SECTIONS 5859-5874

5859.  The board of supervisors shall make and have entered in theminutes an order finally determining the exterior boundaries of thedistrict, the improvement or development work to be done in theharbor, and the estimated cost, and the incidental expenses.5860.  The board shall pass a resolution calling an election for thepurpose of submitting to the qualified voters the proposition of theformation of the district and incurring a bonded debt and issuingand selling bonds, to pay the cost of the improvement or developmentwork, in a sum not greater than the estimated cost, and theincidental expenses as found by the board.5861.  This resolution of the board of supervisors shall: (a) Fix the date of the election which shall be not less than 130days after the date of the passage of the resolution. (b) Designate one or more voting precincts and generally describethe boundaries of each precinct. (c) Designate a place within each precinct at which the polls willbe opened for the purpose of the election on the date of theelection. (d) Appoint a board of election for each precinct, consisting ofone inspector, one judge, and one clerk, each of whom shall be aregistered elector of, and reside within, the precinct for which heor she is appointed. (e) State the object and purposes for which the indebtedness isproposed to be incurred and the amount of the principal of theindebtedness. (f) Recite a maximum rate of interest to be paid on indebtedness,not exceeding seven per cent per annum, payable semiannually.5862.  The resolution shall also prescribe the manner of voting foror against the incurring of the indebtedness and for or against theformation of the district, and in all particulars not recited in theresolution or as otherwise provided for in this part, the electionshall be held in accordance with the general election law of thestate, so far as it is applicable, but it is not necessary to mail orsend out sample ballots or precinct polling cards.5863.  The resolution shall invite the qualified voters residing inthe proposed district to vote upon the proposition by marking on theballot opposite the proposition of the formation of the district andof the incurring of indebtedness thereby.5864.  The ballot to be used at the election shall be substantiallyin the following form: HARBOR DISTRICTOFFICIAL BALLOT Instructions to voters: To vote in favor of the formation of theharbor district and the incurring of the indebtedness thereby, markin the voting area at the right of the words "For the harbordistrict." To vote against the formation of the harbor district and theincurring of the indebtedness thereby, mark in the voting area at theright of the words "Against the harbor district." All erasures and distinguishing marks are forbidden and make theballot void. If you wrongly stamp, tear, or deface this ballot,return it to the inspector of elections and obtain another. PROPOSITION "For the harbor district" (here set forth a general statement ofthe purposes for which the indebtedness is to be incurred, and theamount of the indebtedness). "Against the harbor district" (here set forth a general statementof the purposes for which the indebtedness is to be incurred and theamount of the indebtedness).5865.  The resolution calling the election shall be publishedpursuant to Section 6061 of the Government Code. The passage of the resolution and its publication constitute thenotice of election and no other notice need be given.5866.  On the day of the election the polls at each of the pollingplaces designated by the board of supervisors shall be opened at thehour of seven o'clock a.m. and shall be kept opened until the hour ofeight o'clock p.m. of the same day, when the polls shall be closed.Any elector within the polling place or standing in line thereat whohas not had an opportunity to vote and desires to vote shall bepermitted to vote after the hour of eight o'clock p.m. of the day ofelection.5867.  When the polls are closed, the board of election in eachprecinct shall close the polls in accordance with the election lawsof the state governing general elections, and deposit the ballotswith the county elections official of the county in which theelection is held.5868.  The board of supervisors at its first regular meeting afterthe date of the election shall canvass the returns of the election,and shall have entered upon the minutes of the meeting a findingshowing the number of votes cast in each precinct for the districtand the incurring of the indebtedness, and the number of votes castagainst the district and the incurring of the indebtedness, and thetotal number of votes cast in all the precincts for and against theharbor district and the incurring of the indebtedness.5869.  If from the canvass it appears and the board of supervisorsfinds that a majority of the votes were not cast for the proposeddistrict and the incurring of indebtedness thereby, it shall enterthat fact upon its minutes, and no further proceedings shall be takenunder the petition, but a new petition and notice may be signed,published, and filed and a new proceeding had after the expiration ofone year from the date of the election.5870.  If it appears and the board of supervisors finds that morethan a majority of the votes cast at the election were cast for thedistrict and the incurring of the indebtedness, it shall have thatfact entered upon the minutes, together with a description of theboundaries of the district, its name, and the official name or namesby which the district is commonly known, and enter an order declaringthe district duly formed, and existing in the county in which theproceedings were had, and that an indebtedness of the district isauthorized in the principal sum specified, to pay the cost of makingthe improvement or development, as set forth in the resolution.5871.  The clerk of the board of supervisors shall thereuponimmediately make up and certify a copy of these minutes and order andtransmit them to the Secretary of State.5872.  The Secretary of State shall file the certificate in his orher office, and within five days thereafter shall execute under thegreat seal of the State, and transmit to the clerk of the board ofsupervisors of the county in which the proceedings were had, acertificate that a harbor district under the name set forth in thepetition has been formed and exists in that county.5873.  The clerk of the board of supervisors shall file thecertificate in his or her office and upon the filing of thecertificate of the Secretary of State in the office of the clerk ofthe board of supervisors, the formation of the district is complete,and an indebtedness is authorized in the sum specified in theresolution calling the election.5874.  An action or proceeding shall not be maintained or prosecutedin any court whatever to test or to invalidate the formation of thedistrict or the authorized indebtedness unless it is commenced in acourt of competent jurisdiction within 60 days after the date of thefiling of the certificate of the Secretary of State in the office ofthe clerk of the board of supervisors.