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HomeMy WebLinkAbout2168ORDINANCE NO. 01%(p AN ORDINANCE of the City of Port Angeles establishing procedures for the disposal of surplus real and personal property of the City of Port Angeles, and adding a chapter to Title 2 of the Port Angeles Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES; as follows: Section 1. Property to be Declared Surplus. Prior to selling or otherwise disposing of any city property, the City Council shall determine whether the property to be sold or other- wise transferred is necessary to the further and efficient operation of the city. If the Council determines the property to be no longer necessary, it may so declare by motion. Disposal of the property shall then be in accordance with the terms of this ordinance. Section 2. Exception. This ordinance shall not apply to the following dispositions of property: (a) When the sale or other disposition is to another governmental agency; (b) When personal property disposed of is to be traded in upon the purchase of a like vehicle provided, that the provisions of Section 3 of this ordinance shall be complied with; (c) When the Council, by resolution, has determined that an emergency exists. Section 3. Trade -Ins of Personal Property. (1) The City Council may direct either the sale or the '_trade -in" of old personal property upon the purchase of new, similar personal property. (2) If the 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. September 11, 1981 MEMORANDUM TO: City Council FROM: City Attorney RE: Surplus Property Disposition At the request of the City Manager, attached please find a proposed ordinance for disposing of surplus city property. This proposal is occasioned by the fact that the city has no formal policy in this area. The ordinance requires that the City Council review and approve all proposed dispositions of surplus property. The Council also determines the method of sale and any terms which are applicable. A procedure is included for allowing trade -ins on purchases of new personal property. I believetthis to be a formalization of existing informal city policy. By enacting an ordinance on this subject, the Council is assured that the policy will be followed in all instances. • 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. (3) 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. (4) In determining the lowest and best bid on the new equipment, the Council shall consider the net cost to the City of such new equipment,after trade-in allowances have been deducted. (5) 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. (6) The 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. Section 4. Sale of Real Property. The City Council may sell real property, upon any terms and conditions which it deems appropriate. Section 5. Sale at Public Auction. All sales of city property, not otherwise exempt from the provisions of this ordinance, shall be sold at public auction. The City Council may determine whether such auction shall be by closed bid, or by public auction. If the Council determines that the sale is to be by public auction, the City Council shall determine the time and location of such public auction. Section 6. Advertisement of Sale. (1) Whenever city property is to be sold, either by sealed bid or at public auction, the City Clerk shall publish notice thereof once during each of two successive weeks in the official newspaper of the City. Notice shall also be posted in a -2- • conspicuous place in City Hall. The date of first publication shall be at least ten (10) days prior to the date fixed by 'the City Council for the sale of the property. (2) The notice of sale shall particularly describe the property to be sold, designate the day, hour, place of sale, and the method of bidding. Section 7. Transfer of Title. The title to any city property sold at public auction shall not be transferred until the purchase price therefor has been fully paid. Section 8. Intergovernmental Sale. The City Council may dispose of city property to another governmental agency, and may acquire property from another governmental agency by means of private negotiations, upon such terms as may be agreed upon, and for such consideration as may be deemed by the City Council to be appropriate. Section 9. Codification. Sections 1 through 8 of this ordinance shall be codified in a new chapter in Title 2 of the Port Angeles Municipal Code. Section 10. Effective Date. This ordinance shall become effective in the manner provided.by :.law: PASSED by the City Council at a regular meeting of the Council held on the /.. day of September, 1981. Marian C Parrish, City Clerk APPROVED AS TO FORM: Craig L. i ler, City Attorney PU= LISHED: I i!,i _ 02 / /o/ -3-