CHAPTER 2. Property: Sale, Lease, Use, Gift, and Exchange [81250. - 81563.]
Heading of Chapter 2 repealed (by Sec. 3) and added by Stats. 1998, Ch. 657, Sec. 1.
§§ 81250–81563 · 120 sections
ARTICLE 1. General Provisions §§ 81250–81254 · 3 sections
- § 81250 (a) The governing board of a community college district may, after a public hearing on the matter, request the Board of Governors of the California Community…
- § 81252 (a) The Board of Governors of the California Community Colleges may approve any request for waiver upon finding that the waiver would promote efficiency and…
- § 81254 The Chancellor of the California Community Colleges shall annually report to the Governor and Legislature on the number, types, and disposition of waiver…
ARTICLE 1.5. Conveyances §§ 81300–81301 · 2 sections
- § 81300 The governing board of a community college district shall receive in the name of the district conveyances for all property received and purchased by it, and…
- § 81301 The governing board of a community college district shall have the power to execute and deliver quitclaim deeds, either with or without consideration to the…
ARTICLE 2. Dedication of Real Property §§ 81310–81315 · 6 sections
- § 81310 The governing board of a community college district may, pursuant to this article, dedicate or convey to the state, or any political subdivision or municipal…
- § 81311 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…
- § 81312 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…
- § 81313 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…
- § 81314 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…
- § 81315 Whenever community college districts are required to improve and dedicate real property to the centerline of streets or highways adjacent to a school site or…
ARTICLE 3. Leasing School Buildings §§ 81330–81351 · 14 sections
- § 81330 Any community college district may enter into leases and agreements relating to real property and buildings to be used by the district pursuant to this…
- § 81331 As used in this article “lease or agreement” shall include a lease purchase agreement.
- § 81332 Before the governing board of a community college district enters into a lease or agreement pursuant to this article, it shall have available a site upon which…
- § 81334 Sections 81360 to 81378, inclusive, shall not apply to leases made pursuant to this article.
- § 81335 The governing board of a community college district may let, at a minimum rental of one dollar ($1) a year, to any person, firm, or corporation any real…
- § 81336 The governing board of a community college district may enter into an agreement with any person, firm, or corporation under which such person, firm, or…
- § 81344 After the governing board of a community college district has complied with Section 81332, it shall, in a regular open meeting, adopt a resolution declaring…
- § 81345 As an alternative to obtaining sealed proposals as required by Sections 81336 and 81344, the governing board, in a public meeting, may adopt a resolution…
- § 81346 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…
- § 81347 All such bonds, notes, warrants or other evidences of indebtedness referred to in Section 81346 and the interest thereon are exempt from all taxation in the…
- § 81348 Any building constructed for the use of a community college district pursuant to this article is subject to Sections 81130 to 81144, inclusive.
- § 81349 For the purposes of Sections 15102 and 15106, 50 percent of any remaining payments for use of the building or site and building which would become due from the…
- § 81350 The governing board of the community college district shall obtain the general prevailing rate of per diem wages from the Director of the Department of…
- § 81351 The provisions of this article prevail over any provisions of law which conflict therewith.
ARTICLE 4. Sale or Lease of Real Property §§ 81360–81382 · 23 sections
- § 81360 The governing board of a community college district may sell any real property belonging to the district or may lease for a term not exceeding 99 years, any…
- § 81361 The governing board of a community college district that has by majority vote established a standard rate or rates for the lease pursuant to this article of…
- § 81363 The funds derived from the sale or from a lease with an option to purchase shall be used for capital outlay or deferred maintenance; provided, however, that…
- § 81363.5 Except as provided for in Article 9 (commencing with Section 81190) of Chapter 1, the sale or lease with an option to purchase of real property by a community…
- § 81364 Any lease may be made upon such consideration or for such rental, as is authorized by the action of the governing board.
- § 81365 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…
- § 81366 In lieu of the declaration of intention to lease real property provided in Section 81365, the governing board of a community college district having an average…
- § 81367 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…
- § 81368 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…
- § 81369 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…
- § 81370 (a) At the time and place fixed in the resolution for the meeting of the governing body, all sealed proposals that have been received shall, in public session,…
- § 81371.5 Notwithstanding any other provision of this article, the board of governors may authorize the governing board of any community college district within Orange…
- § 81372 (a) The governing board by majority vote may adopt a rule delegating to an officer or employee of the district the authority to perform the duties required to…
- § 81374 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…
- § 81375 The governing body may at the session, if it deems it would be for the best public interest, reject any and all bids, and withdraw the property from sale or…
- § 81376 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…
- § 81377 Nothing in Sections 81360 to 81363, inclusive, shall prevent the governing board of a community college district from acquiring, leasing or subleasing property…
- § 81378 The governing board of a community college district, without complying with any other provision of this article, may lease in the name of the district any…
- § 81378.1 (a) The governing board of a community college district may, without complying with any other provision of this article, let, in the name of the district, any…
- § 81379 In addition to any other authority to lease real property, the governing board of a community college district, by a two-thirds vote of its members, may lease,…
- § 81380 The governing board of a community college district may, with the approval of the county board of supervisors, sell or lease any building of the district…
- § 81381 The governing board of a community college district may lease property in an adjoining district for garage, warehouse, or other utility purposes or may…
- § 81382 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…
ARTICLE 5. Joint Occupancy §§ 81390–81402 · 13 sections
- § 81390 Any community college district may enter into leases and agreements relating to real property and buildings to be used jointly by the district and any private…
- § 81391 Before the governing board of a community college district enters into a lease or agreement pursuant to this article, it shall own a site upon which a building…
- § 81392 The term of any lease or agreement entered into by a community college district pursuant to this article shall not exceed 66 years.
- § 81393 Sections 81360 to 81378, inclusive, shall not apply to leases made pursuant to this article.
- § 81394 The governing board of a community college district may let to any private person, firm, or corporation, any real property which belongs to the district if the…
- § 81395 Any lease of real property by a community college district to a private person, firm, or corporation pursuant to this article shall be upon such terms and…
- § 81396 Before entering into a lease or agreement pursuant to this article, the governing board of a community college district shall comply with the provisions of…
- § 81397 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,…
- § 81398 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…
- § 81399 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…
- § 81400 (a) After considering all proposals submitted, the governing board of the community college district shall have the authority, subject to the provisions of…
- § 81401 Any building constructed for the use of a community college district pursuant to this article is subject to Sections 81130 to 81144, inclusive, and all other…
- § 81402 The provisions of this article prevail over any provisions of law which conflict therewith.
ARTICLE 6. Joint Use, School Property §§ 81420–81423 · 4 sections
- § 81420 A community college district may enter into a lease or agreement with a city, county, or city and county for the joint occupancy, or a private education…
- § 81421 As used in this article, “building” includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for…
- § 81422 Prior to entering into a lease or agreement pursuant to this article, the community college district governing board shall determine that the proposed joint…
- § 81423 No such lease or agreement shall exceed a term of five years, but may be renewed on the same or different conditions at the end of such term.
ARTICLE 7. Sale or Lease Between Agencies §§ 81430–81433 · 4 sections
- § 81430 The governing boards of any community college district may sell, exchange, grant or quitclaim all or any of its interest in, or may lease for a term not…
- § 81431 Any sale, exchange, lease or grant of an interest in real property by a community college district pursuant to Section 81430 shall be upon such terms and…
- § 81432 The board shall not enter into and be a party to any such sale, exchange, or lease unless the following conditions have been met: (a) A resolution authorizing…
- § 81433 In any lease made pursuant to this article, it shall be competent to provide that the community college district lessee may purchase the property at an agreed…
ARTICLE 8. Gift or Lease of District Property § 81440 · 1 section
- § 81440 Notwithstanding any other law, no governing board of a community college district shall do either of the following: (a) Make a gift of district real property…
ARTICLE 9. Sale of Personal Property §§ 81450–81460 · 12 sections
- § 81450 (a) The governing board of any community college district may sell for cash any personal property belonging to the district if the property is not required for…
- § 81450.5 Notwithstanding Sections 81450 and 81452, a community college district may, without providing the notice required by Section 81450, exchange for value, sell…
- § 81451 Notwithstanding the provisions of Section 81450, the governing board of a community college district may, with the consent of a county purchasing agent,…
- § 81452 (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…
- § 81453 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.
- § 81454 The governing board of any community college district may dispose of personal property belonging to the district for the purpose of replacement by providing in…
- § 81455 The governing board of any community college district may enter into contracts with manufacturers or suppliers for the exchange of household appliances and…
- § 81456 The governing board of any community college district may, when calling for bids and letting contracts for constructing new school buildings, or repairing,…
- § 81457 The governing board of a community college district may authorize any officer or employee of the district to sell to any student personal property of the…
- § 81458 The governing board of a community college district may sell to persons enrolled in classes for adults maintained by the district materials that may be…
- § 81459 A community college district may, in accordance with regulations adopted by the governing board of the district and for educational use, sell, give, or…
- § 81460 Notwithstanding any other provision of law, the governing board of any community college district owning land upon which agricultural products are grown may…
ARTICLE 10. Exchange of Real Property §§ 81470–81474 · 5 sections
- § 81470 The governing board of a community college district may exchange any of its real property for real property of another person or private business firm. Any…
- § 81471 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…
- § 81472 The board and the other party to the exchange each shall appoint one member of a board of appraisers, and the third member shall be selected by the county…
- § 81473 If the county superintendent of schools approves the report of the appraisers and the terms and conditions set forth in the resolution, the governing board…
- § 81474 At the time and place fixed in the published notice, the board shall meet and consider the report of the appraisers. It then may order the exchange pursuant to…
ARTICLE 11. Exchange of Property §§ 81480–81481 · 2 sections
- § 81480 The governing board of any community college district which has acquired title to property included within an application which has been approved by the State…
- § 81481 The governing board of any community college district owning real property or any interest or estate therein, a boundary line of which is uncertain or is in…
ARTICLE 12. Temporary Transfer of Water Stock §§ 81490–81492 · 3 sections
- § 81490 The governing body of any community college district owning shares of stock in a mutual water company, which stock is not appurtenant to any land, may rent,…
- § 81491 The rental, lease, or assignment of the shares of stock shall be made upon such consideration, and such terms and conditions, as may be fixed by action of the…
- § 81492 No rental, lease, or assignment of shares of stock shall be made until notice has been given by posting in at least three public places in the district for not…
ARTICLE 13. Ownership of Fixtures §§ 81500–81501 · 2 sections
- § 81500 When any territory withdrawn from a school district or community college district pursuant to this code contains a school building, site or real property, the…
- § 81501 If a dispute arises between the governing boards of the two districts concerned as to what constitutes fixtures, a board of arbitrators shall be appointed who…
ARTICLE 14. Leasing for Production of Gas §§ 81510–81512 · 3 sections
- § 81510 The governing board of a community college district may, upon complying with the provisions of this article, enter into and be a party to a community lease to…
- § 81511 The board shall not enter into and be a party to any such lease unless the following conditions have been met: (a) A resolution authorizing such action and…
- § 81512 No well for the production of gas shall be drilled on any land owned by the district and leased pursuant to this article.
ARTICLE 15. Lease and Lease-Purchase of Sites, Buildings, and Facilities §§ 81520–81532 · 15 sections
- § 81520 The provisions of this article shall govern the lease or lease-purchase of sites, buildings, and facilities by the governing board of community college…
- § 81521 For purposes of this article the following definitions shall govern: (a) “Temporary-use building” is any building for which the intended use by the district at…
- § 81522 (a) The governing board of a community college district may lease land for a term extending to the expected duration of use by the district. (b) Any lease…
- § 81523 (a) The governing board of a community college district may lease temporary-use buildings for a term extending to the expected duration of use by the district.…
- § 81523.5 (a) Notwithstanding subdivision (d) of Section 81523, in order to adequately assess long-term site viability, any temporary use building that is 50,000 square…
- § 81524 Any lease contract or agreement entered into pursuant to Section 81523 shall be subject to the condition that the site on which any temporary-use building is…
- § 81525 Any lease contract or agreement entered into pursuant to Section 81523 may provide for the joint use and occupancy by any public or private entity.
- § 81526 (a) The governing board of a community college district may lease relocatable structures for a term extending to the expected duration of use by the district,…
- § 81527 In any lease made pursuant to Section 81526, it shall be competent to provide that the community college district lessee may purchase the relocatable structure…
- § 81528 Any lease contract or agreement entered into pursuant to Section 81526 shall be subject to the following conditions: (a) A leased relocatable structure in…
- § 81529 (a) Notwithstanding any other provision of law to the contrary, the governing board of a community college district may designate a building, which is…
- § 81530 The governing board of a community college district may do all of the following: (a) Lease buildings and other facilities, such as administrative offices,…
- § 81530.5 (a) Notwithstanding Section 81530, or any other provision of law, a community college district may lease an offsite commercial building that does not meet the…
- § 81531 Any lease or lease-purchase contract or agreement executed prior to the effective date of this article shall remain in full force and effect. The renewal of…
- § 81532 Notwithstanding any limitations or requirements imposed by this article upon the leasing or renewal of leasing of relocatable structures on and after August…
ARTICLE 16. Leasing of Equipment §§ 81550–81553 · 4 sections
- § 81550 A community college district may, as lessee, enter into a lease or lease-purchase agreement for equipment or service systems with any person, firm, corporation…
- § 81551 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…
- § 81552 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…
- § 81553 As a lessor, a community college district governing board is authorized to let, or let with option to purchase, any land, buildings, or equipment it determines…
ARTICLE 17. Los Angeles Community College District Affordable Housing Pilot Program §§ 81560–81563 · 4 sections
- § 81560 For purposes of this article, the following definitions apply: (a) “Affordable housing for students or employees” means a housing development with a majority…
- § 81561 (a) (1) The governing board of the Los Angeles Community College District shall develop and implement a pilot program, pursuant to this article, to provide…
- § 81562 (a) The governing board of the Los Angeles Community College District may let to any nonprofit entity, private person, firm, or corporation, any real property…
- § 81563 This article shall remain in effect only until January 1, 2033, and as of that date is repealed.