17400-17429
EDUCATION CODE
SECTION 17400-17429
17400. (a) Any school district may enter into leases and agreements
relating to real property and buildings to be used by the district
pursuant to this article.
(b) As used in this article, "building" includes each of the
following:
(1) One or more buildings located or to be located on one or more
sites.
(2) The remodeling of any building located on a site to be leased
pursuant to this article.
(3) 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.
(4) The permanent improvement of school grounds.
(c) 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.
17401. As used in this article "lease or agreement" shall include a
lease-purchase agreement.
17402. Before the governing board of a school 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 the
building that have been approved pursuant to Sections 17280 to 17316,
inclusive. A district has a site available for the purposes of this
section under any of the following conditions:
(a) If it owns a site or if it has an option on a site that allows
the school district or the designee of the district to purchase the
site. Any school district may acquire and pay for an option
containing such a provision.
(b) If it is acquiring a site by eminent domain proceedings and
pursuant to Chapter 6 (commencing with Section 1255.010) of Title 7
of Part 3 of the Code of Civil Procedure, the district has obtained
an order for possession of the site, and the entire amount deposited
with the court as the probable amount of compensation for the taking
has been withdrawn.
(c) In the case of a district qualifying under Section 17410, if
it is leasing a site from a governmental agency pursuant to a lease
having an original term of 35 years or more or having an option to
renew that, if exercised, would extend the term to at least 35 years.
17403. The term of any lease or agreement entered into by a school
district pursuant to this article shall not exceed 40 years.
17404. Sections 17455 to 17480, inclusive, shall not apply to
leases made pursuant to this article.
17405. Any lease or agreement shall be subject to the following
requirements:
(a) A building or structure that is to be used for school purposes
shall be subject to the provisions of Article 3 (commencing with
Section 17280) and Article 6 (commencing with Section 17365). A
building or facility used by a school district under a lease or
lease-purchase agreement into which neither pupils nor teachers are
required to enter or that would be excluded from the definition of
"school building," as contained in Section 17368, shall not be
considered to be a "school building" within the meaning of Section
17283.
(b) Subdivision (a) shall not apply to trailer coaches used for
classrooms or laboratories if the trailer coaches conform to the
requirements of Part 2 (commencing with Section 18000) of Division 13
of the Health and Safety Code, and the rules and regulations
promulgated thereunder concerning mobilehomes, are not expanded or
fitted together with other sections to form one unit greater than 24
feet in width, are used for special educational purposes, and are
used by not more than 12 pupils at a time, except that the trailer
coaches may be used by not more than 20 pupils at a time for driver
training purposes.
(c) The site on which a leased relocatable structure is located
shall be owned by the school district, or shall be under the control
of the school district pursuant to a lease or a permit.
"Relocatable structure" is any structure that is designed to be
relocated.
(d) For purposes of interconnection of fire alarms, buildings
leased for 24 months or less shall be subject to Section 809 of the
Uniform Building Code until applicable regulations proposed by the
State Fire Marshal are adopted as part of Title 24 of the California
Code of Regulations.
(e) Notwithstanding any other provision of law, this section shall
become operative on September 30, 1997.
17406. (a) Notwithstanding Section 17417, the governing board of a
school district, without advertising for bids, may let, for a minimum
rental of one dollar ($1) a year, to any person, firm, or
corporation any real property that 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 school
district during the term thereof, and provides that title to that
building shall vest in the school district at the expiration of that
term. The instrument may provide for the means or methods by which
that title shall vest in the school district prior to the expiration
of that term, and shall contain such other terms and conditions as
the governing board may deem to be in the best interest of the school
district.
(b) Any rental of property that complies with subdivision (a)
shall be deemed to have thereby required the payment of adequate
consideration for purposes of Section 6 of Article XVI of the
California Constitution.
17407. The governing board of any school district may enter into an
agreement with any person, firm, or corporation under which that
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 the building and site to the district. The
instrument shall provide that the title to the building and site
shall vest in the district at the expiration of the 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 the 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 the security that any 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
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.
17408. The governing board of a school district shall call and hold
an election, pursuant to Section 17409 or 17412, before or after
entering a lease or agreement, as the case may be, except that if the
lease or agreement does not effect an increase in the existing
applicable maximum tax rate of the district, the election
requirements of this section shall not apply.
17409. Before entering into a lease or agreement pursuant to this
article, the governing board of the district shall call, hold, and
conduct an election in the manner provided in Section 42202, except
that the ballot used in the election shall contain substantially the
words: "Shall the governing board of the ____ District purchase (a
site, sites) prepare plans and specifications,