2-32 ALTERNATE LEASING PROCEDURE. [1] 1

1 Editor’s Note: This section was adopted by Ord. No. 15, §1(9). For the statutory provisions regarding the sale or lease of Town property, see Government Code, §25520ff; for the authority to provide by ordinance an alternate procedure for the lease of real property belonging to the Town, see Government Code, §25537.

Notes

1

a. Except as otherwise provided in this section, before ordering the lease of any real property belonging to the Town, the Town Council shall, in a regular open meeting by a two-thirds (2/3) vote of all its members, adopt a resolution declaring its intention so to lease and calling for bids thereon.

• b. The resolution shall:

1. Describe the property sufficiently to identify it;

2. Specify either the terms of the lease including minimum rent, or refer to a proposed form of lease filed in its Clerk’s office containing this information; and

3. Fix a time (at least three (3) weeks thereafter) for a public meeting of the Town Council at its regular place of meeting, for receipt and consideration of sealed proposals for the lease.

Notice of the resolution and meeting shall be given by posting certified copies of the resolutions in at least three (3) public places in the Town for at least fifteen (15) days before the meeting’s date and by publishing notice of the call for bids for at least two (2) weeks in a newspaper of genera] circulation published in the Town.

At the time and place fixed, in open session, the Town Council shall open and examine all sealed written proposals, and declare those which are from responsible bidders and which conform to the terms and conditions in the resolution. The Town Council shall then call for similar oral bids exceeding by at least five (5%) percent in rent the highest such written proposal.

At the same meeting or at any adjourned session thereof, the Town Council shall consider all such proposals and bids, and shall by resolution either accept the highest such one or reject them all and withdraw the property from lease.

Any Council resolution accepting any bid authorizes and directs the Mayor or the Council members, to execute a lease and to deliver it upon lessee’s performance of and compliance with all the terms or conditions of his contract to be performed concurrently therewith.

2-32 6 Exclusion from Bidding Procedure

2-32.6 Exclusion from Bidding Procedure.

Any proposed lease, of not more than one (1) year duration and four hundred ($400.00) dollars monthly rent, is excluded from the bidding procedure provided by this section. Any executed lease so excluded shall not exceed five hundred ($500.00) dollars actual monthly rent and one (1) year duration and shall not be renewable.

This section provides an alternative leasing procedure only for real property which otherwise must be leased in accordance with Government Code Sections 25526 to 25535; and it does not apply to real property leased pursuant to Streets and Highways Code Section 960.4 or Government Code Section 25536.