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Tuolumne COE |  BP  3280  Business and Noninstructional Operations

Sale Or Lease Of District-Owned Real Property   

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The Tuolumne County Superintendent of Schools Office believes that the County Office should utilize its facilities and resources in the most economical and practical manner. To that end, the Tuolumne County Superintendent of Schools or designee shall periodically study the current and projected use of all County Office facilities in order to ensure the efficient utilization of space and the effective delivery of instruction.

(cf. 1330 - Use of School Facilities)

(cf. 7110 - Facilities Master Plan)

(cf. 7111 - Evaluating Existing Buildings)

(cf. 7160 - Charter School Facilities)

Upon determination that County Office property is no longer needed or may not be needed until some future time, the County Office shall offer to sell or lease County Office-owned real property in accordance with priorities and procedures specified in law, including, but not limited to, Education Code 17230, 17464, 17485-17500, and Government Code 54222.

(cf. 5148 - Child Care and Development)

(cf. 5148.2 - Before/After School Programs)

(cf. 6300 - Preschool/Early Childhood Education)

When required by law, the County Board of Education shall appoint an advisory committee to advise the County Office in the development of policies and procedures governing the use or disposition of County Office property or building space which is not needed for County purposes. (Education Code 17388)

(cf. 1220 - Citizen Advisory Committees)

Before ordering the sale or lease of any real property, the County Board shall adopt a resolution by a two-thirds vote of all of its members at a regular, open meeting. The resolution shall describe the property proposed to be sold or leased in such a manner as to identify it, specify the minimum price or rental, describe the terms upon which it will be sold or leased, and specify the commission or rate, if any, which the County Board will pay to a licensed real estate broker out of the minimum price or rental. The resolution shall fix a time, not less than three weeks thereafter, for a public meeting, held at the County Board's regular meeting place, at which sealed proposals to purchase or lease will be received and considered. (Education Code 17466)

(cf. 9323.2 - Actions by the Board)

The Superintendent or designee shall provide notice of the adoption of the resolution and of the time and place of the meeting by posting copies of the resolution, signed by the Board, in three public places not less than 15 days before the date of the meeting.

In addition, the notice shall be published at least once a week for three successive weeks before the meeting, in a newspaper of general circulation published in the county in which the district is located, if such a paper exists. (Education Code 17469)The County

Superintendent or designee shall ensure that notice of the resolution of intention to sell or lease property is provided in accordance with Education Code 17469-17470.

At the public meeting specified in the resolution, the County Board shall open, examine, and declare all sealed bids. Before accepting any written proposal, the County Board shall call for oral bids in accordance with law. The County Board may reject any and all bids, either written or oral, and withdraw the properties from sale when the County Board determines that rejection is for the best public interest. (Education Code 17472, 17473)

Of the proposals submitted by responsible bidders which conform to all terms and conditions specified in the resolution of intention to sell or lease, the County Board shall finally accept the highest bid, after deducting commission, if any, to be paid to a licensed real estate broker, unless the County Board accepts a higher oral bid or rejects all bids. (Education Code 17472)

The final acceptance of the bid may be made either at the same meeting specified in the resolution or at any adjourned meeting of the same meeting held within 10 days. Upon acceptance of the bid, the County Board may adopt a resolution of acceptance that directs the County Board president, or any other County Board member, to execute the deed or lease and to deliver the document upon performance and compliance by the successful bidder of all of the terms and conditions of the contract. (Education Code 17472-17478)

(cf. 1431 - Waivers)

(cf. 9320 - Meetings and Notices)

The County Superintendent or designee shall ensure that proceeds from the sale or lease with an option to purchase of County Office surplus property are used in accordance with law.

Legal Reference:

EDUCATION CODE

8469.5 Use of school facilities or grounds for school age child care

17219 Acquisition of property not utilized as school site; nonuse payments; exemptions

17230-17234 Surplus property

17385 Conveyances to and from school districts

17387-17391 Advisory committees for use of excess school facilities

17400-17429 Leasing property

17430-17447 Leasing facilities

17453 Lease of surplus district property

17455-17484 Sale or lease of real property

17485-17500 Surplus school playground (Naylor Act)

17515-17526 Joint occupancy

17527-17535 Joint use of district facilities

33050 Request for waiver

38130-38139 Civic Center Act

GOVERNMENT CODE

54220-54232 Surplus land

54222 Offer to sell or lease property

54950-54963 Brown Act, especially:

54952 Legislative body, definition

PUBLIC RESOURCES CODE

21000-21177 California Environmental Quality Act

COURT DECISIONS

San Lorenzo Valley Community Advocates for Responsible Education v. San Lorenzo Valley Unified School District, (2006) 139 Cal.App.4th 1356

Management Resources:

OFFICE OF PUBLIC SCHOOL CONSTRUCTION PUBLICATIONS

Unused Site Program Handbook, October 2004

WEB SITES

Coalition for Adequate School Housing: http://www.cashnet.org

Office of Public School Construction: http://www.dgs.ca.gov/opsc

Policy TUOLUMNE COUNTY SUPERINTENDENT OF SCHOOLS

adopted: June 16, 2011 Sonora, California