CHAPTER 3.12
SALE OR DISPOSAL OF SURPLUS CITY PROPERTY

3.12.010 Surplus property defined.

Personal property owned by the city and no longer required for use by the city shall be considered surplus. (Ord. 2302 NCS §2 (part), 2008.)

3.12.020 Property with a residual value of more than twenty-five thousand dollars.

The city council may direct, by resolution, the city to sell or dispose of surplus property with a residual value of more than twenty-five thousand dollars as provided herein. (Ord. 2302 NCS §2 (part), 2008.)

3.12.030 Property with a residual value of less than twenty-five thousand dollars.

A.    The city manager may sell or dispose of surplus property with a residual value of less than twenty-five thousand dollars as provided herein.

B.    The city manager is authorized to discard or otherwise dispose of damaged, useless or valueless surplus property when costs associated with storing, transporting and/or selling such property would exceed the anticipated revenues to be realized from a sale.

C.    If determined to be more advantageous to the city than a sale of surplus property, the city council or city manager may direct and/or solicit a trade-in or exchange allowance on the purchase of other public property pursuant to Chapter 4.04 of this code, in exchange for the surplus property.

(Ord. 2302 NCS §2 (part), 2008.)

3.12.040 City manager to conduct sale or disposal.

The sale or disposal authorized by this chapter shall be held by the city manager or designee in the following manner:

A.     The city manager or designee shall cause to be posted in the public posting place in the City Hall a general description of the property to be sold.

B.     The city manager or designee shall issue a request for bids and shall sell to the highest bidder, unless the city manager determines in his/her discretion that it is in the best interests of the city to make such sale by private sale, in which case the sale may be conducted without public bidding.

C.     All sales shall be for cash, personal check, money order or credit card.

D.     The city manager or designee is authorized to sign bills of sale and any other papers or documents evidencing such sales or transactions for and on behalf of the city.

E.    Prior to executing a bill of sale for property covered by this chapter, the city manager or designee shall obtain a written waiver from the purchaser releasing the city and its officials, officers and employees from all liability related to the sale. All property sold pursuant to this chapter must be accepted by the purchaser "as is" without any warranty or guarantee regarding the condition of the property or its suitability for any intended use.

F.    When a city official, officer or employee, including but not limited to city council members, the city manager, administrative services director, department directors or city employees or contractors have participated in decisions to dispose of surplus property, and/or have access to information regarding the surplus property or the value thereof which is not available to or known by all public bidders, that official, officer, employee and/or contractor shall not either directly or indirectly bid for or purchase surplus property or take possession of property disposed of under the provisions of this chapter.

(Ord. 2302 NCS §2 (part), 2008.)

3.12.045 Certain transactions exempt from auction or bidding.

A.    Notwithstanding any other provision of this chapter, any police vehicles declared to be surplus, regardless of value, may be sold by the city manager to any educational institution, or political subdivision thereof, without public auction or advertisement for bids, if the city manager finds that the sale will enhance peace officer training.

B.    The city manager or designee is authorized to sign bills of sale and any other papers or documents evidencing sales under this section.

(Ord. 2302 NCS §2 (part), 2008.)

3.12.050 Disposal procedures.

All moneys received in consummating any sales authorized by this chapter shall be deposited to the credit of the appropriate fund of the city. (Ord. 2302 NCS §2 (part), 2008.)