County Harbor Improvement

Article 6 of Chapter 2 of Division 7 provides for county harbor improvements and harbor improvement bonds.

Section 4130 defines the term “harbor.” Section 4131 provides that any county may improve, develop, protect, and maintain one or more or all of the harbors within its boundaries, upon the conditions, in accordance with the procedure, and in the manner provided in this article and other applicable laws.

Section 4132 provides that, upon receiving a petition signed by persons who are both freeholders and electors in the county, equal in number to at least 15% of the vote cast for the office of Governor at the last preceding election at which a Governor was elected, proposing that the matter of the improvement, development, protection and maintenance of one or more such harbors, naming them, be submitted to the electors of the county, the board of supervisors may appoint a harbor commission for the county.

Section 4133 states that, with all diligence, the harbor commission is required to proceed with surveys of the harbor or harbors intended to be improved, developed, or protected, the preparation of plans and estimates of cost, and must report to the board of supervisors, with its recommendations concerning the necessity, advantage, and benefit to be derived by the improvement, development, or protection of the harbors.

Section 4134 says that, upon receiving the report and recommendations of the Harbor Commission, the board of supervisors is required to consider and determine the feasibility of the project or projects submitted, may call upon the commission for further surveys and reports, and make specified determinations.

Section 4135 allows the county to incur a bonded indebtedness, upon the conditions, in the manner and in accordance with the procedure prescribed by applicable provisions of law.

Section 4136 provides that any tax for a specified purpose may be levied only if a proposal is submitted to the qualified electors of the county, at a general or special election, and is approved by a majority of the electors voting thereon.

Section 4137 specifies that the work of improving, developing, or protecting the harbor, whether the moneys are the proceeds of the sale of bonds of the county or of a tax levy, must be done under the control and management of the harbor commission.

Section 4138 provides that, when the improvement, development, or protection of a particular harbor is completed, and the board of supervisors so find and determine, the management and control of that harbor vests in the board of supervisors. And, the costs of maintaining the harbor is a county charge.

Section 4139 states that, in managing and controlling a harbor, the board of supervisors has authority to grant franchises, permits and leases for the use of lands and facilities belonging to the county, and to prescribe the rate or rates of wharfage and other charges which are appropriate for the use of any of the facilities owned or services furnished or provided by the county.

All revenues derived from franchises, permits, leases, and charges, are available solely for payment of the cost of maintaining harbors that are under the control and management of the board of supervisors, except for occasional bond repayments.

Section 4140 states that, in any year a tax may be levied for the maintenance of the harbor or harbors in the county at a rate calculated to raise a sum of money equal to the amount of the excess of the amount of the estimated cost of such maintenance over the estimated amount of revenues that are or will become available to defray such cost.

The rate of the tax cannot exceed $0.15 per $100 of the assessed valuation of all taxable property within the county, unless a proposal for a specified higher rate for a particular year is submitted to the qualified electors of the county at a general or special election and is approved by a majority of the electors voting thereon.