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HomeMy WebLinkAboutSan Diego Unified Port District ActSAN DIEGO UNIFIED PORT DISTRICT ACT O a c Fp ***4( ORT An act to provide for the establishment of the San Diego Unified Port District; to provide for the calling of municipal elections therefor; describing the powers, duties, and functions thereof, authorizing the district to borrow money and issue bonds for district purposes; to provide means of raising revenues for the operation, maintenance and bond redemption of the district; and to provide for the transfer to such district of tidelands and lands lying under inland navigable waters. (Stats. 1962, 1st Ex. Sess., c. 67, as amended by Stats. 1963, c. 673, Stats. 1965, c. 349, Stats. 1965, c. 577.) TABLE OF CONTENTS SECTION SUBJECT 1. SHORT TITLE. 2. STATE POLICY. 3. DEFINITIONS. 4. ESTABLISHMENT OF PORT DISTRICT; PURPOSES; USE OF POWERS. 5. TERRITORY; JURISDICTION. 6. ELECTION ON FORMATION OF DISTRICT. 7. PETITION OR RESOLUTION. OF CONSENT; CONTENTS. 8. QUALIFICATIONS OF SIGNERS. 9. PUBLICATION OF PETITION; HEARING; LAW GOVERNING. 10. ELECTION PROCEEDINGS; LAW GOVERNING; DEFINITION OF TERMS; CONSOLIDATION OF ELECTIONS. 11. VOTE COUNT; CONDUCT. 12. APPROVAL BY ELECTORS. 13. CANVASS OF VOTES; ENTRIES ON MINUTES. 14. CONVEYANCE OF TIDELANDS, SUBMERGED LANDS AND FACILITIES THEREON IN TRUST TO DISTRICT; EXCEPTIONS. 15. INCLUSION OF UNINCORPORATED TERRITORY. 16. GOVERNMENT OF DISTRICT; APPOINTMENT OF PORT COMMISSIONERS; QUALIFICATIONS; EXERCISE OF POWERS AND DUTIES. 17. TERM OF COMMISSIONERS;; VACANCIES; OATH; CERTIFICATE; RE- MOVAL. 18. COMMISSIONERS; ORGANIZATION; QUORUM; MEETINGS;- RULES AND REGULATIONS, COMPENSATION.. 19. MASTER PLAN FOR HARBOR AND PORT IMPROVEMENT; MODIFICA- TION OF PLAN; CONFLICTING LOCAL ORDINANCES. 20. FISCAL YEAR; ESTABLISHMENT; ANNUAL FINANCIAL REPORT; BUDGET. 21. ORDINANCES AND RESOLUTIONS. 22. EMPLOYMENT OF OFFICERS AND EMPLOYEES. 23. ACTIONS BY AND AGAINST DISTRICT. 24. SEAL. 25. ACQUISITION AND DISPOSAL OF PROPERTY. 26. PROHIBITION BY CITY OF USE OF LAND CONSTITUTING PUBLIC NUISANCE. 27. EMINENT DOMAIN. 28. PUBLIC CORPORATION. 29. BONDS AND OTHER INDEBTEDNESS; REFUNDING. i SECTION SUBJECT 30. POWERS AND SERVICES. 31. CONTRACTS WITH CITY FOR SERVICES. 32. ELECTIONS; APPLICABILITY OF ELECTIONS CODE. 33. ELECTIONS; INITIATIVE REFERENDUM AND RECALL, 34. INVESTMENT OF EXCESS FUNDS. 35. NECESSARY AND CONVENIENT ACTS. 36. FIXING OF RATES AND CHARGES. 37. PERFORMANCE OF WORK; NECESSITY OF CONTRACTS; EMERGENCIES. 37.5 NEGOTIATIONS WITH FEDERAL GOVERNMENT; CONTRIBUTIONS FOR WORK DONE BY UNITED STATES. 38. CREATION AND ACCUMULATION OF CAPITAL OUTLAY FUND. 39. TRANSFERS TO FUND. 40. USE OF FUND; PURPOSES; AUTHORIZATION. 41. BORROWING MONEY; NOTES AND CONDITIONAL SALES CONTRACTS; RESTRICTIONS AND CONDITIONS; TAXES. 42. GENERAL OBLIGATION BONDS. 43. BONDS; PROVISION FOR PAYMENT. 44. BONDS;CERTIFICATE OF REQUIRED TAX REVENUES. 45. LEVY AND COLLECTION OF TAXES; USE OF PROCEEDS. 46. PRELIMINARY BUDGET. 47. NOTICE OF ADOPTION OF PRELIMINARY BUDGET; HEARING ON FINAL BUDGET. 48. APPEARANCE OF TAXPAYERS; CONTINUATION OF HEARING. 49. REPORT OF FINAL BUDGET TO BOARD OF SUPERVISORS. 49.5 LEVY OF TAX BY BOARD OF SUPERVISORS; PAYMENT OF FUNDS TO DISTRICT TREASURER; LIMITATIONS ON LEVY FOR CAPITAL OUTLAY. 50. BONDS AS LEGAL INVESTMENTS. 51. REVENUE BONDS. 52. AUDIT OF ACCOUNTS. 53. ANNEXATION OF TERRITORY. 54. LAW GOVERNING ANNEXATION. 55. RULES AND REGULATIONS OF BOARD; REGULATION OF VESSELS; HARBOR POLICE AND FIRE PROTECTION. 56. ENACTMENT AND ENFORCEMENT OF POLICE AND SANITARY REGULATIONS. 57. ACQUISITION AND OPERATION OF FACILITIES FOR PROMOTION OF COMMERCE, NAVIGATION, FISHERIES AND RECREATION. 58. SUSPENSION OF RULES AND REGULATIONS IN EMERGENCIES; EMER- GENCY REGULATIONS. ii SECTION SUBJECT 59. VIOLATIONS; MISDEMEANORS; CONDUCT OF PROSECUTION; JURISDICTION. 60. APPLICABILITY OF MUNICIPAL POLICE, FIRE AND SANITARY REGULATIONS. 61. BLANK.. 62. CONTRIBUTIONS TO WORKS BY OTHER AGENCIES TO IMPROVE NAVI- GATION AND COMMERCE.. 63-65. REPEALED. 66. CONTRIBUTION OF FUNDS TO FEDERAL GOVERNMENT; PURPOSES. 67. ASSUMPTION OF MUNICIPAL DEBT FOR DISTRICT PURPOSES; VALIDATION. 68. CONSENT OF STATE TO CONVEYANCES IN TRUST TO DISTRICT; SUR- RENDER OF POWER TO MANAGE HARBOR. 69. REVERSION OF LANDS AND POWER TO MANAGE HARBOR ON DISSOL- UTION OF DISTRICT.. 70. DISTRICT AS SUCCESSOR OF CERTAIN POWERS OF COUNTY AND CITIES; TRANSFER OF THE TITLE AND POSSESSION OF PROPERTY. 71. CESSATION OF CERTAIN LOCAL OFFICES UPON ESTABLISHMENT OF DISTRICT; EXCEPTIONS; RETIREMENT AND DISABILITY BENEFITS. 71.5 - DISCHARGE OF TRANSFERRED EMPLOYEES; INDEPENDENT CONTRACTORS. 72. DISTRICT OFFICERS. 72.5 UNCLASSIFIED AND CLASSIFIED SERVICES:. 73. SALARIES; BONDS. 74. EXECUTION OF BONDS, NOTES AND CONTRACTS. 75. ADOPTION OF CIVIL SERVICE RULES AND REGULATIONS; PROVISIONS. 76. USE OF SERVICES OF CIVIL SERVICE COMMISSION OFFICE OF SAN DIEGO COUNTY. 77. TIME FOR PAYING'WAGES OR SALARIES. 78. DELIVERY OF PROPERTY OF COUNTY AND CITIES TO DISTRICT OFFICERS. 79. PROVISIONS OF ACT TO CONTROL OVER INCONSISTENT PROVISIONS OF FREEHOLDERS' CHARTER. 80. .DE.POSIT`OF MONEYS RECEIVED FROM HARBOR FACILITIES OR UTIL- ITIES IN DISTRICT REVENUE FUND; APPROPRIATIONS.. 81. USE OF FUND FOR EXPENSES OF CONDUCTING DISTRICT. 82. • USE OF FUND FOR ADVERTISING COMMERCIAL ADVANTAGES AND FACILITIES. 83. USE OF FUND FOR ACQUISITION AND MAINTENANCE OF IMPROVE- MENTS,, WORKS AND FACILITIES, ETC. SECTION SUBJECT 84. USE OF FUND FOR BOND AND INTEREST PAYMENTS AND FOR ESTAB- LISHMENT OF FUNDS TO SECURE SUCH PAYMENTS. 85. USE OF FUND FOR PAYMENT OF PRINCIPAL AND INTEREST OF OUT- STANDING MUNICIPAL BONDS FOR HARBOR IMPROVEMENTS. 86. TRANSFER OF AMOUNTS BETWEEN BUDGET ITEMS AND BETWEEN BOND FUNDS. 87. PURPOSES FOR USE OF TIDE AND SUBMERGED LANDS HELD IN TRUST BY DISTRICT. 88. PARTIAL INVALIDITY. § 1. SHORT TITLE. This act shall be known and may be cited as the San Diego Unified Port District Act. § 2. STATE POLICY. It is hereby declared to be the policy of the State of California to develop the harbors and ports of this State for multiple purpose use for the benefit of the people. A necessity exists within San Diego County for such development. Because of the several separate cities and unincorporated populated areas in the area hereinafter described, only a specially created district can operate effectively in developing the harbors and port facilities. Because of the unique problems presented by this area, and the facts and circumstances relative to the development of harbor and port facilities, the adoption of a special act and the creation of a special district is required. § 3. DEFINITIONS. For the purposes of this act the following words shall have the following mean- ings: (a) "District" or "port 'district" shall mean the San Diego Unified Port District. (b) "Board" or "board of commissioners" shall mean the Board of Commissioners of the San Diego Unified Port District. (c) "County" shall mean the County of San Diego. § 4. ESTABLISHMENT OF PORT DISTRICT; PURPOSES; USE OF POWERS. A port district for the acquisition, construction, maintenance, operation, de- velopment and regulation of harbor works and improvements, including rail, water and air terminal facilities, for the development, operation, maintenance, control, regulation and management of the Harbor of San Diego upon the tidelands and lands lying under the inland navigable waters of San Diego Bay, and for the promotion of commerce, navigation, fisheries, and recreation thereon, may be established or organized and governed as pro- vided in this act and it may exercise the powers expressly granted herein.` Anything herein to the contrary notwithstanding, the powers and authority herein are to be used only as necessary or incident to the development and operation of a port and shall not apply to public utilities operated under the jurisdiction of the Public Utilities Commission of the State of California. § 5. TERRITORY; JURISDICTION. The area to be embraced in the district shall include all of the corporate area of each of the cities of San Diego, Chula Vista, Coronado, National City, and Imperial Beach which establish the district as provided in this act, and any unincorporated territory -1- in the County of San Diego contiguous thereto, which is economically linked to the development and operation of the Bay of San Diego, included in the district by the board of supervisors of the county as provided in this act. The jurisdiction of the district to exercise its powers shall extend only over the following areas: (a) The tidelands and submerged lands granted to the district pursuant to the provisions of this act. (b) Any airport or airports now or hereafter owned and operated by any of the above -named cities which establish the district, or San Diego County, and which are conveyed to the district by such city or cities or San Diego County. (c) Any other lands conveyed to the district by any city or by the County of San Diego, § 6. ELECTION ON FORMATION OF DISTRICT. The Board of Supervisors of San Diego County shall call an election in the area to be included within the district not later than the 1964 State Primary Election on the question of the formation of the district if either of the two conditions specified below is met: (a) A petition calling for the formation of the district is filed with the board of supervisors from each of the five cities specified in Section 5. Each of the petitions from the five respective cities shall be signed by at least five percent (5%) of the voters registered for the last municipal election in each particular city. (b) A resolution of consent calling for the formation of the district is filed with theboard of supervisors from each of the city councils of the five cities specified in Section 5; provided, that the requirements of this section shall be deemed to have been met if a combination of petitions and resolutions of consent have been filed with the board of supervisors, so long as each of the five cities specified in Section 5, either through a petition or by a vote of the city council, has authorized the calling of an election for the formation of the district. § 7. PETITION OR RESOLUTION OF CONSENT; CONTENTS. The petition or the resolution of consent shall contain: (a) A declaration calling for the creation of the San Diego Unified Port District, for the purpose of improving and developing the harbor. (b) A declaration that the tide and submerged lands owned by the particular city should be granted to the district. § 8. QUALIFICATIONS OF SIGNERS. Each signer of a petition within a particular city shall be a registered voter -2- and resident of that city. § 9. PUBLICATION OF PETITION; HEARING; LAW GOVERNING. The publication of the petition and the hearing on the petition shall be governed by the provisions of Section 6014 of the Harbors and Navigation Code. § 10. ELECTION PROCEEDINGS; LAW GOVERNING; DEFINITION OF TERMS; CONSOLI- DATION OF ELECTIONS. The election shall be called, noticed, held, and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted and returned,' returns canvassed, results declared, oaths of office administered, and all other proceedings incidental to and connected with the election shall be regulated and done, as nearly as may be practicable, in accordance with the provisions of law regulating municipal elections in general law cities. For the purposes of the election, the terms "board of trustees" and "city clerk," respectively, as used in the Elections Code provisions respecting the conduct of elections in general law cities, shall mean the county board of supervisors and the county clerk, respectively, for the purpose of the election held under this act. An election called pursuant to the provisions of this act may be consolidated with any other election pursuant to the provisions of Chapter 4 (commencing with Section 23300) of Part 2 of Division 12 of the Elections Code. § 11. VOTE COUNT; CONDUCT. The count of the vote in the election shall be conducted in two parts. One part shall consist of those votes cast in the City of San Diego, and the other part shall consist of all of those votes cast in the other four cities specified in Section 5 and out- side territory. § 12. APPROVAL BY ELECTORS. If the electors in the City of San Diego and the electors in the other four cities specified in Section 5 and outside territory, approve of the formation of the district at an election held pursuant to the provisions of this act, the district shall be established. § 13. CANVASS OF VOTES; ENTRIES ON MINUTES. If from the canvass it appears and the board of supervisors finds that a majority of the votes cast in the City of San Diego and a majority of the votes cast in the other four cities and outside territory, the votes of such other four cities and outside territory being combined together, were cast in favor of the formation of the district, it shall enter that fact upon its minutes, together with a description of the boundaries of the district, 3 its name, the official name or names by which the district is commonly known and enter its order declaring the district duly formed and existing in the county. 14. CONVEYANCE OF TIDELANDS, SUBMERGED LANDS AND FACILITIES THEREON IN TRUST TO DISTRICT; EXCEPTIONS. Upon the establishment of the district, every city specified in Section 5 shall convey to the district all its right, title and interest in and to the tidelands and sub- merged lands, together with any facilities thereon, which are owned by the city, including any such lands which have been granted in trust to the city by the State in the Bay of San Diego. The City of San Diego shall convey to the district all its right, title and interest in and to such pueblo lands as lie within the tidelands and submerged lands in the Bay of San Diego, together with any facilities thereon, which are owned by the City of San Diego. Thereafter the title to such lands shall reside in the district, and the district shall hold such lands in trust for the uses and purposes and upon the conditions which are declared in this act. Notwithstanding any other provision of this act, the City of San Diego shall not be required to convey to the district those lands described in Chapter 778 of the Statutes of 1929, and the City of Coronado shall not be required to convey to the district those lands described in Chapter 1839 of the Statutes of .1953. § 15. INCLUSION OF UNINCORPORATED TERRITORY. The Board of Supervisors of the County of San Diego may, by ordinance, include within the district unincorporated territory which the board has determined would be benefited by the district. § 16. GOVERNMENT OF DISTRICT; APPOINTMENT OF PORT COMMISSIONERS; QUALIFI- CATIONS; EXERCISE OF POWERS AND DUTIES. The district shall be governed by a board of commissioners. who shall be known as "port commissioners." Each city council, respectively, of the cities which are in- cluded in the district pursuant to the provisions of this act shall appoint the commissioner or commissioners to which it is entitled, pursuant to this section, to represent that particular city on the board. Three of the commissioners shall be residents of the City of San Diego, one shall be a resident of the City of National City, one shall be a resident of the City of Chula Vista, one shall be a resident of the City of Coronado, and one shall be a resident of the City of Imperial Beach. The commissioners shall be residents of the respective cities they represent at the time of their appointments, and during the term of their office. All of the powers and duties conferred upon the district shall be exercised through the board of commissioners. 4 § 17. TERM OF COMMISSIONERS; VACANCIES; OATH; CERTIFICATE; REMOVAL. The term of each commissioner shall be for four years, except as provided in this section. The terms of the commissioners appointed by the City Councils of the Cities of Coronado and National City, and the terms of two of the commissioners appointed by the City Council of the City of San Diego shall commence on the 3rd day of January 1965, and on the 3rd day of January every four years thereafter. The present terms of the commissioners heretofore appointed by the City Coun- cils of the Cities of Chula Vista and Imperial Beach, and one of the commissioners heretofore appointed by the City Council of the City of San Diego shall expire the 2nd day of January 1967. The terms of the successors of said commissioners shall commence on the 3rd day of January 1967, and on the 3rd day of January every four years thereafter. The commissioners appointed by the City Council of the City of San Diego shall so classify themselves by lot so that their terms shall conform to the provisions of this section. Any vacancy shall be filled by appointment by the city council of the city from which the vacancy has occurred. Any appointment to fill a vacancy during the term of a commissioner shall be for the unexpired term. Each commissioner, before entering upon the duties of his office, shall take and subscribe the oath as provided in Section 1360 of the Government Code of the State of California, and a certificate of the same shall be filed with the city clerk of the city from which the commissioner shall have been appointed, and a copy of which shall be filed with the district. A commissioner may be removed from the board by a four -fifths vote of the city council which appointed such commissioner. (Amended 1965) § 18. COMMISSIONERS; ORGANIZATION; QUORUM; MEETINGS; RULES AND REGULATIONS, COMPENSATION. Immediately after their appointment, the commissioners shall enter upon the per- formance of their duties. The board shall annually elect one of its members as chairman and another as vice chairman, and shall also elect annually a secretary, who may or may not be a member of the board. A majority shall constitute a quorum for the transaction of business. The board shall make rules and regulations for its own government and pro- cedure, and shall hold at least one regular meeting each month, and may hold such special meetings as it may deem necessary. The commissioners shall be officers of the district and shall receive no salaries but shall be entitled to reimbursement for necessary traveling and other expenses incurred while engaged in the performance of their duties. (Amended 1963) 5 § 19. MASTER PLAN FOR HARBOR AND PORT IMPROVEMENT; MODIFICATION OF PLAN; CONFLICTING LOCAL ORDINANCES. The board shall draft a master plan for harbor and port improvement and for the use of all of the tidelands and submerged lands which shall be conveyed to the district pursuant to the 'provisions of this act. A two-thirds vote of the board shall be required to adopt the plan. The board may from time to time modify the master plan by a two- thirds vote of the board. The provisions in the master plan shall not, override or supersede any local existing zoning ordinance which was in effect on April .30, 1962; provided, that if any local zoning ordinance is repealed, or expires, or becomes nonoperative for any reason, thereafter the provisions of the master plan adopted by the board shall control as to all lands and waters under the jurisdiction of the district. § 20. FISCAL YEAR; ESTABLISHMENT; ANNUAL FINANCIAL REPORT; BUDGET. The board shall establish a fiscal year for its operations and shall at the end of each fiscal year or as soon as possible after the end of each fiscal year, make a complete report of the affairs and financial condition of the district for the preceding fiscal year, which shall show the sources of all receipts and the purpose's of all dis- bursements during the year. The report shall be verified by the ' chairman of the board and the secretary thereof. The board shall draw up a budget for each fiscal year. § 21. ORDINANCES AND RESOLUTIONS. The board may pass all necessary ordinances and resolutions of the district. The enacting clause of all ordinances passed by the board stantially the following form: "The Board of Port Commissioners of San Diego Unified Port follows:" All ordinances and resolutions shall be signed by the and attested by the clerk. All ordinances and resolutions shall be entered in the minutes. All ordinance's passed by the board shall be published, within 15 days from the passage thereof,with the names of the members voting for and against them at least once in some daily news- paper of general circulation printed and published in the district. Ordinances passed by the board shall not go into effect until the expiration of 30 days from their publication except ordinances ordering or otherwise relating to the following which shall take effect upon their publication: (a) An election. as for the regulation shall be in sub - District do ordain chairman of the board 6 (b) The adoption of the annual budget. (c) The bringing or conducting of suits or actions. (d) The condemnation of private property for public use. (e) The immediate preservation of the public peace, health or safety, which ordinance shall contain a specific statement showing its urgency and be passed by a two-thirds vote of the board. A grant or franchise, lease, right or privilege shall never be construed -to be an urgency measure. All grants, franchises, leases, permits, rights or privileges for one year, or less, shall be made by the port director in accordance with such rulesand regulations as the board shall prescribe by resolution, and all grants, franchises, leases, permits, rights or privileges for more than one year shall be made by ordinance. Irrevocable permits shall not be granted or issued to any person. (Amended 1963) § 22. EMPLOYMENT OF OFFICERS AND EMPLOYEES. The board may employ engineers, attorneys andany other officers and employees necessary in the work of the district_. The port director shall appoint a treasurer whose duty it shall be to receive and safely keep all moneys of the district. He shall comply with all provisions of law governing the deposit and securing of public funds. He shall pay out moneys only as authorized by the board and not otherwise; provided, however, that no authorization shall be necessary for the payment of principal and -interest on bonds of the district. He shall at regular intervals, at least once each month, submit to the secretary of the district a written report and accounting of all receipts and dis- bursements and fund balances, a copy of which report he shall file with the board. The treasurer may appoint a deputy or deputies for whose acts he and his bondsmen shall be responsible. Such deputy or deputies shall hold office subject to the pleasure of the treasurer and shall receive such compensation as may be provided by the board. The treasurer shall execute a bond covering the faithful performance by him of the duties of his office and his duties with respect to all moneys coming into his hands as treasurer in such amount as shall be fixed by resolution of said board. The surety bond herein required shall be executed only by a surety company authorized to do busi- ness in the State of California and the premium therefor shall be paid by the district. The bond shall be approved by the board and filed with the secretary of the district. The treasurer -before entering upon the duties of his office shall take and file with the secretary of the district the oath of office required by the Constitution of this State. (Amended 1963) -7- § 23. ACTIONS BY AND AGAINST DISTRICT. The district and the board may sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. The district may also bring an action to determine the validity of any of its bonds, warrants, contracts, obligations or evidences of indebtedness pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure. (Amended 1963) § 24. SEAL. 1963) The board may adopt a seal for the district and alter it at pleasure. (Amended -8- § 25. ACQUISITION AND DISPOSAL OF PROPERTY. The district may take by grant, purchase, gift, devise, lease or otherwise acquire, hold and enjoy and lease and dispose of real and personal property of every kind, within the district, necessary to the full or convenient exercise of its powers. (Amended 1963) § 26. PROHIBITION BY CITY OF USE OF LAND CONSTITUTING PUBLIC NUISANCE. Any proposed use by the district of any particular land within its jurisdiction which would consitute a public nuisance may be prohibited by ordinance adopted by the city within which such land is located. § 27. EMINENT DOMAIN. The district may exercise the right of eminent domain within the boundaries of the district in the manner provided by law for the condemnation of private property for public use and take any property necessary or convenient to the exercise of its powers. In the proceedings relative to the exercise of such right the district has the same rights, powers and privileges as a municipal corporation. (Amended 1963) § 28. PUBLIC CORPORATION.. The district created in accordance with the provisions of this act is a public corporation created for the purposes set forth herein. (Amended 1963) § 29. BONDS AND OTHER INDEBTEDNESS; REFUNDING. The district may issue bonds, borrow money and incur indebtedness as authorized by law or in this act provided. The district may also refund any indebtedness as pro- vided in this act or in any other applicable law, and may also refund, by the issuance of the same type of obligations as those refunded and following the same procedure as at that time may be applicable to the issuance of such obligations, and may retire any indebtedness or lien that may exist against the district or its property. (Amended 1963) § 30. POWERS AND SERVICES. The board may regulate and control the anchoring, mooring, towing, and docking of all vessels. The district may perform the functions of warehousemen, stevedores, lighterers, reconditioners, shippers and reshippers of properties of all kinds. The board may manage the business of the district and promote the maritime and commercial interests by proper advertisements of its advantages and by the solicitation of business within or without the district, within other states or in foreign countries, through such employees or agencies as are expedient. 9 Within the boundaries of the district, the district may acquire, purchase, take over, construct, maintain, operate, develop, and regulate grain elevators, bunkering facilities, belt or other railroads, floating plants, lighterage, towage facilities, and any and all other facilities, aids, equipment, or property necessary for or incident to the development and operation of a harbor or for the accommodation and promotion of com- merce, navigation, fisheries, or recreation in the district. (Amended 1963) § 31. CONTRACTS WITH CITY FOR SERVICES. As to any service which the district is authorized to perform pursuant to the provisions of this act, the district may contract for the performance of such service by the city within which the particular tidelands are located. (Amended 1963) § 4 32. ELECTIONS; APPLICABILITY OF ELECTIONS CODE. All district elections shall be held in accordance with the provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, for the holding of elections in general law cities insofar as the same are not in conflict with this act. (Amended 1963) § 33. ELECTIONS; INITIATIVE REFERENDUM AND RECALL. The provisions of the Elections Code of the State of California, as the same now exist or may hereafter be amended, governing the initiative and .the referendum in districts shall apply insofar as such provisions of the Elections Code are not in conflict with this act. Officers of the district shall not be subject to recall. (Amended 1963) § 34. INVESTMENT OF EXCESS FUNDS. The board may, by resolution, order that any of the moneys in the funds under its control which are not necessary for current operating expenses be invested in any obligations, bonds or securities in which a general law city could invest such funds; provided, however, that (1) any such investment shall be made in such a manner that the moneys in such funds will be available at the times and in the amounts necessary to accomplish the purpose for which said funds were established, and (2) no such invest- ment shall be made in contravention of any provision or covenant in any proceedings for the authorization and issuance of bonds, notes, contracts or other evidences of indebted- ness. (Amended 1963) § 35. NECESSARY AND CONVENIENT ACTS. The board may do all other acts necessary and convenient for the exercise of its powers. - 10 - § 36. FIXING OF RATES AND CHARGES. The board shall by ordinance fix the rate of wharfage charges and other charges which are appropriate for the use of any of the facilities owned and constructed or serv- ices furnished or provided by the district. § 37. PERFORMANCE OF WORK; NECESSITY OF CONTRACTS; EMERGENCIES. The district may itself, without letting contracts therefor, do work and make improvements. The work shall be done under the direction of its officers or employees. In the construction, reconstruction or repair of public buildings, streets, utilities and other public works, and in furnishing supplies, materials, equipment or contractual services for the same, when the expenditure therefor shall exceed the sum of two thousand five hundred dollars ($2,500) , the same shall be done by written contract, except as otherwise provided in this act, and the board, on the recommendation of the port director, shall let the same to the lowest responsible and reliable bidder, not less than 10 days after advertising for one day in the official newspaper of the district for sealed proposals for the work contemplated. If the cost of the public contract work exceeds the sum of one thousand dollars ($1,000), but is not in excess of two thousand five hundred dollars ($2,500), the board may let the contract without advertising for bids, but not until the port director shall have secured competitive prices from contractors interested, which shall be taken under consideration by the board before the contract is let. The board may, however, upon the recommendation of the port director and by a vote of five of its members, order the performance of any such construction and reconstruction or repair work by appropriate district forces when the estimates submitted as part of the port director's recommendation indicate that the work can be done by the district forces more economically than if let by contract. In case of a great public calamity, such as extraordinary fire, flood, storm, epidemic or other disaster the board may, by resolution passed by a vote of five of its members, determine and declare that the public interest or necessity demands the immed- iate expenditure of district money to safeguard life, health or property, and thereupon they may proceed, without advertising for bids or receiving the same, to expend, or enter into a contract involving the expenditure of, any sum required in such emergency,on hand in the district fund and available for such purpose. All contracts before execution shall be approved as to form and legality by the attorney for the district. § 37.5 NEGOTIATIONS WITH FEDERAL GOVERNMENT; CONTRIBUTIONS FOR WORK DONE BY UNITED STATES. The board may, without advertising for bids, negotiate with the government of the United States for the purpose of assisting the board in the performance of any of the work authorized by this act, and the board may contribute to the United States all or - 11 - any portion of the estimated cost of any work authorized by this act which is to be done by or under contract with the United States. § 38. CREATION AND ACCUMULATION OF CAPITAL OUTLAY FUND. By resolution, the board may provide for the creation and accumulation of a fund for capital outlays. § 39. TRANSFERS TO FUND. At any time after the creation of the fund, the board may transfer to the Capital Outlay Fund any unencumbered surplus funds raised for any purpose whatever, remaining on hand at the end of any fiscal year or years. § (40. USE OF FUND; PURPOSES; AUTHORIZATION. The Capital Outlay Fund shall remain inviolate for the making of any capital outlays and the money shall not be disbursed from the fund except for such a purpose unless the district board submits a proposition to the electors of the district to obtain their consent to use the money in the fund for some other specific purpose. The pro- position may be submitted at any election. A two-thirds vote of all the voters voting at the election is necessary to authorize the expenditure of the money for such other purpose. § 41. BORROWING MONEY; NOTES AND CONDITIONAL SALES CONTRACTS; RESTRIC- TIONS AND CONDITIONS; TAXES. Notwithstanding any other provision of this act, the board may borrow money by issuance of negotiable promissory notes, or execute conditional sales contracts to pur- chase personal property, in an amount or of a value not exceeding in the aggregate at any one time the sum of two hundred thousand dollars ($200,000), for the purposes of the acquisition, construction, completion or repair •of any or all improvements, works, pro- perty or facilities authorized by this act or necessary or convenient for the carrying out of the powers of the district. Notwithstanding any other provision of this act, the board may borrow money, until June 30, 1967, by the issuance of negotiable promissory notes to provide working capital for the necessary expenses of conducting the district, provided that at the time of issuance of any such notes the aggregate amount of said notes outstanding and issued for such purpose shall not exceed one-fourth of the annual budget for such expenses for the fiscal year (or portion thereof in the case of 1962-1963) in which such borrowing occurs. Notwithstanding any other provision of this act, the board may borrow money, until June 30, 1967, by the issuance of negotiable promissory notes, to provide any or all sums required to be paid under any or all contracts of assumption mentioned in Section - 12 - 67 of this act. Negotiable promissory notes issued pursuant to this section shall mature in not exceeding five years from their respective dates and shall bear interest at a rate or rates not exceeding 6 percent per annum payable annually or semiannually. No conditional sales contract shall be for a term in excess of five years from the date of execution thereof. The negotiable promissory notes and the conditional sales contracts shall contain such terms and provisions as the board shall specify in the ordinance providing for the issuance thereof. The negotiable promissory notes shall be signed in the same manner as general obligation bonds of the district and the conditional sales contracts shall be signed in the same manner as other contracts of the district. As a condition precedent to the issuance of any negotiable promissorynotes for the purposes of the acquisition, construction, completion or repair of any or all improvements, works, property or facilities authorized by this act or necessary or con- venient for the carrying out of the powers of the district or the execution of any conditional sales contract for such purposes, as provided in this. section, in excess of twenty-five thousand dollars ($25,000), the board shall first unanimously approve by resolution and have on file a report approved by the port director on the engineering and economic feasibility relating to the project contemplated for the expenditure of said borrowed money or conditional sales contract. Said feasibility report shall be prepared and signed by an engineer or engineers licensed and registered under the laws of the State of California. Taxes for the payment of all negotiable promissory notes or conditional sales contracts issued under this section shall be levied, collected, paid to the: district and used in the same manner as is hereinafter provided for general obligation bonds of the district. (Amended' 1963) 42. GENERAL .OBLIGATION BONDS. Whenever the board deems it necessary for the district •to incur a general obligation bonded indebtedness for the acquisition, construction, completion or repair of any or all improvements, works, property or facilities, authorized by this act or necessary or convenient for the carrying out of the powers of the district, it shall,by ordinance, adopted by two-thirds of all members of the board, so declare and call an election to be held in said district for the purpose of submitting to the qualified voters thereof the proposition of incurring indebtedness by the issuance of general obligation bonds of said district. Said ordinance shall state: (a) The purpose for which the proposed debt is to be incurred, which may include expenses of all proceedings for the authorization, issuance and 'sale of the bonds. (b) The estimated cost of accomplishing 'said purpose. (c) The amount of the principal of theindebtedness. - 13 - (d) The maximum term the bonds proposed to be issued shall run before maturity, which shall not exceed 40 years from the date thereof or the date of each series thereof. (e) The maximum rate of interest to be paid, which shall not exceed 6 percent per annum. (f) The proposition to be submitted to the voters. (g) The date of the election. (h) The manner of holding the election and the procedure for voting for or against the measure. Notice of the holding of such election shall be given by publishing, pursuant to Section 6066 of the Government Code, the ordinance calling the election in at least one newspaper published in such district. No other notice of such election need be given. Except as otherwise provided in the ordinance, the election shall be conducted as other district elections. If any proposition is defeated by the electors, the board shall not call another election on a substantially similar proposition to be held within six months after the prior election. If a petition requesting submission of such a proposition, signed by 15 percent of the district electors, as shown by the votes cast for all candidates for Gover- nor at the last election, is filed with the board, it may call an election before the ex- piration of six months. If two-thirds of the electors voting on the proposition vote for it, then the board may, by resolution, at such time or times as it deems proper, issue bonds of the district for the whole or any part of the amount of the indebtedness so authorized and may from time to time, in such resolution or resolutions, provide for the issuance of such amounts as the necessity thereof may appear, until the full amount of such bonds authorized shall have been issued. Said full amount of bonds may be divided into two or more series and different dates and different dates of payment fixed for the bonds of each series. A bond need not mature on an anniversary of its date. The maximum term the bonds of any series shall run before maturity shall not exceed 40 years from the date of each series respectively. In such resolution or resolutions the board shall pre- scribe the form of the bonds and the form of any coupons to be attached thereto, the re- gistration, conversion and exchange privileges, if any, pertaining thereto, and fix the time when the whole or any part of the principal shall become due and payable. The bonds shall bear interest at a rate or rate's not exceeding 6 percent per annum, payable semiannually, except that the first interest payable on the bonds or any series thereof may be for any period not exceeding one year as determined by the board. In the resolution or resolutions providing for the issuance of such bonds the board may also provide for call and redemption of such bonds prior to maturity at such times and prices and upon such other terms as it may specify, provided that no bond shall be subject to call or redemption prior to maturity unless it contains a recital to that effect - 14 - or unless a statement to that effect is printed thereon. The denomination or denomin- ations of the bonds shall be stated in the resolution providing for their issuance, but shall not be less than one thousand dollars ($1,000). The principal of and interest on such bonds shall be payable in lawful money of the United States at the office of the treasurer of the district or at such other place or places as may be designated, or at either place or places at the option of the holders of the bonds. The bonds shall be dated, numbered consecutively and shall be signed by the chairman and treasurer, counter- signed by the clerk and the official seal of the district attached. The interest coupons of such bonds shall be signed by the treasurer. All such signatures, countersignatures and seal may be printed, lithographed or mechanically reproduced, except that one of such signatures or countersignatures on the bonds shall be manually affixed. If any ' officer whose signature or countersignature appears on bonds or coupons ceases to be such officer before the delivery of the bonds, his signature is as effective as if he had remained in office. The bonds may be sold as the board determines by resolution but for not less than par. Before selling the bonds, or any part thereof, the board shall give notice inviting sealed bids in 'such manner as it may prescribe. If satisfactory bids are re- ceived the bonds offered for sale shall be awarded to the highest responsible bidder. If no bids are received or if the board determines that the bids received are not satis- factory as to price or responsibility of the bidders the board may reject all bids received, if any, and either readvertise or sell the bonds at private sale. Delivery of any bonds may be made at any place either inside or outside the State, and the purchase price may be received in cash or bank credits. All accrued interest received on the sale of bonds shall be placed in the fund to be used for the payment of principal of and interest on the bonds and the remainder of the proceeds of the bonds shall be placed in the treasury to the credit of the proper improvement fund and applied exclusively to the purpose for which the debt was incurred; provided, however, that when said purpose has been accomplished any moneys . remaining in such improvement fund (a) shall be transferred to the fund to be used for the payment of principal of and interest on the bonds, or (b) shall be placed in a fund to be used for the purchase of outstanding bonds of the district. The bonds may be purchased only after publishing pursuant to Section 6066 of the Government Code in the district a notice inviting sealed proposals for the sale of bonds to the district. Such notice shall state the time and place when proposals will be opened and the amount of money available for the purchase of the bonds and the maximum price to be paid for said bonds so pur- chased. . Said notice may be published elsewhere in the United States in the discretion of the board. The board may reject any or all proposals and if it rejects all thereof, may within a period of 30 days thereafter purchase for cash any outstanding bonds of the district but in that event the purchase price shall not be more than the lowest pur- -15- chase price at which bonds were tendered to the district in the public bidding. Any bonds so purchased shall be canceled immediately. After the expiration of three years after a general obligation bond election the board may determine, by ordinance adopted by two-thirds of all the members of the board, that any or all of the bonds authorized at said election remaining unsold shall not be issued or sold. When the ordinance takes effect, the authorization to issue said bonds shall become void. Whenever the board deems that the expenditure of money for the purpose for which the bonds were authorized by the voters is impractical or unwise, it may, by ordinance adopted by two-thirds of all members of the board, so declare and call an election to be held in the district for the purpose of submitting to the qualified voters thereof, the proposition of incurring indebtedness by the issuance of such bonds for some other purpose. The procedure, so far as applicable, shall be the same as when a bond proposition is originally submitted. The board may provide for the issuance, sale or exchange of refunding bonds to redeemorretire any bonds issued by the district upon the terms, at the times and in the manner which it determines. Refunding bonds may be issued in a principal amount sufficient to pay all or any part of the principal of such outstanding bonds, the interest thereon and the premiums, if any, due upon call and redemption thereof prior to maturity and all expenses of such refunding. The provisions for this section for authorization, issuance and sale of bonds shall apply to the authorization, issuance and sale of such re- funding bonds; except that when refunding bonds are to be exchanged for outstanding bonds the method of exchange shall be as determined by the board. The district shall not incur a general obligation bonded indebtedness which in the aggregate exceeds 15 percent of the assessed value of all real and personal property in the district. (Amended 1963) § 43. BONDS; PROVISION FOR PAYMENT. All bonds issued pursuant to Section 42 of this act are general obligations of the district and at the time of making the general tax levy after the incurring of any such bonded indebtedness, and annually thereafter until the bonds are paid or until there is a sum in the treasury of the district set apart for that purpose sufficient to meet all pay- ments of principal and interest on the bonds as they become due, the board must cause a tax to be levied and collected annually, as hereinafter provided in Sections 44 and 45 of this act, sufficient to pay the interest on the bonds and such part of the principal as will become due before the proceeds of a tax levied at the next general tax levy will be available. (Amended 1963) -16- § 44. BONDS; CERTIFICATE OF REQUIRED TAX REVENUES. The board shall, at least 30 days before the board of supervisors is required by law to fix the general tax levy, certify to the board of supervisors in writing the minimum amount of money required to be raised by taxation during the fiscal year for the payment of the principal of and interest on any general obligation bonded debt of the district that will become due before the proceeds of a tax levied at the next general tax levy will be available. To the extent that, pursuant to this act or otherwise, moneys are on hand and have been set aside in the proper special fund for the purpose of paying such principal and interest, the amount of money required to be raised by taxation during the fiscal year may be reduced and if all of the moneys required to be raised by such annual tax levy are actually on hand and have been set aside in said fund for said pur- pose from some such other source, the tax levy hereinbefore required for such year need not be made. (Amended 1963) 45. LEVY AND COLLECTION OF TAXES; USE OF PROCEEDS. The taxes required to be levied by Sections 43 and 44 of this act shall be levied upon all property within the district taxable for county purposes and shall be in addition to any and all other taxes levied by the board of supervisors and it shall be the duty of the officer, officers or body having authority to levy taxes within the county to levy the taxes so required. It shall be the duty of all county or other officers charged with the duty of collecting taxes to collect such taxes in the time, form and manner as county taxes are collected and when collected to pay the same to the district. All such taxes shall be of the same force and effect as taxes levied for county purposes and their collection may be enforced by the same means as provided for the collection of county taxes. Such taxes shall be used only for the payment of the bonds and interest thereon. (Amended 1963) § 46. PRELIMINARY BUDGET. On or before the 15th day of June of each year, the district board shall estimate and determine the amount of money required by the district and shall adopt a preliminary budget which shall be divided into the following main classes: (1) Ordinary annual expenses. (2) Capital outlay and Capital Outlay Fund. (3) Prior indebtedness. (Amended 1963) § 47. NOTICE OF ADOPTION OF PRELIMINARY BUDGET; HEARING ON FINAL BUDGET. On or before the 15th day of June of each year, the board shall publish a notice pursuant to Section 6061 of the Government Code in the district stating: - 17- (1) That the preliminary budget has been adopted and is available at a time and at a place within the district specified in the notice for inspection by interested taxpayers. (2) That on a specified date not less than one month after the publication of the notice and at a specified time and place, the district board will meet for the purposes of fixing the final budget, and that any taxpayer may appear and be heard regarding the increase, decrease or omission of any item in the budget, or for the inclusion of addition- al items. (Amended 1963) § 48. APPEARANCE OF TAXPAYERS; CONTINUATION OF HEARING. At the time and place . designated in the published notice for the meeting, any taxpayer may appear and be heard regarding the increase, decrease or omission of any item in the budget or for the inclusion of additional items. The hearing on the budget may be continued from time to time. § 49. REPORT OF FINAL BUDGET TO BOARD OF SUPERVISORS. The district board shall report the final budget to the board of supervisors after the budget hearing but not later than the first day of August each year after making any changes in the preliminary budget it deems advisable during or after the hearing, in- cluding deductions, increases or additions. § 49.5 LEVY OF TAX BY BOARD OF SUPERVISORS; PAYMENT OF FUNDS TO DISTRICT TREASURER; LIMITATIONS ON LEVY FOR CAPITAL OUTLAY. The board of supervisors shall at the time of levying the county taxes levy the taxes required by other sections of this act and also a tax upon all the taxable property within the district sufficient to meet the amounts set forth in the final budget sub- mitted by the district board. The money when collected by the tax collector of the county shall be paid to the treasurer of said district; provided further, that any levy for capital outlay or for Capital Outlay Fund shall not exceed three cents ($0.03) per hundred dollars ($100) assessed valuation of all real and personal property in the district. (Amended 1963) § 50. BONDS AS LEGAL INVESTMENTS. Bonds issued by the district pursuant to this act are legal investments for all trust funds, and for the funds of all insurers, banks, both commercial and savings, and trust companies, and for the state school funds, and whenever any money or funds may, by law now or hereafter enacted, be invested in bonds of cities, cities and counties, counties, school districts or municipalities in this State, such money or funds may be invested in bonds of the district organized pursuant to this act. ,- 18- § 51. REVENUE BONDS. Whenever the board deems it necessary for the district to incur a revenue bonded indebtedness for the acquisition, construction, completion or repair of any or all improve- ments, works, property or facilities authorized by this act or necessary or convenient foc the carrying out of the powers of the district, the board shall issue such revenue bonds in accordance with the provisions of the —Revenue Bond Law of 1941, as thesame now exists or may hereafter be amended; provided, however, that: (a) By ordinance adopted by two-thirds of all the members of the board and subject to referendum, the board may provide for the issuance of such bonds, and, un- less said ordinance his subjected to referendum, no election shall be required to authorize the issuance of the bonds. A petition protesting against the adoption of such ordinance shall be signed by voters of the district equal in number of at least 5 percent of the entire vote cast within the district for all candidates for Governor at the last guber-, natorial election. (b) The aggregate amount of revenue bonds outstanding at any one time which have not been authorized or approved at an election shall not exceed ten million dollars ($10,000,000). (c) Any provisions of the Revenue Bond Law of 1941 which are inconsistent with the provisions of this act shall' not be applicable. (Amended 1963) § 52. AUDIT OF ACCOUNTS. The accounts of the district shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants and a copy of the audit report shall be filed with the clerk for inspection by any person or persons interested. (Amended 1963) § 53. ANNEXATION OF TERRITORY. Any territory annexed in accordance with law to a city specified in this act shall, upon the completion of such annexation proceedings, . be deemed incorporated into and annexed to the district. In addition to the annexation of territory to the district as a result of it being annexed to such a city, there may be annexed to the district any of the following territory which is in the same county as the district: a. Any territory contiguous to, the district. b. Any territory, any point of which touches the district. c. Any territory separated from the district by a "separating barrier," which term includes a street, road, highway, railway line, railway crossing, railway right-of- way, watercourse, lagoon, or other natural barrier. Any territory specified in this section may consist of one or more separate parcels of land, but it is not necessary that all parcels shall constitute in the aggregate one tract of land. (Amended 1963) - 19 - § 54. LAW GOVERNING ANNEXATION. Any territory specified in subdivision a, b or c of Section 53 may be annexed in the manner provided for sanitary districts in the. Health and Safety Code. The alteration of boundaries shall be ordered by the board of supervisors of the county in which the property is located. (Amended 1963) § 55. RULES AND REGULATIONS OF BOARD; REGULATION OF VESSELS; HARBOR POLICE AND FIRE PROTECTION. The board shall: (a) Make and enforce all necessary rules and regulations governing the use and control of all navigable waters and all tideland's and submerged lands, filled or unfilled, and other lands within the territorial limits of the district. (b) Regulate and control the anchoring, mooring, towing and docking of all vessels. (c) Establish and maintain a system of harbor police and may establish harbor fire protection within the territorial limits of the district for the enforcement of the ordinances, rules and regulations of the district, and employ the necessary officers, who shall as to such matters have all the power of peace officers and firemen within the district; or in the alternative, the district may contract with .the municipalities whose territorial limitsare adjacent to or contiguous to those of the district to provide such service's. § 56. ENACTMENT AND ENFORCEMENT OF POLICE AND SANITARY .REGULATIONS. The board shall make and enforce such local police, and sanitary regulations relative to the construction, maintenance, operation and use of all public services and public utilities in the district, operated in connection with or for the promotion or ac- commodation of commerce, navigation, fisheries, and recreation therein as are now vested in the district. § 57. ACQUISITION AND OPERATION OF FACILITIES FOR PROMOTION OF COMMERCE, NAVIGATION, FISHERIES AND RECREATION. The board may acquire, construct, erect, maintain or operate within the district, all improvements, utilities, appliances or facilities which are necessary or convenient for the promotion and accommodation of commerce, navigation, fisheries and recreation, or their use in connection therewith upon the lands and waters under the control and management of the board, and it may acquire, maintain and operate facilities of all kinds within the district. (Amended 1963) - 20 - § 58. SUSPENSION OF RULES AND REGULATIONS IN EMERGENCIES; EMERGENCY REGULATIONS. In case of emergency the board may suspend, modify or amend any rule or regulation of the board, or it may place in effect any emergency rule or regulations, for periods not exceeding thirty (30) days, and every such ordinance shall so provide. § 59. VIOLATIONS; MISDEMEANORS; CONDUCT OF PROSECUTION; JURISDICTION. Any person who violates the provisions of any ordinance, or any local police or sanitary regulation, of the board shall be guilty of a misdemeanor. The prosecution shall, be conducted by the City Attorney of San Diego if the infraction occurred within the corporate limits of the City of San Diego on lands or waters subject to the jurisdiction of the district. The prosecution shall be conducted by the District Attorney of San Diego County if the infraction occurred without the corporatelimits of the City of San Diego but otherwise on lands or waters subject to the jurisdiction of the district. The complaint shall be filed in the judicial district within which the infraction occurred. § 60. APPLICABILITY OF MUNICIPAL POLICY, FIRE AND SANITARY REGULATIONS. In the absence of the adoption of any police, fire and sanitary regulations by the district, the police, fire and sanitary regulations of any municipal corporation whose boundaries are adjacent to or contiguous to the territorial limits of the dis61ct shall .be applicable. § 61. (Blank) § 62. CONTRIBUTIONS TO WORKS BY OTHER AGENCIES TO IMPROVE NAVIGATION AND COMMERCE. The district may contribute money to the federal or the state government or to the county in which it 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 Rork 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 ' ork, when such work will improve navigation and commerce, in or to the navigable waters in the district. (Amended.1963) § 63. Repealed 1963 - Blank § 64. Repealed 1963 - Blank § 65. Repealed 1963 - Blank - 21 - § 66. CONTRIBUTION OF FUNDS TO FEDERAL GOVERNMENT; PURPOSES. Notwithstanding any other provisions of this act or any other law, the provisions of all ordinances, resolutions and other proceedings in the issuance by the district of any general obligation bonds, general obligation bonds with a pledge of revenues, revenue bonds, negotiable promissory notes, or any and all evidences of indebtedness or liability shall constitute a contract between the district and the holders of such bonds, notes or evidences of indebtedness or liability and the provisions thereof and the provisions of this act shall be enforceable against the district, any or all of its successors or assigns, by mandamus or any other appropriate suit, action or proceeding in law or in equity in any court of competent jurisdiction. Nothing contained in this act or in any other law shall be held to relieve the district or the territory included within it from any bonded or other debt or liability contracted by the district. Upon dissolution of the district or upon withdrawal of territory therefrom, the property formerly included within the district or withdrawn therefrom shall continue to be liable for the payment of all bonded and other indebtedness or liabilities outstanding at the time of such dissolution or with- drawal the same as if the district had not been so dissolved or the territory withdrawn therefrom, and it shall be the duty of the successors or assigns to provide for the payment of such bonded and other indebtedness and liabilities. Except as may be otherwise provided in the proceedings for the authorization, issuance and sale of any revenue bonds or general obligation bonds secured by a pledge of revenues, revenues of any kind or nature derived from any revenue -producing improvements, works, facilities or property owned, operated or controlled by the district shall be pledged, charged, assigned and have a lien thereon for the payment of such bonds as long as the same are outstanding, regardless of any change in ownership, operation or control of such revenue -producing improvements, works, facilities or property and it shall, in such later event or events, be the duty of the successors or assign's to continue to maintain and operate such revenue - producing improvements, works, facilities or property as long as such bonds are out- standing. (Amended 1963) § 67. ASSUMPTION OF MUNICIPAL DEBT FOR DISTRICT PURPOSES; VALIDATION. The district shall take over and assume indebtedness incurred for development of tide and submerged lands of the county or any city specified in this act which shall have heretofore issued bonds or created any indebtedness for harbor development or improvement in the Bay of San Diego in the manner and with the effect set forth in the following entitled contracts: (1) Assumption Agreement, between San Diego Unified Port District and the City of San Diego, dated February 14, 1963, Port Clerk Document No. 72. (2) Assumption Agreement, between San Diego Unified Port District and the City of Chula Vista, dated February 26, 1963, Port Clerk Document No. 101. - 22 - and the district, the board and any other public agencies, boards, councils and officers mentioned in such contracts shall take all acts and proceedings necessary to carry into effect the provisions of said contracts. Said contracts are hereby confirmed, validated and declared legally effective, including, without limitation, all acts and proceedings of the parties thereto done or taken with respect to said contracts prior to the date thereof. The provisions of this section shall operate to supply such legislative authorization as may be necessary to confirm, validate and make legally effectiveany such contracts and the proceedings taken in connection therewith prior to the date thereof which the Legislature could have supplied or provided for in the law under which such acts or proceedings were taken. (Amended 1963) § 68. CONSENT OF STATE TO CONVEYANCES IN TRUST TO DISTRICT: SURRENDER OF POWER TO MANAGE HARBOR. The State hereby consents to the county or any city which has elected to join the district established under the provisions of this act to grant its right, title and interest in and to the tidelands, submerged lands, whether filled or unfilled, swamp, overflowed, and salt marshlands in the Bay of San Diego, which are owned by the county or any city, including any such lands which have been granted in trust to the county or city by the State, to the district in trust for the uses and purposes and upon the con- ditions specified in this act. The county or such city may also transfer, relinquish and surrender to the district its power to manage, conduct and operate the harbor in or ad- jacent to which such portion of such lands are situated. The district shall, upon its establishment in accordance with the provisions of this act, become the successor of the county or such city whose tide and submerged lands shall have been included therein with respect to the management, conduct and operation of the harbor and with respect to the use, possession and title to such portions of such lands, and they shall continue to be held and used by the district pursuant to this act. § 69. REVERSION OF LANDS AND POWER TO MANAGE HARBOR ON DISSOLUTION OF DISTRICT. If the district is dissolved by operation of law, or otherwise, any such lands so granted thereto pursuant to this act, together with any and all improvements thereon, and the management, conduct and operation of such harbor, reverts to and is revested in the county or city so granting the same to the district.• The lands reverting to the cities or the .county pursuant to this section shall be held by the respective cities or the county in trust subject to the conditions, terms, and purposes of this act. - 23 - § 70. DISTRICT AS SUCCESSOR OF CERTAIN POWERS OF COUNTY AND CITIES; TRANS- FER OF TITLE AND POSSESSION OF PROPERTY. Whenever the district is established under the provisions of this act it is the successor of the county and each of the cities included therein as to all powers thereto- forevested in the county or each such city or exercisable by its officers, which are by the provisions of this act granted to the district or are exercisable by its officers. Such power's are relinquished by the county and the cities and surrendered to the district. The title to, and possession and control of, any works, structures, appliances, improve- ments and equipment of the kinds designated in this act, owned or held by or in trust for the county and each of the cities, or by any officer or board thereof, in trust or other- wise, for any purpose for which the district is authorized to acquire and use property pursuant to this act, are upon the establishment of the district, transferred to and vested in the district and are thereafter owned, operated and controlled by the district pursuant to this act. § 71. CESSATION OF CERTAIN LOCAL OFFICES UPON ESTABLISHMENT OF DISTRICT; EXCEPTIONS; RETIREMENT AND DISABILITY BENEFITS. Upon the establishment of the district, all persons then occupying the several offices of or under the government, of the county and eachof the cities included therein, except as otherwise provided, whose several powers and duties are within the powers of the district or within the powers or duties of the several officers thereof, shall im- mediately quit and surrender the occupancy or possession of such offices which shall thereupon cease and determine, except as to any persons who have powers and perform duties for the county and the cities other than those mentioned, whose offices shall not cease and determine as to such other powers and duties but shall continue with respect thereto the same as if the district had not been established. Notwithstanding the provisions contained in this section, all employees of the county and any city performing duties in connection with the Port of San Diego or the respective harbor departments, shall be blanketed in as employees of the district; and the district is empowered to: (a) contract with the State Employees' Retirement System and may provide retirement and disability benefits for employees under the State Em- ployees' Retirement System pursuant to its rules and regulations, or (b) contract with any city included within the district which has a retirement system for retirement and disability benefits for district employees. The district may, by contract, continue such employees of the district so blanketed in as members of the retirement system of which they were members while they were employees of therespective cities. (Amended 1963) - 24 - § 71.5 DISCHARGE OF TRANSFERRED EMPLOYEES; INDEPENDENT CONTRACTORS. No employee of the district who was previously employed by another govern- mental agency and was transferred to the district when it was formed and took over func- tions previously performed by such other agency shall be discharged, except for cause, or transferred to any position of a lesser class. Nothing in this section shall prevent the district from employing an independent contractor to provide 'services of a professional, scientific or technical nature where the district has determined that it is impractical to have such service furnished by a person employed or to be employed in the classified service and the employment of such inde- pendent contractor will not require the removal, suspension, layoff or transfer of any employee in the classified service or the elimination of any classification thereof. This section shall not apply to any employee of the district who is or has been employed by another governmental agency in substantially the same class of position and rate of pay as the position held, and pay received, while employed by the district.. (Added 1965) § 72. DISTRICT OFFICERS. The officers of the district shall be: (a) An auditor. (b) A port director. (c) An attorney. (d) A clerk. (e) A treasurer. (f) A chief engineer. The auditor, port director, and attorney shall be appointed by the board. The auditor and attorney shall appoint such deputies or assistants as may be authorized by the board. All other officers and employees shall be appointed by the port director. All officers appointed by the port director must be confirmed by the board. (Amended 1965.) § 72.5 UNCLASSIFIED AND CLASSIFIED SERVICES. Unclassified and Classified Services. (a) Employment in the district shall be divided into the unclassified and class- cfied service. (b) The unclassified service shall include: (1) All officers of the district. (2) All department and division heads. (3) The principal assistant or deputy of all officers and department and division heads. - 25 - (4) All assistant and deputy attorneys. (c) The board shall establish a classified civil service which shall include all positions no t specifically included in the unclassified service; provided, however, any incumbents in the positions included in the unclassified service presently in the classified service shall remain in the classified service until the respective positions are vacated by the incumbents. (d) Officers and employees appointed by the board may be removed from office by the affirmative vote of five members of the board. (e) All persons in the classified service shall be appointed by and may be removed by the port director subject to the civil service rules and regulations of the district. (Added 1965) § 73. SALARIES; BONDS. The salaries of the officers and employees shall .be - fixed by the board by ordinance. All officers and employees shall give such bond as is prescribed by the board; the premium on all bonds on officers and employees shall be paid by the district. (Amended 1965) § 74. EXECUTION OF BONDS, NOTES AND CONTRACTS. Bonds, notes and other evidences of indebtedness issued or incurred by the district shall be signed as provided in the section of this act applicable thereto or as provided in any other law applicable thereto; provided, however, that if the particular section or law does not prescribe the method of such execution, the method provided for general obligation bonds of the district shall apply so far as applicable. All other contracts of the district shall be executed in such manner as the board may fix by resol- ution. (Added 1963) § 75. ADOPTION OF CIVIL SERVICE RULES AND REGULATIONS; PROVISIONS. The board may adopt civil service rules and regulations in accordance with the following provisions:. (a) The civil service rules and regulations shall provide: (1) For the qualifications and examination of all applicants for employment and for the employment of persons on probation. (2) For the registration of persons, other than unskilled laborers, in the class- ified civil service, in accordance with their general average standing upon examination. (3) For promotions on the basis of ascertained merit and seniority in service and examination, and for competitive examinations for promotions, (4) For the reassignment of pe rsons injured in the service of the district who were at the time of injury actually engaged in the discharge of the duties of their - 26 - positions. (5) For leaves of absence. (6) For the transfer from one position to a similar position of the same class. (7) For the reinstatement to the list of eligibles on recommendation of the port director, of persons who have become separated from the service or have been reduced in rank, other than persons who have been removed for cause. (8) For the keeping of service records of all employees in the civil service, and for their use as one of the bases for promotions or layoffs through stoppage or lack of work. (9) For the procedure for the removal, discharge or suspension of employees; for the investigation by the board of the grounds thereof, and for the reinstatement or restoration to duty of persons found to have been removed, discharged or suspended for insufficient grounds or for reasons which are not sustained by investigation. (10) Generally for any other purpose which may be necessary or appropriate to carry out the objects and purposes of the civil service system and the rules herein speci- fically authorized. (b) The following persons may be exempted by the board, by ordinance, from the civil service: (1) Persons employed to render professional, scientific, technical or expert service of a temporary or exceptional character. (2) Persons employed on the construction of district works, improvements, buildings or structures. (3) Persons receiving a salary not exceeding fifty dollars ($50) a month. Any exemption so made may be terminated at any time by resolution of the board. (Amended 1965) § 76. USE OF SERVICES OF CIVIL SERVICE COMMISSION OFFICE OF SAN DIEGO COUNTY. Nothing herein contained shall prevent the board from contracting with the County of San Diego to utilize the services of its civil service commission office or department to effectuate the purposes hereof. § 77. TIME FOR PAYING WAGES OR SALARIES. The salaries or wages of all officers and employees of the district shall be paid at such regular periods as the board by ordinance may determine. (Amended 1963) § 78. DELIVERY OF PROPERTY OF COUNTY AND CITIES TO DISTRICT OFFICERS. Such persons shall severally forthwith deliver and turn over to the proper officers of the district, all property of the county and each city in their hands or under their control including any and all works, structures, appliances, improvements and - 27 - equipment of the character, kinds or classes enumerated or designated in this act and pertaining to harbor improvements or affairs.. § 79. PROVISIONS OF ACT TO CONTROL OVER INCONSISTENT PROVISIONS OF FREE- HOLDERS' CHARTER. The provisions of this act shall apply to any municipal corporation which is governed under a freeholders' charter even if such provisions are inconsistent- with the charter or its amendments, it being hereby declared that such provisions are a matter of statewide concern and are to prevail over any inconsistent provisions in any such charter. If the district is dissolved by operation of law or otherwise, any such works, structures, appliances, improvements and equipment are vested in such municipal cor- poration, together with any other works, structures, appliances, improvements and equip- ' ment acquired or constructed by the district in that portion of the district within the limits of each such municipal corporation respectively. § 80. DEPOSIT . OF MONEYS RECEIVED FROM HARBOR FACILITIES OR UTILITIES IN DISTRICT REVENUE FUND; APPROPRIATIONS. All money received or collected from or arising out of the use or operation of any harbor or port improvement, work, appliance, facility or utility, or vessel, owned, controlled or operated by the district; all tolls, charges and rentals collected by the board, and all compensations or fees required to be paid for franchises or licenses, or otherwise by law or ordinance or order, to the district for the operation of any public service utility upon lands or waters under the control and management of the board, shall be deposited in the treasury of the district to the credit of a fund to be -known as the San Diego Unified Port District Revenue Fund. The money in or belonging to the fund shall not be appropriated or used for any purpose except those enumerated in this act and such enumeration shall not be deemed to create any priority of one use or purpose over another. (Amended 1963) § 81. USE OF FUND FOR EXPENSES OF CONDUCTING DISTRICT. The fund may be used for the necessary expenses of conducting the district, including the operation and maintenance of all harbor or port improvements, works, utilities, appliances, facilities and vessels owned, controlled or operated by the district for the the promotion and accommodation of commerce, navigation, fisheries, and recreation, or used in connection therewith, and for the purposes set forth in any grants in trust. § 82. USE OF FUND FOR ADVERTISING COMMERCIAL ADVANTAGES AND FACILITIES. The money in the fund may also be used for advertising the commercial and other advantages and facilities of any harbor in the district, and for encouraging and - 28 - promoting commerce, navigation -and transportation in and through such harbor. § 83. USE OF FUND FOR ACQUISITION AND MAINTENANCE OF IMPROVEMENTS, WORKS AND FACILITIES, ETC. The money in the fund may also be used for the acquisition, construction, com- pletion and maintenance of harbor and port improvements, works, utilities., appliances, facilities, and vessels, for the promotion and accommodation of commerce, navigation and fisheries, and recreation, or uses in connection therewith; and for extraordinary im- provements and betterments to lands and property under the control, supervision and management of the district, including the purchase or condemnation of necessary lands and other property and property rights. § 84. USE OF FUND FOR BOND AND INTEREST PAYMENTS AND FOR ESTABLISHMENT pF FUNDS TO SECURE SUCH PAYMENTS. The money in thefund may also be used for the payment of the principal, or interest, or both, of district bonds authorized, issued and sold pursuant to this act and for the establishment and maintenance of bond service funds, sinking funds, reserve funds or other funds or accounts established to secure the payment of principal of, in- terest on, or redemption of or for the security of such bonds. (Amended 1963) -29- § 85. USE OF FUND FOR PAYMENT OF PRINCIPAL AND INTEREST OF OUTSTANDING MUNICIPAL BONDS FOR HARBOR IMPROVEMENTS. The money in the fund may also be used for the payment of the principal or interest, or both, of the bonds of the county or any city in the district,for harbor im- provements, authorized or outstanding prior to the establishment of the district, or there- after issued and sold by such county or city for harbor improvements pursuant to this act. § 86. TRANSFER OF AMOUNTS BETWEEN BUDGET ITEMS AND BETWEEN BOND FUNDS. The port director may make application in writing to the board for a transfer of amounts from one appropriated item to another in the budget allowance. On the approval of the board by a two-thirds vote, the auditor shall make such transfer; but a transfer shall not be made except as herein provided. Any transfer of bond or note proceeds or of bond or note service, reserve or sinking funds shall be made only as provided in the proceedings authorizing the issuance of such bonds. (Amended 1963) § 87. PURPOSES FOR USE OF TIDE AND SUBMERGED LANDS HELD IN TRUST BY DIS- TRICT. (a) The tide and submerged lands conveyed to the district by any city included in the district shall be held by the district and its successors in trust and may be used for purposes in which there is a general statewide purpose, as follows.: (1) For the establishment, improvement and conduct of a harbor, and for the construction, reconstruction, repair, maintenance, and operation of wharves, docks, piers, 'slips, quays, and all other works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient, for the promotion and accommodation of commerce and navigation. (2) For all commercial and industrial uses and purposes, and the construction, reconstruction, repair and maintenance of commercial and industrial buildings, plants and facilities. (3) For the establishment, improvement and conduct of airport and heliport : or aviation facilities, including but not limited to approach, takeoff and clear zones in connection with airport runways, and for the construction, reconstruction, repair, main- tenance and operation of terminal buildings, runways, roadways, aprons, taxiways, parking areas, and all other works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of air commerce and air navigation. (4) For the construction, reconstruction, repair and maintenance of highways, streets, roadways, bridges, belt line railroads, parking facilities, power, telephone, telegraph or cable lines or landings, water and gas pipelines, and all other transpor- tation and utility facilities or betterments incidental, necessary or convenient for the - 30 - promotion and accommodation of any of the uses set forth in this section. (5) For the construction, reconstruction, repair, maintenance and operation of public buildings, public assembly and meeting places, convention centers, parks, play- grounds, bathhouses and bathing facilities, recreation and fishing piers, public recreation facilities, including but not limited to public golf courses, and for all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of any such uses. (6) For the establishment, improvement and conduct of small boat harbors, marinas, aquatic playgrounds and similar recreational facilities, and for the construction, reconstruction, repair, maintenance and operation of all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of any of such uses, including but not limited to snack bars, cafes, restaurants, motels, launching ramps and hoists, storage sheds, boat repair facilities with cranes and marine ways, administration buildings, public restrooms, bait and tackle shops, chandleries, boat sales establishments, service stations and fuel docks, yacht club buildings, parking areas, roadways, pedestrian ways and landscaped areas. (b) The district or its successors shall not, at any time, grant, convey, give or • alienate said lands, or any part thereof, to any individual, firm or corporation for any purposes whatever; provided, that said district, or its successors, may grant franchises thereon for limited periods, not exceeding 66 years, for wharves and other public uses and purposes, and may lease said lands, or any part thereof, for limited periods, not exceeding 66 years, for purposes consistent with the trusts upon which said lands are held by the State of California, and with the requirements of commerce and navigation, and collect and retain rents and other revenues from such leases, franchises and pri- vileges. Such lease or leases, franchises and privileges may be for any and all purposes which shall not interfere with commerce and navigation. (c) Said lands shall be improved without expense to the State; provided, how- ever, that nothing contained in this section shall preclude expenditures for the develop- ment of said lands for any public purpose not inconsistent with commerce, navigation and fishery, by the State, or any board, agency or commission thereof, when authorized or approved by the district, nor by the district of any funds received for such purpose from the State or any board, agency or commission thereof. (d) In the management, conduct, operation and control of said lands or any improvements, betterments, or structures thereon, the district or its successors shall make no discrimination in rates, tolls or charges for any use or service in connection therewith. (e) The State of California shall have the right to use without charge any trans- portation, landing or storage improvements, betterments or structures constructed upon said lands for any vessel or other watercraft, aircraft, or railroad owned or operated by - 31 - the State of California. (f) There is hereby reserved to the people of the State of California the right to fish in the waters on said lands with the right of convenient access to said water over said lands for said purpose. (g) There is hereby excepted and reserved in the State of California all deposits of minerals, including oil and gas, in said lands, and to the State of California, or per- sons authorized by the State of California, the right to prospect for, mine, and remove such deposits from said lands. (h) Said lands shall be held subject to the express reservation and condition that the State may at any time in the future use said lands or any portion for highway purposes without compensation to the district, its successors or assigns, or any person, firm or public or private corporation claiming under it, except that in the event improve- ments, betterments or structures have been placed upon the property taken by the State for said purposes, compensation shall be made to the district, its successors or assigns, or any person, firm or public or private corporation entitled thereto for the value of his or its interest in the improvements, betterments or structures taken or the damages to such interest. (i) The State Lands Commission shall, at the cost of the district, survey and monument said lands and record a description and plat thereof in the office of the County Recorder of San Diego County. (j) As to any tide and submerged lands conveyed to the district by a city which are sub- ject to a condition contained in a grant of said lands to the city by the State that said lands shall be substantially improved within a designated period or else they shall revert to the State, such condition shall remain in effect as to said lands and shall be applicable to the district. As to any tide and submerged lands conveyed to the district by a city which are not subject to such a condition. contained in a grant by the State and which have not heretofore been substantially improved, said lands, within 10 years from the effective date of this act, shall be substantially improved by the district without expense to the State. If the State Lands Commission determines that the district has failed to improve said lands as herein required, all right, title and interest of the district in and to said lands shall cease and said lands shall revert and rest in the State. (Amended 1963) § 88. PARTIAL INVALIDITY. If any section, subdivision, sentence, clause, or phrase of this act, or the application thereof to any person or circumstances, is for any reason held invalid, the validi6y of the remainder of the act, or the application of such provision to other persons or circumstances, shall not be affected thereby. The Legislature hereby declares that it would have passed this act, and each section, subdivision, sentence, clause, and phrase thereof, irrespective of the fact that one or more sections, subdivisions, sentences, -32= clauses or phrases, or the application thereof to any person or circumstance, be held invalid. (Added 1963) - 33 -