5900. Whenever any district is formed pursuant to this part and its
control is vested in the board of supervisors of the county in which
the district is situated, the board of supervisors may pass all
necessary ordinances for the regulation of the district and provide
that the violation of such ordinances constitutes a misdemeanor.
5900.1. The board may sue and be sued in the name of the district.
5900.2. The board may adopt a seal and alter it at pleasure.
5900.3. The board may take by grant, purchase, gift, devise, lease
and dispose of real and personal property of every kind within or
without the district necessary to the full or convenient exercise of
their powers.
5900.4. The board may exercise the right of eminent domain to take
any property necessary or convenient to the exercise of the powers
conferred by this part.
5900.5. The board may borrow money and incur indebtedness and issue
bonds or other evidence of the indebtedness in the manner, and to
the extent, deemed necessary by the board for further improvement and
development of the harbor. The board also may do any other acts, and
exercise any other powers, which may be necessary or convenient for
the full exercise of the powers specifically granted by this part.
5900.6. When any improvement or development work done under the
authority of the board is completed, the maintenance, management, and
control of the work done, and of the harbor as so improved, shall
pass to and be vested in the board. The board may employ and pay all
necessary agents, servants, and employees to manage, maintain, and
control the harbor.
5900.7. If any portion of the harbor is situated within the
boundaries of any incorporated city, the board of supervisors may
enter into arrangements or contracts with the governing body of that
city, upon such terms as may be agreed upon, for the purchase and
maintenance of fireboats, patrol boats, sanitary and other equipment
which the board deems necessary for the proper protection of the
harbor.
5900.8. The board shall exercise general supervision over the
harbor and may adopt general rules and regulations for the government
thereof, which in its judgment will best promote the interests
thereof, if these rules and regulations do not conflict with the
right of any city to exercise its police powers, or with the right of
the city to license and regulate business enterprises within its
corporate limits. If any business or enterprise is located adjacent
to or affects the use and enjoyment of the waters of the harbor, the
approval of the board of supervisors shall be necessary to the
licensing and regulation thereof.
5900.9. The board may provide by ordinance for the regulation of
anchorages, wharfages and dockage of vessels within the harbor and it
may establish and collect fees and licenses therefor. The proceeds
when collected shall be deposited to the credit of the harbor
district fund.
5900.10. Every person who violates the provisions of any ordinance
enacted by the board of supervisors pursuant to this part, is guilty
of a misdemeanor.
5900.11. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
5901. The governing body of a city within which a portion of the
harbor is situated may establish by ordinance any regulations which
are proper in the exercise of its police powers which regulations do
not conflict with the provisions of this part, or with any lawful
ordinance of the board of supervisors.
5902. The board of supervisors may by ordinance provide for the
appointment of a harbor commission consisting of seven persons, and
shall by ordinance define its powers and duties.
5903. If the purposes for which the bonds were voted are being or
shall be carried out by cooperation or agreement between the United
States of America or any department, officer or agency thereof, and
the district, the proceeds of the bonds may be turned over to the
United States of America, or any department, officer or agency
thereof, to be expended by it in the performance of the improvement
or development work for which the bonds were voted.
If the improvement or development work for which the bonds of the
district were voted is to be done jointly with the United States of
America, or any department, officer or agency thereof, the portion of
the cost to be borne by the district may be turned over to the
United States of America, or any department, officer or agency
thereof, to be expended by it in the performance of the improvement
or development work, and all cooperative arrangements or agreements
heretofore entered into are hereby validated, legalized and
confirmed, and the payment and turning over to the United States of
America or to any department, officer or agency thereof, heretofore
or hereafter of the proceeds of any harbor district bonds for
expenditure by the United States of America, or any department,
officer or agency thereof, in the performance of the improvement or
development work for which the bonds were voted is hereby validated,
legalized and confirmed for all purposes and the performance of the
work by or under the supervision of the United States of America, or
any department, officer or agency thereof, is hereby validated,
legalized and confirmed.
5904. (a) The district may, in any year, levy assessments,
reassessments, or special taxes and issue bonds to finance waterway
construction projects and related operations and maintenance, or
operations and maintenance projects independent of construction
projects in accordance with, and pursuant to, the Improvement Act of
1911 (Division 7 (commencing with Section 5000) of the Streets and
Highways Code), the Improvement Bond Act of 1915 (Division 10
(commencing with Section 8500) of the Streets and Highways Code), the
Municipal Improvement Act of 1913 (Division 12 (commencing with
Section 10000) of the Streets and Highways Code), the Benefit
Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703)
of the Government Code), the Integrated Financing District Act
(Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5
of the Government Code), the Mello-Roos Community Facilities Act of
1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the Government Code), and the Marks-Roos
Local Bond Pooling Act of 1985 (Article 4 (commencing with Section
6584) of Chapter 5 of Division 7 of Title 1 of the Government Code).
(b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193,
10104, and 10302 of the Streets and Highways Code shall not apply to
assessment proceedings undertaken pursuant to this section.
(c) Notwithstanding the related provisions of any assessment act
which the district is authorized to use, any assessment diagram which
any of those acts requires to be prepared prior to final approval of
the assessment district may show only the exterior boundaries of the
assessment district and the boundaries of any assessment zones or
improvement areas within the district. The diagram may refer to the
county assessor's maps and records for a detailed description of each
lot or parcel.
(d) Notwithstanding any other provision of law, the district may
levy and collect assessments and reassessments in the same manner as
provided in Article 3 (commencing with Section 51320) of Chapter 2 of
Part 7 of Division 15 of the Water Code, to pay any or all of the
following:
(1) For the operation and maintenance of projects, including
maintenance of lands, easements, rights-of-way, dredge material
disposal areas, and remediation.
(2) For the satisfaction of liabilities arising from projects.
(3) To accumulate a fund which may be used to advance the cost of
district projects, provided that the advances be repaid, with
interest as determined by the commissioners, from assessments,
reassessments, special taxes, or fees charged by the district
pursuant to this section.
(4) To acquire real property, easements, or rights-of-way for a
navigation project or the maintenance of a navigation project.
(5) To acquire real property within the district for the disposal
of dredged material.
(e) For purposes of this section, functions designated by Article
3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division
15 of the Water Code to be performed by the board of supervisors, the
board of trustees, or valuation commissioners shall be performed by
the district's board.
(f) For purposes of this section, the board may order the creation
of a separate assessment roll to pay the allowable expenses of any
single project or any group or system of projects.
(g) Notwithstanding any other provision of law, all assessments,
reassessments, and taxes levied by the district may be collected
together with, and not separately from, taxes for county purposes.
Any county in which the district is located may collect, at the
request of the district, all assessments, reassessments, and special
taxes levied by the district and shall cause those revenues to be
deposited into the county treasury to the credit of the district.
Each county may deduct its reasonable collection and administrative
costs.
(h) Notwithstanding any other provision of law, any assessment or
reassessment levied pursuant to this section may be apportioned on
the basis of land use category, tonnage shipped on the waterway, size
and type of vessel using the waterway, front footage, acreage,
capital improvements, or other reasonable basis, separately or in
combination, as determined by the district commissioners.
(i) Notwithstanding any other provision of law, Division 4
(commencing with Section 2800) of the Streets and Highways Code shall
not apply to any assessment levied by the district.
(j) Notwithstanding any other provision of law, no bond issued
pursuant to this section shall be used to fund the routine
maintenance dredging of channels.
5900. Whenever any district is formed pursuant to this part and its
control is vested in the board of supervisors of the county in which
the district is situated, the board of supervisors may pass all
necessary ordinances for the regulation of the district and provide
that the violation of such ordinances constitutes a misdemeanor.
5900.1. The board may sue and be sued in the name of the district.
5900.2. The board may adopt a seal and alter it at pleasure.
5900.3. The board may take by grant, purchase, gift, devise, lease
and dispose of real and personal property of every kind within or
without the district necessary to the full or convenient exercise of
their powers.
5900.4. The board may exercise the right of eminent domain to take
any property necessary or convenient to the exercise of the powers
conferred by this part.
5900.5. The board may borrow money and incur indebtedness and issue
bonds or other evidence of the indebtedness in the manner, and to
the extent, deemed necessary by the board for further improvement and
development of the harbor. The board also may do any other acts, and
exercise any other powers, which may be necessary or convenient for
the full exercise of the powers specifically granted by this part.
5900.6. When any improvement or development work done under the
authority of the board is completed, the maintenance, management, and
control of the work done, and of the harbor as so improved, shall
pass to and be vested in the board. The board may employ and pay all
necessary agents, servants, and employees to manage, maintain, and
control the harbor.
5900.7. If any portion of the harbor is situated within the
boundaries of any incorporated city, the board of supervisors may
enter into arrangements or contracts with the governing body of that
city, upon such terms as may be agreed upon, for the purchase and
maintenance of fireboats, patrol boats, sanitary and other equipment
which the board deems necessary for the proper protection of the
harbor.
5900.8. The board shall exercise general supervision over the
harbor and may adopt general rules and regulations for the government
thereof, which in its judgment will best promote the interests
thereof, if these rules and regulations do not conflict with the
right of any city to exercise its police powers, or with the right of
the city to license and regulate business enterprises within its
corporate limits. If any business or enterprise is located adjacent
to or affects the use and enjoyment of the waters of the harbor, the
approval of the board of supervisors shall be necessary to the
licensing and regulation thereof.
5900.9. The board may provide by ordinance for the regulation of
anchorages, wharfages and dockage of vessels within the harbor and it
may establish and collect fees and licenses therefor. The proceeds
when collected shall be deposited to the credit of the harbor
district fund.
5900.10. Every person who violates the provisions of any ordinance
enacted by the board of supervisors pursuant to this part, is guilty
of a misdemeanor.
5900.11. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
5901. The governing body of a city within which a portion of the
harbor is situated may establish by ordinance any regulations which
are proper in the exercise of its police powers which regulations do
not conflict with the provisions of this part, or with any lawful
ordinance of the board of supervisors.
5902. The board of supervisors may by ordinance provide for the
appointment of a harbor commission consisting of seven persons, and
shall by ordinance define its powers and duties.
5903. If the purposes for which the bonds were voted are being or
shall be carried out by cooperation or agreement between the United
States of America or any department, officer or agency thereof, and
the district, the proceeds of the bonds may be turned over to the
United States of America, or any department, officer or agency
thereof, to be expended by it in the performance of the improvement
or development work for which the bonds were voted.
If the improvement or development work for which the bonds of the
district were voted is to be done jointly with the United States of
America, or any department, officer or agency thereof, the portion of
the cost to be borne by the district may be turned over to the
United States of America, or any department, officer or agency
thereof, to be expended by it in the performance of the improvement
or development work, and all cooperative arrangements or agreements
heretofore entered into are hereby validated, legalized and
confirmed, and the payment and turning over to the United States of
America or to any department, officer or agency thereof, heretofore
or hereafter of the proceeds of any harbor district bonds for
expenditure by the United States of America, or any department,
officer or agency thereof, in the performance of the improvement or
development work for which the bonds were voted is hereby validated,
legalized and confirmed for all purposes and the performance of the
work by or under the supervision of the United States of America, or
any department, officer or agency thereof, is hereby validated,
legalized and confirmed.
5904. (a) The district may, in any year, levy assessments,
reassessments, or special taxes and issue bonds to finance waterway
construction projects and related operations and maintenance, or
operations and maintenance projects independent of construction
projects in accordance with, and pursuant to, the Improvement Act of
1911 (Division 7 (commencing with Section 5000) of the Streets and
Highways Code), the Improvement Bond Act of 1915 (Division 10
(commencing with Section 8500) of the Streets and Highways Code), the
Municipal Improvement Act of 1913 (Division 12 (commencing with
Section 10000) of the Streets and Highways Code), the Benefit
Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703)
of the Government Code), the Integrated Financing District Act
(Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5
of the Government Code), the Mello-Roos Community Facilities Act of
1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the Government Code), and the Marks-Roos
Local Bond Pooling Act of 1985 (Article 4 (commencing with Section
6584) of Chapter 5 of Division 7 of Title 1 of the Government Code).
(b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193,
10104, and 10302 of the Streets and Highways Code shall not apply to
assessment proceedings undertaken pursuant to this section.
(c) Notwithstanding the related provisions of any assessment act
which the district is authorized to use, any assessment diagram which
any of those acts requires to be prepared prior to final approval of
the assessment district may show only the exterior boundaries of the
assessment district and the boundaries of any assessment zones or
improvement areas within the district. The diagram may refer to the
county assessor's maps and records for a detailed description of each
lot or parcel.
(d) Notwithstanding any other provision of law, the district may
levy and collect assessments and reassessments in the same manner as
provided in Article 3 (commencing with Section 51320) of Chapter 2 of
Part 7 of Division 15 of the Water Code, to pay any or all of the
following:
(1) For the operation and maintenance of projects, including
maintenance of lands, easements, rights-of-way, dredge material
disposal areas, and remediation.
(2) For the satisfaction of liabilities arising from projects.
(3) To accumulate a fund which may be used to advance the cost of
district projects, provided that the advances be repaid, with
interest as determined by the commissioners, from assessments,
reassessments, special taxes, or fees charged by the district
pursuant to this section.
(4) To acquire real property, easements, or rights-of-way for a
navigation project or the maintenance of a navigation project.
(5) To acquire real property within the district for the disposal
of dredged material.
(e) For purposes of this section, functions designated by Article
3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division
15 of the Water Code to be performed by the board of supervisors, the
board of trustees, or valuation commissioners shall be performed by
the district's board.
(f) For purposes of this section, the board may order the creation
of a separate assessment roll to pay the allowable expenses of any
single project or any group or system of projects.
(g) Notwithstanding any other provision of law, all assessments,
reassessments, and taxes levied by the district may be collected
together with, and not separately from, taxes for county purposes.
Any county in which the district is located may collect, at the
request of the district, all assessments, reassessments, and special
taxes levied by the district and shall cause those revenues to be
deposited into the county treasury to the credit of the district.
Each county may deduct its reasonable collection and administrative
costs.
(h) Notwithstanding any other provision of law, any assessment or
reassessment levied pursuant to this section may be apportioned on
the basis of land use category, tonnage shipped on the waterway, size
and type of vessel using the waterway, front footage, acreage,
capital improvements, or other reasonable basis, separately or in
combination, as determined by the district commissioners.
(i) Notwithstanding any other provision of law, Division 4
(commencing with Section 2800) of the Streets and Highways Code shall
not apply to any assessment levied by the district.
(j) Notwithstanding any other provision of law, no bond issued
pursuant to this section shall be used to fund the routine
maintenance dredging of channels.
5900. Whenever any district is formed pursuant to this part and its
control is vested in the board of supervisors of the county in which
the district is situated, the board of supervisors may pass all
necessary ordinances for the regulation of the district and provide
that the violation of such ordinances constitutes a misdemeanor.
5900.1. The board may sue and be sued in the name of the district.
5900.2. The board may adopt a seal and alter it at pleasure.
5900.3. The board may take by grant, purchase, gift, devise, lease
and dispose of real and personal property of every kind within or
without the district necessary to the full or convenient exercise of
their powers.
5900.4. The board may exercise the right of eminent domain to take
any property necessary or convenient to the exercise of the powers
conferred by this part.
5900.5. The board may borrow money and incur indebtedness and issue
bonds or other evidence of the indebtedness in the manner, and to
the extent, deemed necessary by the board for further improvement and
development of the harbor. The board also may do any other acts, and
exercise any other powers, which may be necessary or convenient for
the full exercise of the powers specifically granted by this part.
5900.6. When any improvement or development work done under the
authority of the board is completed, the maintenance, management, and
control of the work done, and of the harbor as so improved, shall
pass to and be vested in the board. The board may employ and pay all
necessary agents, servants, and employees to manage, maintain, and
control the harbor.
5900.7. If any portion of the harbor is situated within the
boundaries of any incorporated city, the board of supervisors may
enter into arrangements or contracts with the governing body of that
city, upon such terms as may be agreed upon, for the purchase and
maintenance of fireboats, patrol boats, sanitary and other equipment
which the board deems necessary for the proper protection of the
harbor.
5900.8. The board shall exercise general supervision over the
harbor and may adopt general rules and regulations for the government
thereof, which in its judgment will best promote the interests
thereof, if these rules and regulations do not conflict with the
right of any city to exercise its police powers, or with the right of
the city to license and regulate business enterprises within its
corporate limits. If any business or enterprise is located adjacent
to or affects the use and enjoyment of the waters of the harbor, the
approval of the board of supervisors shall be necessary to the
licensing and regulation thereof.
5900.9. The board may provide by ordinance for the regulation of
anchorages, wharfages and dockage of vessels within the harbor and it
may establish and collect fees and licenses therefor. The proceeds
when collected shall be deposited to the credit of the harbor
district fund.
5900.10. Every person who violates the provisions of any ordinance
enacted by the board of supervisors pursuant to this part, is guilty
of a misdemeanor.
5900.11. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
5901. The governing body of a city within which a portion of the
harbor is situated may establish by ordinance any regulations which
are proper in the exercise of its police powers which regulations do
not conflict with the provisions of this part, or with any lawful
ordinance of the board of supervisors.
5902. The board of supervisors may by ordinance provide for the
appointment of a harbor commission consisting of seven persons, and
shall by ordinance define its powers and duties.
5903. If the purposes for which the bonds were voted are being or
shall be carried out by cooperation or agreement between the United
States of America or any department, officer or agency thereof, and
the district, the proceeds of the bonds may be turned over to the
United States of America, or any department, officer or agency
thereof, to be expended by it in the performance of the improvement
or development work for which the bonds were voted.
If the improvement or development work for which the bonds of the
district were voted is to be done jointly with the United States of
America, or any department, officer or agency thereof, the portion of
the cost to be borne by the district may be turned over to the
United States of America, or any department, officer or agency
thereof, to be expended by it in the performance of the improvement
or development work, and all cooperative arrangements or agreements
heretofore entered into are hereby validated, legalized and
confirmed, and the payment and turning over to the United States of
America or to any department, officer or agency thereof, heretofore
or hereafter of the proceeds of any harbor district bonds for
expenditure by the United States of America, or any department,
officer or agency thereof, in the performance of the improvement or
development work for which the bonds were voted is hereby validated,
legalized and confirmed for all purposes and the performance of the
work by or under the supervision of the United States of America, or
any department, officer or agency thereof, is hereby validated,
legalized and confirmed.
5904. (a) The district may, in any year, levy assessments,
reassessments, or special taxes and issue bonds to finance waterway
construction projects and related operations and maintenance, or
operations and maintenance projects independent of construction
projects in accordance with, and pursuant to, the Improvement Act of
1911 (Division 7 (commencing with Section 5000) of the Streets and
Highways Code), the Improvement Bond Act of 1915 (Division 10
(commencing with Section 8500) of the Streets and Highways Code), the
Municipal Improvement Act of 1913 (Division 12 (commencing with
Section 10000) of the Streets and Highways Code), the Benefit
Assessment Act of 1982 (Chapter 6.4 (commencing with Section 54703)
of the Government Code), the Integrated Financing District Act
(Chapter 1.5 (commencing with Section 53175) of Division 2 of Title 5
of the Government Code), the Mello-Roos Community Facilities Act of
1982 (Chapter 2.5 (commencing with Section 53311) of Part 1 of
Division 2 of Title 5 of the Government Code), and the Marks-Roos
Local Bond Pooling Act of 1985 (Article 4 (commencing with Section
6584) of Chapter 5 of Division 7 of Title 1 of the Government Code).
(b) Sections 5116, 5117, 5118, 5119, 5190, 5191, 5192, 5193,
10104, and 10302 of the Streets and Highways Code shall not apply to
assessment proceedings undertaken pursuant to this section.
(c) Notwithstanding the related provisions of any assessment act
which the district is authorized to use, any assessment diagram which
any of those acts requires to be prepared prior to final approval of
the assessment district may show only the exterior boundaries of the
assessment district and the boundaries of any assessment zones or
improvement areas within the district. The diagram may refer to the
county assessor's maps and records for a detailed description of each
lot or parcel.
(d) Notwithstanding any other provision of law, the district may
levy and collect assessments and reassessments in the same manner as
provided in Article 3 (commencing with Section 51320) of Chapter 2 of
Part 7 of Division 15 of the Water Code, to pay any or all of the
following:
(1) For the operation and maintenance of projects, including
maintenance of lands, easements, rights-of-way, dredge material
disposal areas, and remediation.
(2) For the satisfaction of liabilities arising from projects.
(3) To accumulate a fund which may be used to advance the cost of
district projects, provided that the advances be repaid, with
interest as determined by the commissioners, from assessments,
reassessments, special taxes, or fees charged by the district
pursuant to this section.
(4) To acquire real property, easements, or rights-of-way for a
navigation project or the maintenance of a navigation project.
(5) To acquire real property within the district for the disposal
of dredged material.
(e) For purposes of this section, functions designated by Article
3 (commencing with Section 51320) of Chapter 2 of Part 7 of Division
15 of the Water Code to be performed by the board of supervisors, the
board of trustees, or valuation commissioners shall be performed by
the district's board.
(f) For purposes of this section, the board may order the creation
of a separate assessment roll to pay the allowable expenses of any
single project or any group or system of projects.
(g) Notwithstanding any other provision of law, all assessments,
reassessments, and taxes levied by the district may be collected
together with, and not separately from, taxes for county purposes.
Any county in which the district is located may collect, at the
request of the district, all assessments, reassessments, and special
taxes levied by the district and shall cause those revenues to be
deposited into the county treasury to the credit of the district.
Each county may deduct its reasonable collection and administrative
costs.
(h) Notwithstanding any other provision of law, any assessment or
reassessment levied pursuant to this section may be apportioned on
the basis of land use category, tonnage shipped on the waterway, size
and type of vessel using the waterway, front footage, acreage,
capital improvements, or other reasonable basis, separately or in
combination, as determined by the district commissioners.
(i) Notwithstanding any other provision of law, Division 4
(commencing with Section 2800) of the Streets and Highways Code shall
not apply to any assessment levied by the district.
(j) Notwithstanding any other provision of law, no bond issued
pursuant to this section shall be used to fund the routine
maintenance dredging of channels.
