6070. Except as otherwise provided in Section 660, the board may
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.
6070.2. Before any ordinance may be adopted, the violation of which
shall be a misdemeanor, a notice shall 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, or a part thereof, is located, stating
generally the nature of the ordinance proposed, stating where and
when a copy thereof may be inspected, and specifying the date, not
less than 20 days from the date of publication of such notice, on
which the board will meet for the purpose of adopting the ordinance.
The ordinance shall become effective immediately upon adoption by the
board, unless another effective date is set forth by the board.
6070.4. Every person who violates any of the provisions of a
district ordinance adopted pursuant to Sections 6070 and 6070.2 is
guilty of a misdemeanor.
6070.6. The district's manager, harbormaster or wharfinger, or any
duly authorized representative of one of these persons, shall have
the power to issue citations for violation of district ordinances in
the manner provided by Chapter 5c (commencing with Section 853.6) of
Title 3, Part 2 of the Penal Code.
6071. It may employ engineers, attorneys and any other officers and
employees necessary in the work of the district. It shall appoint a
treasurer, who shall hold office at the pleasure of the board, and
whose duty it shall be to receive and safely keep all moneys of the
district. He shall comply with all provisions of law governing the
deposit and securing of public funds. He shall pay out moneys only on
warrants duly authorized by the board and not otherwise; provided,
however, that no warrants need be issued for the payment of principal
and interest on bonds of the district. He shall at regular
intervals, at least once each month, submit to the secretary of the
district a written report and accounting of all receipts and
disbursements and fund balances, a copy of which report he shall file
with the board.
The treasurer may appoint a deputy or deputies for whose acts he
and his bondsman shall be responsible. Such deputy or deputies shall
hold office subject to the pleasure of the treasurer and shall
receive such compensation as may be provided by the board. Said
treasurer shall execute a bond covering the faithful performance by
him of the duties of his office and his duties with respect to all
moneys coming into his hands as treasurer in such amount as shall be
fixed by resolution of said board. The surety bond herein required
shall be executed only by a surety company authorized to do business
in the State of California and the premium therefor shall be paid by
the district out of its general fund. Said bond shall be approved by
the board and filed with the secretary of the district. Said
treasurer before entering upon the duties of his office shall take
and file with the secretary of the district the oath of office
required by the Constitution of this State.
6072. It may sue and be sued in the name of the district in all
courts and tribunals of competent jurisdiction.
6073. It may adopt a seal.
6074. It 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,
necessary to the full or convenient exercise of its power.
6075. Notwithstanding Section 6012:
(a) 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.
(b) Notwithstanding subdivision (a), a harbor district that does
not operate on tide and submerged lands that have been granted by
legislative enactment may acquire, construct, own, operate, control,
or develop any and all harbor works or facilities within or outside
the boundaries of the district. 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, county, or recreational harbor district
without the prior consent to the acquisition by resolution of the
governing body of the district, port, city, or county in which the
lands are located.
6076. It may exercise the right of eminent domain to take any
property necessary or convenient to the exercise of its powers.
6077. It may borrow money and incur indebtedness and issue bonds or
other evidence of indebtedness. All bond elections called by the
board shall be conducted and held pursuant to Article 1 (commencing
with Section 43600) of Chapter 4 of Division 4, Title 4 of the
Government Code.
When in that article, the word "city" is used it includes the
district and whenever the words "legislative body" are used they mean
the board.
The purposes for which bonded indebtedness may be incurred by the
district are described in Section 6075.
All bonds issued shall be signed by the board and a district shall
not incur a bonded indebtedness which in the aggregate exceeds 15
percent of the assessed value of all the real and personal property
in the district.
6077.1. 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 said
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. Said bonds may be purchased only
after the publication at least twice in a newspaper of general
circulation in the district of a notice inviting sealed proposals for
the sale of bonds to the district. The notice shall state the time
and place when the proposals will be opened and the amount of money
available for the purchase of the bonds. The legislative body may
reject any or all proposals and if it rejects all thereof, may within
a period of thirty days thereafter purchase for cash any outstanding
bonds of the district but in that event the purchase price shall not
be more than the lowest purchase price at which bonds were tendered
to the district in the public bidding.
Any bonds purchased under the authority of this section shall be
canceled immediately.
6077.2. It 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.
6077.3. It may perform the functions of warehousemen, stevedores,
lighterers, reconditioners, shippers and reshippers of properties of
all kinds.
6077.4. It may 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, within other States or in foreign countries, through such
employees or agencies as are expedient.
6077.5. A harbor district may 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.
6077.5.5. Notwithstanding any other provision of this part, the
Oxnard Harbor District may 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.
6077.6. A harbor district may by resolution order that all or any
of the funds under its control and not necessary for current
operating expenses be invested in accordance with Section 53601 of
the Government Code.
6078. The board may do all other acts necessary and convenient for
the full exercise of its powers.
6079. The board shall by ordinance 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.
6081. By resolution, the board may provide for the creation and
accumulation of a fund for capital outlays.
6082. At any time after the creation of the fund, the board may
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.
6083. The capital outlay fund shall remain inviolate for the making
of any capital outlays and the money shall not be disbursed from the
fund except for such a 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. The
proposition may be submitted at any election. A two-thirds vote of
all the voters voting at the election is necessary to authorize the
expenditure of the money for such other purpose.
6084. (a) Notwithstanding any other provision of this part, the
board may 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 one million dollars ($1,000,000), for the purposes of
acquiring land for and constructing or operating any work, project,
or facility authorized by subdivision (d) of Section 6012 or Section
6075 or for the making of improvements or the purchase of equipment
or for the maintenance thereof.
All moneys borrowed pursuant to this section shall not be borrowed
for a term exceeding five years, and the indebtednesses shall not
incur a rate of interest in excess of 12 percent per annum. The
indebtedness shall be authorized by a resolution of the board of
commissioners adopted by a two-thirds vote of the members of the
board.
As a condition precedent to the borrowing of any money or the
execution of any conditional sales contract, as provided in this
section, in excess of one hundred thousand dollars ($100,000), the
board shall first by a two-thirds vote approve by resolution and have
on file a report on the engineering and economic feasibility
relating to the project contemplated for the expenditure of the
borrowed money or conditional sales contract. The feasibility report
shall be prepared and signed by an engineer or engineers licensed and
registered under the laws of the State of California.
The district shall budget, levy, and collect taxes and pay for all
indebtedness without limitation by any other provision of this part.
(b) Subdivision (a) does not apply to any money borrowed from any
agency or department of the United States government or of the State
of California.
6084.2. (a) A district may 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 following:
(1) That the resolution is being adopted pursuant to this
subdivision.
(2) The purposes of incurring the indebtedness.
(3) The estimated amount of the indebtedness.
(4) The maximum amount of notes to be issued, and the source of
revenue or revenues to be used to secure the limited obligation
notes.
(5) The maturity date of the limited obligation notes.
(6) The form of the limited obligation notes.
(7) The manner of execution of the limited obligation notes.
(b) The resolution may also provide for one or more of the
following matters:
(1) Insurance for the limited obligation notes.
(2) Procedures in the event of default, terms upon which the
limited obligation notes may be declared due before maturity, and the
terms upon which that declaration may be waived.
(3) The rights, liabilities, powers, and duties arising upon the
district's breach of an agreement with regard to the limited
obligation notes.
(4) The terms upon which the holders of the limited obligation
notes may enforce agreements authorized by this section.
(5) A procedure for amending or abrogating the terms of the
resolution with the consent of the holders of a specified percentage
of the limited obligation notes. If the resolution contains this
procedure, the resolution shall specifically state the effect of
amendment upon the rights of the holders of all of the limited
obligation notes.
(6) The manner in which the holders of the limited obligation
notes may take action.
(7) Other actions necessary or desirable to secure the limited
obligation notes or tending to make the notes more marketable.
(c) The limited obligation notes shall bear interest at a rate not
exceeding the rate permitted under Article 7 (commencing with
Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code.
(d) 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 ten million dollars
($10,000,000).
(e) The agreement between the district and the purchasers of the
limited obligation notes shall state that the notes are limited
obligation notes payable solely from specified revenue of the
district. The pledged revenue shall be sufficient to pay the
following amounts annually, as they become due and payable:
(1) The interest and principal on the notes.
(2) Payments required for compliance with the resolution
authorizing issuance of the notes or agreements with the purchasers
of the notes.
(3) Payments to meet any other obligations of the district that
are charges, liens, or encumbrances on the pledged revenue.
(f) The limited obligation notes are special obligations of the
district, and shall be a charge against, and secured by a lien upon,
and payable, as to the principal thereof and interest thereon, from
the pledged revenue. If the revenue described in the authorizing
resolution is insufficient for the payment of interest and principal
on the notes, the district may make payments from any other funds or
revenues that may be applied to their payment. The revenue and any
interest earned on the revenue constitute a trust fund for the
security and payment of the interest on and principal of the notes.
(g) So long as any limited obligation notes or interest thereon
are unpaid following their maturity, the pledged revenue and interest
thereon may not be used for any other new purpose.
(h) If the interest and principal on the limited obligation notes
and all charges to protect them are paid when due, the district may
expend the pledged revenue for other purposes.
(i) Limited obligation notes of the same issue shall be equally
secured.
(j) The general fund of the district is not liable for the payment
of the principal or the interest on the limited obligation notes.
(k) The holders of the limited obligation notes may not compel the
exercise of the taxing power by the district, other than the revenue
pledged, or the forfeiture of the district's property.
(l) Every agreement shall recite in substance that the principal
of, and interest on, the limited obligation notes are payable solely
from the revenue pledged to the payment of the principal and interest
and that the district is not obligated to pay the principal or
interest except from the pledged revenue.
6085. Notwithstanding any other provision in this part, the
Crescent City Harbor District may borrow money and incur indebtedness
under Section 6077 or under Section 6084 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
for any other buildings, plants, equipment, aids, facilities and
improvements necessary for or incident to the accommodation and
promotion of commerce and fishery in the harbor district.
6086. Notwithstanding any other provision of this part, the Port
San Luis Harbor District may operate, itself only and not pursuant to
a lease agreement with a third party, the portion of its property
known as the Port San Luis Trailer Park as a mobilehome park, as
defined in Section 798.4 of the Civil Code, until the current
occupants of the mobilehome park cease to occupy the park. When any
current occupant ceases to occupy his or her mobilehome, the real
property on which that occupant's mobilehome is located shall cease
to be used as a location for a mobilehome residence. No current
occupant of the park shall acquire, or be entitled to acquire,
through occupancy or any other means, a transferable or assumable
interest in occupancy in the park.
As used in this section, "current occupant" means any individual
occupying a mobilehome as a residence in the Port San Luis Trailer
Park on the effective date of this section.
Nothing in this section shall be construed to affect a current
occupant's right to file a claim against a local public agency as
provided in Section 905 of the Government Code.
Nothing in this section shall be construed to allow the use of
tide or submerged lands belonging to the Port San Luis Harbor
District in any manner inconsistent with the California Constitution
or with the public trust.
6070. Except as otherwise provided in Section 660, the board may
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.
6070.2. Before any ordinance may be adopted, the violation of which
shall be a misdemeanor, a notice shall 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, or a part thereof, is located, stating
generally the nature of the ordinance proposed, stating where and
when a copy thereof may be inspected, and specifying the date, not
less than 20 days from the date of publication of such notice, on
which the board will meet for the purpose of adopting the ordinance.
The ordinance shall become effective immediately upon adoption by the
board, unless another effective date is set forth by the board.
6070.4. Every person who violates any of the provisions of a
district ordinance adopted pursuant to Sections 6070 and 6070.2 is
guilty of a misdemeanor.
6070.6. The district's manager, harbormaster or wharfinger, or any
duly authorized representative of one of these persons, shall have
the power to issue citations for violation of district ordinances in
the manner provided by Chapter 5c (commencing with Section 853.6) of
Title 3, Part 2 of the Penal Code.
6071. It may employ engineers, attorneys and any other officers and
employees necessary in the work of the district. It shall appoint a
treasurer, who shall hold office at the pleasure of the board, and
whose duty it shall be to receive and safely keep all moneys of the
district. He shall comply with all provisions of law governing the
deposit and securing of public funds. He shall pay out moneys only on
warrants duly authorized by the board and not otherwise; provided,
however, that no warrants need be issued for the payment of principal
and interest on bonds of the district. He shall at regular
intervals, at least once each month, submit to the secretary of the
district a written report and accounting of all receipts and
disbursements and fund balances, a copy of which report he shall file
with the board.
The treasurer may appoint a deputy or deputies for whose acts he
and his bondsman shall be responsible. Such deputy or deputies shall
hold office subject to the pleasure of the treasurer and shall
receive such compensation as may be provided by the board. Said
treasurer shall execute a bond covering the faithful performance by
him of the duties of his office and his duties with respect to all
moneys coming into his hands as treasurer in such amount as shall be
fixed by resolution of said board. The surety bond herein required
shall be executed only by a surety company authorized to do business
in the State of California and the premium therefor shall be paid by
the district out of its general fund. Said bond shall be approved by
the board and filed with the secretary of the district. Said
treasurer before entering upon the duties of his office shall take
and file with the secretary of the district the oath of office
required by the Constitution of this State.
6072. It may sue and be sued in the name of the district in all
courts and tribunals of competent jurisdiction.
6073. It may adopt a seal.
6074. It 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,
necessary to the full or convenient exercise of its power.
6075. Notwithstanding Section 6012:
(a) 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.
(b) Notwithstanding subdivision (a), a harbor district that does
not operate on tide and submerged lands that have been granted by
legislative enactment may acquire, construct, own, operate, control,
or develop any and all harbor works or facilities within or outside
the boundaries of the district. 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, county, or recreational harbor district
without the prior consent to the acquisition by resolution of the
governing body of the district, port, city, or county in which the
lands are located.
6076. It may exercise the right of eminent domain to take any
property necessary or convenient to the exercise of its powers.
6077. It may borrow money and incur indebtedness and issue bonds or
other evidence of indebtedness. All bond elections called by the
board shall be conducted and held pursuant to Article 1 (commencing
with Section 43600) of Chapter 4 of Division 4, Title 4 of the
Government Code.
When in that article, the word "city" is used it includes the
district and whenever the words "legislative body" are used they mean
the board.
The purposes for which bonded indebtedness may be incurred by the
district are described in Section 6075.
All bonds issued shall be signed by the board and a district shall
not incur a bonded indebtedness which in the aggregate exceeds 15
percent of the assessed value of all the real and personal property
in the district.
6077.1. 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 said
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. Said bonds may be purchased only
after the publication at least twice in a newspaper of general
circulation in the district of a notice inviting sealed proposals for
the sale of bonds to the district. The notice shall state the time
and place when the proposals will be opened and the amount of money
available for the purchase of the bonds. The legislative body may
reject any or all proposals and if it rejects all thereof, may within
a period of thirty days thereafter purchase for cash any outstanding
bonds of the district but in that event the purchase price shall not
be more than the lowest purchase price at which bonds were tendered
to the district in the public bidding.
Any bonds purchased under the authority of this section shall be
canceled immediately.
6077.2. It 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.
6077.3. It may perform the functions of warehousemen, stevedores,
lighterers, reconditioners, shippers and reshippers of properties of
all kinds.
6077.4. It may 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, within other States or in foreign countries, through such
employees or agencies as are expedient.
6077.5. A harbor district may 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.
6077.5.5. Notwithstanding any other provision of this part, the
Oxnard Harbor District may 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.
6077.6. A harbor district may by resolution order that all or any
of the funds under its control and not necessary for current
operating expenses be invested in accordance with Section 53601 of
the Government Code.
6078. The board may do all other acts necessary and convenient for
the full exercise of its powers.
6079. The board shall by ordinance 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.
6081. By resolution, the board may provide for the creation and
accumulation of a fund for capital outlays.
6082. At any time after the creation of the fund, the board may
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.
6083. The capital outlay fund shall remain inviolate for the making
of any capital outlays and the money shall not be disbursed from the
fund except for such a 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. The
proposition may be submitted at any election. A two-thirds vote of
all the voters voting at the election is necessary to authorize the
expenditure of the money for such other purpose.
6084. (a) Notwithstanding any other provision of this part, the
board may 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 one million dollars ($1,000,000), for the purposes of
acquiring land for and constructing or operating any work, project,
or facility authorized by subdivision (d) of Section 6012 or Section
6075 or for the making of improvements or the purchase of equipment
or for the maintenance thereof.
All moneys borrowed pursuant to this section shall not be borrowed
for a term exceeding five years, and the indebtednesses shall not
incur a rate of interest in excess of 12 percent per annum. The
indebtedness shall be authorized by a resolution of the board of
commissioners adopted by a two-thirds vote of the members of the
board.
As a condition precedent to the borrowing of any money or the
execution of any conditional sales contract, as provided in this
section, in excess of one hundred thousand dollars ($100,000), the
board shall first by a two-thirds vote approve by resolution and have
on file a report on the engineering and economic feasibility
relating to the project contemplated for the expenditure of the
borrowed money or conditional sales contract. The feasibility report
shall be prepared and signed by an engineer or engineers licensed and
registered under the laws of the State of California.
The district shall budget, levy, and collect taxes and pay for all
indebtedness without limitation by any other provision of this part.
(b) Subdivision (a) does not apply to any money borrowed from any
agency or department of the United States government or of the State
of California.
6084.2. (a) A district may 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 following:
(1) That the resolution is being adopted pursuant to this
subdivision.
(2) The purposes of incurring the indebtedness.
(3) The estimated amount of the indebtedness.
(4) The maximum amount of notes to be issued, and the source of
revenue or revenues to be used to secure the limited obligation
notes.
(5) The maturity date of the limited obligation notes.
(6) The form of the limited obligation notes.
(7) The manner of execution of the limited obligation notes.
(b) The resolution may also provide for one or more of the
following matters:
(1) Insurance for the limited obligation notes.
(2) Procedures in the event of default, terms upon which the
limited obligation notes may be declared due before maturity, and the
terms upon which that declaration may be waived.
(3) The rights, liabilities, powers, and duties arising upon the
district's breach of an agreement with regard to the limited
obligation notes.
(4) The terms upon which the holders of the limited obligation
notes may enforce agreements authorized by this section.
(5) A procedure for amending or abrogating the terms of the
resolution with the consent of the holders of a specified percentage
of the limited obligation notes. If the resolution contains this
procedure, the resolution shall specifically state the effect of
amendment upon the rights of the holders of all of the limited
obligation notes.
(6) The manner in which the holders of the limited obligation
notes may take action.
(7) Other actions necessary or desirable to secure the limited
obligation notes or tending to make the notes more marketable.
(c) The limited obligation notes shall bear interest at a rate not
exceeding the rate permitted under Article 7 (commencing with
Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code.
(d) 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 ten million dollars
($10,000,000).
(e) The agreement between the district and the purchasers of the
limited obligation notes shall state that the notes are limited
obligation notes payable solely from specified revenue of the
district. The pledged revenue shall be sufficient to pay the
following amounts annually, as they become due and payable:
(1) The interest and principal on the notes.
(2) Payments required for compliance with the resolution
authorizing issuance of the notes or agreements with the purchasers
of the notes.
(3) Payments to meet any other obligations of the district that
are charges, liens, or encumbrances on the pledged revenue.
(f) The limited obligation notes are special obligations of the
district, and shall be a charge against, and secured by a lien upon,
and payable, as to the principal thereof and interest thereon, from
the pledged revenue. If the revenue described in the authorizing
resolution is insufficient for the payment of interest and principal
on the notes, the district may make payments from any other funds or
revenues that may be applied to their payment. The revenue and any
interest earned on the revenue constitute a trust fund for the
security and payment of the interest on and principal of the notes.
(g) So long as any limited obligation notes or interest thereon
are unpaid following their maturity, the pledged revenue and interest
thereon may not be used for any other new purpose.
(h) If the interest and principal on the limited obligation notes
and all charges to protect them are paid when due, the district may
expend the pledged revenue for other purposes.
(i) Limited obligation notes of the same issue shall be equally
secured.
(j) The general fund of the district is not liable for the payment
of the principal or the interest on the limited obligation notes.
(k) The holders of the limited obligation notes may not compel the
exercise of the taxing power by the district, other than the revenue
pledged, or the forfeiture of the district's property.
(l) Every agreement shall recite in substance that the principal
of, and interest on, the limited obligation notes are payable solely
from the revenue pledged to the payment of the principal and interest
and that the district is not obligated to pay the principal or
interest except from the pledged revenue.
6085. Notwithstanding any other provision in this part, the
Crescent City Harbor District may borrow money and incur indebtedness
under Section 6077 or under Section 6084 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
for any other buildings, plants, equipment, aids, facilities and
improvements necessary for or incident to the accommodation and
promotion of commerce and fishery in the harbor district.
6086. Notwithstanding any other provision of this part, the Port
San Luis Harbor District may operate, itself only and not pursuant to
a lease agreement with a third party, the portion of its property
known as the Port San Luis Trailer Park as a mobilehome park, as
defined in Section 798.4 of the Civil Code, until the current
occupants of the mobilehome park cease to occupy the park. When any
current occupant ceases to occupy his or her mobilehome, the real
property on which that occupant's mobilehome is located shall cease
to be used as a location for a mobilehome residence. No current
occupant of the park shall acquire, or be entitled to acquire,
through occupancy or any other means, a transferable or assumable
interest in occupancy in the park.
As used in this section, "current occupant" means any individual
occupying a mobilehome as a residence in the Port San Luis Trailer
Park on the effective date of this section.
Nothing in this section shall be construed to affect a current
occupant's right to file a claim against a local public agency as
provided in Section 905 of the Government Code.
Nothing in this section shall be construed to allow the use of
tide or submerged lands belonging to the Port San Luis Harbor
District in any manner inconsistent with the California Constitution
or with the public trust.
6070. Except as otherwise provided in Section 660, the board may
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.
6070.2. Before any ordinance may be adopted, the violation of which
shall be a misdemeanor, a notice shall 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, or a part thereof, is located, stating
generally the nature of the ordinance proposed, stating where and
when a copy thereof may be inspected, and specifying the date, not
less than 20 days from the date of publication of such notice, on
which the board will meet for the purpose of adopting the ordinance.
The ordinance shall become effective immediately upon adoption by the
board, unless another effective date is set forth by the board.
6070.4. Every person who violates any of the provisions of a
district ordinance adopted pursuant to Sections 6070 and 6070.2 is
guilty of a misdemeanor.
6070.6. The district's manager, harbormaster or wharfinger, or any
duly authorized representative of one of these persons, shall have
the power to issue citations for violation of district ordinances in
the manner provided by Chapter 5c (commencing with Section 853.6) of
Title 3, Part 2 of the Penal Code.
6071. It may employ engineers, attorneys and any other officers and
employees necessary in the work of the district. It shall appoint a
treasurer, who shall hold office at the pleasure of the board, and
whose duty it shall be to receive and safely keep all moneys of the
district. He shall comply with all provisions of law governing the
deposit and securing of public funds. He shall pay out moneys only on
warrants duly authorized by the board and not otherwise; provided,
however, that no warrants need be issued for the payment of principal
and interest on bonds of the district. He shall at regular
intervals, at least once each month, submit to the secretary of the
district a written report and accounting of all receipts and
disbursements and fund balances, a copy of which report he shall file
with the board.
The treasurer may appoint a deputy or deputies for whose acts he
and his bondsman shall be responsible. Such deputy or deputies shall
hold office subject to the pleasure of the treasurer and shall
receive such compensation as may be provided by the board. Said
treasurer shall execute a bond covering the faithful performance by
him of the duties of his office and his duties with respect to all
moneys coming into his hands as treasurer in such amount as shall be
fixed by resolution of said board. The surety bond herein required
shall be executed only by a surety company authorized to do business
in the State of California and the premium therefor shall be paid by
the district out of its general fund. Said bond shall be approved by
the board and filed with the secretary of the district. Said
treasurer before entering upon the duties of his office shall take
and file with the secretary of the district the oath of office
required by the Constitution of this State.
6072. It may sue and be sued in the name of the district in all
courts and tribunals of competent jurisdiction.
6073. It may adopt a seal.
6074. It 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,
necessary to the full or convenient exercise of its power.
6075. Notwithstanding Section 6012:
(a) 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.
(b) Notwithstanding subdivision (a), a harbor district that does
not operate on tide and submerged lands that have been granted by
legislative enactment may acquire, construct, own, operate, control,
or develop any and all harbor works or facilities within or outside
the boundaries of the district. 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, county, or recreational harbor district
without the prior consent to the acquisition by resolution of the
governing body of the district, port, city, or county in which the
lands are located.
6076. It may exercise the right of eminent domain to take any
property necessary or convenient to the exercise of its powers.
6077. It may borrow money and incur indebtedness and issue bonds or
other evidence of indebtedness. All bond elections called by the
board shall be conducted and held pursuant to Article 1 (commencing
with Section 43600) of Chapter 4 of Division 4, Title 4 of the
Government Code.
When in that article, the word "city" is used it includes the
district and whenever the words "legislative body" are used they mean
the board.
The purposes for which bonded indebtedness may be incurred by the
district are described in Section 6075.
All bonds issued shall be signed by the board and a district shall
not incur a bonded indebtedness which in the aggregate exceeds 15
percent of the assessed value of all the real and personal property
in the district.
6077.1. 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 said
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. Said bonds may be purchased only
after the publication at least twice in a newspaper of general
circulation in the district of a notice inviting sealed proposals for
the sale of bonds to the district. The notice shall state the time
and place when the proposals will be opened and the amount of money
available for the purchase of the bonds. The legislative body may
reject any or all proposals and if it rejects all thereof, may within
a period of thirty days thereafter purchase for cash any outstanding
bonds of the district but in that event the purchase price shall not
be more than the lowest purchase price at which bonds were tendered
to the district in the public bidding.
Any bonds purchased under the authority of this section shall be
canceled immediately.
6077.2. It 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.
6077.3. It may perform the functions of warehousemen, stevedores,
lighterers, reconditioners, shippers and reshippers of properties of
all kinds.
6077.4. It may 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, within other States or in foreign countries, through such
employees or agencies as are expedient.
6077.5. A harbor district may 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.
6077.5.5. Notwithstanding any other provision of this part, the
Oxnard Harbor District may 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.
6077.6. A harbor district may by resolution order that all or any
of the funds under its control and not necessary for current
operating expenses be invested in accordance with Section 53601 of
the Government Code.
6078. The board may do all other acts necessary and convenient for
the full exercise of its powers.
6079. The board shall by ordinance 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.
6081. By resolution, the board may provide for the creation and
accumulation of a fund for capital outlays.
6082. At any time after the creation of the fund, the board may
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.
6083. The capital outlay fund shall remain inviolate for the making
of any capital outlays and the money shall not be disbursed from the
fund except for such a 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. The
proposition may be submitted at any election. A two-thirds vote of
all the voters voting at the election is necessary to authorize the
expenditure of the money for such other purpose.
6084. (a) Notwithstanding any other provision of this part, the
board may 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 one million dollars ($1,000,000), for the purposes of
acquiring land for and constructing or operating any work, project,
or facility authorized by subdivision (d) of Section 6012 or Section
6075 or for the making of improvements or the purchase of equipment
or for the maintenance thereof.
All moneys borrowed pursuant to this section shall not be borrowed
for a term exceeding five years, and the indebtednesses shall not
incur a rate of interest in excess of 12 percent per annum. The
indebtedness shall be authorized by a resolution of the board of
commissioners adopted by a two-thirds vote of the members of the
board.
As a condition precedent to the borrowing of any money or the
execution of any conditional sales contract, as provided in this
section, in excess of one hundred thousand dollars ($100,000), the
board shall first by a two-thirds vote approve by resolution and have
on file a report on the engineering and economic feasibility
relating to the project contemplated for the expenditure of the
borrowed money or conditional sales contract. The feasibility report
shall be prepared and signed by an engineer or engineers licensed and
registered under the laws of the State of California.
The district shall budget, levy, and collect taxes and pay for all
indebtedness without limitation by any other provision of this part.
(b) Subdivision (a) does not apply to any money borrowed from any
agency or department of the United States government or of the State
of California.
6084.2. (a) A district may 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 following:
(1) That the resolution is being adopted pursuant to this
subdivision.
(2) The purposes of incurring the indebtedness.
(3) The estimated amount of the indebtedness.
(4) The maximum amount of notes to be issued, and the source of
revenue or revenues to be used to secure the limited obligation
notes.
(5) The maturity date of the limited obligation notes.
(6) The form of the limited obligation notes.
(7) The manner of execution of the limited obligation notes.
(b) The resolution may also provide for one or more of the
following matters:
(1) Insurance for the limited obligation notes.
(2) Procedures in the event of default, terms upon which the
limited obligation notes may be declared due before maturity, and the
terms upon which that declaration may be waived.
(3) The rights, liabilities, powers, and duties arising upon the
district's breach of an agreement with regard to the limited
obligation notes.
(4) The terms upon which the holders of the limited obligation
notes may enforce agreements authorized by this section.
(5) A procedure for amending or abrogating the terms of the
resolution with the consent of the holders of a specified percentage
of the limited obligation notes. If the resolution contains this
procedure, the resolution shall specifically state the effect of
amendment upon the rights of the holders of all of the limited
obligation notes.
(6) The manner in which the holders of the limited obligation
notes may take action.
(7) Other actions necessary or desirable to secure the limited
obligation notes or tending to make the notes more marketable.
(c) The limited obligation notes shall bear interest at a rate not
exceeding the rate permitted under Article 7 (commencing with
Section 53530) of Chapter 3 of Part 1 of Division 2 of Title 5 of the
Government Code.
(d) 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 ten million dollars
($10,000,000).
(e) The agreement between the district and the purchasers of the
limited obligation notes shall state that the notes are limited
obligation notes payable solely from specified revenue of the
district. The pledged revenue shall be sufficient to pay the
following amounts annually, as they become due and payable:
(1) The interest and principal on the notes.
(2) Payments required for compliance with the resolution
authorizing issuance of the notes or agreements with the purchasers
of the notes.
(3) Payments to meet any other obligations of the district that
are charges, liens, or encumbrances on the pledged revenue.
(f) The limited obligation notes are special obligations of the
district, and shall be a charge against, and secured by a lien upon,
and payable, as to the principal thereof and interest thereon, from
the pledged revenue. If the revenue described in the authorizing
resolution is insufficient for the payment of interest and principal
on the notes, the district may make payments from any other funds or
revenues that may be applied to their payment. The revenue and any
interest earned on the revenue constitute a trust fund for the
security and payment of the interest on and principal of the notes.
(g) So long as any limited obligation notes or interest thereon
are unpaid following their maturity, the pledged revenue and interest
thereon may not be used for any other new purpose.
(h) If the interest and principal on the limited obligation notes
and all charges to protect them are paid when due, the district may
expend the pledged revenue for other purposes.
(i) Limited obligation notes of the same issue shall be equally
secured.
(j) The general fund of the district is not liable for the payment
of the principal or the interest on the limited obligation notes.
(k) The holders of the limited obligation notes may not compel the
exercise of the taxing power by the district, other than the revenue
pledged, or the forfeiture of the district's property.
(l) Every agreement shall recite in substance that the principal
of, and interest on, the limited obligation notes are payable solely
from the revenue pledged to the payment of the principal and interest
and that the district is not obligated to pay the principal or
interest except from the pledged revenue.
6085. Notwithstanding any other provision in this part, the
Crescent City Harbor District may borrow money and incur indebtedness
under Section 6077 or under Section 6084 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
for any other buildings, plants, equipment, aids, facilities and
improvements necessary for or incident to the accommodation and
promotion of commerce and fishery in the harbor district.
6086. Notwithstanding any other provision of this part, the Port
San Luis Harbor District may operate, itself only and not pursuant to
a lease agreement with a third party, the portion of its property
known as the Port San Luis Trailer Park as a mobilehome park, as
defined in Section 798.4 of the Civil Code, until the current
occupants of the mobilehome park cease to occupy the park. When any
current occupant ceases to occupy his or her mobilehome, the real
property on which that occupant's mobilehome is located shall cease
to be used as a location for a mobilehome residence. No current
occupant of the park shall acquire, or be entitled to acquire,
through occupancy or any other means, a transferable or assumable
interest in occupancy in the park.
As used in this section, "current occupant" means any individual
occupying a mobilehome as a residence in the Port San Luis Trailer
Park on the effective date of this section.
Nothing in this section shall be construed to affect a current
occupant's right to file a claim against a local public agency as
provided in Section 905 of the Government Code.
Nothing in this section shall be construed to allow the use of
tide or submerged lands belonging to the Port San Luis Harbor
District in any manner inconsistent with the California Constitution
or with the public trust.
