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Home My WebLink About1991-12-16; Parks & Recreation Commission; 1291-4; Annual P&R Commision ElectionPARKS & RECREATION COMMISSION - AGENDA BILL DEPT. TITLE: ANNUAL PARKS AND RECREATION COMMISSION ELECTION (CHAIRPERSON/VICE CHAIR) (ACTION) RECOMMENDED ACTION: Elect Parks and Recreation Commission Chairperson and Vice Chairperson for 1991. ITEM EXPLANATION: Each year during the December Commission meeting, annual elections are held for the positions of Commission Chairperson and Vice Chairperson. The attached election forms are to be used in the election of these two positions. FISCAL IMPACT: None. EXHIBITS: 1. Election form for Chairperson/Vice Chairperson 30 1992 PARKS & RECREATION COMMISSION CHAIRPERSON WELSHONS VICE-CHAIRPERSON (Select One) 4^ CASTNER LAWSON 31 3.) DISCONTINUANCE OF PARKS § 38462 Div. 3 § 38461. Proceeds of sale; bond fund; general fund 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 adoption of the ordinance shall be transferred to the bond fund from such other municipal fund as the legislative body determines. If the land was not acquired from bond funds and the land is sold, the proceeds from such sale shall be deposited in the general fund of the city. (Added by Stats.1949, c. 79, p. 182, § 1. Amended by Stats. 1951, c. 729, p. 1998, § 5.) Historical Note Derivation: Stats.1927, c. 434, p. 721, § 6; Stats.1929, c. 434, p. 754, § 2; Stats.1935, c. 317, p. 1075, § 4. Library References Municipal Corporations «=»225(6). C.J.S. Municipal Corporations § 970. § 38462. Proceeds of sale; use after deposit in bond fund 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 authorized. (Added by Stats.1949, c. 79, p. 182, § 1.) Historical Note Derivation: Stats.1927, c. 434, p. 721, § 6; Stats.1929, c. 434, p. 754, § 2; Stats.1935, c. 317, p. 1075, § 4. Library References Dedication «=»63(1). C.J.S. Dedication § 63. Article 3 MUNICIPAL PARK ABANDONMENT LAW OF 1939 Section 38501. Authority to abandon on act of municipality. 38502. Election to abandon; lands purchased from bond proceeds. 38503. Resolution of intention; adoption; contents. 38504. Resolution of intention; publication and posting. 38505. Objections; hearing; termination of proceedings. 38506. Jurisdiction. 38507. Assistants to sell land; employment; compensation. 38508. Sale; time, price, terms, and interest. 38509. Deed. 38510. Sale, effect on easements; reversion. Article 3 was added by Stats. 1953, c. 170, p. 1100, § 22. 781 CITY GOVERNMENT Title 4 Historical Note This article was added as a part of the 1953 act designated as "An act to codify certain statutes, relating to the organization, and the maintenance of a system of state and local government" etc., by which a number of sec- tions, articles, chapters, and parts were added to the code. § 38501. Authority to abandon on act of municipality The legislative body may abandon all or any portion of a park and sell the land comprising it pursuant to this article, if it finds that all or any portion of the purported park has not been used by the public for park purposes, that no consideration has been paid for the land except by the city, and that no public funds have been expended to improve the land as a park, in either of the following situations: (a) When any land within the city limits has been dedicated for park purposes by the recording of a plat or map in the office of the county recorder, or otherwise. (b) When any such land has been purchased for park purposes and the legislative body finds that all or any portion of the land is not appropriate, convenient, or necessary for park purposes. (Added by Stats. 1953, c. 170, p. 1100, § 22.) Historical Note Derivation: Stats. 1939, c. 1107, p. 3038, § 1. Cross References Discontinuance of parks dedicated by original town site map or plat, see § 38400. Parks dedicated by city, similar provisions, see § 38440. WESTLAW Electronic Research See WESTLAW Electronic Research Guide following the Preface. Notes of Decisions Construction and application 1 1. Construction and application Abandonment by charter city of park, which had been acquired by eminent domain, for purpose of using the park as a site for a fire- house, was a "municipal affair," and city, which had availed itself of Const.Art. 11, §§ 6, 8 (repealed) empowering cities to make and enforce all laws and regulations in respect to "municipal affairs," had the power to so act without following procedure outlined in the Government Code for abandonment of parks. Wiley v. City of Berkeley (1955) 288 P.2d 123, 136 C.A.2d 10. § 38502. Election to abandon; lands purchased from bond proceeds If the land comprising all or any part of such park has been purchased from funds realized from the sale of bonds of a bond issue authorized for the purpose of acquiring the land for park purposes, the question of abandon- ment of all or a part of the park and the sale or conveyance of the land shall first be submitted to, and approved by, the voters of the city at the next municipal election or at a special election called for that purpose. (Added by Stats.1953, c. 170, p. 1100, § 22.) 782 DISCCH Dlv. 3 Derivatl Special elc § 3850 Before adopt a proposec the resol (Added b? Derivatk Computatu Parks dedii § 3850^ The re; of gener newspap* county, uously n (Added by § 54.) Derlvatio Parks dedic Publication, § 38505 At the ti and pass < the legisk and a ne (Added by Derivatioi Parks dedic. DISCONTINUANCE OF PARKS § 38505 Div. 3 Historical Note Derivation: Stats. 1939, c. 1107, p. 3038, § 1. Cross References Special election defined, see Elections Code § 27. § 38503. Resolution of Intention; adoption; contents Before abandoning all or a part of such park, the legislative body shall adopt a resolution of intention, describing the park of the portion of it proposed to be abandoned and fixing a time, at least 30 days after adoption of the resolution, when it will meet to take final action. (Added by Stats.1953, c. 170, p. 1100, § 22.) Historical Note Derivation: Stats. 1939, c. 1107, p. 3039, § 2. Cross References Computation of time, see § 6800 et seq. Parks dedicated by city, similar provisions, see § 38443. § 38504. Resolution of Intention; publication and posting The resolution shall be published pursuant to Section 6063 in a newspaper of general circulation published in the city or, if there is none, in any newspaper designated by the legislative body which is published in the county. Not less than four copies of the resolution shall be posted conspic- uously not more than 100 feet apart along the boundaries of the park. (Added by Stats.1953, c. 170, p. 1100, § 22. Amended by Stats.1957, c. 357, p. 1022, § 54.) Historical Note Derivation: Stats. 1939, c. 1107, p. 3039, § 3. Cross References Parks dedicated by city, similar provisions, see §§ 38445, 38446. Publication, see § 6000 et seq. § 38505. Objections; hearing; termination of proceedings At the time stated in the resolution, the legislative body shall meet, and hear and pass on objections to the abandonment of all or a portion of the park. If the legislative body sustains the objections, the proceedings shall terminate, and a new resolution of intention shall not be adopted for six months. (Added by Stats.1953, c. 170, p. 1100, § 22.) Historical Note Derivation: Stats. 1939, c. 1107, p. 3039, § 4. Cross References Parks dedicated by city, similar provisions, see §§ 38449, 38450. 783 § 38506 CITY GOVERNMENT Title 4 § 38506. Jurisdiction If all objections are overruled, the legislative body has jurisdiction to order all or any portion of the park abandoned and the land sold. (Added by Stats.1953, c. 170, p. 1100, § 22.) Historical Note Derivation: Stats. 1939, c. 1107, p. 3039, § 5. Cross References § 38507. Assistants to sell land; employment; compensation The legislative body may employ any legal or other assistants that it deems necessary to sell the land for the best advantage of the city, and may fix and pay their compensation. (Added by Stats.1953, c. 170, p. 1100, § 22. Amended by Stats.1981, c. 714, p. 2661, § 182.) Historical Note Derivation: Stats. 1939, c. 1107, p. 3039, § 6. Cross References Contracts for special services, see § 37103. § 38508. Sale; time, price, terms, and interest The legislative body may order the land sold in one block or in lots or parcels, for cash or on credit, as it deems most advantageous to the city. Credit terms shall not exceed four years, and deferred payments shall bear a rate of interest of 6 percent a year. The legislative body shall determine when, at what price, and on what terms the land or any part of it shall be sold. (Added by Stats.1953, c. 170, p. 1101, § 22.) Historical Note Derivation: Stats. 1939, c. 1107, p. 3040, § 7. Library References Municipal Corporations 9=225(3). C.J.S. Municipal Corporations § 967. § 38509. Deed When authorized by a majority vote of the legislative body, the mayor and the city clerk shall sign, acknowledge, and deliver a deed to the land or part sold in the name and under the seal of the city. The deed when signed, acknowledged, and delivered conveys title to the land described in it. (Added by Stats.1953, c. 170, p. 1101, § 22.) Code Commission Notes "Mayor" includes president of the city council (Gov.C. 34002). 784 FIRE PROTECTION DIv. 3 Historical Note Derivation: Stats.1939, c. 1107, p. 3040, § 7. § 38510. Sale, effect on easements; reversion No abandonment or sale of a park pursuant to this article shall affect any private easement or other right in lands acquired or owned by any private person or corporation, nor shall such abandonment or sale affect any right, easement, or interest owned or under the control of any other governmental agency for public use other than park purposes. In the absence of an express or implied reservation of a right of reversion in the dedication or instrument of purchase, the park lands abandoned pursuant to this article shall not revert to private ownership. (Added by Stats.1953, c. 170, p. 1101, § 22.) Historical Note Derivation: Stats.1939, c. 1107, p. 3040, § 9. Cross References Reversion defined, see Civil Code § 768. Dedication «=>63(1). C.J.S. Dedication § 63. Library References Chapter 10 HEALTH AND SAFETY Article Section 1. Fire Protection 38600 2. Police Protection 38630 3. Building Ordinances 38660 4. Zoning and Construction Regulations [Repealed] 38690 5. Water 38730 5.5. Transfer of City Waterworks Systems 38750 6. Nuisances 38770 6.5. Reports of Residential Building Records 38780 7. Miscellaneous - 38790 Chapter 10 was added by Stats. 1949, c. 79, p. 182, § 1. Article 1 FIRE PROTECTION Section 38600. Engines and apparatus. 38601. Fire limits; building regulations. 38602 to 38610. Repealed. 38611. Establishment of fire department; chief; qualifications; members; compensa- tion. Article 1 was added by Stats. 1949, c. 79, p. 182, § 1. 785