Formation of Harbor Improvement Districts

Division 8, Part 2, Chapter 1 of the California Harbors and Navigation Code deals with the formation of harbor improvement districts in this state. Section 5859 requires the board of supervisors to 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.

Section 5860 requires the board to 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 not greater than the estimated cost, and the incidental expenses as found by the board.

Section 5861 requires the resolution of the board of supervisors six specified items.

Section 5862 requires the resolution to prescribe the manner of voting for or against the incurring of the indebtedness and for or against the formation of the district, and the election must be held in accordance with the general election law of the state.

Section 5863 requires the resolution to 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.

Section 5864 requires the ballot to be used at the election to be substantially in the specified form. This section includes definitions of the following phrases: “for the harbor district” and “against the harbor district.”

Section 5864 requires the resolution calling the election to be published pursuant to Section 6061 of the Government Code.

Section 5866 specifies that, on the day of the election the polls at each of the polling places designated by the board of supervisors are to be opened at the hour of seven o’clock a.m. and be kept opened until the hour of eight o’clock p.m. of the same day, when the polls shall be closed.

Section 5867 requires, when the polls are closed, for the board of election in each precinct to 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.

Section 5868 requires the board of supervisors at its first regular meeting after the date of the election to canvass the returns of the election, and have entered upon the minutes of the meeting a finding showing specified items.

Section 5869 provides that, 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 must enter that fact upon its minutes, and no further proceedings are to be taken under the petition.

Section 5870 states that, 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 must have that fact entered upon the minutes, together with specified information.

Section 5871 requires the clerk of the board of supervisors to immediately make up and certify a copy of these minutes and order and transmit them to the Secretary of State.

Section 5872 requires the Secretary of State to file the certificate in his or her office, and within 5 days to 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 harbor district under the name set forth in the petition has been formed and exists in that county.

Section 5873 requires the clerk of the board of supervisors to 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 authorized in the sum specified in the resolution calling the election.

Section 5874 prohibits an action or proceeding from being maintained or prosecuted in any court 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 certificate of the Secretary of State in the office of the clerk of the board of supervisors.