1190. Every district shall be a public corporation, have perpetual
succession, and may:
(a) Sue and be sued in all actions and proceedings in all courts
and tribunals of competent jurisdiction.
(b) Adopt a seal and alter it at pleasure.
(c) Call upon the district attorney for legal advice and
assistance in all matters concerning the district.
(d) Make contracts, employ labor, and do all acts necessary or
convenient for the full exercise of any of the powers of the
district.
1190.5. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
1191. (a) Every district may do all of the following:
(1) Provide and maintain memorial halls, assembly halls,
buildings, or meetingplaces, together with suitable indoor and
outdoor park and recreation facilities, including swimming pools,
picnic areas, and playgrounds, for the use of persons or
organizations other than veterans, pursuant to paragraphs (8) and
(9), and veteran soldiers, sailors, and marines who have honorably
served the United States in any wars or campaigns recognized by law
for the purposes of Section 3 of Article XIII of the California
Constitution, or for the use of patriotic, fraternal, or benevolent
associations of those persons. However, no district shall provide and
maintain indoor and outdoor park and recreation facilities,
including swimming pools, picnic areas, and playgrounds, unless these
projects have been approved by a majority of the voters at either
the general district election or at a special election called for
that purpose. The question of whether the district shall provide and
maintain indoor and outdoor park and recreation facilities may be
submitted to the registered voters of the district by the board on
its own motion and shall be submitted by the board upon petition
signed by 8 percent of the registered voters of the district, at
either the general district election or at a special election called
for that purpose. If submitted at a special election, the election
shall be called, conducted, governed, and regulated in the same
manner as the general district election.
All plans for indoor and outdoor park and recreation facilities,
including swimming pools, picnic areas, and playgrounds, shall be
approved initially by the board of supervisors.
(2) Purchase, receive by donation, condemn, lease, or acquire real
or personal property necessary or convenient for the construction or
maintenance of halls, buildings, meetingplaces, and facilities, and
improve, preserve, manage, and control these facilities.
(3) Purchase, construct, lease, build, furnish, or repair halls,
buildings, meetingplaces, and facilities upon sites owned or leased
by the district or made available to the district, and provide
custodians, employees, attendants, and supplies for the proper
maintenance, care, and management of those halls, buildings,
meetingplaces, and facilities.
(4) Furnish sites for halls, buildings, meetingplaces, or
facilities, to be built either by the district or by or for
patriotic, fraternal, or benevolent associations of veterans, if the
funds for these sites are supplied by the district or from other
sources.
(5) Enter into agreements with county, municipal, school, park, or
other public authorities or agencies conveying, leasing, or making
available to the district, either gratuitously or for compensation,
sites upon public land for the construction, maintenance, and
management by the district of assembly or memorial halls, buildings,
meetingplaces, or facilities, and construct and maintain on those
sites halls, buildings, meetingplaces, or facilities.
(6) Sell or lease any district property to the highest responsible
bidder, as determined by the board, except as provided by Section
1191.3. The board shall, prior to any sale, make a call for bids and
advertise that call pursuant to Section 6062 of the Government Code
in a newspaper of general circulation in the district, inviting
sealed bids for the sale or lease of the property. The board may
either accept the highest responsible bid or reject all bids. The
board may require the successful bidder to file with the board good
and sufficient undertaking to be approved by the board to insure
faithful performance of the contract of sale or lease. No sale or
lease shall be transacted, however, if a petition has been filed with
the board requesting it not to enter into the sale or lease of the
property.
The petition shall have affixed to it, as petitioners, the
signatures, indicating place of residence and place of signing, of
the registered voters of the district in a number equal to at least
10 percent of the votes cast in the district at the last preceding
general election held in the state.
If the petition meets these requirements, as determined by the
records of the county elections official for the county or counties
in which the district is situated, the board either shall not convey
the property or shall submit the matter to the registered voters of
the district to be voted upon at the next primary or general
election, or at a special election called for the purpose of
ratifying or rejecting the action of the district to sell or lease
the property.
(7) Sell or lease any district property to any political
subdivision, or portion thereof, in which the district is situated
for purposes of roads, streets, or highways, or for the improvement
of roads, streets, or highways, without regard to the highest
responsible bidder but otherwise meeting the petition requirements of
paragraph (6).
(8) Adopt, from time to time, reasonable rules and regulations for
the use of halls, buildings, meetingplaces, and facilities by
veterans or by organizations of veterans, and to allow the halls,
buildings, meetingplaces, and facilities to be used for lawful
purposes consistent with the objects of this section by persons or
organizations other than veterans either free of charge or for stated
compensation to aid in defraying the cost of maintenance of the
facilities, if that use will not unduly interfere with the reasonable
use of the facilities by veterans' associations.
(9) Enter into a joint powers agreement for recreational or senior
citizens' services within the district.
(b) In conformance with this section, a district may provide
recreational facilities or services at any location within the
district regardless of the location of district-owned facilities. A
district may not increase its tax levy for the purpose of providing
recreational services for persons other than veterans unless that
increase is first approved by a majority of the registered voters of
the district who vote upon the proposal.
1191.1. (a) The Lindsay-Strathmore Memorial District may enter into
a joint powers agreement with the Strathmore Public Utility District
to provide for the management, maintenance, and operation of the
memorial district property and improvements located at Strathmore,
California, and for the use by the public utility district of the
real property and improvements owned by the memorial district for
offices, maintenance, and storage facilities.
(b) This section applies only to the Lindsay-Strathmore Memorial
District in Tulare County. This section is not intended to amend any
of the provisions of Section 1266, and use of the Lindsay-Strathmore
Memorial District property by the Strathmore Public Utility District
under this section is not an abandonment of the facility by the
Lindsay-Strathmore Memorial District or the veterans' organization.
1191.3. When the district desires to sell real property that was
donated to the district by a city or county, the district shall offer
to reconvey it to the city or county before selling it and shall
reconvey it if the city or county agrees to accept it. If the
property was sold to the district by a city or county, or was given
or sold by a private person, or his successors in interest as
determined by the district, the district shall offer to reconvey it
at the then market price as determined by it, before selling it to
any other person. In any case no sale or other use of the real
property shall be made which is contrary to the provisions of any
instrument under which the district holds title to or any interest in
the property.
1192. Every district may:
(a) Cause to be levied and collected in any year a special tax not
to exceed three-tenths of one cent ($0.003) on the one dollar ($1)
of assessed valuation of all the taxable property in the district,
exclusive of any tax which may be required to pay the principal of
and interest upon any bonded indebtedness of the district, in
addition to all other taxes provided for by law upon the taxable
property of the district and to be paid into a special fund in the
county treasury to be known as the memorial district fund. In no
event shall the tax exceed an amount that is sufficient to pay the
estimated expenses of operating and maintaining the memorial district
for the next year and the estimated capital outlay of the district
for the next two years.
(b) Incur, through the board of supervisors, bonded indebtedness
on behalf of the district for the purpose of exercising any of the
powers of the district or accomplishing any of the purposes of this
chapter.
(c) Cause to be levied and collected in any one year a special tax
sufficient to pay the principal of and interest upon all bonded
indebtedness of the district incurred as herein provided, in addition
to all other taxes provided for by law or by the provisions of this
chapter and to be paid into a special fund in the county treasury to
be known as the memorial district bond retirement fund.
(d) Refund or retire any indebtedness that may exist against the
district.
1192.1. When a district is authorized to provide and maintain
indoor and outdoor park and recreation facilities including swimming
pools, picnic areas and playgrounds, unobligated funds of the
district accumulated prior to the authorization may be used for said
purposes.
1192.5. A district may impose a special tax pursuant to Article 3.5
(commencing with Section 50075) of Chapter 1 of Part 1 of Division 1
of Title 5 of the Government Code. The special taxes shall be
applied uniformly to all taxpayers or all real property within the
district, except that unimproved property may be taxed at a lower
rate than improved property.
1193. Every district may combine with the county in which it is
located or with any incorporated city wholly within the county, in
the accomplishment of any of the purposes of this chapter, and to
that end hold jointly with such county or city any property acquired
or made available for such purposes, and expend money in conjunction
with such county or city in accomplishing any of the purposes hereof.
1194. The powers of the district, except as otherwise expressly
provided, shall be exercised by the board of directors.
1195. The general district election shall be governed by the
provisions of the Uniform District Election Law and be held in every
district formed under the provisions of this chapter on the first
Tuesday after the first Monday in November of each odd-numbered year.
1195.2. If the board of directors of the district shall fail to
take the action necessary to hold a general district election
pursuant to Section 1195, the board of supervisors of the county in
which the district is situated may call and hold a special election
to vote for members of the board of directors of the district. Such
special election shall be held and conducted pursuant to the
provisions of Section 1180, at the expense of the district. If, on
the 40th day prior to the day fixed for such special election, not
more than one candidate has been nominated for each office of member
of the board of directors to be filled at such election, and if on
the 30th day prior to the day fixed for such election, a petition
signed by 5 percent of the qualified electors in the district,
requesting that such election be held, has not been presented to the
board of supervisors, such election shall not be held, and the board
of supervisors shall appoint persons to fill such offices and shall
give notice that such election will not be held, substantially as
provided in Section 1195.1.
1197. The board shall consist of five members who shall be
registered electors residing within the district or proposed district
at the time of their election and shall be elected by the qualified
electors of the district. A majority of the seats on the board shall
be designated for veterans, as defined in Section 940. Any board seat
that is so designated, but is not currently filled by a qualifying
individual, shall be filled by a qualified individual at the next
election at which that seat is to be filled. Members shall serve
without compensation, but shall be entitled to actual and necessary
expenses incurred in the performance of duties. Reimbursement for
these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
1198. The board first elected in any district shall hold its first
meeting in the meeting room of the board of supervisors commencing at
ten o'clock a.m. on the first Monday following the date of
declaration by the board of supervisors of the result of the special
election at which the board was elected. The board shall elect one of
its members president, and shall elect a secretary, and shall
provide for the time and place of holding meetings and the manner in
which special meetings may be called. The board may establish rules
for proceedings of the board.
1198.5. (a) The secretary of every memorial district shall annually
prepare a financial report signed by the board of directors
containing the following information and related data in such detail
as may be necessary to accurately disclose its financial condition
and operations during the preceding fiscal year:
(1) Assets and liabilities at the beginning and end of the fiscal
year.
(2) Receipts of any kind and the sources thereof.
(3) Disbursements of any kind and the purposes thereof.
(4) A list of all contracts, transactions, agreements of other
obligations entered into.
(b) The board of every memorial district shall provide for the
safekeeping of all records, at such places as the board may order and
shall transfer such records to such boards as are subsequently
elected under the provisions of this chapter.
1199. The president shall sign all contracts on behalf of the
district and shall certify to the county auditor all lawful demands
against the district payable from the memorial district fund and from
the memorial district bond fund after such demands have first been
approved by at least three members of the board. The president shall
also perform any other duties imposed by the board. The secretary
shall countersign all contracts on behalf of the district and perform
any other duties precribed by the board. A majority of the board
shall constitute a quorum for the transaction of business, but all
official acts of the board must receive the affirmative vote,
signature, or approval, as the case may require, of at least three
members of the board.
1200. The moneys in the several funds of the district shall be paid
out by the county treasurer only upon warrants drawn by the county
auditor against the appropriate district fund. The county auditor
shall draw warrants against the memorial district bond retirement
fund, if that fund contains sufficient moneys, and if not, then,
against any other funds of the district in payment of all valid and
outstanding bonds of the district at maturity and of interest coupons
thereon when due, upon presentation to the county auditor of the
bonds or coupons by the owners thereof.
1201. The county auditor shall also draw warrants against the
memorial district fund and against the memorial district bond fund,
in payment of lawful claims against the district certified to the
county auditor by the president of the board.
1202. The board shall, annually, at least fifteen days before the
first day of the month in which the board of supervisors is required
by law to levy the taxes required for county purposes, furnish to the
board of supervisors and to the auditor estimates in writing of the
minimum amount of money required for the payment of the principal of
and interest upon all bonded indebtedness of the district; and also
of the minimum amount of money required by the district for any other
purposes.
1203. The board of supervisors shall annually at the time of
levying county taxes and until all bonded indebtedness of the
district is fully paid, levy and cause to be collected by the county
tax collector a tax on all taxable property in the district
sufficient for the payment of the principal of and interest upon all
bonded indebtedness of the district. This tax shall be known as the
memorial district bond retirement tax.
1204. The board of supervisors shall in like manner and until all
other expenses and claims are fully paid, levy and cause to be
collected by the county tax collector a tax sufficient for the
payment of all other expenses and claims of the district. This tax
shall be known as the memorial district tax.
1205. The memorial district tax levied in any one year shall not
exceed the rate of three-tenths of one cent ($0.003) on each dollar
($1) of the assessed valuation of all taxable property in the
district, exclusive of any tax which may be required to pay the
principal of and interest upon any bonded indebtedness of the
district. In no event shall the tax exceed an amount that is
sufficient to pay the estimated expenses of operating and maintaining
the memorial district for the next year and the estimated capital
outlay of the district for the next two years.
1206. Taxes shall be paid into the county treasury to the credit of
the memorial district bond retirement fund or to the credit of the
memorial district fund, as the purpose of the tax determines.
1207. Taxes become delinquent at the time the county taxes become
delinquent and shall bear like penalties for delinquency. All taxes
shall be a lien upon all the taxable property in the district, and
shall be of the same force and effect as the liens for county taxes.
Their collection shall be enforced by the same means provided for the
enforcement of liens for county taxes.
1208. Boards of supervisors, governing bodies of incorporated
cities and school districts, and all authorities having control of
public lands within this State may on behalf of the county, city,
school district, park area, or public agency convey, lease, or make
available to districts, either gratuitously or for compensation,
sites upon lands under their control or jurisdiction, for the
erection and maintenance thereon by districts of assembly or memorial
halls, buildings, and meeting places, whenever in the reasonable
discretion of such board, body, or authority, such sites can be so
conveyed, leased, or made available without inconvenience to the
interests of the particular county, city, school district, park, or
public agency.
1190. Every district shall be a public corporation, have perpetual
succession, and may:
(a) Sue and be sued in all actions and proceedings in all courts
and tribunals of competent jurisdiction.
(b) Adopt a seal and alter it at pleasure.
(c) Call upon the district attorney for legal advice and
assistance in all matters concerning the district.
(d) Make contracts, employ labor, and do all acts necessary or
convenient for the full exercise of any of the powers of the
district.
1190.5. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
1191. (a) Every district may do all of the following:
(1) Provide and maintain memorial halls, assembly halls,
buildings, or meetingplaces, together with suitable indoor and
outdoor park and recreation facilities, including swimming pools,
picnic areas, and playgrounds, for the use of persons or
organizations other than veterans, pursuant to paragraphs (8) and
(9), and veteran soldiers, sailors, and marines who have honorably
served the United States in any wars or campaigns recognized by law
for the purposes of Section 3 of Article XIII of the California
Constitution, or for the use of patriotic, fraternal, or benevolent
associations of those persons. However, no district shall provide and
maintain indoor and outdoor park and recreation facilities,
including swimming pools, picnic areas, and playgrounds, unless these
projects have been approved by a majority of the voters at either
the general district election or at a special election called for
that purpose. The question of whether the district shall provide and
maintain indoor and outdoor park and recreation facilities may be
submitted to the registered voters of the district by the board on
its own motion and shall be submitted by the board upon petition
signed by 8 percent of the registered voters of the district, at
either the general district election or at a special election called
for that purpose. If submitted at a special election, the election
shall be called, conducted, governed, and regulated in the same
manner as the general district election.
All plans for indoor and outdoor park and recreation facilities,
including swimming pools, picnic areas, and playgrounds, shall be
approved initially by the board of supervisors.
(2) Purchase, receive by donation, condemn, lease, or acquire real
or personal property necessary or convenient for the construction or
maintenance of halls, buildings, meetingplaces, and facilities, and
improve, preserve, manage, and control these facilities.
(3) Purchase, construct, lease, build, furnish, or repair halls,
buildings, meetingplaces, and facilities upon sites owned or leased
by the district or made available to the district, and provide
custodians, employees, attendants, and supplies for the proper
maintenance, care, and management of those halls, buildings,
meetingplaces, and facilities.
(4) Furnish sites for halls, buildings, meetingplaces, or
facilities, to be built either by the district or by or for
patriotic, fraternal, or benevolent associations of veterans, if the
funds for these sites are supplied by the district or from other
sources.
(5) Enter into agreements with county, municipal, school, park, or
other public authorities or agencies conveying, leasing, or making
available to the district, either gratuitously or for compensation,
sites upon public land for the construction, maintenance, and
management by the district of assembly or memorial halls, buildings,
meetingplaces, or facilities, and construct and maintain on those
sites halls, buildings, meetingplaces, or facilities.
(6) Sell or lease any district property to the highest responsible
bidder, as determined by the board, except as provided by Section
1191.3. The board shall, prior to any sale, make a call for bids and
advertise that call pursuant to Section 6062 of the Government Code
in a newspaper of general circulation in the district, inviting
sealed bids for the sale or lease of the property. The board may
either accept the highest responsible bid or reject all bids. The
board may require the successful bidder to file with the board good
and sufficient undertaking to be approved by the board to insure
faithful performance of the contract of sale or lease. No sale or
lease shall be transacted, however, if a petition has been filed with
the board requesting it not to enter into the sale or lease of the
property.
The petition shall have affixed to it, as petitioners, the
signatures, indicating place of residence and place of signing, of
the registered voters of the district in a number equal to at least
10 percent of the votes cast in the district at the last preceding
general election held in the state.
If the petition meets these requirements, as determined by the
records of the county elections official for the county or counties
in which the district is situated, the board either shall not convey
the property or shall submit the matter to the registered voters of
the district to be voted upon at the next primary or general
election, or at a special election called for the purpose of
ratifying or rejecting the action of the district to sell or lease
the property.
(7) Sell or lease any district property to any political
subdivision, or portion thereof, in which the district is situated
for purposes of roads, streets, or highways, or for the improvement
of roads, streets, or highways, without regard to the highest
responsible bidder but otherwise meeting the petition requirements of
paragraph (6).
(8) Adopt, from time to time, reasonable rules and regulations for
the use of halls, buildings, meetingplaces, and facilities by
veterans or by organizations of veterans, and to allow the halls,
buildings, meetingplaces, and facilities to be used for lawful
purposes consistent with the objects of this section by persons or
organizations other than veterans either free of charge or for stated
compensation to aid in defraying the cost of maintenance of the
facilities, if that use will not unduly interfere with the reasonable
use of the facilities by veterans' associations.
(9) Enter into a joint powers agreement for recreational or senior
citizens' services within the district.
(b) In conformance with this section, a district may provide
recreational facilities or services at any location within the
district regardless of the location of district-owned facilities. A
district may not increase its tax levy for the purpose of providing
recreational services for persons other than veterans unless that
increase is first approved by a majority of the registered voters of
the district who vote upon the proposal.
1191.1. (a) The Lindsay-Strathmore Memorial District may enter into
a joint powers agreement with the Strathmore Public Utility District
to provide for the management, maintenance, and operation of the
memorial district property and improvements located at Strathmore,
California, and for the use by the public utility district of the
real property and improvements owned by the memorial district for
offices, maintenance, and storage facilities.
(b) This section applies only to the Lindsay-Strathmore Memorial
District in Tulare County. This section is not intended to amend any
of the provisions of Section 1266, and use of the Lindsay-Strathmore
Memorial District property by the Strathmore Public Utility District
under this section is not an abandonment of the facility by the
Lindsay-Strathmore Memorial District or the veterans' organization.
1191.3. When the district desires to sell real property that was
donated to the district by a city or county, the district shall offer
to reconvey it to the city or county before selling it and shall
reconvey it if the city or county agrees to accept it. If the
property was sold to the district by a city or county, or was given
or sold by a private person, or his successors in interest as
determined by the district, the district shall offer to reconvey it
at the then market price as determined by it, before selling it to
any other person. In any case no sale or other use of the real
property shall be made which is contrary to the provisions of any
instrument under which the district holds title to or any interest in
the property.
1192. Every district may:
(a) Cause to be levied and collected in any year a special tax not
to exceed three-tenths of one cent ($0.003) on the one dollar ($1)
of assessed valuation of all the taxable property in the district,
exclusive of any tax which may be required to pay the principal of
and interest upon any bonded indebtedness of the district, in
addition to all other taxes provided for by law upon the taxable
property of the district and to be paid into a special fund in the
county treasury to be known as the memorial district fund. In no
event shall the tax exceed an amount that is sufficient to pay the
estimated expenses of operating and maintaining the memorial district
for the next year and the estimated capital outlay of the district
for the next two years.
(b) Incur, through the board of supervisors, bonded indebtedness
on behalf of the district for the purpose of exercising any of the
powers of the district or accomplishing any of the purposes of this
chapter.
(c) Cause to be levied and collected in any one year a special tax
sufficient to pay the principal of and interest upon all bonded
indebtedness of the district incurred as herein provided, in addition
to all other taxes provided for by law or by the provisions of this
chapter and to be paid into a special fund in the county treasury to
be known as the memorial district bond retirement fund.
(d) Refund or retire any indebtedness that may exist against the
district.
1192.1. When a district is authorized to provide and maintain
indoor and outdoor park and recreation facilities including swimming
pools, picnic areas and playgrounds, unobligated funds of the
district accumulated prior to the authorization may be used for said
purposes.
1192.5. A district may impose a special tax pursuant to Article 3.5
(commencing with Section 50075) of Chapter 1 of Part 1 of Division 1
of Title 5 of the Government Code. The special taxes shall be
applied uniformly to all taxpayers or all real property within the
district, except that unimproved property may be taxed at a lower
rate than improved property.
1193. Every district may combine with the county in which it is
located or with any incorporated city wholly within the county, in
the accomplishment of any of the purposes of this chapter, and to
that end hold jointly with such county or city any property acquired
or made available for such purposes, and expend money in conjunction
with such county or city in accomplishing any of the purposes hereof.
1194. The powers of the district, except as otherwise expressly
provided, shall be exercised by the board of directors.
1195. The general district election shall be governed by the
provisions of the Uniform District Election Law and be held in every
district formed under the provisions of this chapter on the first
Tuesday after the first Monday in November of each odd-numbered year.
1195.2. If the board of directors of the district shall fail to
take the action necessary to hold a general district election
pursuant to Section 1195, the board of supervisors of the county in
which the district is situated may call and hold a special election
to vote for members of the board of directors of the district. Such
special election shall be held and conducted pursuant to the
provisions of Section 1180, at the expense of the district. If, on
the 40th day prior to the day fixed for such special election, not
more than one candidate has been nominated for each office of member
of the board of directors to be filled at such election, and if on
the 30th day prior to the day fixed for such election, a petition
signed by 5 percent of the qualified electors in the district,
requesting that such election be held, has not been presented to the
board of supervisors, such election shall not be held, and the board
of supervisors shall appoint persons to fill such offices and shall
give notice that such election will not be held, substantially as
provided in Section 1195.1.
1197. The board shall consist of five members who shall be
registered electors residing within the district or proposed district
at the time of their election and shall be elected by the qualified
electors of the district. A majority of the seats on the board shall
be designated for veterans, as defined in Section 940. Any board seat
that is so designated, but is not currently filled by a qualifying
individual, shall be filled by a qualified individual at the next
election at which that seat is to be filled. Members shall serve
without compensation, but shall be entitled to actual and necessary
expenses incurred in the performance of duties. Reimbursement for
these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
1198. The board first elected in any district shall hold its first
meeting in the meeting room of the board of supervisors commencing at
ten o'clock a.m. on the first Monday following the date of
declaration by the board of supervisors of the result of the special
election at which the board was elected. The board shall elect one of
its members president, and shall elect a secretary, and shall
provide for the time and place of holding meetings and the manner in
which special meetings may be called. The board may establish rules
for proceedings of the board.
1198.5. (a) The secretary of every memorial district shall annually
prepare a financial report signed by the board of directors
containing the following information and related data in such detail
as may be necessary to accurately disclose its financial condition
and operations during the preceding fiscal year:
(1) Assets and liabilities at the beginning and end of the fiscal
year.
(2) Receipts of any kind and the sources thereof.
(3) Disbursements of any kind and the purposes thereof.
(4) A list of all contracts, transactions, agreements of other
obligations entered into.
(b) The board of every memorial district shall provide for the
safekeeping of all records, at such places as the board may order and
shall transfer such records to such boards as are subsequently
elected under the provisions of this chapter.
1199. The president shall sign all contracts on behalf of the
district and shall certify to the county auditor all lawful demands
against the district payable from the memorial district fund and from
the memorial district bond fund after such demands have first been
approved by at least three members of the board. The president shall
also perform any other duties imposed by the board. The secretary
shall countersign all contracts on behalf of the district and perform
any other duties precribed by the board. A majority of the board
shall constitute a quorum for the transaction of business, but all
official acts of the board must receive the affirmative vote,
signature, or approval, as the case may require, of at least three
members of the board.
1200. The moneys in the several funds of the district shall be paid
out by the county treasurer only upon warrants drawn by the county
auditor against the appropriate district fund. The county auditor
shall draw warrants against the memorial district bond retirement
fund, if that fund contains sufficient moneys, and if not, then,
against any other funds of the district in payment of all valid and
outstanding bonds of the district at maturity and of interest coupons
thereon when due, upon presentation to the county auditor of the
bonds or coupons by the owners thereof.
1201. The county auditor shall also draw warrants against the
memorial district fund and against the memorial district bond fund,
in payment of lawful claims against the district certified to the
county auditor by the president of the board.
1202. The board shall, annually, at least fifteen days before the
first day of the month in which the board of supervisors is required
by law to levy the taxes required for county purposes, furnish to the
board of supervisors and to the auditor estimates in writing of the
minimum amount of money required for the payment of the principal of
and interest upon all bonded indebtedness of the district; and also
of the minimum amount of money required by the district for any other
purposes.
1203. The board of supervisors shall annually at the time of
levying county taxes and until all bonded indebtedness of the
district is fully paid, levy and cause to be collected by the county
tax collector a tax on all taxable property in the district
sufficient for the payment of the principal of and interest upon all
bonded indebtedness of the district. This tax shall be known as the
memorial district bond retirement tax.
1204. The board of supervisors shall in like manner and until all
other expenses and claims are fully paid, levy and cause to be
collected by the county tax collector a tax sufficient for the
payment of all other expenses and claims of the district. This tax
shall be known as the memorial district tax.
1205. The memorial district tax levied in any one year shall not
exceed the rate of three-tenths of one cent ($0.003) on each dollar
($1) of the assessed valuation of all taxable property in the
district, exclusive of any tax which may be required to pay the
principal of and interest upon any bonded indebtedness of the
district. In no event shall the tax exceed an amount that is
sufficient to pay the estimated expenses of operating and maintaining
the memorial district for the next year and the estimated capital
outlay of the district for the next two years.
1206. Taxes shall be paid into the county treasury to the credit of
the memorial district bond retirement fund or to the credit of the
memorial district fund, as the purpose of the tax determines.
1207. Taxes become delinquent at the time the county taxes become
delinquent and shall bear like penalties for delinquency. All taxes
shall be a lien upon all the taxable property in the district, and
shall be of the same force and effect as the liens for county taxes.
Their collection shall be enforced by the same means provided for the
enforcement of liens for county taxes.
1208. Boards of supervisors, governing bodies of incorporated
cities and school districts, and all authorities having control of
public lands within this State may on behalf of the county, city,
school district, park area, or public agency convey, lease, or make
available to districts, either gratuitously or for compensation,
sites upon lands under their control or jurisdiction, for the
erection and maintenance thereon by districts of assembly or memorial
halls, buildings, and meeting places, whenever in the reasonable
discretion of such board, body, or authority, such sites can be so
conveyed, leased, or made available without inconvenience to the
interests of the particular county, city, school district, park, or
public agency.
1190. Every district shall be a public corporation, have perpetual
succession, and may:
(a) Sue and be sued in all actions and proceedings in all courts
and tribunals of competent jurisdiction.
(b) Adopt a seal and alter it at pleasure.
(c) Call upon the district attorney for legal advice and
assistance in all matters concerning the district.
(d) Make contracts, employ labor, and do all acts necessary or
convenient for the full exercise of any of the powers of the
district.
1190.5. A district may destroy a record pursuant to Chapter 7
(commencing with Section 60200) of Division 1 of Title 6 of the
Government Code.
1191. (a) Every district may do all of the following:
(1) Provide and maintain memorial halls, assembly halls,
buildings, or meetingplaces, together with suitable indoor and
outdoor park and recreation facilities, including swimming pools,
picnic areas, and playgrounds, for the use of persons or
organizations other than veterans, pursuant to paragraphs (8) and
(9), and veteran soldiers, sailors, and marines who have honorably
served the United States in any wars or campaigns recognized by law
for the purposes of Section 3 of Article XIII of the California
Constitution, or for the use of patriotic, fraternal, or benevolent
associations of those persons. However, no district shall provide and
maintain indoor and outdoor park and recreation facilities,
including swimming pools, picnic areas, and playgrounds, unless these
projects have been approved by a majority of the voters at either
the general district election or at a special election called for
that purpose. The question of whether the district shall provide and
maintain indoor and outdoor park and recreation facilities may be
submitted to the registered voters of the district by the board on
its own motion and shall be submitted by the board upon petition
signed by 8 percent of the registered voters of the district, at
either the general district election or at a special election called
for that purpose. If submitted at a special election, the election
shall be called, conducted, governed, and regulated in the same
manner as the general district election.
All plans for indoor and outdoor park and recreation facilities,
including swimming pools, picnic areas, and playgrounds, shall be
approved initially by the board of supervisors.
(2) Purchase, receive by donation, condemn, lease, or acquire real
or personal property necessary or convenient for the construction or
maintenance of halls, buildings, meetingplaces, and facilities, and
improve, preserve, manage, and control these facilities.
(3) Purchase, construct, lease, build, furnish, or repair halls,
buildings, meetingplaces, and facilities upon sites owned or leased
by the district or made available to the district, and provide
custodians, employees, attendants, and supplies for the proper
maintenance, care, and management of those halls, buildings,
meetingplaces, and facilities.
(4) Furnish sites for halls, buildings, meetingplaces, or
facilities, to be built either by the district or by or for
patriotic, fraternal, or benevolent associations of veterans, if the
funds for these sites are supplied by the district or from other
sources.
(5) Enter into agreements with county, municipal, school, park, or
other public authorities or agencies conveying, leasing, or making
available to the district, either gratuitously or for compensation,
sites upon public land for the construction, maintenance, and
management by the district of assembly or memorial halls, buildings,
meetingplaces, or facilities, and construct and maintain on those
sites halls, buildings, meetingplaces, or facilities.
(6) Sell or lease any district property to the highest responsible
bidder, as determined by the board, except as provided by Section
1191.3. The board shall, prior to any sale, make a call for bids and
advertise that call pursuant to Section 6062 of the Government Code
in a newspaper of general circulation in the district, inviting
sealed bids for the sale or lease of the property. The board may
either accept the highest responsible bid or reject all bids. The
board may require the successful bidder to file with the board good
and sufficient undertaking to be approved by the board to insure
faithful performance of the contract of sale or lease. No sale or
lease shall be transacted, however, if a petition has been filed with
the board requesting it not to enter into the sale or lease of the
property.
The petition shall have affixed to it, as petitioners, the
signatures, indicating place of residence and place of signing, of
the registered voters of the district in a number equal to at least
10 percent of the votes cast in the district at the last preceding
general election held in the state.
If the petition meets these requirements, as determined by the
records of the county elections official for the county or counties
in which the district is situated, the board either shall not convey
the property or shall submit the matter to the registered voters of
the district to be voted upon at the next primary or general
election, or at a special election called for the purpose of
ratifying or rejecting the action of the district to sell or lease
the property.
(7) Sell or lease any district property to any political
subdivision, or portion thereof, in which the district is situated
for purposes of roads, streets, or highways, or for the improvement
of roads, streets, or highways, without regard to the highest
responsible bidder but otherwise meeting the petition requirements of
paragraph (6).
(8) Adopt, from time to time, reasonable rules and regulations for
the use of halls, buildings, meetingplaces, and facilities by
veterans or by organizations of veterans, and to allow the halls,
buildings, meetingplaces, and facilities to be used for lawful
purposes consistent with the objects of this section by persons or
organizations other than veterans either free of charge or for stated
compensation to aid in defraying the cost of maintenance of the
facilities, if that use will not unduly interfere with the reasonable
use of the facilities by veterans' associations.
(9) Enter into a joint powers agreement for recreational or senior
citizens' services within the district.
(b) In conformance with this section, a district may provide
recreational facilities or services at any location within the
district regardless of the location of district-owned facilities. A
district may not increase its tax levy for the purpose of providing
recreational services for persons other than veterans unless that
increase is first approved by a majority of the registered voters of
the district who vote upon the proposal.
1191.1. (a) The Lindsay-Strathmore Memorial District may enter into
a joint powers agreement with the Strathmore Public Utility District
to provide for the management, maintenance, and operation of the
memorial district property and improvements located at Strathmore,
California, and for the use by the public utility district of the
real property and improvements owned by the memorial district for
offices, maintenance, and storage facilities.
(b) This section applies only to the Lindsay-Strathmore Memorial
District in Tulare County. This section is not intended to amend any
of the provisions of Section 1266, and use of the Lindsay-Strathmore
Memorial District property by the Strathmore Public Utility District
under this section is not an abandonment of the facility by the
Lindsay-Strathmore Memorial District or the veterans' organization.
1191.3. When the district desires to sell real property that was
donated to the district by a city or county, the district shall offer
to reconvey it to the city or county before selling it and shall
reconvey it if the city or county agrees to accept it. If the
property was sold to the district by a city or county, or was given
or sold by a private person, or his successors in interest as
determined by the district, the district shall offer to reconvey it
at the then market price as determined by it, before selling it to
any other person. In any case no sale or other use of the real
property shall be made which is contrary to the provisions of any
instrument under which the district holds title to or any interest in
the property.
1192. Every district may:
(a) Cause to be levied and collected in any year a special tax not
to exceed three-tenths of one cent ($0.003) on the one dollar ($1)
of assessed valuation of all the taxable property in the district,
exclusive of any tax which may be required to pay the principal of
and interest upon any bonded indebtedness of the district, in
addition to all other taxes provided for by law upon the taxable
property of the district and to be paid into a special fund in the
county treasury to be known as the memorial district fund. In no
event shall the tax exceed an amount that is sufficient to pay the
estimated expenses of operating and maintaining the memorial district
for the next year and the estimated capital outlay of the district
for the next two years.
(b) Incur, through the board of supervisors, bonded indebtedness
on behalf of the district for the purpose of exercising any of the
powers of the district or accomplishing any of the purposes of this
chapter.
(c) Cause to be levied and collected in any one year a special tax
sufficient to pay the principal of and interest upon all bonded
indebtedness of the district incurred as herein provided, in addition
to all other taxes provided for by law or by the provisions of this
chapter and to be paid into a special fund in the county treasury to
be known as the memorial district bond retirement fund.
(d) Refund or retire any indebtedness that may exist against the
district.
1192.1. When a district is authorized to provide and maintain
indoor and outdoor park and recreation facilities including swimming
pools, picnic areas and playgrounds, unobligated funds of the
district accumulated prior to the authorization may be used for said
purposes.
1192.5. A district may impose a special tax pursuant to Article 3.5
(commencing with Section 50075) of Chapter 1 of Part 1 of Division 1
of Title 5 of the Government Code. The special taxes shall be
applied uniformly to all taxpayers or all real property within the
district, except that unimproved property may be taxed at a lower
rate than improved property.
1193. Every district may combine with the county in which it is
located or with any incorporated city wholly within the county, in
the accomplishment of any of the purposes of this chapter, and to
that end hold jointly with such county or city any property acquired
or made available for such purposes, and expend money in conjunction
with such county or city in accomplishing any of the purposes hereof.
1194. The powers of the district, except as otherwise expressly
provided, shall be exercised by the board of directors.
1195. The general district election shall be governed by the
provisions of the Uniform District Election Law and be held in every
district formed under the provisions of this chapter on the first
Tuesday after the first Monday in November of each odd-numbered year.
1195.2. If the board of directors of the district shall fail to
take the action necessary to hold a general district election
pursuant to Section 1195, the board of supervisors of the county in
which the district is situated may call and hold a special election
to vote for members of the board of directors of the district. Such
special election shall be held and conducted pursuant to the
provisions of Section 1180, at the expense of the district. If, on
the 40th day prior to the day fixed for such special election, not
more than one candidate has been nominated for each office of member
of the board of directors to be filled at such election, and if on
the 30th day prior to the day fixed for such election, a petition
signed by 5 percent of the qualified electors in the district,
requesting that such election be held, has not been presented to the
board of supervisors, such election shall not be held, and the board
of supervisors shall appoint persons to fill such offices and shall
give notice that such election will not be held, substantially as
provided in Section 1195.1.
1197. The board shall consist of five members who shall be
registered electors residing within the district or proposed district
at the time of their election and shall be elected by the qualified
electors of the district. A majority of the seats on the board shall
be designated for veterans, as defined in Section 940. Any board seat
that is so designated, but is not currently filled by a qualifying
individual, shall be filled by a qualified individual at the next
election at which that seat is to be filled. Members shall serve
without compensation, but shall be entitled to actual and necessary
expenses incurred in the performance of duties. Reimbursement for
these expenses is subject to Sections 53232.2 and 53232.3 of the
Government Code.
1198. The board first elected in any district shall hold its first
meeting in the meeting room of the board of supervisors commencing at
ten o'clock a.m. on the first Monday following the date of
declaration by the board of supervisors of the result of the special
election at which the board was elected. The board shall elect one of
its members president, and shall elect a secretary, and shall
provide for the time and place of holding meetings and the manner in
which special meetings may be called. The board may establish rules
for proceedings of the board.
1198.5. (a) The secretary of every memorial district shall annually
prepare a financial report signed by the board of directors
containing the following information and related data in such detail
as may be necessary to accurately disclose its financial condition
and operations during the preceding fiscal year:
(1) Assets and liabilities at the beginning and end of the fiscal
year.
(2) Receipts of any kind and the sources thereof.
(3) Disbursements of any kind and the purposes thereof.
(4) A list of all contracts, transactions, agreements of other
obligations entered into.
(b) The board of every memorial district shall provide for the
safekeeping of all records, at such places as the board may order and
shall transfer such records to such boards as are subsequently
elected under the provisions of this chapter.
1199. The president shall sign all contracts on behalf of the
district and shall certify to the county auditor all lawful demands
against the district payable from the memorial district fund and from
the memorial district bond fund after such demands have first been
approved by at least three members of the board. The president shall
also perform any other duties imposed by the board. The secretary
shall countersign all contracts on behalf of the district and perform
any other duties precribed by the board. A majority of the board
shall constitute a quorum for the transaction of business, but all
official acts of the board must receive the affirmative vote,
signature, or approval, as the case may require, of at least three
members of the board.
1200. The moneys in the several funds of the district shall be paid
out by the county treasurer only upon warrants drawn by the county
auditor against the appropriate district fund. The county auditor
shall draw warrants against the memorial district bond retirement
fund, if that fund contains sufficient moneys, and if not, then,
against any other funds of the district in payment of all valid and
outstanding bonds of the district at maturity and of interest coupons
thereon when due, upon presentation to the county auditor of the
bonds or coupons by the owners thereof.
1201. The county auditor shall also draw warrants against the
memorial district fund and against the memorial district bond fund,
in payment of lawful claims against the district certified to the
county auditor by the president of the board.
1202. The board shall, annually, at least fifteen days before the
first day of the month in which the board of supervisors is required
by law to levy the taxes required for county purposes, furnish to the
board of supervisors and to the auditor estimates in writing of the
minimum amount of money required for the payment of the principal of
and interest upon all bonded indebtedness of the district; and also
of the minimum amount of money required by the district for any other
purposes.
1203. The board of supervisors shall annually at the time of
levying county taxes and until all bonded indebtedness of the
district is fully paid, levy and cause to be collected by the county
tax collector a tax on all taxable property in the district
sufficient for the payment of the principal of and interest upon all
bonded indebtedness of the district. This tax shall be known as the
memorial district bond retirement tax.
1204. The board of supervisors shall in like manner and until all
other expenses and claims are fully paid, levy and cause to be
collected by the county tax collector a tax sufficient for the
payment of all other expenses and claims of the district. This tax
shall be known as the memorial district tax.
1205. The memorial district tax levied in any one year shall not
exceed the rate of three-tenths of one cent ($0.003) on each dollar
($1) of the assessed valuation of all taxable property in the
district, exclusive of any tax which may be required to pay the
principal of and interest upon any bonded indebtedness of the
district. In no event shall the tax exceed an amount that is
sufficient to pay the estimated expenses of operating and maintaining
the memorial district for the next year and the estimated capital
outlay of the district for the next two years.
1206. Taxes shall be paid into the county treasury to the credit of
the memorial district bond retirement fund or to the credit of the
memorial district fund, as the purpose of the tax determines.
1207. Taxes become delinquent at the time the county taxes become
delinquent and shall bear like penalties for delinquency. All taxes
shall be a lien upon all the taxable property in the district, and
shall be of the same force and effect as the liens for county taxes.
Their collection shall be enforced by the same means provided for the
enforcement of liens for county taxes.
1208. Boards of supervisors, governing bodies of incorporated
cities and school districts, and all authorities having control of
public lands within this State may on behalf of the county, city,
school district, park area, or public agency convey, lease, or make
available to districts, either gratuitously or for compensation,
sites upon lands under their control or jurisdiction, for the
erection and maintenance thereon by districts of assembly or memorial
halls, buildings, and meeting places, whenever in the reasonable
discretion of such board, body, or authority, such sites can be so
conveyed, leased, or made available without inconvenience to the
interests of the particular county, city, school district, park, or
public agency.
