5859-5874
HARBORS AND NAVIGATION CODE
SECTION 5859-5874
5859. The board of supervisors shall 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.
5860. The board shall 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.
5861. This resolution of the board of supervisors shall:
(a) Fix the date of the election which shall be not less than 130
days after the date of the passage of the resolution.
(b) Designate one or more voting precincts and generally describe
the boundaries of each precinct.
(c) Designate a place within each precinct at which the polls will
be opened for the purpose of the election on the date of the
election.
(d) Appoint a board of election for each precinct, consisting of
one inspector, one judge, and one clerk, each of whom shall be a
registered elector of, and reside within, the precinct for which he
or she is appointed.
(e) State the object and purposes for which the indebtedness is
proposed to be incurred and the amount of the principal of the
indebtedness.
(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 for
or against the incurring of the indebtedness and for or against the
formation of the district, and in all particulars not recited in the
resolution or as otherwise provided for in this part, the election
shall be held in accordance with the general election law of the
state, so far as it is applicable, but it is not necessary to mail or
send out sample ballots or precinct polling cards.
5863. The resolution shall 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.
5864. The ballot to be used at the election shall be substantially
in the following form:
HARBOR DISTRICT
OFFICIAL BALLOT
Instructions to voters: To vote in favor of the formation of the
harbor district and the incurring of the indebtedness thereby, mark
in the voting area at the right of the words "For the harbor
district."
To vote against the formation of the harbor district and the
incurring of the indebtedness thereby, mark in the voting area at the
right of the words "Against the harbor district."
All erasures and distinguishing marks are forbidden and make the
ballot 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 of
the purposes for which the indebtedness is to be incurred, and the
amount of the indebtedness).
"Against the harbor district" (here set forth a general statement
of the purposes for which the indebtedness is to be incurred and the
amount of the indebtedness).
5865. The resolution calling the election shall be published
pursuant to Section 6061 of the Government Code.
The passage of the resolution and its publication constitute the
notice of election and no other notice need be given.
5866. On the day of the election the polls at each of the polling
places designated by the board of supervisors shall be opened at the
hour of seven o'clock a.m. and shall be kept opened until the hour of
eight 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 who
has not had an opportunity to vote and desires to vote shall be
permitted to vote after the hour of eight o'clock p.m. of the day of
election.
5867. When the polls are closed, the board of election in each
precinct shall 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.
5868. The board of supervisors at its first regular meeting after
the date of the election shall canvass the returns of the election,
and shall have entered upon the minutes of the meeting a finding
showing the number of votes cast in each precinct for the district
and the incurring of the indebtedness, and the number of votes cast
against the district and the incurring of the indebtedness, and the
total number of votes cast in all the precincts for and against the
harbor district and the incurring of the indebtedness.
5869. 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 shall enter
that fact upon its minutes, and no further proceedings shall be taken
under the petition, but a new petition and notice may be signed,
published, and filed and a new proceeding had after the expiration of
one year from the date of the election.
5870. 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 shall have that
fact entered upon the minutes, together with a description of the
boundaries of the district, its name, and the official name or names
by which the district is commonly known, and enter an order declaring
the district duly formed, and existing in the county in which the
proceedings were had, and that an indebtedness of the district is
authorized in the principal sum specified, to pay the cost of making
the improvement or development, as set forth in the resolution.
5871. The clerk of the board of supervisors shall thereupon
immediately make up and certify a copy of these minutes and order and
transmit them to the Secretary of State.
5872. The Secretary of State shall file the certificate in his or
her office, and within five days thereafter shall 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.
5873. The clerk of the board of supervisors shall 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.
5874. An action or proceeding shall not be maintained or prosecuted
in any court whatever 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.