CHAPTER 4. Property: Sale,Lease, Exchange [17385. - 17561.]
Chapter 4 added by Stats. 1996, Ch. 277, Sec. 3.
§§ 17385–17561 · 160 sections
ARTICLE 1. Conveyances §§ 17385–17386 · 2 sections
- § 17385 The governing board of any school district shall receive in the name of the district conveyances for all property received and purchased by it, and shall make…
- § 17386 The governing board of any school district shall have the power to execute and deliver quitclaim deeds, either with or without consideration to the owners of…
ARTICLE 1.5. Advisory Committees §§ 17387–17391 · 5 sections
- § 17387 It is the intent of the Legislature that leases entered into pursuant to this chapter provide for community involvement by attendance area at the district…
- § 17388 The governing board of any school district may, and the governing board of each school district, prior to the sale, lease, or rental of any excess real…
- § 17389 A school district advisory committee appointed pursuant to Section 17388 shall consist of not less than seven nor more than 11 members, and shall be…
- § 17390 The school district advisory committee shall do all of the following: (a) Review the projected school enrollment and other data as provided by the district to…
- § 17391 Notwithstanding Section 17388, the governing board of a school district may elect not to appoint a school district advisory committee pursuant to Section 17388…
ARTICLE 2. Leasing Property §§ 17400–17429 · 32 sections
- § 17400 (a) Any school district may enter into leases and agreements relating to real property and buildings to be used by the school district pursuant to this…
- § 17401 As used in this article “lease or agreement” shall include a lease-purchase agreement.
- § 17402 Before the governing board of a school district enters into a lease or agreement pursuant to this article, it shall have available a site upon which a building…
- § 17403 The term of a lease or agreement entered into by a school district pursuant to this article shall not exceed 99 years.
- § 17404 Sections 17455 to 17480, inclusive, shall not apply to leases made pursuant to this article.
- § 17405 Any lease or agreement shall be subject to the following requirements: (a) A building or structure that is to be used for school purposes shall be subject to…
- § 17406 (a) (1) Notwithstanding Section 17417, the governing board of a school district may let, for a minimum rental of one dollar ($1) a year, to a person, firm, or…
- § 17407 (a) The governing board of any school district may enter into an agreement with any person, firm, or corporation under which that person, firm, or corporation…
- § 17407.5 (a) The governing board of a school district shall not enter into an agreement pursuant to Section 17406 or 17407 with any entity unless the entity provides to…
- § 17407.7 The requirements of Sections 17406, 17407, and 17407.5 shall apply to any agreement entered into by a county board of education, county office of education, or…
- § 17408 The governing board of a school district shall call and hold an election, pursuant to Section 17409 or 17412, before or after entering a lease or agreement, as…
- § 17409 Before entering into a lease or agreement pursuant to this article, the governing board of the district shall call, hold, and conduct an election in the manner…
- § 17410 (a) If, at an election held pursuant to Section 17409, or the predecessor to that section, a majority of the electors voting on the proposition voted “Yes,”…
- § 17411 The governing board of the district, if the district proposes at an election held pursuant to Section 17409 to lease more than one building, may include in the…
- § 17412 An election held pursuant to Section 17409 or Section 17413 shall be held in conjunction with either a statewide primary or general election, or an election…
- § 17413 In lieu of calling an election pursuant to Section 17409, the governing board of a school district may call an election pursuant to this section. Within 10…
- § 17414 If, at the election held pursuant to Section 17409 or Section 17413, a majority of the electors voting on the proposition vote “Yes,” the governing board may…
- § 17415 Whenever the electors of a school district, at an election held pursuant to Section 17409 or 17413, have approved an increase in the maximum tax rate of the…
- § 17416 (a) Unless the time allowed for the governing board to enter into the lease agreement is extended pursuant to subdivision (b), if the governing board of the…
- § 17417 After the governing board of a school district has complied with Section 17402, it shall, in a regular open meeting, adopt a resolution declaring its intention…
- § 17418 (a) As an alternative to obtaining sealed proposals as required by Sections 17407 and 17417, the governing board may, in a public meeting, adopt a resolution…
- § 17419 Any bonds, notes, warrants, or other evidences of indebtedness to be issued by a nonprofit corporation to finance the construction of a building pursuant to a…
- § 17420 All bonds, notes, warrants or other evidences of indebtedness referred to in Section 17419 and the interest thereon, and all bonds, notes, warrants, or other…
- § 17421 Any building constructed for the use of a school district pursuant to this article is subject to Sections 17280 to 17313, inclusive.
- § 17422 For the purposes of Sections 15102 and 15106 and Chapter 6 (commencing with Section 16000) of Part 10, 50 percent of any remaining payments for use of the…
- § 17423 No district shall enter into any lease or agreement pursuant to this article if at the time 50 percent of any remaining rental payments for use of the building…
- § 17424 The governing board of the school district shall obtain the general prevailing rate of per diem wages from the Director of the Department of Industrial…
- § 17425 The provisions of this article prevail over any provisions of law which conflict therewith.
- § 17426 All acts and proceedings taken prior to the effective date of the enactment of this section, by or on behalf of any district under this article, or under color…
- § 17427 The State Allocation Board shall consider community school pupils housed in leased facilities that do not conform to the requirements of Part 2 (commencing…
- § 17428 The governing board of a school district may lease property in an adjoining school district for garage, warehouse, or other utility purposes or may purchase…
- § 17429 (a) This section shall apply only to a school district in which the electorate authorizes an increase in the maximum tax rate of the district pursuant to this…
ARTICLE 2.5. Leasing Facilities §§ 17430–17447 · 18 sections
- § 17430 Notwithstanding any other law, the governing board of any school district may enter into a lease or agreement for any school facilities pursuant to this…
- § 17431 Notwithstanding any other law, an owner’s development lien created pursuant to this article is a covenant for the benefit of the school district or districts…
- § 17432 The sale of bonds for the accomplishment of a school facilities plan shall be subject to the approval of the State Treasurer. Prior to the sale of any bonds,…
- § 17433 Any rental payments required by any lease or agreement entered into pursuant to this article may be paid in annual installments or may be prepaid from state…
- § 17434 Whenever the governing board determines that a lease or agreement should be entered into with a nonprofit corporation, the board shall adopt a resolution of…
- § 17435 Subsequent to the adoption of the resolution pursuant to Section 17434, the secretary of the school district shall mail a copy of such resolution to each owner…
- § 17436 No sooner than 30 days from the date mailing occurs pursuant to Section 17435, the governing board of the school district may consider all written objections…
- § 17437 The resolution ordering implementation of the school facilities plan shall state the following: (a) A legal description of the real property to which an…
- § 17438 After adoption of the resolution ordering implementation of the school facilities plan, the resolution shall be recorded with the county recorder of the county…
- § 17439 No sooner than 90 days from the date a resolution is recorded pursuant to Section 17438, a nonprofit corporation which has entered into a lease or agreement…
- § 17440 Except as provided in Section 2192.1 of the Revenue and Taxation Code, an owner’s development lien imposed for the purposes of this article shall have the same…
- § 17441 Additional territory may be added to the area described as being benefited by the school facilities plan in the discretion of the governing board, provided the…
- § 17442 The governing board may bill and collect pursuant to the owner’s development lien and collect payments from the owners of all property subject to an owner’s…
- § 17443 An owner’s development lien may be released by the governing board, provided funds are deposited with the board to pay the unpaid principal amount of the lien,…
- § 17444 (a) Any installment of an owner’s development lien created pursuant to this article shall become delinquent 30 days following billing thereof if unpaid, or if…
- § 17445 Any action to contest the validity of this article may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of…
- § 17446 Notwithstanding any other provision contained in this article, and as an alternative method of accomplishing the purposes of this article, owner’s development…
- § 17447 (a) As an alternate provision, owner’s development liens previously imposed upon a particular parcel or parcels of property which are subsequently subdivided…
ARTICLE 3. Leasing of Equipment §§ 17450–17453.1 · 5 sections
- § 17450 Any school district or any county superintendent of schools may, as lessee, enter into a lease or lease-purchase agreement for equipment or service systems…
- § 17451 Before a lease or lease-purchase agreement may be entered into the lessee shall comply with all applicable provisions for bids and contracts prescribed by…
- § 17452 The term of any lease or lease-purchase agreement shall not exceed the estimated useful life of the item but in no event shall the term exceed 10 years. A…
- § 17453 As a lessor, a school district governing board is authorized to let, or let with option to purchase, any land, buildings, or equipment it determines is not…
- § 17453.1 (a) Notwithstanding any other provision of law, a school district may sell or lease Internet appliances or personal computers to parents of pupils within the…
ARTICLE 4. Sale or Lease of Real Property §§ 17455–17484 · 35 sections
- § 17455 The governing board of any school district may sell any real property belonging to the school district or may lease for a term not exceeding 99 years, any real…
- § 17456 Notwithstanding Section 17455, the sale by the governing board of a school district of any real property belonging to the school district or the lease by that…
- § 17457 Notwithstanding any other provision of this part, in connection with a sale, sale back, lease, or leaseback of school district property, no proceeds obtained…
- § 17457.5 (a) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, the governing board of a…
- § 17458 (a) Notwithstanding Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code, the governing board of a…
- § 17459 The sale of real property pursuant to this article shall be subject to the provisions of Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of…
- § 17460 (a) Notwithstanding subdivision (c) of this section or Sections 17456, 17457, and 42133, the West Contra Costa Unified School District, formerly known as the…
- § 17461 (a) The governing board of any school district that has, by majority vote, established a standard rate or rates for the lease pursuant to this article of its…
- § 17462 (a) The funds derived from the sale of surplus property shall be used for capital outlay or for costs of maintenance of school district property that the…
- § 17462.3 (a) The State Allocation Board may establish a program that requires a school district, county office of education, or charter school that sells real property…
- § 17462.7 The board shall reduce an apportionment of hardship assistance awarded to a school district pursuant to Article 8 (commencing with Section 17075.10) by an…
- § 17463 Notwithstanding Section 17462, a school district having an average daily attendance of less than 10,001 in any fiscal year may deposit any and all interest…
- § 17463.5 (a) For purposes of this section, “designated school district” means the Inglewood Unified School District, the Oakland Unified School District, the South…
- § 17463.7 (a) Notwithstanding any other law, a school district may deposit the proceeds from the sale or lease of surplus real property, together with any personal…
- § 17464 Except as provided for in Article 2 (commencing with Section 17230) of Chapter 1, the sale or lease with an option to purchase of real property by a school…
- § 17465 (a) As used in this section, the terms “district,” “special education local plan area,” and “county office” have the same meaning as prescribed by Part 30…
- § 17466 Before ordering the sale or lease of any property the governing board, in a regular open meeting, by a two-thirds vote of all its members, shall adopt a…
- § 17467 (a) In lieu of the declaration of intention to lease real property provided in Section 17466, the governing board of any school district having an average…
- § 17468 If, in the discretion of the board, it is advisable to offer to pay a commission to a licensed real estate broker who is instrumental in obtaining any…
- § 17469 Notice of the adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the…
- § 17470 (a) The governing board of a school district that intends to sell real property pursuant to this article shall take reasonable steps to ensure that the former…
- § 17471 Whenever it is proposed to lease real property and the governing board unanimously determines in the resolution that in its opinion, the monthly rental value…
- § 17472 At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals which have been received shall, in public session, be…
- § 17473 Before accepting any written proposal, the board shall call for oral bids. If, upon the call for oral bidding, any responsible person offers to purchase the…
- § 17474 In the event of a sale on a higher oral bid to a purchaser procured by a licensed real estate broker, other than the broker who submitted the highest written…
- § 17475 The final acceptance by the governing body may be made either at the same session or at any adjourned session of the same meeting held within the 10 days next…
- § 17476 The governing body may at the session, if it deems such action to be for the best public interest, reject any and all bids, either written or oral, and…
- § 17477 (a) (1) If the governing board has complied with the provisions of this article, and no proposals are submitted or the proposals submitted do not conform with…
- § 17478 Any resolution of acceptance of any bid made by the governing body authorizes and directs the president of the governing body, or other presiding officer, or…
- § 17479 Nothing in Sections 17455 to 17542, inclusive, shall prevent the governing board of any school district from acquiring, leasing or subleasing property pursuant…
- § 17480 The governing board of any school district may, without complying with any other provision of this article, let in the name of the district any buildings,…
- § 17481 In addition to any other authority to lease real property, the governing board of a school district, by a two-thirds vote of its members, may lease, for a term…
- § 17482 The governing board of a school district may, with the approval of the county board of supervisors, sell or lease any building of the district together with…
- § 17483 The failure to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or encumbrancer for…
- § 17484 The governing board of any school district, constituting the governing body of an elementary district, a high school district, or any two of those districts,…
ARTICLE 5. Surplus School Playground, Playing Field, and Recreational Property §§ 17485–17500 · 16 sections
- § 17485 The Legislature is concerned that school playgrounds, playing fields, and recreational real property will be lost for those uses by the surrounding communities…
- § 17486 This article shall apply to any schoolsite owned by a school district, which the governing board determines to sell or lease, and with respect to which the…
- § 17487 As used in this article, “schoolsite” means a parcel of land, or two or more contiguous parcels, which is owned by a school district. “Governing board” means…
- § 17488 The governing board of any school district may sell or lease any schoolsite containing land described in Section 17486, and, if the governing board decides to…
- § 17489 (a) (1) Other than as specified in paragraph (2), and notwithstanding Section 54222 of the Government Code, the governing board of a school district, before…
- § 17490 In determining what portion of a schoolsite shall be offered for sale or lease pursuant to this article, the governing board may retain any part of the…
- § 17491 (a) Except as otherwise provided in subdivision (b) or (e), the price at which land described in Section 17486, excluding that portion of a schoolsite retained…
- § 17492 The governing body of a public agency which proposes to purchase or lease land from a school district pursuant to this article shall first make a finding,…
- § 17493 (a) No public agency may purchase surplus school property from a school district pursuant to this article unless it has first adopted a plan for the purchase…
- § 17494 Any land purchased or leased by a public agency pursuant to this article shall thereafter be maintained by such agency for playground, playing field, or other…
- § 17495 The sale or lease of land by a school district pursuant to this article shall be subject to, and governed by, the provisions of Article 2 (commencing with…
- § 17496 Failure by the school district to comply with the provisions of this article shall not invalidate the transfer or conveyance of real property to a purchaser or…
- § 17497 Notwithstanding the other provisions of this article, any school district governing board may designate not more than two surplus schoolsites as exempt from…
- § 17498 A school district having a schoolsite described in Section 17486 may, as an alternative to sale or lease of the land pursuant to the foregoing provisions of…
- § 17499 (a)No more than 30 percent of the total surplus school acreage owned by a school district may be purchased or leased by public agencies pursuant to this…
- § 17500 This article shall not apply to any school district having more than 250,000 pupils in average daily attendance.
ARTICLE 7. Leasing for Production of Gas §§ 17510–17512 · 3 sections
- § 17510 The governing board of a school district may, upon complying with this article, enter into and be a party to a community lease to which a city or other public…
- § 17511 The board shall not enter into and be a party to any lease unless the following conditions have been met: (a) A resolution authorizing that action and…
- § 17512 No well for the production of gas shall be drilled on any land owned by the district and leased pursuant to this article.
ARTICLE 8. Joint Occupancy §§ 17515–17526 · 12 sections
- § 17515 Any school district may enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private person,…
- § 17516 (a) Before the governing board of a school district enters into a lease or agreement pursuant to this article, it shall own a site upon which a building to be…
- § 17517 The term of a lease or agreement entered into by a school district pursuant to this article shall not exceed 99 years.
- § 17518 (a) The governing board of a school district may let to any private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of…
- § 17519 Any lease of real property by a school district to a private person, firm, local governmental agency, as defined in paragraph (3) of subdivision (f) of Section…
- § 17520 Before entering into a lease or agreement pursuant to this article, the governing board of a school district shall comply with Section 17521.
- § 17521 For the purposes of receiving proposals for the joint occupancy of a building to be constructed on school property, the board shall, in a regular open meeting,…
- § 17522 Notice of adoption of the resolution and the time and place of holding the meeting shall be given by publishing the resolution at least once a week for three…
- § 17523 At the time and place fixed in the resolution for the meeting of the governing board, the board shall meet and consider all plans and proposals submitted for…
- § 17524 (a) After considering all proposals submitted, the governing board of the school district may, subject to Section 17525, select the plan or proposal that best…
- § 17525 Any building constructed for the use of a school district pursuant to this article is subject to Sections 17280 to 17313, inclusive, and all other provisions…
- § 17526 The provisions of this article prevail over any provisions of law that conflict therewith.
ARTICLE 9. Joint Use §§ 17527–17535 · 9 sections
- § 17527 (a) The governing board of any school district may enter into agreements to make vacant classrooms or other space in operating school buildings available for…
- § 17528 As used in this article, “building” includes onsite and offsite facilities, utilities, and improvements which, as agreed upon by the parties, are appropriate…
- § 17529 Prior to entering into a lease or agreement pursuant to this article, the school district governing board shall determine that the proposed joint occupancy and…
- § 17530 The governing board of a school district entering into a lease pursuant to this article shall comply with the applicable provisions of Article 4 (commencing…
- § 17531 (a) Except as provided in subdivision (b) of this section and Section 17532, the amount of classroom space leased pursuant to this article in any schoolsite…
- § 17532 The governing board of a school district may lease vacant classroom space the total area of which exceeds the 30 percent districtwide limit of classroom space…
- § 17533 A local agency having general planning jurisdiction may require adherence to appropriate zoning ordinances, use permits, construction or safety codes, by a…
- § 17534 (a) Except as provided in subdivision (b), the term of any agreement entered into by a school district pursuant to this article shall not exceed five years.…
- § 17535 (a) Except as provided in subdivision (b), no agreement entered into by a school district pursuant to this article shall rent or lease vacant classrooms or…
ARTICLE 10. Exchange of Property §§ 17536–17538 · 3 sections
- § 17536 The governing board of a school district may exchange any of its real property for real property of another person or private business firm. Any exchange shall…
- § 17537 Before ordering any exchange of real property the board shall adopt, by a two-thirds vote of its members, a resolution declaring its intention to exchange the…
- § 17538 The governing board of any school district which has acquired title to property included within an application which has been approved by the State Allocation…
ARTICLE 13. Sale or Lease of Personal Property by One District to Another §§ 17540–17542 · 3 sections
- § 17540 The governing board of any school district may sell any personal property or school supplies belonging to the district to the federal government or its…
- § 17541 The provisions of Section 17540 shall be applicable to a sale of personal property from a unified school district whose boundaries are coterminous with a city…
- § 17542 The governing board of any school district may sell or lease used personal property belonging to the district to the federal government or its agencies, to the…
ARTICLE 14. Sale of Personal Property §§ 17545–17555 · 11 sections
- § 17545 (a) The governing board of any school district may sell for cash any personal property belonging to the district if the property is not required for school…
- § 17546 (a) If the governing board, by a unanimous vote of those members present, finds that the property, whether one or more items, does not exceed in value the sum…
- § 17547 The money received from the sale shall be placed to the credit of the fund from which the original expenditure for the purchase of the property was made or in…
- § 17548 The governing board of any school district may dispose of personal property belonging to the district for the purpose of replacement by providing in the notice…
- § 17549 The governing board of any school district may enter into contracts with manufacturers or suppliers for the exchange of household appliances and equipment…
- § 17550 The governing board of any school district may, when calling for bids and letting contracts for constructing new school buildings, or repairing, altering,…
- § 17551 The governing board of a school district may authorize any officer or employee of the district to sell to any pupil personal property of the district which has…
- § 17552 The governing board of a school district may sell to persons enrolled in classes for adults maintained by the district any materials that may be necessary for…
- § 17553 A school district may, in accordance with regulations adopted by the governing board of the district and for educational use, sell, give, or exchange for…
- § 17554 Notwithstanding any other provision of law, the governing board of any school district owning land upon which agricultural products are grown may enter into…
- § 17555 Notwithstanding any other provision of this article, the governing board of any school district may sell or lease any personal property belonging to the…
ARTICLE 15. Dedication of Real Property §§ 17556–17561 · 6 sections
- § 17556 The governing board of any school district may, pursuant to this article, dedicate or convey to the state, or any political subdivision or municipal…
- § 17557 Before ordering the dedication or conveyance of any property the governing board shall in regular open meeting by a two-thirds vote of all its members adopt a…
- § 17558 Notice of adoption of the resolution and of the time and place of holding the meeting shall be given by posting copies of the resolution signed by the members…
- § 17559 At the time and place fixed in the resolution for the meeting of the governing board the public hearing shall be held, and the governing board may at the…
- § 17560 A petition protesting against the proposed dedication or conveyance signed by at least 10 percent of the qualified electors of the district, as shown by the…
- § 17561 Whenever school districts are required to improve and dedicate real property to the centerline of streets or highways adjacent to a schoolsite or forming an…