SECTIONS 81330-81351 - California Statutes

EDUCATION CODE

SECTION 81330-81351

81330. Any community college district may enter into leases and
agreements relating to real property and buildings to be used by the
district pursuant to this article. As used in this article, "building"
includes (a) one or more buildings located or to be located on one
or more sites; (b) the remodeling of any building located on a site
to be leased pursuant to this article; (c) onsite and offsite
facilities; utilities or improvements which the governing board
determines are necessary for the proper operation or function of the
school facilities to be leased. It also includes the permanent
improvement of school grounds. As used in this article, "site"
includes one or more sites, and also may include any building or
buildings located or to be located on a site.

81331. As used in this article "lease or agreement" shall include a
lease purchase agreement.

81332. Before the governing board of a community college district
enters into a lease or agreement pursuant to this article, it shall
have available a site upon which a building to be used by the
district may be constructed and shall have complied with the
provisions of law relating to the selection and approval of sites,
and it shall have prepared and shall have adopted plans and
specifications for such building which have been approved pursuant to
Article 7 (commencing with Section 81130) of Chapter 1 of Part 49. A
district has a site available for the purposes of this section if it
owns a site or if it has an option on a site which allows the
community college district or the designee of the district to
purchase the site. Any community college district may acquire and pay
for an option containing such a provision.

81334. Sections 81360 to 81378, inclusive, shall not apply to
leases made pursuant to this article.

81335. The governing board of a community college district may let,
at a minimum rental of one dollar ($1) a year, to any 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 use of the
community college district during the term thereof, and provides that
title to such building shall vest in the community college district
at the expiration of such term. Such instrument may provide for the
means or methods by which such title shall vest in the community
college district prior to the expiration of such term, and shall
contain such other terms and conditions as the governing board may
deem to be in the best interest of the community college district.

81336. The governing board of a community college district may
enter into an agreement with any person, firm, or corporation under
which such person, firm, or corporation shall construct, or provide
for the construction of, a building to be used by the district upon a
designated site and lease such building and site to the district.
Such instrument shall provide that the title to such building and
site shall vest in the district at the expiration of such lease, and
may provide the means or method by which the title to the building
and site shall vest in the district prior to the expiration of such
lease, and shall contain such other terms and conditions as the
governing board of the district deems to be in the best interest of
the district.
The agreement entered into shall be with the lowest responsible
bidder who shall give such security as the board requires. The board
may reject all bids. For the purpose of securing bids the board shall
publish at least once a week for two weeks in some newspaper of
general circulation published in the district, or if there is no such
paper, then in some paper of general circulation circulated in the
county, a notice calling for bids, stating the proposed terms of the
agreement and the time and place where bids will be opened.

81344. After the governing board of a community college district
has complied with Section 81332, it shall, in a regular open meeting,
adopt a resolution declaring its intention to enter into a lease or
agreement pursuant to this article. The resolution shall describe, in
such manner as to identify it, the available site upon which the
building to be used by the district shall be constructed, shall
generally describe the building to be constructed and state that the
building shall be constructed pursuant to the plans and
specifications adopted by the governing board therefor, shall, if
such is the case, state the minimum yearly rental at which the
governing board will lease real property belonging to the district
upon which the building is to be constructed, and shall state the
maximum number of years for which the community college district will
lease the building or site and building, as the case may be, and
shall state that the proposals submitted therefor shall designate the
amount of rental, which shall be annual, semiannual, or monthly, to
be paid by the community college district for the use of the
building, or building and site, as the case may be. The resolution
shall fix a time, not less than three weeks thereafter for a public
meeting of the governing board to be held at its regular place of
meeting, at which sealed proposals to enter such a lease or agreement
with the community college district will be received from any
person, firm, or corporation, and considered by the governing board.
Notice thereof shall be given in the manner provided in Section
81368.
At the time and place fixed in the resolution for the meeting of
the governing body, all sealed proposals which have been received
shall, in public session, be opened, examined, and declared by the
board. Of the proposals submitted which conform to all terms and
conditions specified in the resolution of intention to enter a lease
or agreement and which are made by responsible bidders, the proposal
which calls for the lowest rental shall be finally accepted, or the
board shall reject all bids. The board is not required to accept a
proposal, or else reject all bids, on the same day as that in which
the proposals are opened.

81345. As an alternative to obtaining sealed proposals as required
by Sections 81336 and 81344, the governing board, in a public
meeting, may adopt a resolution declaring its intention to enter into
a lease or agreement pursuant to this article with a nonprofit
corporation organized under Part 2 (commencing with Section 5110) of,
or Part 3 (commencing with Section 7110) of, Division 2 of Title 1
of the Corporations Code, if the articles of incorporation or bylaws
of the nonprofit corporation provide: (1) that no person shall be
eligible to serve as a member or director of the corporation except a
person initially approved by resolution of the governing board of
the community college district, and (2) that no part of the net
earnings of the corporation shall inure to the benefit of any member,
private shareholder, individual, person, firm or corporation
excepting only the district. The resolution shall describe, in a
manner that identifies it, the available site upon which the building
to be used by the district shall be constructed, shall generally
describe the building to be constructed and state that the building
shall be constructed pursuant to the plans and specifications adopted
by the governing board therefor, shall, if such is the case, state
the minimum yearly rental at which the governing board will lease
real property belonging to the district upon which the building is to
be constructed, and shall state the maximum number of years for
which the community college district will lease the building, or
building and site, as the case may be.
Any building constructed by a nonprofit corporation pursuant to a
lease or agreement entered into pursuant to this section shall be
constructed under a contract awarded to the lowest responsible bidder
pursuant to Sections 20671 to 20675, inclusive, of the Public
Contract Code. Section 81350 of this code shall apply to this
contract.

81346. Any bonds, notes, warrants or other evidences of
indebtedness to be issued by a nonprofit corporation to finance the
construction of a building pursuant to a lease or agreement entered
into pursuant to Section 81345 shall be sold pursuant to Chapter 10
(commencing with Section 5800) of Division 6 of Title 1 of the
Government Code.

81347. All such bonds, notes, warrants or other evidences of
indebtedness referred to in Section 81346 and the interest thereon
are exempt from all taxation in the state other than inheritance,
gift and franchise taxes.

81348. Any building constructed for the use of a community college
district pursuant to this article is subject to Sections 81130 to
81144, inclusive.

81349. For the purposes of Sections 15102 and 15106, 50 percent of
any remaining payments for use of the building or site and building
which would become due from the district under any leases and
agreements entered into by the district pursuant to this article, if
such leases and agreements were to run their full term, shall be
considered outstanding bonded indebtedness.

81350. The governing board of the community college district shall
obtain the general prevailing rate of per diem wages from the
Director of the Department of Industrial Relations for each craft,
classification or type of workman needed for the construction of the
building and shall specify in the resolution and in the notice,
required by Section 81344, or in the resolution required by Section
81345 and in the lease or agreement made pursuant to this article,
what the general prevailing rate of per diem wages and the general
prevailing rate for holiday and overtime work in the locality is for
each craft, classification or type of workmen needed for the
construction of the building. The holidays upon which such rate shall
be paid need not be specified by the governing board, but shall be
all holidays recognized in the collective-bargaining agreement
applicable to the particular craft, classification or type of workmen
employed on the project.
Any agreement or lease entered into pursuant to this article shall
require that such general prevailing rates will be paid. It shall
also require that work performed by any workman employed upon the
project in excess of eight hours during any one calendar day shall be
permitted only upon compensation for all hours worked in excess of
eight hours per day at not less than 1 1/2 times the basic rate of
pay. There may also be included in leases or agreements entered into
pursuant to this article any other requirements with respect to
matters related to the subject of this section which the governing
board deems necessary or desirable.

81351. The provisions of this article prevail over any provisions
of law which conflict therewith.