Section 1837 - Disposition of Property Pursuant to Section 16105 -Application of Funds(a) For the purposes of this section, the following definitions shall apply: (1) "Site Only." As used in this section, the term "site only" shall refer to a particular site for which an apportionment is made pursuant to Section 16039, Education Code, together with any concurrent or subsequent apportionment for plans for said site, where such site has not been subsequently used in a construction project for which an apportionment is made.(2) "Site Only" Apportionment. An apportionment made for a site only.(3) "Non-Site Only" Apportionment. An apportionment made for sites, buildings, or facilities, other than a "site only" apportionment defined above.(4) Apportionment "Balance." Unpaid principal and interest.(5) "Monetary Consideration." Money or a instrument promising to pay money.(b) "Site Only" Apportionments. (1) If a district has previously repaid an apportionment for a site only, it may dispose of such site at a later date and retain the proceeds therefrom without the consent of the Board.(2) If the district has not previously repaid an apportionment for a site only, it may not dispose of such site without the written consent of the Executive Officer as to the disposition and terms thereof, providing that his authority in that regard extends only to a disposition for a 100% monetary consideration. However, the Board, upon application to it by the district prior to such disposition, may consent to such disposition for a non-monetary consideration in whole or part, as for example other property. The entire net monetary proceeds from such disposition shall, in any case, be applied to the reduction of, or to the extent needed, the elimination of, the balance due on said site only apportionment, except to the extent the Board, upon application to it by the district, either before or after such disposition, allows the district to retain any portion thereof for any purpose of the district. Where the district discharges in full the balance due on said site-only apportionment from the net proceeds of such disposition, it may retain any excess from such proceeds over such amount. Where an application is made to the Board under this sub-paragraph, the Executive Officer shall make such recommendation to the Board respecting its action as it deems appropriate.(c) "Non-Site Only" Apportionments.(1) If all non-site only apportionments outstanding for which the district is liable have been repaid in full, the district may dispose of any property acquired through any non-site only apportionment, and retain the net proceeds thereof, without the consent of the Board.(2) As long as a district has any balance due on any non-site only apportionment, no property acquired through a non-site only apportionment may be disposed of without the written consent of the Executive Officer as to its disposition and terms thereof, provided that his authority in that regard extends only to a disposition for a 100% monetary consideration. However, the Board, upon application to it prior to such disposition, may consent to such disposition for a non-monetary consideration in whole or in part, as for example other property. The entire net monetary proceeds from the foregoing disposition shall in any case be applied to the reduction of, or to the extent needed, the elimination of, all outstanding balances for which the district is liable on all non-site only apportionments, except to the extent the Board, upon application to it by the district, either before or after such disposition, allows the district to retain any portion thereof for any purpose of the district. In any case, however, where the district discharges in full the balances due on all outstanding non-site only apportionments from the proceeds of such disposition, it may retain any excess from such proceeds over such amount. Where an application is made to the Board under this sub-paragraph, the Executive Officer may make such recommendation to the Board respecting its action as he deems appropriate.(d) Nothing contained in Subsections (b) or (c) shall be deemed to supersede any procedure otherwise required under Section 16019.Cal. Code Regs. Tit. 2, § 1837
1. New section filed 10-18-74 as an emergency; effective upon filing (Register 74, No. 42).
2. Certificate of Compliance filed 1-24-75 (Register 75, No. 4).
3. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18). Note: Authority cited: Section 16009, Education Code. Reference: Sections 16015 and 16019, Education Code.
1. New section filed 10-18-74 as an emergency; effective upon filing (Register 74, No. 42).
2. Certificate of Compliance filed 1-24-75 (Register 75, No. 4).
3. Amendment of section and NOTE filed 4-29-77; effective thirtieth day thereafter (Register 77, No. 18).