Chapter 2.07
SALE OF SURPLUS PROPERTY
Sections:
2.07.040 Definitions.
2.07.080 Resolution for surplus declaration.
2.07.120 Public hearing – Considerations.
2.07.200 Method of disposal.
2.07.240 Personal property trade-ins.
2.07.280 Junking of surplus personal property.
2.07.300 Concrete containing historically significant markings.
2.07.320 Sale by auction – Requirements.
2.07.360 Sale by sealed bid – Requirements.
2.07.400 Transfer of title – Requirements.
2.07.040 Definitions.
A. “Junking” shall include property where the best means of disposal is to haul to a disposal site because such items are broken, obsolete, or unsalvageable.
B. “Means of disposal” shall include the best means of disposing of surplus property by junking, auction, sealed bids, or sale to qualified nonprofit corporations at fair market value.
C. “Surplus property” includes any real property or personal property useless or surplus to the city's needs and that its disposal shall be for the common public benefit.
D. “Trade-ins” of personal property shall be for new equipment of similar nature. [Ord. 4100, 1997; Ord. 3726 § 1, 1991.]
2.07.080 Resolution for surplus declaration.
A. Any real property or personal property owned by the city of Ellensburg and deemed to be surplus to the city's needs shall be declared surplus by the city council by resolution prior to disposal.
B. Prior to presenting the city council with a list of proposed items to be declared surplus, the list shall be circulated through all city departments, boards, and commissions. A transfer of any item or items needed by another department, board, or commission shall be accomplished and removed from the proposed list. Trade-in items shall not be included on such list to be circulated. After property has been declared surplus by resolution, and prior to sale by auction or sealed bids, the property shall be available to any qualified nonprofit corporation at fair market value.
C. The resolution declaring property surplus by the city council shall describe the property, the means of disposal, and where the property is located. The council may set minimum prices for any items. In the case of public utility property, the consideration to be paid shall be the amount paid by the highest qualified bidder at auction or as determined by the city council as the method of award for sealed bids. [Ord. 4100, 1997; Ord. 3744 § 1, 1991; Ord. 3726 §§ 2 – 4, 1991.]
2.07.120 Public hearing – Considerations.
A. A public hearing shall be held for all intergovernmental sales, exchanges, or leases involving property values reasonably estimated at greater than $5,000 and for all public utility property and real property to be declared surplus.
B. Any property requiring a public hearing shall be advertised at least 10 days but not more than 25 days prior to such hearing. The city clerk shall publish a public notice setting forth the date, time, place, and purpose of such public hearing at least once in the official newspaper of the city of Ellensburg. [Ord. 3744 § 2, 1991; Ord. 3726 §§ 5, 6, 1991.]
2.07.200 Method of disposal.
All declared surplus property not traded in shall be disposed of by junking, auction, sealed bids, or sale to qualified nonprofit corporations at fair market value except as otherwise provided by city ordinance or the Revised Code of Washington. [Ord. 4100, 1997; Ord. 3744 § 4, 1991; Ord. 3726 § 8, 1991.]
2.07.240 Personal property trade-ins.
Trade-ins of personal property shall be approved by the city council for new equipment of similar nature. The city council reserves the right to accept the bid for new equipment without trade-in if other means of disposal are more cost-effective to the city. [Ord. 3726 § 9, 1991.]
2.07.280 Junking of surplus personal property.
Junking shall require the property to be declared surplus by the city council and shall include reasons for junking (broken, obsolete, unsalvageable, etc.) prior to hauling to disposal site. [Ord. 3726 § 10, 1991.]
2.07.300 Concrete containing historically significant markings.
Concrete and any other material removed from the public right-of-way which contains historically significant markings as relates to the history of the city of Ellensburg shall be stored separately from the concrete rubble pile established at the city shop. The historically significant concrete will be subject to sale only under the terms and conditions specifically set by the city council. The city council shall retain the authority to reject offers to purchase said items and make other appropriate provision for their disposition. [Ord. 3764 § 1, 1991.]
2.07.320 Sale by auction – Requirements.
All sales of declared surplus property by auction shall be advertised at least two weeks prior to the date of auction in the official newspaper of the city and shall describe the property to be sold, shall state the day, hour, and place of the sale, and shall state the method of bidding. [Ord. 3726 § 11, 1991.]
2.07.360 Sale by sealed bid – Requirements.
All sales of declared surplus property by sealed bids shall be advertised at least two weeks prior to the date of opening in the official newspaper of the city and shall describe the property to be sold, shall state the day, hour, and place of bid opening, and shall state the method of award. The bid results shall then be presented to the city council for their consideration in award of bid. [Ord. 3726 § 12, 1991.]
2.07.400 Transfer of title – Requirements.
The title to any city property traded in, sold at public auction, or by award of bid shall not be transferred until the purchase price therefor has been fully paid and satisfied. [Ord. 3726 § 13, 1991.]