Chapter 3.80
DISPOSAL OF SURPLUS PROPERTY

Sections:

3.80.010    Sale of unneeded property owned by the City.

3.80.020    Sale of personal property valued at less than $5,000.

3.80.030    Sale of personal property valued at over $5,000 and all property owned by a public utility.

3.80.035    Sale or transfer of personal property to another government entity.

3.80.040    Bid deposit for the sale of personal property over $5,000 in value.

3.80.050    Bid opening in the sale of personal property.

3.80.060    Award or rejection of bids in the sale of personal property.

3.80.070    When bids are rejected or no bids received.

3.80.080    Disposal of personal property having no market value.

3.80.010 Sale of unneeded property owned by the City.

The City Administrator of the City may authorize a department head to sell property owned by the City which is in the custody of his department when it has certified in writing to the City Clerk that the property is no longer of public use to the City or that the sale of the property would be in the best interest of the City, and the City Council, following such certification, has declared the property surplus. (Ord. 1865 § 1, 2014; Ord. 1125 § 1, 1996)

3.80.020 Sale of personal property valued at less than $5,000.

Following a declaration of surplus by the City Council, the City Administrator may authorize the sale of personal property having a value of $5,000 or less by any of the following methods:

A.    Sealed written bids.

B.    Public auction.

C.    Negotiated sale.

D.    Any commercially reasonable method. (Ord. 1865 § 2, 2014; Ord. 1125 § 1, 1996)

3.80.030 Sale of personal property valued at over $5,000 and all property owned by a public utility.

A.    Upon certification to the City Council by the City Administrator that an item of personal property valued at more than $5,000 is no longer of public use or of benefit to the City and for all property originally acquired by a public utility regardless of value, the City Council shall pass a resolution determining that the property is surplus to the City’s needs and is not required for continued use or public utility service.

B.    The City Council shall hold a public hearing upon the resolution and shall publish notice of the hearing at least 10 days but not more than 25 days prior to the public hearing.

C.    Upon passage of the resolution, the City Clerk shall coordinate the sale of surplus property in any commercially reasonable manner including, but not limited to, sealed bids, auction, private sale, sealed bid or through a broker or agent. (Ord. 1865 § 3, 2014; Ord. 1125 § 1, 1996)

3.80.035 Sale or transfer of personal property to another government entity.

Upon a declaration of surplus by the City Council, the City Administrator is authorized to sell, transfer, exchange, lease or otherwise dispose of property to another governmental entity, including the federal government, upon mutually agreed terms and conditions. Provided such property is valued in excess of $5,000 or is the property of a public utility, such disposal shall comply with the public notice and hearing requirements of FMC 3.80.030. (Ord. 1125 § 1, 1996)

3.80.040 Bid deposit for the sale of personal property over $5,000 in value.

Each bid submitted pursuant to FMC 3.80.030 and 3.80.035 shall be accompanied by a deposit in the form of a certified check in an amount equal to not less than 10 percent of the amount of the bid. All such deposits so made shall be returned to the unsuccessful bidders after award of contract has been made. The deposit of the successful bidder shall be applied to the price, or if the bidder fails to consummate the purchase, the deposit shall be forfeited for liquidated damages and the deposit so forfeited shall be credited to the appropriate account. (Ord. 1125 § 1, 1996)

3.80.050 Bid opening in the sale of personal property.

When sealed bids have been called for, such bids shall be opened in public by the City Clerk at the time and place specified in the call for bids. The City Clerk or their designee shall make a tabulation of all bids received and forward the bids to the City Administrator. (Ord. 1865 § 4, 2014; Ord. 1125 § 1, 1996)

3.80.060 Award or rejection of bids in the sale of personal property.

The City Administrator of the City shall present all bids, together with the recommendations, to the City Council at the next regularly scheduled meeting for approval or rejection by the Council. (Ord. 1125 § 1, 1996)

3.80.070 When bids are rejected or no bids received.

In the event no bids are received or all bids received are rejected by the City Council, then the Council may either ask for new sealed bids or direct the sale or disposition of such surplus property under the alternative procedures adopted pursuant to FMC 3.80.020. (Ord. 1125 § 1, 1996)

3.80.080 Disposal of personal property having no market value.

If, in the discretion of the City Administrator, it is determined that due to damage, deterioration or obsolescence an item of personal property has no market value or such market value is exceeded by the cost of repair, the City Administrator may authorize the City Clerk to dispose of the property through nontraditional methods of disposal such as a City-wide “garage sale” or donation to a charitable or nonprofit organization, pursuant to Article VIII, Section 7 of the Washington State Constitution. If after attempting to dispose of the property by such nontraditional methods, or determining that such method of disposal is impractical given the valueless condition of the property, the City Administrator may authorize the City Clerk to direct the salvaging of any recyclable material and the disposition of the remainder as refuse through appropriate methods of waste disposal. Nothing herein shall be interpreted to authorize the gifting of any item of value to a City employee or other private person. (Ord. 1865 § 5, 2014; Ord. 1125 § 1, 1996)