reglab/statecodes huggingface dataset:
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81370.

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, be opened, examined, and declared by the board. Except as provided in subdivision (b), of the proposals submitted that conform to all terms and conditions specified in the resolution of intention to sell or to lease and that are made by responsible bidders, the sealed proposal that is the highest, after deducting therefrom the commission, if any, to be paid a licensed real estate broker in connection therewith, shall be finally accepted, unless the board rejects all of these bids.
(b) Notwithstanding subdivision (a), the governing board of any community college district may apply to the Board of Governors of the California Community Colleges for a waiver of the requirement that the governing board accept the highest responsible bid for the sale or lease of real property. The board of governors may grant a waiver pursuant to this subdivision if it determines that the waiver is in the best interests of the community college district.
(Amended by Stats. 2009, Ch. 390, Sec. 3. (AB 1240) Effective January 1, 2010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81371.5.

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 County to enter into a negotiated sale of real property owned by the district if that governing board previously opened the bidding process two or more times to sell the real property and did not accept any bids.
(Added by Stats. 1997, Ch. 57, Sec. 1. Effective January 1, 1998.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81372.

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 be performed by the governing board under Section 81370. If a delegation rule is adopted pursuant to this subdivision, the resolution required in Section 81365 shall specify, in lieu of the public meeting of the governing board to be held at its regular place of meeting, the place at which the designated officer or employee will receive and open sealed proposals to purchase or lease.
(b) All other provisions of this article not in conflict with the delegation of this authority are applicable. However, the final acceptance of a bid, or rejection of all bids, shall be made by the governing board at a public meeting.
(Amended by Stats. 2009, Ch. 390, Sec. 5. (AB 1240) Effective January 1, 2010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81374.

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 following.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81375.

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 lease.
(Amended by Stats. 2009, Ch. 390, Sec. 7. (AB 1240) Effective January 1, 2010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81376.

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 the members thereof, to execute a deed or lease and to deliver it upon performance and compliance by the purchaser or lessee of all the terms or conditions of his contract to be performed concurrently therewith.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81377.

81377. Nothing in Sections 81360 to 81363, inclusive, shall prevent the governing board of a community college district from acquiring, leasing or subleasing property pursuant to Section 1261 of the Military and Veterans Code.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81378.

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 buildings, grounds, or space therein, together with any personal property located thereon, not needed for school classroom buildings upon terms and conditions agreed upon by the governing board of the district and the lessee for a period not exceeding 14 separate or consecutive calendar days, or portions of those days, in each fiscal year.
(Amended by Stats. 2006, Ch. 134, Sec. 1. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81378.1.

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 buildings, grounds, or space therein, together with any personal property located thereon, not needed for academic activities, upon the terms and conditions agreed upon by the governing board and the lessee for a period of more than five days but less than five years, as determined by the governing board. Before executing the lease, the governing board shall include in an agenda of a meeting of the board open to the public a description of the proposed lease and an explanation of the methodology used to establish the lease rate and for determining the fair market value of the lease.
(b) The governing board shall give public notice before taking any action pursuant to subdivision (a). The notice shall include a description of the governing board’s intended action. The notice shall be printed once a week for three successive weeks prior to the board meeting described in subdivision (a) in a newspaper of general circulation that is published at least once a week.
(c) The governing board shall include, as a condition in any agreement to let any buildings, grounds, or space therein, together with any personal property located thereon, a provision that the agreement shall be subject to renegotiation and may be rescinded after 60 days’ notice to the lessee if the governing board determines at any time during the term of the agreement that the buildings, grounds, or space therein subject to the agreement are needed for academic activities. Any revenue derived pursuant to the agreement shall be retained for the exclusive use of the community college district whose buildings, grounds, or space therein are the basis of the agreement and shall be used to supplement, but not supplant, any state funding. Any buildings, grounds, or space therein let by the district shall be included as space actually available for use by the college in any calculations related to any plan for capital construction submitted to the board of governors pursuant to Chapter 4 (commencing with Section 81800), or any other law.
(d) The authority of a governing board under this section does not apply to the letting of an entire campus.
(e) The use of any buildings, grounds, or space therein, together with any personal property located thereon, let by the governing board pursuant to this section shall be consistent with all applicable zoning ordinances and regulations.
(Amended by Stats. 2013, Ch. 76, Sec. 51. (AB 383) Effective January 1, 2014.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81379.

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, for a term not exceeding three months, district property having a residence thereon, which cannot be developed for district purposes because of the unavailability of funds. The lease shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this section.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81380.

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 together with the site upon which such building is located, without complying with any other provisions of this article, provided that the county board of supervisors finds that all of the following conditions exist:
(a) The sale or lease is to be made to an incorporated nonprofit tax-exempt community or civic organization with a membership comprised predominantly of persons residing in the community in which the building and site are situated.
(b) The building is not suitable for school purposes.
(c) The building has an historic value and its preservation and utilization for the benefit of the community will best be ensured by sale or lease to an organization specified in subdivision (a).
(d) The sale or lease is to be executed for a consideration to inure to the district reflecting the fair market value of the property, or its fair rental value, as the case may be.
(e) Adequate provision has been made in connection with the sale or lease transaction to protect the district against all civil liabilities which might arise in connection with any use of the building and site.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81381.

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 purchase property in an adjoining district for such purposes and may dispose of such property in the same manner as property within the boundary of the district is purchased and disposed of.
The power of eminent domain shall not be applicable and such acquisitions by purchase shall be subject to the approval of the governing board of the community college district in which the property is located.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 4 - Sale or Lease of Real Property › Section 81382.

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 value.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81390.

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 person, firm, or corporation pursuant to this article. As used in this article, “building” includes onsite and offsite facilities, utilities and improvements which as agreed upon by the parties are appropriate for the proper operation or function of the building to be occupied jointly by the district and private person, firm, or corporation. It also includes the permanent improvement of school grounds.
Any building, or portion thereof, which is used by a private person, firm, or corporation pursuant to this section shall be subject to the zoning and building code requirements of the local jurisdiction in which the building is situated.
Section 53094 of the Government Code shall not be applicable to uses of school district property or buildings authorized by this section, except in the case of property or buildings used solely for educational purposes.
(Amended by Stats. 1977, Ch. 36.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81391.

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 to be used by the district and private person, firm, or corporation may be constructed and shall have complied with the provisions of law relating to the selection and approval of sites.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81392.

81392. The term of any lease or agreement entered into by a community college district pursuant to this article shall not exceed 66 years.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81393.

81393. Sections 81360 to 81378, inclusive, shall not apply to leases made pursuant to this article.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81394.

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 instrument by which such property is let requires the lessee therein to construct on the demised premises, or provide for the construction thereon of, a building or buildings for the joint use of the district and the private person, firm, or corporation during the term of the agreement; provided that title to that portion of the building to be occupied by the private individual, firm or corporation shall remain exclusively the personal property of the private party during the term of the lease and the title to such portion of the building to be occupied by the district shall vest in the district upon completion thereof and acceptance thereof by the district; provided further that no rental fee or other charge for the use of the building shall be paid by the district.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81395.

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 conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article; provided, however, that any such lease or agreement shall be subject to the provisions of Article 2 (commencing with Section 72530) of Chapter 5 of Part 45 of this division.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81396.

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 Section 81397.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81397.

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, adopt a resolution declaring its intention to consider the proposals. The resolution shall describe the proposed site on which the building to be jointly occupied is to be constructed in such a manner as to identify said site, shall specify the intended use of that portion of the building which is to be occupied by the district and shall fix a time not less than 90 days thereafter for a public meeting of the governing board to be held at its regular place of meeting, at which meeting the board shall receive and consider all plans or proposals submitted.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81398.

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 weeks in a newspaper of general circulation published in the district if there is one, or if none is published in the district, in a newspaper published in the county.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81399.

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 the joint occupancy of the building to be constructed on the proposed school site.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81400.

81400. (a) After considering all proposals submitted, the governing board of the community college district shall have the authority, subject to the provisions of Section 81401, to select the plan or proposal which best meets the needs of the district and to enter into a contract incorporating that plan or proposal either as submitted or as revised by the district’s governing board.
(b) The governing board shall require any person, firm or corporation with whom it enters into a lease or agreement pursuant to this article to file one of the following, as determined by the governing board:
(1) A bond for the performance of the lease or agreement.
(2) An irrevocable letter of credit issued by a state or national bank, or federal or state credit union, for the performance of the lease or agreement.
(Amended by Stats. 2001, Ch. 430, Sec. 6. Effective January 1, 2002.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81401.

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 provisions of this code relating to the physical structure of school buildings.
(Amended by Stats. 1995, Ch. 758, Sec. 117. Effective January 1, 1996.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 5 - Joint Occupancy › Section 81402.

81402. The provisions of this article prevail over any provisions of law which conflict therewith.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 6 - Joint Use, School Property › Section 81420.

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 institution for its sole occupancy, of the real property and buildings of the district, in accordance with the provisions of this article.
(Amended by Stats. 1985, Ch. 293, Sec. 2. Effective July 29, 1985.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 6 - Joint Use, School Property › Section 81421.

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 the proper operation or function of the building to be jointly occupied and used. It also includes the permanent improvement of school grounds.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 6 - Joint Use, School Property › Section 81422.

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 occupancy and use of district property or buildings will not interfere with the educational program or activities of any school or class conducted upon the real property or in any such building.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 6 - Joint Use, School Property › Section 81423.

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.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 7 - Sale or Lease Between Agencies › Section 81430.

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 exceeding 99 years, to the federal government or its agencies, to the state, or to any county, city and county, city or special district, or to any other school district, any real property belonging to the district, and which is not or will not at the time of delivery of title or possession be needed for school classroom buildings by the district owning it, as provided in this article.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 7 - Sale or Lease Between Agencies › Section 81431.

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 conditions as the parties thereto may agree and may be entered into without complying with any provisions of this code except as provided in this article.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 7 - Sale or Lease Between Agencies › Section 81432.

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 such action and prescribing the terms of the sale, exchange, or lease has been adopted by the unanimous vote of all the members elected or appointed to the board;
(b) Such resolution has been published in a newspaper published in the district and having a general circulation there; or if there be no such newspaper, then in a newspaper having a general circulation in the district; or, if there is no such newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. Notice shall be published no less than once a week for three weeks prior to the making of the sale, exchange, or the execution of the lease by the board.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 7 - Sale or Lease Between Agencies › Section 81433.

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 purchase price and that rental paid for the use of the property shall be applied in whole or in part upon the purchase price. The district lessee may cancel the lease at the end of any budgetary year, and in such case shall not be obligated to complete the lease and shall be released from all obligations thereunder.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 8 - Gift or Lease of District Property › Section 81440.

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 to any entity that is not established by the district pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45.
(b) Lease real property for less than fair rental value, as defined in paragraph (2) of subdivision (c) of Section 82542, to any entity unless the entity meets one of the following conditions:
(1) It is established by the district pursuant to Article 6 (commencing with Section 72670) of Chapter 6 of Part 45.
(2) It is described in Section 82537.
(3) It is described in Section 72682.
(4) It was in existence on August 31, 1980, and has been or is subsequently recognized by the governing board of a community college district as having a formal relationship with, and working on behalf of, the district or a constituent college thereof.
(Added by Stats. 1992, Ch. 39, Sec. 2. Effective January 1, 1993.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81450.

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 school purposes, or if it should be disposed of for the purpose of replacement, or if it is unsatisfactory or not suitable for school use. There shall be no sale until notice has been given by posting in at least three public places in the district for not less than two weeks, or by publication for at least once a week for a period of not less than two weeks in a newspaper published in the district and having a general circulation there; or if there is no such newspaper, then in a newspaper having a general circulation in the district; or if there is no such newspaper, then in a newspaper having a general circulation in a county in which the district or any part thereof is situated. The board shall sell the property to the highest responsible bidder or reject all bids.
(b) The governing board may choose to conduct any sale of personal property authorized under this section by means of a public auction conducted by employees of the district or other public agencies, or by contract with a private auction firm. The board may delegate to the district employee responsible for conducting the auction the authority to transfer the personal property to the highest responsible bidder upon completion of the auction and after payment has been received by the district.
(Amended by Stats. 2006, Ch. 538, Sec. 137. Effective January 1, 2007.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81450.5.

81450.5. Notwithstanding Sections 81450 and 81452, a community college district may, without providing the notice required by Section 81450, exchange for value, sell for cash, or donate any personal property belonging to the district if all of the following criteria are met:
(a) The district determines that the property is not required for school purposes, that it should be disposed of for the purpose of replacement, or that it is unsatisfactory or not suitable for school use.
(b) The property is exchanged with, or sold or donated to, a school district, community college district, or other public entity that has had an opportunity to examine the property proposed to be exchanged, sold, or donated.
(c) The receipt of the property by a school district or community college district would not be inconsistent with any applicable districtwide or schoolsite technology plan of the recipient district.
(Amended by Stats. 2002, Ch. 88, Sec. 1. Effective January 1, 2003.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81451.

81451. Notwithstanding the provisions of Section 81450, the governing board of a community college district may, with the consent of a county purchasing agent, utilize his services for the sale of personal property, as authorized by Section 25505 of the Government Code.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81452.

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 of five thousand dollars ($5,000), the property may be sold at private sale without advertising, by any employee of the district empowered for that purpose by the board.
(b) Any item or items of property having previously been offered for sale pursuant to Section 81450, but for which no qualified bid was received, may be sold at private sale without advertising by any employee of the district empowered for that purpose by the board.
(c) If the board, by a unanimous vote of those members present, finds that the property is of insufficient value to defray the costs of arranging a sale, the property may be donated to a charitable organization deemed appropriate by the board, or it may be disposed of in the local public dump on order of any employee of the district empowered for that purpose by the board.
(Amended by Stats. 2002, Ch. 88, Sec. 2. Effective January 1, 2003.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81453.

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.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81454.

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 the notice calling for bids for furnishing new materials, articles, or supplies that each bidder shall agree in his bid to purchase the property being replaced and to remove it from the school grounds and shall state in his bid the amount which he will deduct from the price bid for furnishing new materials, articles, or supplies as the purchase price for the personal property being purchased from the district. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81455.

81455. The governing board of any community college district may enter into contracts with manufacturers or suppliers for the exchange of household appliances and equipment belonging to the district and used for instructional purposes for new property of like class and kind for a similar use without advertising for or taking bids; provided, the cost to the district for such exchange shall not exceed the excess, if any, of the manufacturer’s or supplier’s selling price of the new property over the original cost to the district of the property being disposed of by the district, plus any applicable tax.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81456.

81456. The governing board of any community college district may, when calling for bids and letting contracts for constructing new school buildings, or repairing, altering, adding to, or reconstructing existing school buildings, or demolishing existing school buildings, require each bidder for the performance of the work to agree in his bid to purchase and to remove from the school grounds all old materials required by the specifications to be removed from any existing school building on the same school grounds and not required for school purposes and to state in his bid the amount which he will deduct from the price bid for the work as the purchase price of the old materials. The board shall let the contract to any responsible bidder whose net bid is the lowest, or shall reject all bids.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81457.

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 district which has been fabricated by such student, at the cost to the district of the materials furnished by the district and used therein.
(Amended by Stats. 1981, Ch. 470, Sec. 242.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81458.

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 necessary for the making of articles by those persons in the classes. The materials shall be sold at not less than the cost thereof to the district and any article made therefrom shall be the property of the person making it.
This section shall become operative January 1, 1992.
(Amended (as added by Stats. 1984, 2nd Ex., Ch. 1) by Stats. 1987, Ch. 1118, Sec. 14. Section operative January 1, 1992, by its own provisions.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81459.

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 exchange for similar published materials, published materials prepared by the district in connection with the curricular and special services that the district is authorized to perform. Unless restricted by the regulations of the governing board, the sale or gift may be made to, and the exchange may be made with, any person, political subdivision, public officer or agency, or educational institution. The distribution of the published material in accordance with this section is declared to be a public purpose and in furtherance of Section 1 of Article IX of the California Constitution.
A community college district may also license the use of copyrights held by the district, to the same persons or entities and for the same purposes as provided in the above paragraph.
The district shall grant a license to any public agency organized under the authority of this state, unless an exclusive license has previously been granted a private publisher.
Any charge which may be assessed such a public agency for the license to use the copyright or for materials, to which the district holds the copyright, shall not exceed the cost to the district of the preparation and reproduction of the materials.
Any granting of a license, by a district, to reproduce copyrighted material is declared to be for a public purpose in furtherance of Section 1 of Article IX of the California Constitution.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 9 - Sale of Personal Property › Section 81460.

81460. Notwithstanding any other provision of law, the governing board of any community college district owning land upon which agricultural products are grown may enter into agreements with an agricultural cooperative or association for the purpose of maintaining, harvesting or selling such products.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 10 - Exchange of Real Property › Section 81470.

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 exchange shall be upon such terms and conditions as the parties thereto may agree and may be entered into without complying with any provisions in this code except as provided in this article.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 10 - Exchange of Real Property › Section 81471.

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 property. The resolution shall describe the properties to be exchanged in such manner as to identify them, and the terms and conditions, not including the price, upon which they will be exchanged.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 10 - Exchange of Real Property › Section 81472.

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 superintendent of schools. The governing board and the other party to the exchange shall agree on the compensation of the board of appraisers. The amount for the board’s appraiser and one-half of the amount for the appraiser appointed by the county superintendent of schools shall be a legal charge against the funds of the district exchanging the property.
The board of appraisers shall make a report to the parties to the exchange and the county superintendent of schools of its determination of the cash values of the properties proposed to be exchanged. The report may provide for payment by one of the parties to compensate for any difference in appraised values of the properties.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 10 - Exchange of Real Property › Section 81473.

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 shall publish at least once a week for two weeks in a newspaper of general circulation, circulated in the county, the resolution and a notice stating the time and place within the district at which a public meeting of the board will be held to consider the report of the appraisers and the exchange of the real properties described in the resolution.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 10 - Exchange of Real Property › Section 81474.

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 the terms and conditions set forth in the resolution and the report of the appraisers.
(Enacted by Stats. 1976, Ch. 1010.)
2023 California Code › Education Code - EDC › TITLE 3 - POSTSECONDARY EDUCATION › DIVISION 7 - COMMUNITY COLLEGES › PART 49 - COMMUNITY COLLEGES, EDUCATION FACILITIES › CHAPTER 2 - Property: Sale, Lease, Use, Gift, and Exchange › ARTICLE 11 - Exchange of Property › Section 81480.

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 Allocation Board for state school building aid and which property is to be used as an access roadway to such school site may exchange such property for other property to be used as an access roadway which abuts a state highway, if in the opinion of the Division of Highways in the Department of Public Works there is objection to the first access roadway, and if in the opinion of the governing board the property acquired by such exchange will afford more safety to the students of the district.
(Enacted by Stats. 1976, Ch. 1010.)