SECTIONS 81450-81460 - California Statutes

EDUCATION CODE

SECTION 81450-81460

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.