2010 California Code
Government Code
Article 1. General

GOVERNMENT CODE
SECTION 25550-25562



25550.  By unanimous vote, the board of supervisors of any county
owning real property situated in any city which is not used and is
not needed for any public purpose may convey it to the city for
public park purposes, without consideration other than the agreement
of the city to establish and maintain a public park on the property.




25550.5.  By unanimous vote, the board of supervisors of any county
owning any property situated in any city, which real property has
been improved for use as a public park, amusement or recreational
purposes, may, upon a finding that the park, amusement or
recreational area is local in character, convey such park, amusement
or recreational area to the city for public park, amusement or
recreational purposes without consideration other than the agreement
of the city to maintain such area as a public park, amusement or
recreational area for the benefit and use of all residents of the
county.
   By unanimous vote, the board of supervisors of any county, upon
transferring a park, amusement or recreational area pursuant to the
provisions of this section, may convey to the city for continued use
on that park, amusement or recreational area only such personal
property as is at the time of transfer located on said park,
amusement or recreational area. Such transfer may also be without
consideration other than the agreement of the city to maintain such
personal property for use on that park, amusement or recreational
facility.



25550.6.  Whenever property owned by any county and which is devoted
to or held for ultimate use for park, amusement or recreational
purposes is included within a city by annexation, the ownership and
control of such property shall remain in the county unless the board
of supervisors shall convey such property to the city as provided in
Section 25550.5.



25550.7.  Any property transferred to a city by a county pursuant to
agreement or condition that said area be developed or maintained or
both as a park, recreation or amusement area, whether under Section
25550 or Section 25550.5, may be modified by agreement of the city
and county releasing said area in whole or part from such agreement
or condition if the city agrees to devote said land so released to
public purposes and the city also agrees to acquire, develop and
maintain in perpetuity land mutually agreeable to the city and county
of substantially the same value and develop and maintain the same
exclusively to such purposes. Nothing contained in this section shall
prohibit a city from purchasing or condemning any property interest
of the county retained under Section 25550 or Section 25550.5. The
county's interest in said land shall be valued for the purpose of
sale or acquisition through condemnation at fee value of the land.
Any money received by the county from such a transfer shall be used
for park and recreation purposes.



25551.  If the legislative body of any city finds that any public
park, beach, golf course, or recreation ground belonging to the city
is being used by large numbers of residents of the county generally
who are not residents of the city, and that the use by the
nonresidents of the city necessitates the enlargement or improvement
or increases the cost of maintenance of the public park, beach, golf
course, or recreation ground, it may request financial assistance
from the county in which the city is situated by a resolution adopted
by a vote of four-fifths of all its elected members.



25552.  The resolution shall designate the public park, beach, golf
course, or recreation ground affected and state the amount required
for enlargement, improvement, or maintenance of the public park,
beach, golf course, or recreation ground. It shall also contain a
description of the property needed for the purpose of enlargement,
the nature of the proposed improvement, and its estimated total cost,
or the nature of the additional maintenance cost imposed by the use
by nonresidents of the city.



25553.  Upon receiving a certified copy of the resolution, if the
board of supervisors finds by four-fifths vote of all its members
that the enlargement or improvement of the public park, beach, golf
course, or recreation ground is of general county interest or that
the cost of maintenance is increased by reason of use by residents of
the county outside of the city, it may determine to extend aid to
the city for the purpose in an amount to be fixed by it by
resolution, but not exceeding the amount requested by the legislative
body of the city.


25554.  The aid may be given in the form of funds, property, or
services, but the total amount shall not exceed the amount available
from the funds of the county during the fiscal year in which the aid
is given.


25555.  The resolution of the board of supervisors is sufficient
authority for the county auditor to draw his warrant in favor of the
city for any sum of money specified in the resolution and for proper
action on the part of any county officer affected to carry out the
resolution.



25556.  The aid shall be used by the city within one year from the
time it is extended by the county and any sum or property remaining
at the end of the year shall be returned to the county.



25557.  A report showing the disposition of the aid shall be made by
the legislative body of the city to the board of supervisors within
one year from the time it is received.



25558.  To the end that its citizens may enjoy greater cultural,
educational, and recreational advantages, any county may provide
music free to the public in connection with the maintenance of
county-owned parks and playgrounds or upon any appropriate public or
patriotic occasion, and for these purposes the board of supervisors
may:
   (a) Designate, from time to time, a group of professional
musicians as the official county orchestra or band, or both, and
compensate them for their professional services.
   (b) Provide necessary equipment, including music and uniforms, for
the official county orchestra or band, or both, and provide a
suitable place with necessary custodians or attendants for keeping
the equipment.
   (c) Provide a suitable place or places for the rehearsal of or
concerts by the official county orchestra or band.
   (d) Enter into contracts with any professional musician or
organization sponsoring a professional orchestra or band to furnish
music.
   (e) Combine with any city within the boundaries of the county, in
the accomplishment of the purposes of this section and expend money
in conjunction with any city in accomplishing the objectives.
   (f) Establish a county orchestra or band fund and transfer from
the general fund to such fund, from time to time, such money as it
deems necessary.
   (g) Levy a special tax, pursuant to Article 3.5 (commencing with
Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, and
spend the proceeds for the purposes of this section.
   (h) Create a county band and orchestra commission to carry out, on
behalf of the board, any of the purposes and objects of this section
and from time to time determine the members, powers, and duties of
the commission.


25559.  The board of supervisors may:
   (a) Appropriate and expend money from the general or other
appropriate fund of the county to furnish music and supply musical
entertainment to the public, either by the employment of individual
musicians or by entering into contracts, with or without bids, with
orchestras, bands, symphony associations, or other organizations,
whenever desirable in its judgment in the maintenance and operation
of any stadium, exposition building, public pleasure ground, public
park, botanical garden, recreation center, county fair, memorial hall
or veterans' meeting place, or memorial park, or other county
buildings and places for public purposes. The board may furnish music
in the same manner for any public meeting, gathering, parade,
occasion, or patriotic memorial meeting or observance.
   (b) Appropriate and expend money from the fund raised by special
tax to exploit the resources of the county, and commonly known as the
"Exploitation fund," to furnish music, either inside or outside the
boundaries of the county, by entering into contracts, with or without
competitive bidding, with individual musicians, orchestra, symphony
associations, bands, or any other organization or corporation
maintaining a band, orchestra, or other musical group for the purpose
of furnishing free concerts to the public.
   The provisions of this section shall be applicable only to boards
of supervisors of counties having a population of nine hundred
thousand or over, as ascertained and determined by state law.




25560.  The board of supervisors may sell and convey to any school
district, high school district, or junior college district within the
county, without compensation or upon such compensation as the board
may determine, any portion of any land which was acquired by the
county by means of special assessment proceedings for park purposes,
if the portion of the land to be so sold or conveyed has not been
used by the public for park purposes for a period of more than 10
years.


25560.4.  The board of supervisors of any county may, by a
four-fifths vote of the members, use or dedicate any portion of any
land acquired by the county by means of special assessment
proceedings for park purposes, for the erection and maintenance of
one or more buildings to house any municipal or superior court, or
one or more departments or divisions of any one or more of such
courts if the portion of the land to be so used or dedicated has not
been used by the public for park purposes for a period of more than
10 years.


25561.  The board of supervisors of any county, by ordinance, may
adandon land, lying outside of the corporate limits of any city,
which land has been dedicated for park purposes, by the recording of
a subdivision plat or map in the recorder's office, upon finding that
such land is not generally used by the public for park purposes,
that no public funds have been expended to improve the same as a
park, that no consideration has been paid for such land by any public
agency, and that the public interest will be served by such
abandonment. A recital in any ordinance enacted under this section
that the board of supervisors finds that such facts exist shall be
conclusive evidence of the existence thereof in favor of any
subsequent purchaser of said lands for a valuable consideration.
   After such abandonment, any interest in such land owned by the
county may be sold by the board of supervisors in the same manner as
other real property owned by the county and not required for county
purposes may be sold.
   No abandonment of any land dedicated for park purposes pursuant to
this section, nor any sale of such land pursuant to this section,
shall in any wise affect or impair any private easement or other
right in or to or over said lands acquired or owned by any private
person or corporation.



25562.  In counties having a population in excess of 250,000, the
board of supervisors may provide, by contract, with any person, firm,
or corporation, for performances within the county including, but
not limited to, operas, symphonies, band concerts and other
instrumental concerts, historical or commemorative pageants, choral
concerts, plays or other related presentations (with or without
music), ballet, dance, recitals, exhibitions, and readings. A charge
may be made for attendance at these performances. The contract shall
provide that the management and control of the performances shall be
under the supervision of the board of supervisors or shall provide
specifically for those matters which cannot legally be delegated by
the board of supervisors. The contract may also provide for the
reimbursement of the county, insofar as possible, out of any net
profits derived from the performance by the person, firm, or
corporation.
   In counties of the second class, as determined by Sections 28020
and 28023, the board of supervisors may provide, by contract, with a
nonprofit corporation organized under the laws of the State of
California, for the expenditure of county funds to aid in the
construction by the corporation of a theater or similar facility in
which the county does not have an ownership interest. This theater
may be used for the performance of plays, dramas, cultural, social,
educational, and other events and presentations of benefit to the
people of the county. The contract may permit admission fees to be
charged for events in the theater, but the contract shall require the
corporation to construct and operate the theater in a manner which
will insure that the county's funds are utilized for public purposes
of benefit to the people of the county.


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