Article 2. Hearing of California Harbors And Navigation Code >> Division 8. >> Part 7. >> Chapter 2. >> Article 2.
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.
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.
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.
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.
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.
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
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:
(a) The name of the proposed district, as determined by the board
(b) The official name by which the harbor will be known, as
determined by the board of supervisors.
(c) A description of the exterior boundaries of the proposed
district, as finally determined by the board of supervisors.
A finding of the board of supervisors of the genuineness and
sufficiency of the petition and that notice shall be conclusive
against all persons.