Chapter 3.36
SURPLUS PROPERTY
Sections:
Article I. Real Property
3.36.010 Authority to sell.
3.36.020 Minimum price.
3.36.030 Competitive bidding required – Exceptions.
3.36.040 Advertising and posting.
3.36.050 Advertising requirements.
3.36.060 Consideration of bids.
Article II. Personal Property
3.36.070 Authority to sell.
3.36.080 Trade-in.
3.36.090 Minimum price.
3.36.100 Competitive bidding required – Exceptions.
3.36.110 Advertising and posting.
3.36.120 Advertising requirements.
3.36.130 Consideration of bids.
3.36.140 Cash sales required – Exceptions.
Article I. Real Property
3.36.010 Authority to sell.
Whenever it appears to the city council that it is for the best interest 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. (Ord. 1255 § 1, 1984)
3.36.020 Minimum price.
The city council shall fix a minimum price at which such real property may be sold. No sale shall be made unless at least the minimum price fixed by the council is bid. (Ord. 1255 § 2, 1984)
3.36.030 Competitive bidding required – Exceptions.
The clerk-treasurer shall advertise for written competitive bids on any sale of real property except as follows:
A. When selling to a governmental agency;
B. When the city council, setting forth the facts by resolution, has declared an emergency to exist. (Ord. 1255 § 3, 1984)
3.36.040 Advertising and posting.
The clerk-treasurer shall publish an advertisement for bids on the sale of real property once each week for two consecutive weeks in the official newspaper of the city. In addition thereto, the clerk-treasurer shall also post the advertisement in three public places in the city. Both the posting and the date of the last publication shall be at least five calendar days before the final date for submitting the bids. (Ord. 1255 § 4, 1984)
3.36.050 Advertising requirements.
The advertisement for bids shall particularly describe the property or portion thereof proposed to be sold and when and where the bids are to be submitted, shall designate the place and the time that the bids will be opened, shall set forth the minimum price established by the city council and shall set forth the terms of the sale. (Ord. 1255 § 5, 1984)
3.36.060 Consideration of bids.
The bids shall be opened in public at the time and place stated in the advertisement for bids. The city council may reject any or all bids, or the bid for any one or more of the parcels of real property included in the advertisement for bids. (Ord. 1255 § 6, 1984)
Article II. Personal Property
3.36.070 Authority to sell.
The city council may authorize the sale or disposal of personal property of the city, including supplies, materials and equipment, if the city council finds that such property is surplus to the foreseeable needs of the city. In the event the value of the personal property exceeds $400.00, it shall be sold either by written competitive bids or by public auction. In the event the value of the personal property is $400.00 or less, it may be sold or disposed of by informal procedures to the best interests of the city. (Ord. 1255 § 7, 1984)
3.36.080 Trade-in.
A. The city council 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 council 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 council 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 council may accept an independent offer to purchase the used equipment rather than allowing a trade-in, if that is the most cost effective to the city. (Ord. 1255 § 8, 1984)
3.36.090 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. 1255 § 9, 1984)
3.36.100 Competitive bidding required – Exceptions.
The clerk-treasurer shall advertise for competitive bids on any sale of personal property except as follows:
A. When selling to a governmental agency;
B. When personal property to be disposed of is to be traded in upon the purchase of a like article;
C. When the city council, setting forth the facts, has declared an emergency to exist;
D. When the value of personal property is $400.00 or less and is to be disposed of by informal procedures. (Ord. 1255 § 10, 1984)
3.36.110 Advertising and posting.
The clerk-treasurer shall publish an advertisement for bids on the sale of the personal property once each week for two consecutive weeks in the official newspaper of the city and shall also post said advertisement in three public places in the city. Both the posting and the date of the last publication shall be at least five calendar days before the final date for submitting the bids. (Ord. 1255 § 11, 1984)
3.36.120 Advertising requirements.
The advertisement for bids shall particularly describe the property to be sold or shall refer to the approved specifications on file in the office of the clerk-treasurer and designate the place and the time of the auction; or, upon sealed bids, when and where the bids are to be submitted, shall designate the place and the time that the bids will be opened, shall set forth the minimum price established by the city council and shall set forth the terms of the sale. (Ord. 1255 § 12, 1984)
3.36.130 Consideration of bids.
If the sale is upon sealed bids, the bids shall be opened in public at the time and place stated in the advertisement for bids. 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. 1255 § 13, 1984)
3.36.140 Cash sales required – Exceptions.
Sales of personal property must be for cash except as follows:
A. When property is transferred to a governmental agency;
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. 1255 § 14, 1984)