SECTIONS 50490-50516 - California Statutes

GOVERNMENT CODE

SECTION 50490-50516

50490. Pursuant to this article, the legislative body of a local
agency may lease real property owned by it if:
(a) The property was acquired for a particular purpose with funds
derived from an assessment district.
(b) It appears to the legislative body that it is advantageous to
the owners of property in the local agency or assessment district to
use the property for purposes other than the original purpose.

50491. The legislative body shall lease the property upon receipt
of a petition signed by the owners of at least 51 percent of the
property lying in the assessment district created for the purpose of
acquiring the property, and who have paid or are paying special
assessment taxes or assessments for the purchase of the property.

50492. The legislative body of the local agency or assessment
district shall not lease the property or use it except for the
purposes for which it is acquired unless such a petition is filed
with it. It may lease or use the property only according to the terms
of the petition.

50493. The petition shall be in general language and no particular
requirements are necessary for its validity, except it shall provide
that the property be leased to the highest bidder. The petition may
state the terms under which the property may be leased.

50494. Upon receiving the petition, the legislative body may adopt
a resolution of intention to lease the property according to the
terms of the petition. The resolution of intention is sufficient if
it states in general terms:
(a) The terms of the petition.
(b) The location of the property.
(c) The purpose for which the property is proposed to be leased.

50495. The resolution of intention shall also contain a notice of
the time and place persons objecting to the proposed leasing may
appear before the legislative body and show cause why the proposed
leasing should not be executed in accordance with the resolution of
intention and petition. The time shall be not less than fifteen, nor
more than forty days after the passage of the resolution.

50496. The clerk of the legislative body shall cause the resolution
of intention to be published once a week for two successive weeks in
one or more daily newspapers published and circulated in the local
agency.

50497. At the time fixed in the resolution of intention, any owner
of property assessed or being assessed to purchase the property to be
leased may appear before the legislative body and object to the
lease. Failure to object at that time is a waiver of all objections
to the proposed leasing and a bar to any subsequent action for the
prevention of the leasing.

50498. At any time not later than the hour set for hearing
objections, any owner of property assessed or being assessed to
purchase the property to be leased may make and deliver to the clerk
of the legislative body a written protest against the proposed
leasing. No other protest or objections shall be considered.

50499. At the time for hearing protests, the legislative body shall
hear and pass upon all protests and objections and its decision is
final.

50500. The legislative body shall also pass upon the protests filed
by other persons than those petitioning. If in the opinion of a
majority of the legislative body the protests are valid and the terms
of the petition will not result in the leasing of the property to
the best interests of the property owners, the legislative body may
deny the petition and decline to proceed further unless a majority of
the property owners consent to the terms in the protest allowed by
the legislative body.

50501. At the time for hearing protests, evidence may be produced
in such order as the legislative body may summarily direct.

50502. The hearing may be continued from time to time upon the
order of the legislative body.

50503. If no protests have been received by the legislative body,
it may lease the property pursuant to the petition.

50504. If a majority of the owners of property assessed or being
assessed protest the leasing of the property pursuant to the
petition, the legislative body shall cease all proceedings for
leasing the property.

50505. Unless the power to proceed has ceased, at the conclusion of
the hearing and on a determination of all questions arising, the
legislative body shall declare its finding that the owners of more
than one-half of the area of the property in the assessment district
created for the purchase or improvement of the property have not made
written protest to the leasing of the property. The finding shall be
declared by resolution entered in the minutes.

50506. If the legislative body has denied the protests, or if no
protests have been made, it shall by resolution order the property
leased pursuant to the petition.

50507. In the resolution ordering the lease the legislative body
shall fix a time for receiving bids for the leasing of the property
and the amount of the bond required and shall direct its clerk to
give notice inviting sealed bids.

50508. The time for receiving bids shall not be fixed until the
first regular meeting of the legislative body after the expiration of
15 days following the adoption of the resolution ordering the
property to be leased.

50509. The legislative body shall cause a notice to be posted
conspicuously for five days on or near the legislative body's chamber
door.

50510. The notice shall contain the terms of the petition and an
invitation for sealed bids for the leasing of the property.

50511. The notice shall be published once a week for two successive
weeks in a daily, semiweekly, or weekly newspaper published or
circulated in the local agency or assessment district.

50512. If the property is offered for lease at a monthly rental,
all bids shall be accompanied by a bond in the amount fixed by the
legislative body.

50513. If the petition requires the making of improvements upon the
property and the payment of rentals in products from the land,
royalties, or commissions, the bidder shall furnish with the bid a
bond in the amount fixed by the legislative body and conditioned for
the faithful performance of the obligations assumed by the bidder.

50514. The legislative body shall award the lease to the highest
responsible bidder.

50515. After the bid has been accepted by the legislative body, it
shall enter into a lease with the highest bidder. The lease shall
contain all the terms of the petition and provide for the payment of
rentals, commissions, or royalties, in an amount equal to the amount
in the accepted bid.

50516. This article shall be liberally construed to effectuate its
purposes.