ARTICLE 1. Parks Dedicated by Original Town Site Map or Plat
Article 1 added by Stats. 1949, Ch. 79.
§§ 38400–38418 · 19 sections
- § 38400 As used in this article, “original dedicator” includes any person, or that person’s successors and assigns, who has dedicated any land in the city for use as a…
- § 38401 “Abutting property” includes any property adjoining, or fronting on the park.
- § 38402 As used in this article, “interested person” means any person owning an interest in the park or the land embraced within it as reversioner, remainderman,…
- § 38403 The legislative body may abandon a park and sell the land comprising it pursuant to this article when: (a) A plat or map of a town site has been recorded in…
- § 38404 Proceedings are initiated when the legislative body adopts a resolution of intention, describing the park and the property to be acquired from the sale…
- § 38405 The resolution shall be published once a week for at least the three weeks before the day fixed for final action, in a newspaper of general circulation…
- § 38406 At the time fixed, the legislative body shall meet and hear and pass on protests to abandonment of the park. Any interested person may protest at the meeting.…
- § 38407 If the original dedicator or the owners of a majority of the lots abutting on the park protest in writing, or the legislative body sustains the protests made…
- § 38408 If the original dedicator does not protest, the majority of such owners do not protest in writing, and the other protests are overruled, the legislative body…
- § 38409 Upon ordering the park abandoned, the legislative body shall appoint and fix the compensation of three appraisers to assess the damages to abutting property…
- § 38410 The appraisers shall proceed with diligence to determine the damages which will result to each parcel of abutting property, and file a written report of their…
- § 38411 Without delay the clerk shall give notice of the filing, stating the time and place the report will be considered by the legislative body, and require any…
- § 38412 The notice shall be published for at least two weeks before the meeting in a newspaper published in the city, or if there is none, it shall be posted in three…
- § 38413 At the time fixed, the legislative body shall pass on the report and any objections that are made to it. The legislative body may confirm, correct, or modify…
- § 38414 Upon adoption of the report, warrants shall be drawn in favor of the owners to whom damages are allowed in the amount specified in the report. The warrants are…
- § 38415 The legislative body may employ and fix the compensation of such legal or other assistants as it deems necessary to sell the land for the best advantage to the…
- § 38416 The legislative body may determine when and at what price or terms the land or any part of it will be sold. Credit terms shall not exceed four years, and…
- § 38417 When authorized by a majority vote of the legislative body, the mayor and clerk shall sign, acknowledge, and deliver a deed to the land in the name and under…
- § 38418 The sale proceeds shall be deposited in the city treasury in a special fund and used exclusively for the payment of damages and the purchase and improvement of…