SECTIONS 81310-81315 - California Statutes

EDUCATION CODE

SECTION 81310-81315

81310. The governing board of a community college district may,
pursuant to this article, dedicate or convey to the state, or any
political subdivision or municipal corporation thereof, for public
street or highway purposes, either with or without consideration and
without a vote of the electors of the district first being taken, any
real property belonging to the district, either in fee or any lesser
estate or interest therein, including abutter's right of access to
any public street or highway; and may dedicate or convey to any
public corporation, or private corporation engaged in the public
utility business, without a vote of the electors of the district
first being taken, an easement to lay, construct, reconstruct,
maintain, and operate water, sewer, gas, or storm drain pipes or
ditches, electric or telephone lines, and access roads used in
connection therewith, over and upon any land belonging to the
community college district, upon such terms and conditions as the
parties thereto may agree.

81311. Before ordering the dedication or conveyance of any property
the governing board shall in regular open meeting by a two-thirds
vote of all its members adopt a resolution declaring its intention to
dedicate or convey the property. The resolution shall describe the
property proposed to be dedicated or conveyed in such manner as to
identify it, and shall specify the purposes for which and the terms
upon which it will be dedicated or conveyed, and shall fix a time not
less than 10 days thereafter for a public meeting of the governing
board to be held at its regular place of meeting for a public hearing
upon the question of making the dedication or conveyance.

81312. Notice of adoption of the resolution and of the time and
place of holding the meeting shall be given by posting copies of the
resolution signed by the members of the board, or by a majority
thereof, in three public places in the district not less than 10 days
before the date of the meeting, and by publishing the notice once
not less than five days before the date of the meeting in a newspaper
of general circulation, published in the district, if there is one,
or, if there is no such newspaper published in the district, then in
a newspaper published in the county in which the district or any part
thereof is situated and having a general circulation in the
district.

81313. At the time and place fixed in the resolution for the
meeting of the governing board the public hearing shall be held, and
the governing board may at the meeting, or at any other meeting of
the governing board held within 60 days thereafter, unless a protest
is entered, adopt a resolution by a two-thirds vote of all its
members authorizing and directing the president of the governing
board, or any other presiding officer, or the secretary, or the
members thereof, to execute a deed of dedication or conveyance of the
property and to deliver it. Upon the delivery and acceptance of the
deed the dedication or conveyance is fully effective.

81314. A petition protesting against the proposed dedication or
conveyance signed by at least 10 percent of the qualified electors of
the district, as shown by the affidavit of one of the petitioners,
may be filed with the governing board at the meeting held at the time
and place fixed in the resolution. If a protest is filed, the
governing board, before taking any further action on the proposed
dedication or conveyance, shall submit the question of whether the
proposed dedication or conveyance should be made, to the board of
governors whose decision is final. If the board of governors approves
the proposed dedication or conveyance, the governing board may
proceed with the dedication or conveyance. If the board of governors
does not approve the proposed dedication or conveyance, no further
proceedings shall be had thereon.

81315. Whenever community college districts are required to improve
and dedicate real property to the centerline of streets or highways
adjacent to a school site or forming an intersection at a school site
location, and when such street or highway rights-of-way are being
conveyed to the city or county or by the city or county to the
community college district, the requirements of this article shall be
deemed satisfied solely by posting a notice of intention to convey
in an appropriate location before conveyance.