Today's Law As Amended


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AB-3172 Park property: City of Modesto: Beard Brook Park.(2019-2020)



As Amends the Law Today


SECTION 1.
 (a) As used in this section, “department” means the Department of Parks and Recreation.
(b) It is the intent of the Legislature that the disposition of park property and the acquisition of replacement park property authorized under this act is for the sole purpose of increasing recreational opportunities in the City of Modesto.
(c) Notwithstanding any other law, the City of Modesto may dispose of all or a portion of Beard Brook Park acquired, developed, or improved with grant moneys from the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act) (Chapter 1.692 (commencing with Section 5096.300) of Division 5 of the Public Resources Code), subject to the acquisition of replacement park property, as approved by the department, to be used for park purposes, subject to all applicable requirements of that bond act, and at no cost to the state, if the city first fulfills all of the following requirements:
(1) The city obtains an independent appraisal of the fair market value of the park property to be disposed in Beard Brook Park, as approved by the department, and submits the appraisal to the department no later than November 1, 2020.
(2) The city obtains an independent appraisal of the fair market value of the proposed replacement park property to be acquired, as approved by the department, and submits the appraisal to the department no later than November 1, 2020.
(3) The fair market value of the proposed replacement park property is equal to or greater than the highest of the following:
(A) The original amount of the grant received by the city for the acquisition or development of Beard Brook Park.
(B) The fair market value of the park property to be disposed in Beard Brook Park.
(C) The actual sales price of the park property to be disposed in Beard Brook Park.
(4) The recreational utility to the public of the replacement park property is equal to or greater than that of the park property to be disposed in Beard Brook Park, as approved by the department.
(5) Before the city may dispose of any property within Beard Brook Park, the city shall enter into a written agreement with the department to transfer all of the city’s responsibilities and obligations pursuant to any grant contract applicable to Beard Brook Park to the replacement park property, in perpetuity.
(6) Before the city may dispose of any property within Beard Brook Park, the city shall enter into a written agreement with the department to transfer all of the city’s responsibilities and obligations pursuant to any grant contract applicable to Beard Brook Park to the replacement park property, in perpetuity.
(d) Property acquired pursuant to subdivision (c) shall be used for the Beard Tuolumne River Park purposes and shall be subject to all applicable requirements of the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000 (the Villaraigosa-Keeley Act).
(e) Property acquired pursuant to subdivision (c) shall be acquired before or simultaneous with disposing of the Beard Brook Park property described in subdivision (c).