CHAPTER 5. City Property

Chapter 5 added by Stats. 1949, Ch. 79.

§§ 37350–37685 · 156 sections

1. ARTICLE 1. General §§ 37350–37364 · 20 sections

   • § 37350 A city may purchase, lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the common benefit.
   • § 37350.5 A city may acquire by eminent domain any property necessary to carry out any of its powers or functions.
   • § 37351 The legislative body may purchase, lease, exchange, or receive such personal property and real estate situated inside or outside the city limits as is…
   • § 37351.5 (a) Prior to the entering into agreement to finance the lease or lease-purchase of property through the issuance of certificates of participation of lease…
   • § 37352 The legislative body may erect and maintain buildings for municipal purposes.
   • § 37352.1 After January 1, 1980, with respect to the construction, purchase, or lease of buildings which are located or will be located in a standard metropolitan…
   • § 37352.2 The requirements of Section 37352.1 shall be met if the legislative body has obtained from the transportation planning agency approval of its procedures and…
   • § 37353 The legislative body may acquire property needed for: (a) Parking motor vehicles. (b) Opening and laying out any street, alley, lane, or tunnel from the point…
   • § 37354 The legislative body may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or…
   • § 37355 If the terms of a gift, bequest, or devise do not prescribe or limit the uses to which the property received or the income or increase from it may be put, it…
   • § 37356 When the legislative body determines that the public interest or convenience requires the construction and maintenance of passageways or other structures under…
   • § 37357 By majority vote the legislative body may grant property owners or proprietors of manufacturing or industrial enterprises the right to construct, maintain, and…
   • § 37358 When the State has granted a city tide and submerged lands within its boundaries, it may grant any portion of such lands to the United States for public or…
   • § 37359 Unless otherwise provided by law, the legislative body having control of any property owned or controlled by the city may at any time withdraw the property…
   • § 37360 The legislative body of any city having jurisdiction over any tide, submerged, or reclaimed lands of the city, which lands or any interest therein are sought…
   • § 37361 (a) The legislative body may acquire property for the preservation or development of a historical landmark. The legislative body may also acquire property for…
   • § 37361.1 Notwithstanding anything in this chapter to the contrary, the legislative body may convey, upon such terms and conditions as it determines to be in the public…
   • § 37362 The Legislature hereby finds that many persons and families of low or moderate income, as defined by Section 50093 of the Health and Safety Code, cannot afford…
   • § 37363 When the legislative body of a city finds the public interest and convenience require the sale for less than the market price of residential property acquired…
   • § 37364 (a) The Legislature reaffirms its finding that the provision of housing for all Californians is a concern of vital statewide importance. The Legislature…
2. ARTICLE 2. Leases §§ 37380–37396 · 18 sections

   • § 37380 (a) A city may lease property owned or held or controlled by it, or any of its departments, for not to exceed 55 years. (b) Notwithstanding the 55-year…
   • § 37382 A city may lease city land used for agricultural or horticultural purposes upon which sewage or waste water is discharged for not to exceed twenty-five years.
   • § 37383 A city may lease city property not acquired for park purposes for not to exceed thirty-five years for the production of minerals, oil, gas, or other…
   • § 37384 Except when the state grant specifically provides otherwise, a city may lease tide or submerged lands for not to exceed fifty years.
   • § 37385 A city may lease tide and submerged lands, the wharves, docks, piers, and other structures or improvements on these lands, and as much of the uplands abutting…
   • § 37386 A city may lease such tide and submerged lands and uplands for: (a) Industrial uses. (b) Improvement and development of city harbors. (c) Construction and…
   • § 37387 When the legislative body deems that industrial use of such tidelands and uplands is inimical to the best interest of the city, it may lease them for park,…
   • § 37388 A city may lease property owned or held or controlled by it or any of its departments for not to exceed fifty years to any nonprofit corporation for a housing…
   • § 37389 A city may lease or sublease property owned, leased, or otherwise controlled by it for not to exceed fifty years for airport purposes or purposes incidental to…
   • § 37390 A city may lease sewage and sewage effluent for not to exceed fifty years.
   • § 37391 A city or any of its departments may lease or sublease land to the State or any of its political subdivisions, or any nonprofit corporation, for fair,…
   • § 37392 A city or any of its departments may lease or sublease land to the state for housing personnel and equipment, or to the State Adjutant General for military or…
   • § 37392.1 A city, district, or other public corporation, acting individually or jointly with others, may lease sewers and sewage treatment and disposal facilities, and…
   • § 37392.2 Notwithstanding Section 718 of the Civil Code, a city may lease any of its lands to a county, county water authoritiy, or special district for the purpose of…
   • § 37393 A lease of an interest in real property of a city shall be recorded in the office of the recorder of the county in which the property is located.
   • § 37394 A city or city and county may lease property owned, held or controlled by it for not to exceed 55 years, if the contemplated use of the property is for…
   • § 37395 A city may lease for not to exceed 55 years property owned, held, or controlled by it, or any of its departments, for commercial development for business…
   • § 37396 (a) A city, county, or city and county may lease property owned, held, or controlled by it for not to exceed 99 years, for stadium, park, recreational, fair,…
3. ARTICLE 3. Sale of Buildings and Sites §§ 37420–37430 · 11 sections

   • § 37420 The provisions of this article are alternative to Sections 37350 and 37351 of this code and any other authority granted by law to cities to dispose of…
   • § 37421 When the legislative body of a city finds the public interest and convenience require the sale of any public building and site dedicated to a public use, it…
   • § 37422 The resolution shall: (a) Fix a time for hearing protests to the sale. (b) Provide for publication of the notice of hearing. (c) Fix the time final action will…
   • § 37423 The resolution shall be published at least once in a daily newspaper published and circulated in the city or, if there is none, the legislative body shall…
   • § 37424 At any time prior to final action, any person interested may protest the proposed sale. The protest may be written and delivered to the clerk of the…
   • § 37425 If no protests are received or the legislative body overrules the protests by a four-fifths vote of its members, it may proceed with the sale.
   • § 37426 If four-fifths of the legislative body do not vote to complete the sale, it shall not take further steps for sale of the property for six months after final…
   • § 37427 The legislative body may adopt an ordinance calling and fixing the date of a special election at which the proposition of sale of the property will be…
   • § 37428 If a majority of the votes is for the proposition, the legislative body may sell the property.
   • § 37429 The legislative body may agree with the purchaser of the property that the city will remain in temporary occupancy after the sale until other arrangements have…
   • § 37430 If a legislative body sold property prior to May 23, 1945, by a proceeding substantially complying with this article, the sale is as effective as if it had…
4. ARTICLE 3.5. Sale and Leases of Airports §§ 37440–37444 · 5 sections

   • § 37440 The provisions of this article are alternative to Sections 37350 and 37351 of this code and any other authority granted by law to cities to dispose of…
   • § 37441 This article applies only to a municipal airport or property owned by a city for the purposes specified in Section 37442, which property is restricted, under…
   • § 37442 Pursuant to this article the legislative body of a city may sell, or lease for a term not exceeding 20 years with an option to purchase, any municipal airport…
   • § 37443 In any sale or lease of property with option to purchase, made or entered into pursuant to Section 37442, the purchase price for any property sold or the…
   • § 37444 No sale or lease of any property with option to purchase shall be made or entered into pursuant to Section 37442 except when previously authorized by ordinance…
5. ARTICLE 4. Veterans’ Homes §§ 37460–37468 · 8 sections

   • § 37460 As used in this article, “veteran” means a soldier, sailor, airman, guardian, or marine who has served the United States honorably in any of its wars.
   • § 37461 A city may provide and maintain homes for veterans. It may also provide and maintain buildings, memorial halls, and meeting places for veterans’ patriotic,…
   • § 37462 The legislative body may acquire real or personal property necessary for such buildings, by condemnation or otherwise. It may improve, manage, and control such…
   • § 37463 The legislative body may furnish sites for such buildings, and may use any portion of a public lot, block, or park for such purpose.
   • § 37464 The legislative body may purchase, lease, construct, furnish, or repair such buildings. It may provide all necessary employees and supplies for the proper…
   • § 37466 The legislative body may establish a fund for the purposes of this article, and transfer money from the general fund to such fund as it deems necessary.
   • § 37467 The city may incur a bonded indebtedness for the purposes of this article.
   • § 37468 To accomplish the objects of this article, the city may combine with the county in which it is situated and hold property and expend money jointly with the…
6. ARTICLE 5. Assembly or Convention Halls §§ 37500–37506 · 7 sections

   • § 37500 Except as otherwise provided in this article, the provisions of Article 1 (commencing with Section 43600) of Chapter 4 of Division 4 apply to all proceedings…
   • § 37501 A city may acquire, by condemnation or otherwise, the necessary land and construct and maintain a public assembly or convention hall upon it, and may incur…
   • § 37502 The resolution initiating bonding proceedings may be enacted by majority vote of the legislative body.
   • § 37503 In addition to other required recitations, the ordinance calling the election shall recite the rate of interest to be paid on the indebtedness.
   • § 37504 The ordinance shall be published in a newspaper published in the city, once a day for five days if in a daily paper, or once a week for three successive weeks,…
   • § 37505 Money obtained from the use of such building shall be deposited in the city treasury to the credit of the proper fund and applied, in order, to the following…
   • § 37506 In cities not having a board of public works, by ordinance the legislative body may appoint a commission to select the site for the building, supervise its…
7. ARTICLE 6. Museums §§ 37541–37564 · 21 sections

   • § 37541 By ordinance, the legislative body may establish a public museum of natural and historical objects in a city where there is none.
   • § 37542 Upon receiving a petition signed by one-third of the city electors, the legislative body shall establish a museum in such a city. Where several petitions are…
   • § 37543 With the consent of the legislative body, the mayor shall appoint a board of five museum trustees to manage the museum.
   • § 37544 The trustees shall hold office for three years, and shall serve without compensation. The members of the first board shall classify themselves by lot so that…
   • § 37545 The board of museum trustees shall meet at least once a month at the time and place it fixes by resolution. Three trustees may call a special meeting by…
   • § 37546 A majority of the board constitutes a quorum for the transaction of business.
   • § 37547 The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the president’s absence, the…
   • § 37548 The board shall cause a proper record of its proceedings to be kept.
   • § 37549 At its first meeting the board shall cause a certificate to be filed with the State Superintendent of Public Instruction, showing the date the museum was…
   • § 37550 The board may make and enforce all regulations necessary for the administration and protection of the museum and museum property. Violations of such…
   • § 37551 If the board determines that the city legislative body has not provided suitable buildings for the museum, it may purchase real property and erect, or rent,…
   • § 37552 The board may administer any trust created for the museum. It may receive property situated in or out of the State by gift, devise, or bequest and hold it in…
   • § 37553 The board may appoint and prescribe the duties and powers of the curator, secretary, and other officers and employees of the museum. It may determine the…
   • § 37554 The board may purchase personal property, including necessary publications and objects of natural or historical value.
   • § 37555 The board may borrow objects of natural or historical value from, lend such objects to, and exchange them with, other museums. It may allow nonresidents to…
   • § 37556 The board may perform any other act necessary or proper to carry out the provisions of this article.
   • § 37560 If payment into the fund is inconsistent with the conditions of a gift, devise, or bequest, the board shall provide for the preservation of the money and its…
   • § 37561 Claims upon the fund shall be presented to the board for allowance. Such claims shall be paid as are other claims against the city.
   • § 37562 Subject to rules and regulations of the board, the museum shall be free to the inhabitants and nonresident taxpayers of the city.
   • § 37563 Unless inconsistent with the terms of its acquisition, the title to property acquired for museum purposes vests in the city. Actions involving the property…
   • § 37564 Upon receiving a petition signed by one-half of the city electors, the legislative body may repeal the ordinance establishing the museum. Upon repeal of the…
8. ARTICLE 7. Hospitals Managed by Board of Hospital Trustees §§ 37600–37625 · 48 sections

   • § 37600 This article applies only to cities where a municipal hospital has not been established.
   • § 37601 Upon receiving a petition signed by 15 percent of the city electors, the legislative body shall submit to the electors at a general or special election the…
   • § 37602 If a majority of the votes cast at the election is for the proposition, the municipal hospital is established.
   • § 37603 With the consent of the legislative body, the mayor shall appoint a board of seven hospital trustees to manage the hospital. Trustees may be residents or…
   • § 37604 The trustees shall hold office for three years. The members of the first board shall classify themselves by lot so that the terms of two trustees expire at the…
   • § 37604.1 The board of trustees shall serve without compensation except that the city council, by resolution adopted by a majority vote of the members of the city…
   • § 37604.2 Notwithstanding any other provision of law, the term of any member of the board of trustees shall expire if he or she is absent from three consecutive regular…
   • § 37605 The board of hospital trustees shall meet at least once a month at the time and place it fixes by resolution. The president, or in the absence of the…
   • § 37606 (a) Except as provided in this section or Section 37624.3, all of the sessions of the board of trustees, whether regular or special, shall be open to the…
   • § 37606.1 (a) When a municipal hospital established pursuant to this article is managed by a board of trustees that is appointed by the mayor, the city council may meet…
   • § 37607 The board shall appoint one of its members president. That member shall serve for one year and until a successor is appointed. In the president’s absence, the…
   • § 37608 The board shall cause a proper record of its proceedings to be kept.
   • § 37609 The board may make and enforce all regulations necessary for the administration, protection, and maintenance of the hospital and hospital property.
   • § 37609.1 (a) The rules of the hospital, established by the board of trustees pursuant to this article, shall include all of the following: (1) Provision for the…
   • § 37610 The board may establish a nurses’ training school in connection with the hospital, prescribe a course of study, and provide for the issuance of diplomas to…
   • § 37611 The board may purchase any property necessary for equipping a hospital and nurses’ home.
   • § 37612 If the board determines that the city legislative body has not provided suitable buildings for the hospital, it may purchase real property and erect, or rent,…
   • § 37612.1 Except as provided in this section, by resolution, the board of trustees of a municipal hospital may authorize the disposition of any surplus property of the…
   • § 37612.2 (a) Notwithstanding any other provision of law, a municipal hospital, or any affiliated nonprofit corporation upon a finding by the board of trustees of the…
   • § 37612.3 Notwithstanding any other provision of law, upon a recommendation by the board of trustees and upon a finding by the city council that it will be in the best…
   • § 37613 The board may administer any trust created for the hospital. It may receive property situated in or out of the State by gift, devise, or bequest and hold it in…
   • § 37614 The board may prescribe the duties and powers of the hospital administrator, secretary, and other officers and employees of the hospital. The officers and…
   • § 37614.1 Notwithstanding any other provision of this division, a municipal hospital may enter into a contract of employment with a hospital administrator, the duration…
   • § 37615 The board may perform any other act necessary to carry out the provisions of this article, including any thing which an individual might do which is necessary…
   • § 37615.1 Each local municipal hospital shall have and may exercise the following powers: (a) To purchase, receive, have, take, hold, lease, use, and enjoy property of…
   • § 37615.2 The board of trustees may purchase real property, and erect or rent and equip those buildings or building, room or rooms as may be necessary for the hospital.
   • § 37615.3 The board of trustees shall be responsible for the operation of all hospitals owned or leased by the city, according to the best interests of the public health…
   • § 37615.4 The board of trustees, with the consent of the city council, may provide for the operation and maintenance through tenants of the whole or any part of any…
   • § 37615.5 (a) The board of trustees may do any of the following when it determines that the action is necessary for the provision of adequate health services to the…
   • § 37615.6 Notwithstanding the provisions of the Medical Practice Act, the board of trustees may contract with physicians and surgeons, health care provider groups, and…
   • § 37615.7 The municipal hospital may maintain membership in any local, state, or national group or association organized and operated for the promotion of the public…
   • § 37615.8 The board of trustees may, by resolution, change the name of the municipal hospital. The change in the name of the municipal hospital shall be effective upon…
   • § 37616 On or before July 31st in each year, the board shall report to the legislative body the condition of the hospital on June 30th preceding, with a statement of…
   • § 37617 If other provision has not been made for maintenance of the hospital, the legislative body may levy a special tax, pursuant to Article 3.5 (commencing with…
   • § 37618 Instead of the tax levy, the city legislative body may raise the necessary funds by a bond issue pursuant to Article 1 (commencing with Section 43600) of…
   • § 37618.1 Exclusively for the purpose of securing state insurance of financing for the construction of new health facilities, the expansion, modernization, renovation,…
   • § 37618.2 A municipal hospital may borrow money and incur indebtedness in an amount not to exceed 85 percent of all estimated income and revenue for the current fiscal…
   • § 37618.3 All certificates of indebtedness or other evidence of indebtedness shall be issued after the recommendation by a three-fifths vote of the board of trustees of…
   • § 37618.4 (a) A municipal hospital may, by resolution adopted by a majority of the board of trustees, issue negotiable promissory notes to acquire funds for any…
   • § 37619 The revenue derived from the tax and money otherwise acquired for hospital purposes shall be placed in the hospital fund and expended for the purposes of this…
   • § 37620 If payment into the fund is inconsistent with the conditions of any gift, devise, or bequest, the board shall provide for the preservation of the money, and…
   • § 37621 The board may issue warrants for payments from the fund after due audit. The president and secretary of the board shall sign the warrants.
   • § 37622 The city treasurer shall pay the warrants without further order.
   • § 37623 Unless inconsistent with the terms of its acquisition, the title to property acquired for hospital purposes vests in the city. Actions involving the property…
   • § 37624 The board of trustees shall adopt reasonable rules and regulations, or bylaws, providing for appellate review of any action, decision, or recommendation of the…
   • § 37624.2 The governing body or the hearing officer, if one is appointed, shall have the same power with respect to the issuance of subpoenas and subpoenas duces tecum…
   • § 37624.3 The governing body of the hospital may order that the hearing pursuant to this article, and hearing on the reports on the hospital medical audit or quality…
   • § 37625 (a) A member of a municipal hospital’s medical or allied health professional staff who is an officer of the municipal hospital shall not be deemed to be…
9. ARTICLE 8. Hospitals Managed by City Legislative Body §§ 37650–37660 · 13 sections

   • § 37650 This article applies only to cities where a municipal hospital has not been established.
   • § 37650.1 Except as provided in this article, any hospital managed by a city legislative body and organized under this article shall have and may exercise any of the…
   • § 37650.2 (a) A city legislative body which operates a municipal hospital pursuant to this article shall meet as the hospital governing body at least once a month at the…
   • § 37651 Upon receiving a petition signed by 15 percent of the city electors, the legislative body may submit to the electors at a general or special election the…
   • § 37652 If a majority of the votes cast at the election is for the proposition, the municipal hospital is established.
   • § 37653 The legislative body may acquire real or personal property and construct and equip such buildings as it deems necessary and suitable for the conduct of the…
   • § 37654 The legislative body may maintain the hospital or provide for its operation and maintenance by tenants. The legislative body may enter into leases of all or…
   • § 37655 The legislative body may prescribe rules for the administration of the hospital and the terms upon which patients may be admitted to it.
   • § 37656 (a) The legislative body may appoint and fix the compensation of physicians, surgeons, and necessary officers and employees of the hospital. Officers and…
   • § 37657 In receiving a money donation, the city may agree to pay the donors interest not exceeding 7 percent a year upon the principal during the lifetime of the…
   • § 37658 The indebtedness shall be incurred and interest paid pursuant to Article 1 (commencing with Section 43600) of Chapter 4 of Division 4. The ordinance calling…
   • § 37659 The city may incur a bonded indebtedness pursuant to Article 1 (commencing with Section 43600) of Chapter 4 of Division 4, for the acquisition of real or…
   • § 37660 Annually the legislative body shall levy and collect a property tax for: (a) The maintenance of the hospital. (b) The payment of interest upon any indebtedness…
10. ARTICLE 9. Cemeteries §§ 37681–37685 · 5 sections

    • § 37681 The city legislative body may acquire and maintain cemeteries, situated outside or inside of the city.
    • § 37682 The legislative body may accept contributions of at least fifty dollars ($50) to be held in trust and the income used for the perpetual care of designated…
    • § 37683 The legislative body shall appoint the city clerk or a competent resident of the city to administer the fund. The person appointed shall execute an official…
    • § 37684 Money remaining in the fund after expenditures for care of the plots and payment to the person administering the fund shall be used for care of the roads,…
    • § 37685 If the city disincorporates, the trust fund shall be turned over to the board of supervisors of the county in which the cemetery is located. The board of…