ARTICLE 3. Sale of Buildings and Sites [37420 - 37430]
( Heading of Article 3 amended by Stats. 1955, Ch. 624. )
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 city-owned property.
(Amended by Stats. 1955, Ch. 1330.)
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 may adopt a resolution of its finding and intention to sell the property.
(Amended by Stats. 1955, Ch. 624.)
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 be taken.
(d) Contain an accurate description of the property to be sold.
(Added by Stats. 1949, Ch. 79.)
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 designate a newspaper published in the county. It shall also be posted for not less than ten days in at least three conspicuous places upon each parcel of real property affected.
(Added by Stats. 1949, Ch. 79.)
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 legislative body or oral at the meeting considering the resolution. The legislative body shall hear and pass upon the protest.
(Added by Stats. 1949, Ch. 79.)
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.
(Added by Stats. 1949, Ch. 79.)
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 action unless it shall first call a special election on the question.
(Amended by Stats. 1949, Ch. 354.)
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 submitted to the city electors.
(Added by Stats. 1949, Ch. 79.)
If a majority of the votes is for the proposition, the legislative body may sell the property.
(Added by Stats. 1949, Ch. 79.)
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 been completed. It may agree to include the value of such occupancy in the purchase price or enter into a separate lease or rental agreement.
(Added by Stats. 1949, Ch. 79.)
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 occurred after that date.
(Added by Stats. 1949, Ch. 79.)