2007 California Harbors and Navigation Code Chapter 5. Acquisition, Improvement Or Maintenance Of Lands For Public Beaches

CA Codes (hnc:5940-5945)

5940.  Any harbor improvement district organized and existing
pursuant to this part may purchase, lease or obtain by gift lands for
public beaches located within the boundaries of the district and may
hold, improve or maintain such lands.  Any and all such acquisition,
improvement or maintenance as is authorized herein shall be
accomplished and carried out in accordance with the procedure and in
the manner hereinafter provided in this chapter, except that nothing
in this chapter shall affect state-owned tidelands and submerged
lands or the jurisdiction of the State Lands Commission over
tidelands and submerged lands.


5941.  The board of supervisors of any county in which a district is
situated may direct the harbor commission, appointed pursuant to
Section 5902, to prepare surveys for the acquisition, improvement or
maintenance of such lands as is herein authorized, prepare plans
therefor and estimates of cost thereof, and to report to the board of
supervisors thereon, with its recommendations covering the
necessity, advantages and benefits to be derived by the acquisition,
improvement or maintenance of such lands as public beaches.



5942.  Upon receiving the report and recommendation of the harbor
commission, the board shall fix a date for hearing on the report to
consider and determine the feasibility of the project or projects
submitted.  The hearing shall be held not more than 30 days nor less
than 20 days after the filing of the report, and the board shall
cause notice of the fact that the report has been filed and of the
date fixed for the hearing to be published by at least two
publications in a newspaper published within the district.



5943.  The hearing, investigation, determination and findings of the
board of supervisors shall be conducted and made in accordance with
the provisions of Sections 5835 to 5841, inclusive, of the Harbors
and Navigations Code which sections are incorporated herein to the
extent that they are not inconsistent with the provisions of this
chapter.



5944.  Upon final hearing, if the board finds that the lands
considered in the commission's report can be acquired, improved or
maintained as generally described in the report and recommendation of
the harbor commission at a cost not disproportionate to the benefits
to be derived from the proposed project, the board may order the
acquisition, improvement or maintenance of the lands considered in
the commission's report in accordance with the board's findings.



5945.  For the purpose of financing the acquisition, improvement or
maintenance of such lands as is authorized herein, the board may
issue bonds, borrow money, incur indebtedness and levy taxes, all in
the same manner and to the same extent as in the improvement,
development, protection or maintenance of the harbor for which the
district was originally formed, and shall in all other respects have
the same general powers and duties with respect to the acquisition,
improvement or maintenance of such lands as it has with respect to
the original harbor for which the district was formed.
   The board may issue no bonds hereunder unless the incurring of the
bonded indebtedness for the acquisition, improvement or maintenance
of such lands shall first have been approved at an election held in
the manner provided in Article 3, (commencing with Section 5859)
Chapter 1, Part 2, Division 8 of this code, and pursuant to the
provisions of that article with reference to the incurring of bonded
indebtedness.