San Francisco County Municipal Code Art. II Interdepartmental Transfer of

REAL PROPERTY Sec. 23.10. "Department" Construed. Sec. 23.11. Powers Granted Departments by Charter or Code Not Abridged. Sec. 23.12. Transfer Authorized; Grounds for Transfer. Sec. 23.13. Filing Request for Transfer. Sec. 23.14. Director of Property's Report. Sec. 23.15. Mayor's Consent to Transfer; Consent of Department Having Jurisdiction. Sec. 23.16. Resolution Authorizing Transfer. Sec. 23.17. Transfer Not to Violate Trust. Sec. 23.18. Making Transfer Without Mayor's or Department's Consent. Sec. 23.19. Record of Transfer. Sec. 23.20. Payment.

(Ord. No. 7919 (1939), Sec. 9; redesignated as Sec. 23.10 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

(Ord. No. 7919 (1939), Sec. 10; redesignated as 23.11 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

(Ord. No. 7919 (1939), Sec. 1; redesignated as 23.12 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

For purposes of this Article, the word "department" shall include the Board of Trustees of the San Francisco Unified School District

when Real Property of the City used, acquired or designated for school purposes from City funds is concerned. (Added as Sec. 23.7 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.10 redesignated as Sec. 23.13 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

The provisions of this Article shall not be construed to abridge, modify or alter the powers granted to any department or commission by any other provisions of the Charter or this Code. (Added as Sec. 23.8 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.11 redesignated as Sec. 23.14 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

Whenever any Real Property belonging to the City is no longer used advantageously by the department under whose jurisdiction it is, or when any such Real Property can be more advantageously used by a department other than the department under whose jurisdiction it is, the Real Property may be transferred to the jurisdiction of the department which can more advantageously use the same in accordance with the provisions of this Article. (Added as Sec. 23.9 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.11 redesignated as Sec. 23.15 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

The officer, board or commission in charge of the department which desires to have Real Property transferred to it shall file with the Mayor and the Director of Property a request in writing for the transfer, which request shall contain a description of the desired Real Property and state the specific purposes for which the Real Property is to be used by the requesting department. (Added as Sec. 23.10 by Ord. No. 7919 (1939); amended by Ord. 287-96, App. 7/12/96; redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.13 redesignated as Sec. 23.16 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

JURISDICTION. If, on receipt of the Director of Property's report, the Mayor believes that the department requesting the transfer can advantageously use the Real Property, the Mayor shall request the department under whose jurisdiction it is to consent to the transfer of the Real Property to the department desiring the transfer. If the second-mentioned department consents to the transfer within 30 days, the Mayor shall recommend to the Board of Supervisors that it order the Real Property transferred, sending to the Board with the request such data regarding the Real Property as he or she has received from the Director of Property. No Real Property shall be transferred from one department to another without the consent of the department having jurisdiction over the Real Property, except as provided by Section 23.18 below. (Added as Sec. 23.12 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 6-18, File No. 171107, App. 1/19/2018, Eff. 2/19/2018) (Former Sec. 23.15 redesignated as Sec. 23.18 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

Upon receiving the Mayor's recommendation that the Real Property be transferred and the consent of the department having jurisdiction, the Board of Supervisors shall consider the same. If the Board determines that the Real Property is no longer necessary or advantageous to the department having jurisdiction and can be more advantageously used by the requesting department, the Board shall, by resolution, order a transfer of the Real Property to the requesting department. Any such transfer may be made without limit or for a limited period or under other conditions stated in the resolution. (Added as Sec. 23.13 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.16 redesignated as Sec. 23.19 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

No Real Property shall be transferred under this Article if the transfer would violate the terms of any gift, trust, deed restriction, bond covenants, or other covenants or restrictions under which the City holds the Real Property. (Added as Sec. 23.14 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001) (Former Sec. 23.17 redesignated as Sec. 23.20 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)

Transfers of Real Property pursuant to this Article shall be paid for no less than 100% of the appraised value, except where the Board of Supervisors determines by resolution that a lesser sum will further a proper public purpose, and provided that the Public Utilities Commission shall be paid at least the historical cost of such Real Property. (Added as Sec. 23.17 by Ord. No. 7919 (1939); redesignated and amended by Ord. 15-01, File No. 001965, App. 2/2/2001; amended by Ord. 103-16 , File No. 160361, App. 6/24/2016, Eff. 7/24/2016) (Former Sec. 23.20 redesignated as Sec. 23.27 and amended by Ord. 15-01, File No. 001965, App. 2/2/2001)