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~ r <br />T~~ CITy 0~ SflflTfl fl~fl M~yox Halt r~~ue~tPa ±~,~~P <br />CALIFORNIA ~.ett02'S bP 8lttc10k1E'~ 't0 NOS,*E?~ <br />" Augus t 7 , 1961 J~.mes' lease of r ty ~?roperty <br />btn Along, St. .~; S.A.River. ~ ~~•auth <br />r P~¢as¢ address rep~ies fo: Of' ~7811t1.c'3~T0 ~I'ee~C. <br />308 City Hall <br />A. A. Hall <br />Royal E. Hubbard <br />Henry H. Schlueter <br />City Hall <br />Santa Ana, California <br />Re: Request for Long Term Lease <br />Between Along Street and the <br />South of Santiago Creek <br />Gentlemen: <br />of City Property <br />Santa Ana River <br />At the request of Mayor Hall for a supplement to my letter <br />of August 1, 1961, regarding the possible lease of City awned <br />property for golf course purposes limited expressly to whether or <br />not it is necessary to advertise for bids, I would report as <br />follows: <br />Section 200 of the Charter of this City gives this City <br />"the power to exercise any and all rights, powers, privileges <br />heretofore or hereafter established, granted, or prescribed by any <br />law of the State, by this Charter, or by other lawful authority, <br />or which a municipal corporation might or could exercise under the <br />Constitution of the State of California." <br />It is perfectly clear that for many years cities have had <br />the right to lease property owned or held or controlled by it. <br />Government Code Section 37380. <br />A city may lease property for commercial development for <br />business purposes, when the governing body determines by ordinance <br />or resolution that such property is not required for other city <br />purposes. Government Code Section 37395, adopted 1954. <br />I find no requirement that the lease can be executed only <br />after competitive bidding and no requirement for notice of intention <br />to lease. <br />.Respectfully submitted, <br />~.. ~ ,. , <br />C ~ ,~ <br />JdHN K. COLWELL <br />-City Attorney <br />JKC/fm <br />