Title GOV — California Gov. Code

This chapter shall be known as the Municipal Federal Surplus Property Authority Law.

It is hereby declared to be the policy of the State that to promote the public interest, economy, health, safety, education and general welfare of the cities, cities and counties, and counties in the State and of the residents and property owners therein, the people be empowered …

Such authority, when created, shall constitute a public corporation.

Unless the provision or the context otherwise requires, the definitions set forth in this article govern the construction of this chapter.

“Authority” means a surplus property authority created pursuant to this chapter.

“Local agency” means city, city and county, or county which creates the authority.

“Clerk” means the clerk of the authority.

“Contract” means a contract entered into by the authority for the purchase or other acquisition of surplus real property under the Federal Property and Administration Services Act of 1949 or other federal law.

“Commission” means the legislative body of the authority.

“Commissioner” means a member of the commission.

“Legislative body” means the city council or other legislative body of the local agency.

“Person” includes any individual, firm, copartnership, association, corporation, trust, business trust or receiver or trustee or conservator for any thereof.

“President” means the presiding officer of the commission.

“Property” means any real property acquired pursuant to the Federal Property and Administration Services Act of 1949, or other federal law.

“Treasurer” means the fiscal officer of the authority.

There is, in each city, city and county, or county of the State, a public corporation known as the “surplus property authority” of the city, city and county, or county.

The authority shall not transact any business or exercise any powers unless and until the legislative body shall by ordinance declare that there is need for the authority to function in the city, city and county, or county.

The determination that there is need for an authority to function may be initiated by the legislative body on its own motion or upon the filing of a petition signed by 100 residents of the city, city and county, or county asserting that there is need for an authority to function …

In any suit, action, or proceeding by or against or in any manner relating to an authority, the authority shall be conclusively deemed to have become established and authorized to transact business and exercise its powers upon proof of the adoption of the ordinance by the legisla…

At the time the authority becomes authorized to transact business and exercise its powers, and from time to time thereafter, the legislative body, subject to the law governing the conduct of its fiscal affairs, may make an estimate of the amount of money required for administrati…

Quarterly, semiannually, or annually, as the legislative body prescribes, the authority shall file with the legislative body a detailed report of all its transactions, including a statement of all revenues and expenditures.

At least once annually the authority shall publish a statement of all its financial affairs, audited by independent certified public accountants. The statement shall be published in a newspaper of general circulation, published in the city, city and county, or county or if none i…

If within four years after the adoption of an ordinance declaring the need for an authority to function in a local agency, the authority has not acquired or entered into possession of any property, or entered into any contract for the acquisition of any property, the legislative …

After adoption of an ordinance declaring there is no need for an authority to function, and while it is in effect, the legislative body may wind up the affairs of the authority and has title to all property of the authority for such purpose and for the benefit of the local agency…

At any time after the activation of an authority, the legislative body by a two-thirds vote may adopt an ordinance transferring the property of the authority to the local agency, and the local agency may through such department, board, officer, or agency, as it determines, exerci…

The legislative body shall be ex officio the governing body of the authority, and shall be known as the Surplus Property Commission.

The members of the legislative body shall be the members of the commission, and shall be known as Surplus Property Commissioners.

The presiding officer of the legislative body, or other member appointed by the commission, shall be the president of the Surplus Property Commission.

The commission shall appoint as clerk of the authority, the clerk of the legislative body or other competent person.

The commission shall appoint as treasurer of the authority, the treasurer of the local agency or other officer of the local agency that performs the duties of treasurer. This section shall not apply to the appointment of members of the commission or its president.

The commission may appoint as manager of the authority, the manager or administrative officer of the local agency or other competent person.

The commission may appoint as its attorney, engineer or other officer, the attorney, engineer, or other officer of the local agency, or other competent person.

Before entering upon the duties of an office, each officer shall take and subscribe the official oath and file it with the clerk. The oath of office may be taken before the clerk, any member of the commission, or any officer authorized by law to administer oaths.

The bond of the treasurer of the local agency shall cover the treasurer’s duties as ex officio treasurer of the authority.

If allowed by the commission, a commissioner shall receive traveling and other expenses incurred in the course of employment.

The commission shall fix the amount of compensation and provide for the payment of expenses of its other officers and employees.

Within 30 days after the effective date of the ordinance provided in Section 40521, the commissioners shall meet and organize as a board of commissioners.

The commission shall: (a) Designate the presiding officer of the legislative body or one of its members president. (b) Designate the clerk of the legislative body or other competent person as its clerk. (c) Appoint such other officers as it deems advisable. (d) Provide for the ti…

At its organization meeting the commission may transact any business of the authority.

The commission is the governing body of the authority.

The powers of the authority enumerated in this chapter shall, except as therein otherwise provided, be exercised by the commission.

The commission shall act in the manner and subject to the laws provided for the legislative body.

A majority of the commission shall constitute a quorum for the transaction of business.

No ordinance, resolution or motion shall be passed or become effective without the affirmative votes of at least a majority of the members of the commission.

Except where action is taken by the unanimous vote of all members present and voting, the ayes and noes shall be taken upon the passage of all ordinances, resolutions, or motions and entered upon the minutes of the commission.

The enacting clause of all ordinances passed by the commission shall be: “Be it ordained by the board of commissioners of (local agency) Surplus Property Authority as follows:”

All ordinances shall be signed by the president and attested by the clerk.

All legislative sessions of the commission shall be subject to the provisions of Chapter 9 (commencing with Section 54950) of Part 1, Division 2, Title 5 of the Government Code.

The commission shall establish rules for its proceedings.

Each member of the commission, or the clerk, may administer oaths and affirmations in connection with the taking of testimony at any hearing, investigation, or other matter pending before the commission.