Chapter 3.36
SURPLUS PROPERTY
Sections:
Article I. Real Property
3.36.010 Authority to sell real property.
3.36.020 –
3.36.060 Repealed.
Article II. Personal Property
3.36.065 Scope.
3.36.070 Personal property – Method of disposition.
3.36.080 Trade-in of personal property.
3.36.090 Personal property – Minimum price.
3.36.100 Personal property – Advertising requirements and posting.
3.36.110 Personal property – Consideration of bids.
3.36.120 Personal property – Cash sales required – Exceptions.
3.36.130 Personal property – Statutory exceptions.
Article I. Real Property
3.36.010 Authority to sell real property.
Whenever it appears to the city council that it is for the best interests of the city and the people thereof that real property belonging to the city should be sold, the city council shall sell and convey such property under the limitations and restrictions and in the manner provided in this article consistent with the provisions of RCW 35A.11.010 and, for municipal utility related property, consistent with Chapter 35.94 RCW, as currently enacted or hereafter amended. (Ord. 2371 § 1, 2011: Ord. 2317 § 2 (part), 2010)
3.36.020 Real property – Minimum price.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.030 Real property – Competitive bidding required – Exceptions.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.040 Real property – Advertising and posting.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.050 Real property – Advertising requirements.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.060 Real property – Consideration of bids.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
Article II. Personal Property
3.36.065 Scope.
This chapter establishes procedures for the disposition of city surplus personal property including, but not limited to, supplies, materials and equipment. (Ord. 2317 § 2 (part), 2010)
3.36.070 Personal property – Method of disposition.
A. If the estimated value of the surplus property is $2,000 or less, the finance director may dispose of the property in any manner deemed to be in the city’s best interests with the permission of the city council finance and personnel committee.
B. If the surplus property has an estimated value greater than $2,000, prior approval of the sale or trade-in and method of disposition must be obtained from the city council and it may be disposed of through one of the following methods:
1. Transfer to General Services Administration (GSA);
2. Transfer to another agency of government;
3. Public or privately operated consignment auction;
4. Solicitation of written bids;
5. Negotiated sale to one or more designated buyers;
6. Trade-in upon the purchase of a like article; or
7. Online auction or classifieds. (Ord. 2317 § 2 (part), 2010)
3.36.080 Trade-in of personal property.
A. The city may direct either the sale or the “trade-in” of used personal property upon the purchase of new, similar personal property.
B. If the city elects to trade in used personal property it shall include in a call for bids for the new equipment a notice that the city has, for sale or trade-in, used equipment of a specific type and description which will be sold or traded in on the same day and hour that bids on the new equipment are opened. Any bidder on the new equipment may include in his offer to sell an offer to accept the used equipment as a part payment of the new equipment purchase price, setting forth the amount of such allowance.
C. Persons wishing to bid on the purchase of the used property only may submit a bid for such purchase independent of a bid on the new equipment.
D. In determining the lowest and best bid on the new equipment, the city council shall consider the net cost to the city of such new equipment after trade-in allowances have been deducted.
E. The city may accept the new equipment bid of any bidder, without trading in the old equipment, but may not require any bidder to purchase the used equipment without awarding the bidder the new equipment contract.
F. The city may accept an independent offer to purchase the used equipment rather than allowing a trade-in, if that is most cost effective to the city. (Ord. 2317 § 2 (part), 2010)
3.36.090 Personal property – Minimum price.
The city council may fix a minimum price at which such property may be sold. No sale shall be made unless the minimum price fixed by the city council is bid. (Ord. 2317 § 2 (part), 2010)
3.36.100 Personal property – Advertising requirements and posting.
When sale of surplus property is to be by written bid or public auction, the city clerk shall advertise for bids on the sale of the personal property once each week for two consecutive weeks in printed or online classifieds and in three public places in the city. Advertisements shall be posted at least five calendar days prior to the final date for submitting the bids or the date of the auction. The notice of public auction or advertisement for bids shall particularly describe the property to be sold and shall designate when and where the bids are to be submitted or the place and the time of the auction, the minimum price, and the terms of sale. (Ord. 2317 § 2 (part), 2010)
3.36.110 Personal property – Consideration of bids.
If the sale is upon sealed bids, bids shall be opened in public at the time and place stated in the advertisement. The city council may reject any or all bids, or the bid for any one or more of the articles included in the advertisement for bids. (Ord. 2317 § 2 (part), 2010)
3.36.120 Personal property – Cash sales required – Exceptions.
Sales of personal property must be for cash except as follows:
A. When property is transferred to a governmental agency such as the General Services Administration (GSA);
B. When the city property is to be traded in on the purchase of a like article, in which case the proposed cash allowance for the trade-in must be a part of the proposition to be submitted by the seller in the transaction. (Ord. 2317 § 2 (part), 2010)
3.36.130 Personal property – 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, chapter 35.94 RCW (Surplus Utility Property) and chapter 39.33 RCW (Alternate Method for Intergovernmental Disposition of Property). (Ord. 2317 § 2 (part), 2010)