CHAPTER 19. Surplus United States Property [40500. - 40592.]

Chapter 19 added by Stats. 1963, Ch. 1227.

§§ 40500–40592 · 80 sections

1. ARTICLE 1. Title and Policy §§ 40500–40502 · 3 sections

   • § 40500 This chapter shall be known as the Municipal Federal Surplus Property Authority Law.
   • § 40501 It is hereby declared to be the policy of the State that to promote the public interest, economy, health, safety, education and general welfare of the cities,…
   • § 40502 Such authority, when created, shall constitute a public corporation.
2. ARTICLE 2. Definitions §§ 40506–40518 · 12 sections

   • § 40506 Unless the provision or the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.
   • § 40507 “Authority” means a surplus property authority created pursuant to this chapter.
   • § 40508 “Local agency” means city, city and county, or county which creates the authority.
   • § 40509 “Clerk” means the clerk of the authority.
   • § 40510 “Contract” means a contract entered into by the authority for the purchase or other acquisition of surplus real property under the Federal Property and…
   • § 40511 “Commission” means the legislative body of the authority.
   • § 40512 “Commissioner” means a member of the commission.
   • § 40513 “Legislative body” means the city council or other legislative body of the local agency.
   • § 40515 “Person” includes any individual, firm, copartnership, association, corporation, trust, business trust or receiver or trustee or conservator for any thereof.
   • § 40516 “President” means the presiding officer of the commission.
   • § 40517 “Property” means any real property acquired pursuant to the Federal Property and Administration Services Act of 1949, or other federal law.
   • § 40518 “Treasurer” means the fiscal officer of the authority.
3. ARTICLE 3. Surplus Property Authority §§ 40520–40529 · 10 sections

   • § 40520 There is, in each city, city and county, or county of the State, a public corporation known as the “surplus property authority” of the city, city and county,…
   • § 40521 The authority shall not transact any business or exercise any powers unless and until the legislative body shall by ordinance declare that there is need for…
   • § 40522 The determination that there is need for an authority to function may be initiated by the legislative body on its own motion or upon the filing of a petition…
   • § 40523 In any suit, action, or proceeding by or against or in any manner relating to an authority, the authority shall be conclusively deemed to have become…
   • § 40524 At the time the authority becomes authorized to transact business and exercise its powers, and from time to time thereafter, the legislative body, subject to…
   • § 40525 Quarterly, semiannually, or annually, as the legislative body prescribes, the authority shall file with the legislative body a detailed report of all its…
   • § 40526 At least once annually the authority shall publish a statement of all its financial affairs, audited by independent certified public accountants. The statement…
   • § 40527 If within four years after the adoption of an ordinance declaring the need for an authority to function in a local agency, the authority has not acquired or…
   • § 40528 After adoption of an ordinance declaring there is no need for an authority to function, and while it is in effect, the legislative body may wind up the affairs…
   • § 40529 At any time after the activation of an authority, the legislative body by a two-thirds vote may adopt an ordinance transferring the property of the authority…
4. ARTICLE 4. Surplus Property Commission and Officers §§ 40530–40558 · 30 sections

   • § 40530 The legislative body shall be ex officio the governing body of the authority, and shall be known as the Surplus Property Commission.
   • § 40531 The members of the legislative body shall be the members of the commission, and shall be known as Surplus Property Commissioners.
   • § 40532 The presiding officer of the legislative body, or other member appointed by the commission, shall be the president of the Surplus Property Commission.
   • § 40533 The commission shall appoint as clerk of the authority, the clerk of the legislative body or other competent person.
   • § 40534 The commission shall appoint as treasurer of the authority, the treasurer of the local agency or other officer of the local agency that performs the duties of…
   • § 40535 The commission may appoint as manager of the authority, the manager or administrative officer of the local agency or other competent person.
   • § 40536 The commission may appoint as its attorney, engineer or other officer, the attorney, engineer, or other officer of the local agency, or other competent person.
   • § 40537 Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be…
   • § 40538 The bond of the treasurer of the local agency shall cover the treasurer’s duties as ex officio treasurer of the authority.
   • § 40539 If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.
   • § 40540 The commission shall fix the amount of compensation and provide for the payment of expenses of its other officers and employees.
   • § 40541 Within 30 days after the effective date of the ordinance provided in Section 40521, the commissioners shall meet and organize as a board of commissioners.
   • § 40542 The commission shall: (a) Designate the presiding officer of the legislative body or one of its members president. (b) Designate the clerk of the legislative…
   • § 40543 At its organization meeting the commission may transact any business of the authority.
   • § 40544 The commission is the governing body of the authority.
   • § 40545 The powers of the authority enumerated in this chapter shall, except as therein otherwise provided, be exercised by the commission.
   • § 40546 The commission shall act in the manner and subject to the laws provided for the legislative body.
   • § 40547 A majority of the commission shall constitute a quorum for the transaction of business.
   • § 40548 No ordinance, resolution or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the commission.
   • § 40549 Except where action is taken by the unanimous vote of all members present and voting, the ayes and noes shall be taken upon the passage of all ordinances,…
   • § 40550 The enacting clause of all ordinances passed by the commission shall be: “Be it ordained by the board of commissioners of (local agency) Surplus Property…
   • § 40551 All ordinances shall be signed by the president and attested by the clerk.
   • § 40552 All legislative sessions of the commission shall be subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1, Division 2, Title 5 of…
   • § 40553 The commission shall establish rules for its proceedings.
   • § 40554 Each member of the commission, or the clerk, may administer oaths and affirmations in connection with the taking of testimony at any hearing, investigation, or…
   • § 40555 The president shall: (a) Sign all contracts on behalf of the authority. (b) Perform other duties imposed by the commission.
   • § 40556 The clerk shall: (a) Countersign all contracts on behalf of the authority. (b) Perform other duties imposed by the commission.
   • § 40557 The manager, subject to the approval of the commission, shall: (a) Have full charge and control of the acquisition, maintenance, operation, improvement and…
   • § 40557.1 Where the local agency has established or establishes by ordinance a personnel system, merit system or civil service system, the authority and the commission…
   • § 40558 The treasurer shall install and maintain a system of auditing and accounting that shall completely and at all times show the financial condition of the…
5. ARTICLE 5. Powers §§ 40560–40568 · 9 sections

   • § 40560 An authority shall be managed under the provisions of this chapter and may exercise the powers therein expressly granted or necessarily implied therefrom.
   • § 40561 Each authority has the power generally to perform all acts necessary to carry out fully the provisions of this chapter.
   • § 40562 An authority has perpetual succession.
   • § 40563 An authority may adopt a seal and alter it at pleasure.
   • § 40564 An authority may make contracts to carry out the purposes of the authority.
   • § 40565 An authority may have construction or other work performed by contract or may otherwise do the work in the manner provided for the local agency.
   • § 40566 The authority may: (a) Sue and be sued, have a seal, and make and execute contracts and other instruments necessary or convenient to the exercise of its…
   • § 40567 The authority may: (a) Purchase, lease, obtain option upon, acquire by contract or grant, any real property as defined in Section 40517 or personal property…
   • § 40568 The authority shall not be bound by any contract made by the local agency with respect to acquisition or disposition of property which was concluded by the…
6. ARTICLE 6. Co-operation §§ 40570–40578 · 9 sections

   • § 40570 The authority may enter into a contract and otherwise co-operate with any federal agency or other federal officer, pursuant to the Federal Property and…
   • § 40571 The authority may enter into a contract for the purchase of said property over a period of years, not to exceed 40.
   • § 40572 The authority may obligate itself to pay the purchase price or installments thereof, in the manner and to the extent required under federal law.
   • § 40573 All revenues and income received from the sale or operation of said property, after providing for administration, maintenance and operation costs, shall be…
   • § 40574 The authority may enter into leases or contracts of sale of said properties or any part thereof for such periods of time as it deems will beneficially serve…
   • § 40575 The commission may, and, if required by any federal law, shall, cause the validity of its existence, or the right of any of its officers to perform their…
   • § 40576 The action provided in Section 40575 shall be brought against all persons, pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the…
   • § 40577 No contest of any thing or matter provided in this article shall be made other than in the time and manner herein specified.
   • § 40578 In any such action all findings of fact or conclusions of the commission upon all matters shall be conclusive unless the action was instituted within six…
7. ARTICLE 7. Bonds §§ 40581–40585 · 5 sections

   • § 40581 Pursuant to this chapter an authority may create a revenue bond indebtedness for the acquisition and construction of any improvements or property or facilities…
   • § 40582 Proceedings for the issuance of the bonds shall be had, the commission shall have such powers and duties, and the bondholders shall have such rights and…
   • § 40583 The clerk shall publish the revenue bond ordinance once in a newspaper of general circulation published in the city, city and county, or county and if there is…
   • § 40584 The revenue bond ordinance shall specify the total amount, denomination, method of maturity, and the rate or maximum rate of interest of said bonds, and in…
   • § 40585 The commission may pledge all or any part of the revenues which shall be derived by it from the sale and leasing of property.
8. ARTICLE 8. Financial §§ 40591–40592 · 2 sections

   • § 40591 It is the intention of this chapter that the authority shall pay all of the costs that it may incur from revenues derived from the sale, leasing and operation…
   • § 40592 The commission shall establish and collect rentals, which, with the proceeds of sales, will yield an amount sufficient: (a) To pay the costs of administration…