ARTICLE 2. Parks Dedicated by City
Article 2 added by Stats. 1949, Ch. 79.
§§ 38440–38462 · 16 sections
- § 38440 A city may discontinue and abandon the use as a public park of any land owned in fee by it and dedicated or placed in such use by such city, and thereafter…
- § 38441 Without a special election, the legislative body may convey a minor portion of such a park in exchange for an equal or greater area or value of privately owned…
- § 38442 Except as provided in Section 38441, this article shall not be construed to authorize: (a) A discontinuance and abandonment, or change in the use, of such…
- § 38443 Proceedings are initiated when the legislative body adopts a resolution declaring that public interest or convenience requires the discontinuance of the use of…
- § 38444 The resolution shall: (a) Contain an accurate description of the lands. (b) State the common name of the park. (c) State the disposition which the legislative…
- § 38445 The city clerk shall cause the resolution to be published twice in a daily newspaper published and circulated in the city, or if there is none, twice in a…
- § 38446 The park superintendent or another person designated by the legislative body shall cause at least three notices of the adoption of the resolution to be posted…
- § 38447 The posted notices shall be headed: “Notice of proposed discontinuance of public park land” in legible characters, state the date of adoption of the…
- § 38448 At any time before the hour set for the hearing, any person or persons interested may protest in writing against the proposed abandonment and discontinuance,…
- § 38449 At the time set for the hearing or to which it is postponed, the legislative body shall hear and pass upon all such protests.
- § 38450 Protests are sustained unless overruled by two-thirds vote of the legislative body. The legislative body may sustain protests as to one portion, and overrule…
- § 38451 If a majority of the electors voting on the proposition are in favor of it, the legislative body shall adopt an ordinance declaring that use of the land…
- § 38452 If less than a majority of such electors vote for it, the legislative body shall not initiate proceedings for discontinuance of the use of such land for park…
- § 38460 When the ordinance becomes effective, the land described in it is deemed held by the city in fee. The city may sell or otherwise dispose of the property in the…
- § 38461 If the land was acquired by money derived from bonds authorized for park purposes, and the land sold, the reasonable market value of the land at the time of…
- § 38462 Except as permitted by general laws allowing diversions of bond funds, money so transferred shall be devoted only to the purposes for which the bonds were…