Powers of Harbor Commissions

Division 8, Part 3, Chapter 2, Article 3 of the Harbors and Navigation Code specifies the powers of a harbor commission.

Section 6070 authorizes the board to 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.

Section 6070.2 requires that, before any ordinance may be adopted, a notice 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, The ordinance becomes effective immediately upon adoption by the board, unless another effective date is set forth by the board.

Section 6070.4 states that every person who violates any of the provisions of a district ordinance is guilty of a misdemeanor.

Section 6070.6 provides that the district’s manager, harbormaster or wharfinger, or any duly authorized representative of one of these persons, has the power to issue citations for violation of district ordinances in the specified manner.

Section 6071 allows the commission to employ engineers, attorneys and any other officers and employees necessary in the work of the district. It is required to appoint a treasurer, who holds office at the pleasure of the board, and whose duty is to receive and safely keep all moneys of the district. Numerous duties of the treasurer are set forth in this section.

Section 6072 authorizes a commission to sue and be sued in the name of the district in all courts and tribunals of competent jurisdiction. Section 6073 authorizes a commission to adopt a seal.

Section 6074 provides that the district 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.

Section 6075 states that 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. There are specified exceptions.

Section 6076 states that the district may exercise the right of eminent domain to take any property necessary or convenient to the exercise of its powers.

Section 6077 allows the district to borrow money and incur indebtedness and issue bonds or other evidence of indebtedness. All bonds issued are to be signed by the board and a district cannot incur a bonded indebtedness which in the aggregate exceeds 15% of the assessed value of all the real and personal property in the district.

Section 6077.1 provides that, 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 the 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.

Section 6077.2 states that the harbor district 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.

Section 6077.3 allows the harbor district to perform the functions of warehousemen, stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds.

Section 6077.4 allows the harbor district to 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.

Section 6077.5 allows a harbor district to 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.

Section 6077.5.5 allows the Oxnard Harbor District to 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.

Section 6077.6 allows a harbor district by resolution to order that the funds under its control and not necessary for current operating expenses be invested.

Section 6078 authorizes the board to do all other acts necessary and convenient for the full exercise of its powers.

Section 6079 requires the board by ordinance to 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.

Section 6081 allows, by resolution, the board to provide for the creation and accumulation of a fund for capital outlays.

Section 6082 allows the board to 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.

Section 6083 requires the capital outlay fund to remain inviolate for the making of any capital outlays and the money cannot be disbursed from the fund, except for the required 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.

Section 6084 authorizes the board to 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 $1,000,000 for the purposes of acquiring land for and constructing or operating any work, project, or facility authorized, or for the making of improvements or the purchase of equipment or for the maintenance thereof.

All moneys borrowed cannot be borrowed for a term exceeding five years, and the indebtednesses cannot incur a rate of interest in excess of 12% annually. The indebtedness can only be authorized by a resolution of the board of commissioners adopted by a two-thirds vote of the members of the board. The district is required to budget, levy, and collect taxes and pay for all indebtedness without limitation by any other provision of this part.

Section 6084.2 authorizes a district to 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 seven specified requirements. In addition, the resolution may provide for one or more of the seven specified matters.

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 $10,000,000. The pledged revenue is required to be sufficient to pay the three specified amounts annually, as they become due and payable.

Section 6085 authorizes the Crescent City Harbor District to borrow money and incur indebtedness, 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 other property for the accommodation and promotion of commerce and fishery in the harbor district.

Section 6086 authorizes the Port San Luis Harbor District to borrow money and incur indebtedness, 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 other property for the accommodation and promotion of commerce and fishery in the harbor district.

Section 6087 authorizes the Oxnard Harbor District to borrow money and incur indebtedness, 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 other property for the accommodation and promotion of commerce and fishery in the harbor district.