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California Laws | Harbors and Navigation Code
PART 7. SMALL CRAFT HARBOR DISTRICTS
CHAPTER 2. FORMATION

Article 2. Hearing (7020-7025) (2864)(Text)

7020. At the time and place specified in the notice the board of supervisors shall hold the hearing, consider the petition and may continue the hearing from time to time. (2865)

7021. At the hearing the board of supervisors, without further notice, may change the exterior boundaries of the proposed district, as set forth in the petition, by excluding lands which would not be benefited by the proposed harbor development. (2866)

The board of supervisors may also change the exterior boundaries of the proposed district by adding to the district and including therein other lands which will be benefited by the proposed harbor development. Land may not be added to the proposed district unless notice is given by the board of supervisors of the proposed addition or additions to the district by publication of its intention to do so. The notice shall contain a description of the additional lands to be included in the proposed district, and it shall state the day, hour and place for the owners of land within the proposed addition to appear before the board of supervisors and state their objections, if any, to the inclusion. The notice shall be published as provided in 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 15 days before the day so fixed. (2867)

7022. If the territory included within the proposed district lies entirely within one city, the petition shall be filed with the city clerk and the clerk and the legislative body of the city shall conduct all the formation proceedings in the same manner as herein provided for the board of supervisors. (2868)

7023. Except for proceedings to which Section 7022 applies, no territory lying within a city may be included in a district formed pursuant to this part without the consent of the city given by its legislative body, and filed with the board of supervisors prior to the adoption by the board of supervisors of the resolution provided for in Section 7024. (2869)

7023.5. If, prior to the time fixed for the hearing, the owners of taxable real property in the proposed district having an assessed valuation of more than one-half of the assessed valuation of all taxable real property in the proposed district have filed with the clerk of the body conducting the hearing written protest or objection to the formation of the district, the body conducting the hearing shall so find and the proceeding shall be terminated and no further proceedings shall be had or taken pursuant to the petition. If the proceeding is so terminated by the filing of a written majority protest or objection, a new petition for the same or substantially the same district may not be filed until the expiration of two years from the date of the finding that such protest or objection has been filed. (2870)

7024. If, after concluding the hearing, the board of supervisors determines that the proposed harbor development will benefit the property within the proposed district, as originally proposed or as changed by the board of supervisors, and that the proceedings have been regularly had and taken it shall so find by resolution. The resolution shall also contain: (2871)

(a) The name of the proposed district, as determined by the board of supervisors. (2872)

(b) The official name by which the harbor will be known, as determined by the board of supervisors. (2873)

(c) A description of the exterior boundaries of the proposed district, as finally determined by the board of supervisors. (2874)

7025. A finding of the board of supervisors of the genuineness and sufficiency of the petition and that notice shall be conclusive against all persons. (2875)

Article 3. Election on Formation (7030-7037) (2876)(Text)

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. (2877)

7031. The resolution calling the election shall contain: (2878)

(a) The date of the election. (2879)

(b) The name of the proposed district. (2880)

(c) The official name by which the harbor will be known. (2881)

(d) A description of the exterior boundaries of the proposed district. (2882)

(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. (2883)

(f) The statement of the proposition to be voted upon. (2884)

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. (2885)

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. (2886)

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. (2887)

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. (2888)

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