Chapter 2.28 — SURPLUS PROPERTY AUTHORITY

This chapter shall be known as the "surplus property authority ordinance."

(Ord. 6318 § 4 (part), 1989)

Pursuant to Sections 40500 et seq. of the Government code of the state and Ordinance No. 6310 of the city, there was created and established an authority to be known as the "surplus property authority," and hereinafter referred to as the "authority," which is a public body, corporate and politic, separate from the city.

(Ord. 6318 § 4 (part), 1989)

Pursuant to Section 40530 of the Government Code, the city council declared itself to be the commissioners of the authority and shall be known as the "surplus property commission." All the rights, powers, duties, purposes and immunities granted by applicable Government Code provisions vested in such a body under the Municipal Federal Surplus Property Authority Law (Government Code Section 40500 et seq.) (the "Law") shall be vested in the city council as the commissioners of the authority.

(Ord. 6820 § 45 (part), 2000; Ord. 6318 § 4 (part), 1989)

The mayor and the vice mayor of the city shall respectively serve as president and vice president of the surplus property commission of the city along with the remaining members of the city council who shall serve as surplus property commissioners. The following officers and employees of the city are designated as officers of the authority and commission:

A.

The city manager shall be the executive director of the authority;

B.

The director of development shall be the assistant executive director of the authority;

C.

The city treasurer shall serve as the treasurer of the authority;

D.

The finance director shall be the auditor-controller;

E.

The city attorney shall be the general counsel for the authority; and

F.

The city clerk shall be the clerk of the authority.

The aforementioned officers of the authority, in addition to duties prescribed by law, shall perform for the authority those duties which they are charged by law to perform for the city.

(Ord. 6820 § 45 (part), 2000; Ord. 6318 § 4 (part), 1989)

The regular meeting of the authority shall be held on the last Monday in the month of May. All of its meetings shall be held in accordance with the Ralph M. Brown Act and shall be open to the public, except as provided by law.

(Ord. 6318 § 4 (part), 1989)

A.

The authority shall have the powers, duties and responsibilities of a surplus property authority expressly granted or necessarily implied in Government Code Section 40500 et seq.

B.

The authority may:

Sue and be sued, have a seal, and make and execute contracts and other instruments necessary or convenient to the exercise of its powers;

Make, and from time to time, amend and repeal, regulations not inconsistent with the law to carry into effect the powers and purposes thereof;

Select and appoint or remove such permanent and temporary officers, agents, counsel and employees, as it requires, and may determine their qualifications, duties and compensation;

Make and execute contracts to carry out the purposes of the authority;

Have construction or other work performed by contract in the manner provided for by the city;

Purchase, lease, obtain option upon, acquire by contract or grant, any real property as defined in Section 40517 of the Government Code or personal property within or contiguous to the city, or any interest in, or improvements on, such property;

Sell, lease, exchange, transfer, assign, subdivide, pledge by mortgage, deed of trust, or otherwise dispose of any real or personal property or any interest in such property;

Maintain and operate any property acquired by it, for any public purpose;

Lay out, open, extend, widen, straighten, establish, or change the grade, and improve in whole or in part, rights-of-way necessary or convenient for such property;

Clear buildings, structures or other improvements from the property;

Develop the property or any part thereof as a building site, including, but not limited to grading, shaping, cutting and filling, locating and relocating public streets and places therein, and the installation of street improvements therein or therefor;

Rent, maintain, manage, operate, improve and repair property;

Insure or provide for the insurance of, any real or personal property or the operation thereof against risks and hazards, and against the liabilities of the authority, its officers, agents and employees; and

Borrow money and hypothecate property and revenues as security therefor.

(Ord. 6318 § 4 (part), 1989)