Chapter 4.86
DISPOSAL OF PROPERTY OTHER THAN REAL ESTATE

Sections:

4.86.010    Purpose.

4.86.020    Responsibility for administration.

4.86.030    Determination of value.

4.86.040    Report to purchasing manager – Initial procedure.

4.86.045    Property worth $1,000 or less.

4.86.050    Procedure – Property of a value greater than $1,000 and less than $20,000.

4.86.060    Procedure – Property of a value of $20,000 or more.

4.86.070    Methods of disposition.

4.86.080    Guidelines for decision.

4.86.090    Statutory exceptions.

4.86.010 Purpose.

This chapter establishes procedures for the disposition of property, other than real estate, which is “surplus” to the needs of the city. “Surplus” is defined for purposes of this chapter to mean any tangible, personal property owned by the city that is not needed at present or in the foreseeable future or that is no longer of value or use to the city. It is the intention of council that the procedures set forth in this chapter are preferred over others; therefore, special procedures called for under other legislation are to be deemed exceptions to this chapter, and their use is to be limited accordingly. [Ord. 1999-10-064 § 1; Ord. 8916 § 1, 1980].

4.86.020 Responsibility for administration.

The city’s purchasing manager, or such other officer with equivalent duties as may from time to time be appointed, is responsible for the administration of this chapter. The purchasing manager shall coordinate the disposition of surplus property, and shall aid the council in determining the best method of disposal. All departments of the city shall cooperate with the purchasing manager to ensure the most efficient and beneficial disposition of surplus property. [Ord. 8916 § 2, 1980].

4.86.030 Determination of value.

A department wishing to dispose of a single item of surplus property, or a group of items, shall make an estimate of the reasonable market value in “as is, where is” condition. If the department responsible for the property cannot make the estimate, the purchasing manager shall determine the reasonable market value. [Ord. 9436 § 1, 1985; Ord. 8916 § 3, 1980].

4.86.040 Report to purchasing manager – Initial procedure.

A city department responsible for property which it wishes to declare surplus shall provide the purchasing manager with a detailed description of the property, its location and condition, and its estimated value. The purchasing manager shall then determine if any other department of the city has use for the property. If such a use is found, the purchasing manager shall carry out the transfer of ownership and shall ensure that, if necessary, the fund disposing of the property is reimbursed for its reasonable market value. [Ord. 10233, 1991; Ord. 8986 § 4, 1980].

4.86.045 Property worth $1,000 or less.

If the property is not needed by the city and the estimated value is $1,000 or less, the purchasing manager may dispose of the property in any manner deemed to be in the city’s best interests, as defined in BMC 4.86.080, without reporting the matter to city council. [Ord. 1999-10-064 § 2; Ord. 9895, 1989; Ord. 9436 § 2, 1985].

4.86.050 Procedure – Property of a value greater than $1,000 and less than $20,000.

A. If the surplus property has an estimated value between $1,000.01 and $19,999.99, the purchasing manager may dispose of the surplus property in one of the specifically approved methods listed hereinbelow without submitting a report to city council:

1. Public auction;

2. Solicitation of written bids;

3. Negotiated sale to one or more designated buyers;

4. Transfer to another agency of government at or below reasonable market value.

B. Alternatively, the purchasing manager may request city council’s authorization to dispose of the surplus property in another manner.

C. If the purchasing manager cannot dispose of the property in one of the methods specified herein, the purchasing manager shall notify city council and recommend further action. City council will then direct the surplus property’s disposition.

D. The purchasing manager shall ensure that the proper fund is credited with any resulting proceeds. [Ord. 1999-10-064 § 3; Ord. 9436 § 3, 1985; Ord. 8916 § 5, 1980].

4.86.060 Procedure – Property of a value of $20,000 or more.

Disposition of surplus property of a value of $20,000 or more must be approved by a majority of the city council. The procedure is as follows:

A. The finance committee shall review the report of the purchasing manager at a public meeting, and shall then either give further directions to the purchasing manager, or make its recommendations to the full council, which has final authority to determine how the disposal will be carried out.

B. The purchasing manager shall carry out the directions of the finance committee or the full council with the assistance of the department owning the property.

C. If the city council directs the surplus property’s disposal, the purchasing manager shall then dispose of the property in the manner specified by council and shall ensure that the proper fund is credited with any resulting proceeds. If either the finance committee or the full city council shall not approve disposing of the surplus property, the finance committee or the full city council shall give the purchasing manager directions for further action.

D. If the purchasing manager cannot dispose of the property in the manner specified by council, the purchasing manager shall report this fact to the council and make a recommendation for further action. [Ord. 1999-10-064 § 4; Ord. 9258 § 1, 1983; Ord. 8916 § 6, 1980].

4.86.070 Methods of disposition.

Permissible methods of disposition of surplus property include, but are not limited to:

A. Public auction;

B. Solicitation of written bids;

C. Negotiated sale to one or more designated buyers;

D. Transfer to another agency of government at or below reasonable market value; or

E. Lease or loan. [Ord. 8916 § 7, 1980].

4.86.080 Guidelines for decision.

The disposition of all surplus personal property under this chapter shall be done in a manner that is in the city’s best interests. Factors to consider in determining the city’s best interests include but are not limited to:

A. Possible future requirements of the city;

B. Present value of the property;

C. Likelihood of locating a buyer;

D. Intergovernmental cooperation;

E. The general welfare of the citizens of the city. [Ord. 1999-10-064 § 5; Ord. 8916 § 8, 1980].

4.86.090 Statutory exceptions.

Certain city ordinances and provisions of the Revised Code of Washington impose special conditions for the disposition of municipal property. Where necessary, city officials shall comply with those laws, treating them as limited exceptions to this chapter. Exceptions include, but are not limited to, the following as they may from time to time be amended:

A. BMC 2.36.050 – disposition of works of art;

B. RCW 27.12.305 and 27.12.320 – disposition of library materials;

C. RCW 35.21.088 – equipment rental;

D. RCW 35.21.660 through 35.21.690, 35.21.725 through 35.21.755 – transfers to municipally chartered corporations;

E. RCW 35.21.820 – ride-sharing vehicles;

F. Chapter 35.94 RCW – surplus utility property;

G. Chapters 39.33 and 39.34 RCW – intergovernmental agreements; alternate method for intergovernmental disposition of property;

H. Chapter 46.55 RCW; Chapter 11.18 BMC – disposition of abandoned junk motor vehicles;

I. RCW Title 63 – disposition of found or unclaimed property in the hands of the police;

J. Used vehicles operated by the police special investigations unit may be disposed of, regardless of value, by such method as is approved by the purchasing manager and without council notification. [Ord. 10671 § 2, 1995; Ord. 8916 § 9, 1980].