SECTIONS 37440-37444 - California Statutes

GOVERNMENT CODE

SECTION 37440-37444

37440. 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.

37441. This article applies only to a municipal airport or property
owned by a city for the purposes specified in Section 37442, which
property is restricted, under the terms of the instrument conveying
the property to the city, to use for airport purposes.

37442. Pursuant to this article the legislative body of a city may
sell, or lease for a term not exceeding 20 years with an option to
purchase, any municipal airport or any property owned by a city for
airport purposes or purposes incidental to aircraft, including:
(a) Manufacture of aircraft, airplane engines, and aircraft
equipment, parts, and accessories.
(b) Construction and maintenance of hangars, mooring masts, flying
fields, signal lights, radio equipment, service shops, conveniences,
appliances, works, structures, and other air navigation, aircraft,
and airplane engine manufacturing plants and facilities.
The sale or lease shall be made in such manner and upon such terms
and conditions as the legislative body may specify.

37443. In any sale or lease of property with option to purchase,
made or entered into pursuant to Section 37442, the purchase price
for any property sold or the consideration for or rentals payable
pursuant to any lease shall be payable at such times and in such
amounts as the legislative body may determine. In any sale or lease
of such property with option to purchase, the legislative body may
provide that all or any part of the unpaid portion of the purchase
price shall be secured by a mortgage or deed of trust. Where such
property is leased with an option to purchase, the legislative body
may provide that all or any portion of the consideration paid for or
rentals received by the city under said lease may be credited against
the purchase price specified therein. Any sale or lease of such
property with option to purchase shall be made subject to any duty or
obligation imposed by law or contract upon the city with respect to
such property. Any sale of such property shall be made subject to the
requirement that the purchaser use the property, or allow the use of
such property, as a public airport for not less than 10 years from
the date of the sale unless earlier discontinuance of such use is
permitted by the Administrator of the Civil Aeronautics
Administration of the United States Department of Commerce.

37444. No sale or lease of any property with option to purchase
shall be made or entered into pursuant to Section 37442 except when
previously authorized by ordinance adopted by a four-fifths vote of
all members of the legislative body. No vote of the electors of the
city shall be required to authorize any such sale or lease of
property with option to purchase, but any ordinance adopted
authorizing such sale or lease shall be subject to referendum in the
manner provided by law.