Chapter XII · Public Property

Article 4. Disposal of Surplus Property

Sections 12-401 to 12-406 · 6 sections

12-401 Definitions.

The following definitions are applicable to this article:

(a)Surplus property is defined as any property that is no longer needed by the City, fully depreciated, junk, obsolete, not cost effective to repair or no longer technologically functional.

(b)Junk property is property that would be unsafe to use, damaged beyond use, worn out with no salvage value or items considered to be trash. It may be items that contain hazardous materials that require special methods or procedures to render it safe and the disposal of which is regulated by State or Federal law.

(Ord. 1277; Code 2018)

12-402 Declaration of surplus property.

The governing body may from time to time, by resolution adopted by the majority vote of the council, declare personal property of the City to be surplus as defined in section 12-401, and dispose of it on the terms and conditions set forth herein.

(Ord. 1277; Code 2018)

12-403 Bids and advertising.

(a)The governing body may elect to solicit sealed bids by public notice published at least once in the official city newspaper. Sale shall be to the highest responsible bidder after such notice, except that the governing body may reject any and all bids, and, in any such case, new bids may be solicited for as in the first instance.

(b)The governing body may elect to advertise for sale on the internet or through any other electronic media that allows the sale of like items to the public or other government agencies.

(c)The governing body may elect to utilize the services of a third-party auctioneer.

(d)The governing body may dispose of surplus property as outlined in subsections (a), (b) and (c) or in any other manner deemed appropriate that includes advertising either in the local newspaper or electronic media.

(e)Junk property may be disposed of in a safe and practical manner. This would include but not be limited to rotten, split utility poles not safe for reuse, old tires, anything containing hazardous materials or materials normally considered trash.

(Ord. 1277; Code 2018; Ord. 1391)

12-404 Disposal.

Upon compliance with the requirements of section 12-403, the City, by its Mayor and City Clerk, is authorized to make, execute, and deliver a good and sufficient bill of sale or other instrument of transfer to the purchaser, purchasers, or recipients of the surplus personal property.

(Ord. 1277; Code 2018)

12-405 Donations and exceptions.

Notwithstanding any provision to the contrary contained in this article the governing body of the City may, by resolution passed and made a part of the records of the governing body, donate personal property declared surplus to any non-profit religious, fraternal or civic organization having a chapter or subdivision organized and functioning within the boundaries of the City. Without soliciting bids, the Council may sell directly to any other government entity, such as a school district, county, state, or other municipality, any equipment or vehicle determined to be surplus by the Council of a value not to exceed $2,000.00 upon recommendation by the City Administrator.

(Ord. 1277; Code 2018)

12-406 Prohibition on city employee purchases.

No City employee, either directly or indirectly may purchase any surplus property while in the employment of the City unless the surplus property is sold by a third-party auction service.

(Ord. 1277; Code 2018; Ord. 1391)