Chapter 3. District Powers of California Harbors And Navigation Code >> Division 8. >> Part 6. >> Chapter 3.
Any district created pursuant to this part is a public
corporation created for municipal purposes.
It has perpetual succession.
It may take by grant, purchase, gift, devise or lease or
otherwise acquire and hold and enjoy and lease or dispose of, real
and personal property of every kind, within or without the district,
necessary to the full or convenient exercise of its powers. The board
may lease, mortgage, sell, or otherwise dispose of any real or
personal property, within or without the district, when in its
judgment it is for the best interests of the district so to do.
Notwithstanding the provisions of Section 6894, the board
of the Sacramento-Yolo Port District shall not do any of the
(a) Sell or dismantle the Deepwater Channel or the North Terminal
Property without the prior consent of the City of Sacramento, the
County of Sacramento, and the County of Yolo.
(b) Sell or lease for nonmaritime purposes, land in excess of 10
acres located north of Southport Parkway and west of Lake Washington,
unless, prior to executing a sale or lease, the board makes a
written finding, based on substantial evidence in the record, that
the proposed sale or lease is necessary to maintain the financial
viability of the port.
(a) Moneys in the Riverfront Enhancement Fund, created by
the Joint Port Governance Agreement dated January 15, 2006, shall be
expended exclusively on projects related to the Sacramento and
American Rivers, including tributaries and fluvial features,
encompassed within the Counties of Sacramento and Yolo. Projects may
include, but are not limited to, those of regional significance;
capital improvements on riverfronts; maintenance and operation of
riverfronts, waterways, and parkways; and conservation and
environmental studies and projects.
(b) In order to provide a disincentive for port closure to the
host jurisdiction, which would receive properties of the
Sacramento-Yolo Port District in event of its closure in accordance
with this code, if the Port of Sacramento is closed and liquidated on
or after January 15, 2016, and prior to January 15, 2026, the net
proceeds from the liquidation shall be distributed to the Riverfront
Enhancement Fund, less 10 percent for each year after January 15,
2016, that shall be distributed to the City of West Sacramento.
(c) Nothing in this section shall be construed to authorize or
prohibit the sale or lease of any property of the Port of Sacramento.
A district may acquire, purchase, takeover, construct,
maintain, operate, develop, and regulate wharves, docks, warehouses,
grain elevators, bunkering facilities, cold storage facilities, belt
railroads, floating plants, lighterage, lands, towage facilities, and
any and all other facilities, aids, or public personnel, incident
to, or necessary for, the operation and development of ports,
waterways, and the district.
It may exercise the right of eminent domain to take any
property necessary or convenient to carry out any of its purposes.
It may incur indebtedness and issue bonds or other evidence
of indebtedness for its purposes, and if any bonds issued for port
improvement purposes by any part of a district prior to its creation
are refunded, the refunding bonds are a lien only upon the lands upon
which the refunded bonds were a lien, at the time of the creation of
It may levy and collect or cause to be levied or collected
taxes as in this part provided.
It has exclusive jurisdiction over, and it may provide for
and supervise pilots and the pilotage of sea-going vessels from the
end of jurisdiction of existing pilot authorities to points lying
upon any navigable waterway project of the United States, entering
It may contribute money to the Federal or the State
government or to any county in which the district is located or to
any city within the district, for the purpose of defraying the whole
or a portion of the cost and expenses of work and improvement to be
performed, either within or without the territorial limits of the
district, by the Federal, State, county or city government, in
improving rivers, streams, or in doing other work, if such work will
improve navigation and commerce, in or to the navigable waters in the
A district may do any work or make any improvement within or
without the territorial limits of the district, if the doing of the
work or the making of the improvement will aid in the development or
the improvement of navigation or commerce to or within the district.
It may by resolution hold and save harmless the State of
California, the Reclamation Board of the State of California, and the
Sacramento and San Joaquin Drainage District, their officers, agents
or employees, from all claims, damages or liability due or incident
to the design, construction, operation, repair and maintenance of any
waterway project of the United States entering the district or other
improvement constructed by or for the district for which the
approval of the State Reclamation Board must be obtained, whether the
same be caused by negligence of the State or of the officers,
agents, employees of the State, or otherwise, and it may levy and
collect in the manner provided for the raising of funds under this
part such sums as may be required to fulfill any obligation incurred
A district may enact necessary police regulations providing
for control of any waterway project of the United States, entering
the district, and it may adopt rules and regulations concerning the
construction of wharves, docks, buildings, and improvements of all
A district may provide for the opening and laying out of
streets leading to the waterfront.
A district may regulate and control the construction,
maintenance, and operation, or use, of all wharves, warehouses,
structures, improvements, or appliances used in connection with or
for the accommodation and promotion of transportation or navigation
on any improvement project of the federal government applying to the
main waterway entering the district and also on other navigable
streams improved or unimproved which lie within the district, and
make and enforce necessary police and sanitary regulations in
It may fix, regulate, and collect the rates or charges for
the use of wharves, warehouses, vessels, railroads and other
facilities, structures and appliances owned, controlled or operated
by the district, in connection with or for the promotion and
accommodation of transportation or navigation and the rates or
charges for pilotage and towage.
It may lay out, plan and establish the general plan and
system of harbor and harbor district improvements and modify such
plan and prescribe the specifications for such improvements.
It may act as warehousemen, stevedores, lighterers,
reconditioners, shippers and reshippers of properties of all kinds.
It may manage the business of the district and promote the
maritime and commercial interests by proper advertisement of its
advantages, and by the solicitation of business, within or without
the district, within other States or in foreign vessels from the end
of jurisdiction of existing pilot authorities to points lying upon
any navigable waterway project of the United States, entering the
Upon a four-fifths vote of all the members of the board, it
may issue negotiable promissory notes bearing interest at a rate of
not exceeding 7 percent per annum; provided, however, that said notes
shall be payable from revenues and taxes levied for purposes of the
district other than the payment of principal and interest on any
bonded debt of the district; and provided further, that the maturity
date shall not be later than 20 years from the date thereof and that
the total aggregate amount of such notes outstanding at any one time
shall not exceed 1 percent of the assessed valuation of the taxable
property in the district, or if such assessed valuation is not
obtainable, 1 percent of the county auditor's estimate of the
assessed valuation of the taxable property in the district evidenced
by his certificate.
Notwithstanding the enumeration and specific statement herein
of particular powers, the district may do and perform all acts and
things necessary and appropriate to carry out the purposes of this
part and the powers of the district.
(a) Except as provided in subdivision (b), the
Sacramento-Yolo Port District shall not exercise the power of eminent
domain in the County of Sacramento, the City of Sacramento, the
County of Yolo, or the County of Solano, without specific
authorization respectively from the County of Sacramento, the City of
Sacramento, the County of Yolo, or the County of Solano.
(b) This section does not apply to the Sacramento-Yolo Port
District if it exercises the power of eminent domain in the City of