7030-7037

HARBORS AND NAVIGATION CODE
SECTION 7030-7037




7030.  After adoption of the resolution provided for in Section 7024
the board of supervisors shall call and give notice of an election
to be held in the proposed district for the purpose of determining
whether or not it shall be formed and for the election of five
persons who shall serve as the first directors of the district if the
district is formed.



7031.  The resolution calling the election shall contain:
   (a) The date of the election.
   (b) The name of the proposed district.
   (c) The official name by which the harbor will be known.
   (d) A description of the exterior boundaries of the proposed
district.
   (e) The hours that the polls will be open, the election precincts,
the polling place or places and the election board or boards
appointed to conduct the election.
   (f) The statement of the proposition to be voted upon.




7032.  The election shall be called and conducted and candidates
nominated in the manner provided for general district elections,
except that the board of supervisors shall establish election
precincts, designate the polling place or places, appoint the
election board or boards and canvass the returns.



7033.  The resolution calling the election shall be published
pursuant to Section 6066 of the Government Code in a newspaper of
general circulation in the county in which the proposed district is
located, the first publication to be at least 30 days prior to the
date of election.



7033.1.  Within five days after the district formation election has
been called, the legislative body which has called the election shall
transmit, by registered mail, a written notification of the election
call to the executive officer of the local agency formation
commission of the county or principal county in which the territory
or major portion of the territory of the proposed district is
located. Such written notice shall include the name and a description
of the proposed district, and may be in the form of a certified copy
of the resolution adopted by the legislative body calling the
district formation election.
   The executive officer, within five days after being notified that
a district formation election has been called, shall submit to the
commission, for its approval or modification, an impartial analysis
of the proposed district formation.
   The impartial analysis shall not exceed 500 words in length and
shall include a specific description of the boundaries of the
district proposed to be formed.
   The local agency formation commission, within five days after the
receipt of the executive officer's analysis, shall approve or modify
the analysis and submit it to the officials in charge of conducting
the district formation election.


7033.2.  The board of supervisors or any member or members of the
board authorized by the board, or any individual voter or bona fide
association of citizens entitled to vote on the district formation
proposition, or any combination of such voters and associations of
citizens, may file a written argument for or a written argument
against the proposed district formation.
   Arguments shall not exceed 300 words in length and shall be filed
with the officials in charge of conducting the election not less than
54 days prior to the date of the district formation election.




7033.3.  If more than one argument for or more than one argument
against the proposed district formation is filed with the election
officials within the time prescribed, such election officials shall
select one of the arguments for printing and distribution to the
voters.
   In selecting the arguments, the election officials shall give
preference and priority in the order named to the arguments of the
following:
   (a) The board of supervisors or any member or members of the board
authorized by the board.
   (b) Individual voters or bona fide associations of citizens or a
combination of such voters and associations.



7033.4.  The elections officials in charge of conducting the
election shall cause a ballot pamphlet concerning the district
formation proposition to be voted on to be printed and mailed to each
voter entitled to vote on the district formation question.
   The ballot pamphlet shall contain the following, in the order
prescribed:
   (a) The complete text of the proposition.
   (b) The impartial analysis of the proposition, prepared by the
local agency formation commission.
   (c) The argument for the proposed district formation.
   (d) The argument against the proposed district formation.
   The elections officials shall mail a ballot pamphlet to each voter
entitled to vote in the district formation election at least 10 days
prior to the date of the election. The ballot pamphlet is "official
matter" within the meaning of Section 13303 of the Elections Code.



7034.  The vote shall be canvassed by the board of supervisors not
more than 10 days after the election.



7035.  If less than a majority of the votes cast upon the
proposition are in favor of forming the district the board of
supervisors shall declare the proceedings terminated.




7036.  If a majority of the votes cast upon the proposition are in
favor of forming the district the board of supervisors shall by
resolution declare the district duly organized under this part. Said
resolution shall state:
   (a) The name of the district.
   (b) The official name by which the harbor will be known.
   (c) The exterior boundaries of the district.
   A certified copy of the resolution declaring the district formed
shall be filed with the Secretary of State. The organization of the
district shall then be complete.



7037.  No informality in any proceeding, including informality in
the conduct of the election not substantially affecting adversely the
legal rights of any person, shall invalidate the formation of the
district. Any proceedings wherein the validity of the formation of a
district is denied shall be commenced within six months from the date
of filing of the certified copy of the resolution declaring the
district formed with the Secretary of State; otherwise the formation
and legal existence of the district and all proceedings in respect
thereto shall be incontestable.