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Chapter 3.08 - Sale of Personal Property by City

3.08.010 Sales agent
The City Manager or his designee is authorized to act as sales agent on behalf of the city. Sales of personal property made by the City Manager or his designee shall be in accordance with certain policies and procedures as hereinafter set forth in this chapter. (Res. 71-30 § 1, 1971).

3.08.020 Procedures
In enforcing and administering sales procedures the City Manager or his designee shall:
A. Establish policies, standards and procedures not inconsistent with the provisions of this chapter with respect to declaring personal property of the city to be surplus or excess property, and determining the manner of disposition of such property;
B. Dispose of personal property declared to be excess or surplus in a manner reasonably calculated to bring the highest price to the city, or in such other manner as is consistent with the city's best interests. (Res. 71-30 § 2, 1971).

3.08.030 Manner of disposition
Property may be sold, or property may be traded or exchanged, if such trade or exchange would benefit the city. Property having little or no value, or the sale or exchange of which is impractical, or for which no market exists, may be destroyed, donated or abandoned. (Res. 71-30 § 3, 1971).

3.08.040 Property in excess of five thousand dollars in value
Property having a value in excess of five thousand dollars per item shall be sold at public sale, either upon written, sealed bids or public auction, as may be determined by the City Manager or his designee, to be advertised by notice placed in at least one issue of a newspaper of general circulation published in the city not less than seven days, nor more than fourteen days prior to such sale. Nothing herein contained shall prevent the placement and giving of such additional notice as may be determined to be desirable by the City Manager or his designee. (Ord. O-93-26 § 22, 1993; Res. 71-30 § 4, 1971).


3.08.050 Property of less than five thousand dollars value
Property having a value of less than five thousand dollars per item may be sold in the open market at public or private sale without bid advertisement and without observing the procedure prescribed by Section 3.04.040 relating to written, sealed bids, in the discretion of the City Manager or his designee. (Res. 71-30 § 5, 1971).

3.08.055 Negotiated sales
Notwithstanding any other provision of this chapter, any management or computer program developed by the city for city use, which also may be of benefit to another public or private entity, may be sold through negotiated sales, provided such sales are authorized by the City Council after finding that such sales are consistent with the city's best interest. (Ord. O-83-100 § 1, 1983).

3.08.060 Repair and reconditioning
The City Manager or his designee shall have the authority to expend funds to repair or recondition property declared to be excess or surplus when there is a reasonable expectation that such expenditures will enhance the value above the amount of funds so expended. (Res. 71-30 § 6, 1971).

3.08.070 City employees
No official or employee of the city, or any member of their immediate family, as defined in city personnel regulations, or anyone on their behalf, shall purchase or otherwise receive surplus or excess property of the city except by public sale upon written sealed bids or by sale at public auction. Notice of any such sale shall be published in the city in a newspaper of general circulation not less than seven days or more than fourteen days prior to the sale. Property that is sold by the city to the public on a proprietary basis in connection with those activities or services generally provided by the city or for the purpose of promoting the economic well-being of the city, may be purchased by city officials, employees or members of their families at the fair market value of such property as offered to the public. (Ord. O-83-100 § 2, 1983; Res. 71-30 § 7, 1971).

3.08.080 Notice of intent
Before any property declared to be excess or surplus is sold, the purchasing agent shall cause to be published, in a newspaper of general circulation, published in the city, not less than seven and no more than fourteen days prior to sale, a notice of intent to dispose of property. Such notice shall list and describe the items to be sold and indicate that any interested party may contact the purchasing agent and shall contain the address and telephone number of the office of the purchasing agent. (Res. 71-30 § 8, 1971).

3.08.090 Proceeds of sale
All proceeds of sale of surplus and excess property shall be allotted to the city's general fund. (Res. 71-30 § 9, 1971).