Chapter 4.10 DISPOSAL OF TOWN SURPLUS REAL AND PERSONAL PROPERTY

Chapter 4.10
DISPOSAL OF TOWN SURPLUS REAL AND PERSONAL PROPERTY

Sections:

4.10.020 Procedures according to value for personal property.

4.10.010 Authority and purpose.

The town has the statutory authority to dispose of property under RCW 35.27.010 and 35.27.370. Whenever it appears to the town council that it is for the best interests of the town and the people thereof that real property belonging to the town should be sold, the council shall sell and convey such property under the limitations and restrictions and in the manner provided in this chapter. The intention is to establish procedures for disposition of property. The town clerk/treasurer shall coordinate the disposition of surplus property and shall aid the town council in determining the best method of disposal. Certain town employees are excluded from purchasing surplus property by Washington State law. These include those directly involved in declaring items surplus (i.e., elected officials, department heads and those administering the sale), WAC 200-360-060. (Ord. 605, 2022)

4.10.020 Procedures according to value for personal property.

A. If the property is not needed by the town and the estimated value is one thousand dollars or less, the clerk/treasurer may dispose of the property in any manner deemed to be in the town’s best interest.

B. If the surplus property has an estimated value over one thousand dollars, the clerk/treasurer may dispose of the surplus property in one of the specifically approved methods listed hereinbelow with submitting a resolution to town 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.

C. Alternatively, the clerk/treasurer may request town council’s authorization to dispose of the surplus property in another manner.

D. If the clerk/treasurer cannot dispose of the property in one of the methods specified herein, the clerk/treasurer shall notify town council and recommend further action. The council will then direct the surplus property’s disposition.

E. With permission from the town council, the clerk/treasurer may allow a trade-in on surplus equipment.

F. The town council may authorize a donation of surplus property when the cost of disposition of the property is equal to or exceeds the current market value of the property, to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code Section 501(c)(3).

G. If any surplus property is purchased with grant funds, the clerk/treasurer shall consult with the granting agency to ensure sale of disposal of the property is consistent with any grant requirements or restrictions. (Ord. 605, 2022)

4.10.030 Disposal of real property.

A. Real Property--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.

B. Real Property--Competitive Bidding Required--Exceptions. The town clerk/treasurer shall advertise for written competitive bids on any sale of real property, except as follows:

1. When selling to a governmental agency;

2. When the town council, by resolution, has determined that another commercially reasonable method of sale is in the town’s best interest, including, but not limited to, auction, negotiated sale, or listing with a broker or agent; or

3. The property to be sold is a parcel that, due to its size, shape, or dimensions, does not qualify as a buildable lot under the town zoning code;

4. Real Property--Advertising and Posting. The town clerk/treasurer shall publish an advertisement for bids on the sale of real property once a week for two consecutive weeks in the official newspaper of the town. In addition thereto, the city clerk shall also post said advertisement in three public places;

5. Real Property--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, and shall set forth the terms of the sale.

6. Real Property--Consideration of Bids. The bids shall be opened in public at the time and place stated in the advertisement for bids. The town 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. 605, 2022)

4.10.040 Statutory exceptions.

Certain town ordinances and provisions of the Revised Code of Washington impose special conditions for the disposition of municipal property. Where necessary, town 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. RCW 27.12.305 through 27.12.320: disposition of library materials;

B. RCW 35.21.088: equipment rental;

C. RCW 35.21.660 through 35.21.690 and 35.21.725 through 35.21.755: transfers to municipally chartered corporations;

D. Chapter 35.94 RCW: surplus utility property;

E. Chapters 39.33 and 39.34: intergovernmental agreements; alternate method for intergovernmental disposition of property;

F. RCW 46.52.145: disposition of abandoned junk motor vehicles;

G. Chapters 63.21 and 63.22: disposition of found or unclaimed property in the hands of the police. (Ord. 605, 2022)