting area at the right…

The resolution calling the election shall be published pursuant to Section 6061 of the Government Code. The passage of the resolution and its publication constitute the notice of election and no other notice need be given.

On the day of the election the polls at each of the polling places designated by the board of supervisors shall be opened at the hour of seven o’clock a.m. and shall be kept opened until the hour of eight o’clock p.m. of the same day, when the polls shall be closed. Any elector w…

When the polls are closed, the board of election in each precinct shall close the polls in accordance with the election laws of the state governing general elections, and deposit the ballots with the county elections official of the county in which the election is held.

The board of supervisors at its first regular meeting after the date of the election shall canvass the returns of the election, and shall have entered upon the minutes of the meeting a finding showing the number of votes cast in each precinct for the district and the incurring of…

If from the canvass it appears and the board of supervisors finds that a majority of the votes were not cast for the proposed district and the incurring of indebtedness thereby, it shall enter that fact upon its minutes, and no further proceedings shall be taken under the petitio…

If it appears and the board of supervisors finds that more than a majority of the votes cast at the election were cast for the district and the incurring of the indebtedness, it shall have that fact entered upon the minutes, together with a description of the boundaries of the di…

The clerk of the board of supervisors shall thereupon immediately make up and certify a copy of these minutes and order and transmit them to the Secretary of State. (Enacted by Stats. 1937, Ch. 368.)

The Secretary of State shall file the certificate in his or her office, and within five days thereafter shall execute under the great seal of the State, and transmit to the clerk of the board of supervisors of the county in which the proceedings were had, a certificate that a har…

The clerk of the board of supervisors shall file the certificate in his or her office and upon the filing of the certificate of the Secretary of State in the office of the clerk of the board of supervisors, the formation of the district is complete, and an indebtedness is authori…

An action or proceeding shall not be maintained or prosecuted in any court whatever to test or to invalidate the formation of the district or the authorized indebtedness unless it is commenced in a court of competent jurisdiction within 60 days after the date of the filing of the…

A county or portion of a county or city or portion of a city or more than one city with or without a portion of the unincorporated territory of a county, the exterior boundary of which includes a harbor, may be formed into a harbor district for the improvement or development of t…

Whenever fifty or more persons in any area which may be formed into a district pursuant to this part, desire the formation of a district for the improvement or development of a harbor, they may sign and present to the board of supervisors of the county in which the harbor is situ…

The petition shall contain: (a) The name of the proposed district. (b) The official name or names by which the harbor is commonly known. (c) The exterior boundaries of the proposed district which shall include the whole or a portion of the harbor proposed to be improved or develo…

Each signer of the petition shall be a registered voter, resident and freeholder within the proposed district. (Enacted by Stats. 1937, Ch. 368.)

The petition shall be published for a least two weeks preceding the hearing thereon in a newspaper of general circulation printed in the proposed district, if there is such a newspaper so printed. If not, publication shall be so made in a newspaper published in the county. With t…

At the time and place specified in the notice, the board of supervisors shall consider the petition and may continue the hearing from time to time, not exceeding a period of 90 days. At the hearing by the board of supervisors a certificate issued by the assessor of the county and…

At the hearing, the board of supervisors may change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which would not be benefited by the improvement or development of the harbor. The board of supervisors may also change the exteri…

Land may not be added to or included in the proposed district until notice is served upon the owner of the lands affected. The notice may be served personally upon the owner or be published for the same period of time in the same newspaper as the original petition and notice of h…

The board of supervisors shall investigate and determine whether or not the improvement and development work generally described in the petition is feasible and whether, when completed, it will result in the improvement and development of the harbor and become a benefit to the pr…

Upon the completion of the hearing, the board of supervisors shall have a finding of facts entered upon the minutes if it appears that: (a) The petition and notice of hearing have been duly published. (b) The petition is signed by a sufficient number of persons who possess the re…

The findings of fact required to be made by the board of supervisors shall set forth: (a) The name of the proposed district as set forth in the petition. (b) The official name or name by which the harbor is commonly known. (c) A description of the exterior boundaries of the terri…

The findings are conclusive evidence of the existence of every fact so found by the board of supervisors and of the due signing and publication of the petition and of the publication or personal service of all notices and vest the board of supervisors with authority to proceed pu…

The board of supervisors shall have entered in its minutes an order finally determining and establishing the exterior boundaries of the proposed district, and it shall pass a resolution calling an election within the district for the purpose of submitting to the qualified voters …

The board of supervisors, by resolution, shall fix the date of the election, which shall not be less than 130 days from the date of its passage and it shall divide the proposed district into one or more voting precincts and generally describe or otherwise designate the boundaries…

The board of supervisors for the first election in the proposed district and the board at any subsequent election in the district, shall appoint a board of election for each precinct, consisting of at least one inspector, one judge and one clerk. Each member of the board of elect…

The resolution shall also prescribe the manner of voting for or against the formation of the district, and in all particulars not recited in the resolution or otherwise provided for in this part, the election shall be held in accordance with the general election laws, so far as t…

The resolution shall invite the qualified voters residing in the district to vote upon the propositions of its formation and the election of a board. (Enacted by Stats. 1937, Ch. 368.)

The ballot to be used at the election shall be substantially in the following form: (Name) Harbor District Official Ballot Instructions to voters: to vote in favor of the formation of the harbor district, mark in the voting area at the right of the words “For the harbor district.…

The official ballot at the first election in the proposed district shall provide voting squares after the words “For the harbor district” and after the words “Against the harbor district” and shall also have printed thereon the names of all candidates for harbor commissioner, tog…

The resolution calling the first election and the resolution of the board calling any subsequent election shall be published pursuant to Section 6066 of the Government Code in a newspaper published, printed and circulated in the district. The passage and publication of the resolu…

Within five days after the district formation election has been called, the legislative body which has called the election shall transmit, by registered mail, a written notification of the election call to the executive officer of the local agency formation commission of the coun…

The board of supervisors or any member or members of the board authorized by the board, or any individual voter or bona fide association of citizens entitled to vote on the district formation proposition, or any combination of such voters and associations of citizens, may file a …

If more than one argument for or more than one argument against the proposed district formation is filed with the election officials within the time prescribed, such election officials shall select one of the arguments for printing and distribution to the voters. In selecting the…

(a) The elections officials in charge of conducting the election shall cause a ballot pamphlet concerning the district formation proposition to be voted on to be printed and mailed to each voter entitled to vote on the district formation question. (b) The ballot pamphlet shall co…

On the day of any election held pursuant to this part, the polls at each of the polling places designated, shall be opened and closed as provided in Section 14212 of the Elections Code.