SECTIONS 5350-5370 - California Statutes

PUBLIC RESOURCES CODE

SECTION 5350-5370

5350. Any portion of a municipality incorporated under the laws of
this State may be formed into a municipal park improvement district
for the purpose of creating an indebtedness, to be represented by
bonds of the district, the proceeds from the sale of which shall be
used for the acquisition or construction of any public park
improvement or work which such municipality is authorized by law to
acquire or construct, pursuant to this article.
"Work" or "improvement" whether used singly or in combination mean
and include any work or improvement for public park or recreation
purposes together with the acquisition of property necessary and
convenient therefor, as well as the construction, reconstruction and
repair of all or any part of such work or improvement.

5351. Whenever a petition, verified by one or more persons and
signed by not less than 10 percent of the qualified electors residing
in the territory which is proposed to be formed into a municipal
park improvement district, setting forth a general description of the
improvement or work to be acquired or constructed and a general
description of the exterior boundaries of such proposed district,
shall have been filed in the office of the clerk of the legislative
body of the city, and the genuineness of the signatures shall have
been certified to by the city clerk, the legislative body may adopt
an ordinance declaring its intention to call an election in the
proposed district for the purpose of submitting to the qualified
electors of the district the proposition of authorizing the issuance
and sale of bonds of the district in the manner and for the purpose
set forth in the ordinance of intention. The legislative body shall
have power to change or modify the boundaries of the district and the
nature, character or extent of the proposed public improvement or
work.

5352. The ordinance of intention shall contain:
(a) An accurate description of the exterior boundaries of the
proposed municipal park district;
(b) A general description of the improvement or work proposed to
be acquired or constructed;
(c) An estimate of the cost of the proposed improvement or work,
and an estimate of the incidental expense in connection therewith;
(d) A statement declaring the intention to call an election to be
held in the district for the purpose of submitting to the qualified
voters in the district the proposition of incurring indebtedness by
the issuance of bonds of the district to pay the cost and expenses of
the proposed improvement or work, and stating that a map showing the
exterior boundaries of the district with relation to the territory
immediately contiguous thereto, and a general description of the
proposed improvement are on file in the office of the clerk of the
legislative body of the city; which map shall govern for all details
as to the extent of the district;
(e) A statement of the date, hour and place fixed for the hearing
of protests.

5353. The ordinance of intention shall be published in the city
pursuant to Section 6062 of the Government Code. The ordinance,
unless otherwise provided by charter of the municipality, shall take
effect upon the completion of publication. In municipalities where no
newspaper is published the ordinance shall be posted in three public
places, and in case of posting notice the ordinance shall take
effect two weeks after date of such posting of notice.

5354. Any person interested, objecting to the formation of the
district, or to the extent of the district, or to the proposed
improvement or work, may file a written protest, setting forth such
objection, with the clerk of the legislative body at or before the
time set for the hearing of the petition. The clerk of the
legislative body shall endorse on each protest the date of its
reception by him, and, at the time appointed for the hearing above
provided for, shall present to the board all protests filed with him.
The legislative body shall hear the protests at the time appointed
or at any time to which the hearing may be adjourned, and pass upon
the same, and its decision thereon shall be final and conclusive.

5355. If the protest is against the proposed work or improvement
and the legislative body finds that the protest is made by the owners
of more than one-half of the area of the property to be taxed for
the work or improvement, and protests are not withdrawn so as to
reduce the same to less than a majority, no further proceedings shall
be taken for a period of one year from the date of the decision of
the legislative body on the hearing.

5356. If any protests are against the extent of the district or
against the inclusion of property in the district, then the
legislative body shall have power to make such changes in the
boundaries of the proposed district as it shall find to be proper and
advisable, and shall define and establish such boundaries, but such
boundaries shall not include any territory which will not be
benefited by the improvement or work. The legislative body shall not
modify the boundaries except after notice of its intention given in
the same manner as publication of the ordinance of intention to call
the bond election, describing the proposed modification, and
specifying a time for hearing objections to such modification, which
time shall be at least 10 days after the publication of the notice,
and the objections shall be heard and determined as are objections to
the proposed improvement or work.

5357. If the legislative body has denied all protests, it may call
an election to be held within the district described in the ordinance
or resolution calling the election, which description shall conform
with any changes in boundaries that may have been made under Section
5356, and provide for the submission of the proposition of incurring
a debt by the issuance of bonds of the district for the purposes set
forth in the ordinance of intention. The ordinance or resolution
calling such election, shall also recite the objects and purposes for
which the proposed indebtedness is to be incurred, the nature of the
improvement or work, the estimated cost, the estimated cost of the
incidental expense, the amount of the principal of the indebtedness
to be incurred and the rate of interest to be paid on such
indebtedness; provided, however, that in its discretion the
legislative body may recite in the ordinance or resolution a maximum
rate of interest to be paid on such indebtedness not to exceed 8 per
centum per annum, which rate when so recited shall not be exceeded in
the issuance of bonds for such indebtedness; and said ordinance or
resolution shall fix the date on which the election shall be held,
the manner of holding the election and the manner of voting for or
against the proposition.

5358. For the purposes of the bond election the legislative body
shall establish in the ordinance, or resolution, one or more
precincts within the boundaries of the district, designate a polling
place and appoint one inspector, one judge and one clerk for each
precinct. In all particulars not recited in such ordinance, or
resolution, the election shall be held as provided by law for the
holding of general municipal elections in such city. The ordinance,
or resolution, ordering the holding of the election shall be
published in the same manner as was the ordinance of intention.

5359. If at such election two-thirds of all the voters voting, vote
in favor of incurring the bonded indebtedness, then the legislative
body shall thereupon be authorized and empowered to issue the bonds
of the district for the amount provided for in the ordinance or
resolution calling the election.

5359.1. The legislative body may divide the principal amount of any
issue into two or more series and fix different dates for the bonds
of each series. The bonds of one series may be made payable at
different times from those of any other series. The maturity of each
series shall comply with this article.

5360. The legislative body shall, subject to the provisions of this
article, prescribe the form of the bonds, and of the interest
coupons.

5361. The legislative body may fix a date, not more than two years
from the date of issuance, for the earliest maturity of each issue or
series of bonds. Beginning with the date of the earliest maturity of
each issue or series, not less than one-fortieth of the indebtedness
of such issue or series shall be paid every year; provided, however,
the bonds of any issue or series may be made to mature and become
payable in approximately equal total annual installments of interest
and principal, during the term of the bonds computed from the first
year in which any part of the principal shall mature to the date of
final maturity, which annual installments may vary one from the other
in amounts not exceeding in any year more than 5 percent of the
total principal amount of the bonds of such issue or of the series
thereof then proposed to be issued. The final maturity date shall not
exceed 40 years from the time of incurring the indebtedness
evidenced by each issue or series.
The bonds shall be payable at a place to be fixed by the
legislative body and designated in the bonds, together with the
interest on all sums unpaid on such date, interest to be paid
semiannually, except that interest for the first year after the date
of the bonds may be made payable at the end of said year, until the
whole of the indebtedness shall have been paid. The principal and
interest on the bonds shall be paid by the city treasurer in the
manner provided by law for the payment of bonds of the city. Such
bonds shall not be an obligation of the municipality issuing them but
shall be payable from the funds of the district as herein provided
and neither the municipality nor any officer thereof shall be holden
for payment otherwise of their principal and interest.

5362. The bonds shall be issued in such denomination as the
legislative body may determine, except that no bonds shall be of a
less denomination than one hundred dollars ($100), nor of a greater
denomination than one thousand dollars ($1,000), and shall be signed
by the chief executive of the municipality, or by such other officer
thereof as the legislative body of the municipality shall, by
resolution adopted by a two-thirds vote of all its members, authorize
and designate for that purpose, and also signed by the treasurer
thereof, and shall be countersigned by the clerk. The interest
coupons on said bonds shall be numbered consecutively and signed by
the treasurer of such municipality by his engraved or lithographed
signature. In case any such officers whose signatures or
countersignatures appear on the bonds or coupons shall cease to be
such officer before the delivery of such bonds to the purchaser, the
signature or countersignature shall nevertheless be valid and
sufficient for all purposes, the same as if such officer had remained
in office until the delivery of the bonds.

5363. The legislative body may issue and sell the bonds at not less
than par value, and the proceeds of the sale of the bonds shall be
placed in the treasury of the municipality to the credit of the
proper district funds and shall be applied exclusively to the
purposes and objects mentioned in the ordinance or resolution
ordering the holding of the bond election and to the incidental
expense in connection therewith.

5363.1. An action to determine the validity of bonds may be brought
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil Procedure.

5364. The legislative body of the city shall, at the time of fixing
the general tax levy, and in the manner for the general tax levy,
levy and collect a tax each year upon the taxable land in the
district sufficient to pay the interest on the bonds for that year,
and such portion of the principal as is to become due before the time
for making the next general tax levy; provided, however, that if the
maturity of the indebtedness created by the issue of such bonds be
made to begin more than one year after the date of issue, such tax
shall be levied and collected, each year sufficient to pay the
interest on the indebtedness as it falls due, and also to constitute
a sinking fund for the payment of the principal on or before
maturity. The tax shall be in addition to all other taxes levied for
municipal purposes and when collected shall be paid into the treasury
of the city and be used for the payment of the principal and
interest on such bonds and for no other purpose.
The legislative body may provide, in the resolution or ordinance
calling the election, that the tax to pay principal and interest on
the bonds provided for in this section shall be levied and collected
upon all taxable property in the district rather than on taxable
land. If the proposition submitted pursuant to such resolution or
ordinance is approved as provided in Section 5359, the tax shall be
levied as provided in such ordinance or resolution.

5365. All contracts for the construction or completion of any work
or improvement, or for furnishing labor, materials or supplies shall
be let to the lowest responsible bidder. The legislative body shall
advertise in the city pursuant to Section 6062 of the Government
Code, inviting sealed proposals for furnishing labor, materials and
supplies for the proposed improvement before any contract shall be
made; provided, however, that if chartered the city shall follow its
charter as to making of contracts. The legislative body shall have
the right to require such bonds as it may deem best from the
successful bidder to insure the faithful performance of the contract,
and shall also have the right to reject any and all bids.

5366. The State Contract Act (Part 2 (commencing with Section
10100) of Division 2 of the Public Contract Code) and Part 7
(commencing with Section 1720) of Division 2 of the Labor Code shall
be applicable to this article.

5367. The municipality shall have full power and authority to
expend the proceeds acquired from the sale of bonds for the
acquisition or construction of the improvement or work set forth in
the ordinance calling the election, and shall also have full power
and authority to acquire or construct the improvements or works, and
the improvements or works so acquired or constructed shall be the
property of the municipality.

5368. Any district formed under the provisions of this article
shall be known as Municipal Park Improvement District No. ____
(insert number) of the City of ____ (inserting the name of the
municipality in which the district is located).

5368.5. Any property in the municipality within which the municipal
park improvement district is formed may be annexed to such district
in the manner provided in Part 11 (commencing with Section 72670) of
Division 20 of the Water Code, applicable to municipal water district
improvement districts.

5369. This article shall not affect any other act or acts relating
to the same, or a similar subject, but it is intended to provide an
alternative method of procedure governing the subject to which it
relates. When proceeding under the provisions of this article, its
provisions and none other shall apply.

5370. The provisions of this article shall be liberally construed
to effect the purpose thereof and no provision shall be deemed or
construed to prohibit the inclusion within the boundaries of any
district formed under the provisions of this article, or any other
act, of any territory which has or which may be included within any
other district formed under the provisions of this article, or any
other act.