Chapter 3.20
DISPOSAL OF SURPLUS CITY PROPERTY
Sections:
3.20.010 Application of chapter.
3.20.020 Disposal of real property.
3.20.030 Disposal of personal property.
3.20.040 Designation of property agent – Duty of agent.
3.20.050 Procedure for disposal of personal property.
3.20.010 Application of chapter.
No property owned by Helper City shall be sold or otherwise disposed of except in accordance with the provisions of this chapter. [Ord. 2008-3; Ord. 2000-6; Ord. 2-83. Code 1988 § 9-6-1].
3.20.020 Disposal of real property.
If the city council determines that real property owned by Helper City is surplus and that the best interests of Helper City would be served by disposing of the same, the city council shall:
A. Cause the real property to be appraised by a competent real estate appraiser or by the Carbon County assessor.
B. Cause an invitation to bid to be published once a week for not less than two successive weeks in a newspaper having general circulation in Helper City. The last publication shall be not less than seven days prior to the time established for the bid deadline.
C. Sell the real property to the highest bidder whose intentions for the use of the property are determined by the council to be most compatible with the best interests of Helper City. In determining the degree to which the bidder’s intentions are compatible with the best interests of Helper City, the council may consider, among others, the following:
1. The types of uses to which Helper City would desire the property to be placed.
2. The use to which the bidder will commit the property to be used.
3. The commitment of the bidder to diligent performance.
4. The availability of financing to the bidder to accomplish the use contemplated.
D. Require that each bid be accompanied by a cashier’s check in an amount equal to 10 percent of the bid submitted. Unsuccessful bidders shall have their deposits returned and the deposit of the successful bidder shall be applied toward the bid price.
E. Reserve the right to reject any and all bids which the city council determines not to be in the best interest of Helper City.
F. In the event that the city council determines that a certain parcel of property is of insignificant value and that it is of a unique character or in a unique location, the city council may elect to dispose of such property to a particular individual or entity without requiring the procedure specified above.
G. In addition to the foregoing provisions, when the city council determines that a parcel of real property is a significant parcel, namely a parcel with a value of more than $10,000, the city council shall provide notice of the city’s intention to dispose of the property at least 14 days before any action for disposal of the parcel and shall allow an opportunity for public comment on the proposed disposition before formal action on the same. The 14-day notice herein shall be by publication in a newspaper having general circulation in Helper City for at least two successive weeks prior to the public hearing. [Ord. 2008-3; Ord. 2000-6; Ord. 2-83. Code 1988 § 9-6-2].
3.20.030 Disposal of personal property.
The property agent shall determine whether the surplus property has a value of $300.00 or more. [Ord. 2008-3; Ord. 2000-6; Ord. 2-83. Code 1988 § 9-6-3].
3.20.040 Designation of property agent – Duty of agent.
The mayor, with the advice and consent of the council, shall appoint a person to serve as the property agent, and such person shall serve at the discretion of the mayor. The sole function of the property agent shall be to determine and report to the council whether the value of surplus property is $300.00 or greater, or whether the city property has no value. [Ord. 2008-3; Ord. 2000-6; Ord. 2-83. Code 1988 § 9-6-3.1].
3.20.050 Procedure for disposal of personal property.
A. If the property agent determines that the value of the surplus property is $300.00 or more the city council shall cause an invitation to bid to be published once a week for not less than two successive weeks in a row in a newspaper having general circulation within Helper City. Each bid shall be accompanied by a cashier’s check in an amount equal to 10 percent of the bid. The surplus property shall be sold to the bidder submitting the highest bid. Helper City shall retain the right to reject any and all bids which the city council determines not to be in the best interest of Helper City.
B. If the property agent determines the value of the surplus property to be less than $300.00 the city council shall cause an invitation to bid to be posted in three public places not less than 14 days prior to the time established for the bid deadline. The surplus property shall then be sold to the bidder submitting the highest bid. Helper City shall retain the right to reject any and all bids which the city council determines not to be in the best interest of Helper City.
C. If the city council determines that it would be more advantageous to the city to dispose of surplus personal property through an online auction service, the city may utilize such a service to dispose of surplus personal property regardless of the value of the property as established by the property agent. [Ord. 2013-1; Ord. 2008-3; Ord. 2000-6; Ord. 2-83. Code 1988 § 9-6-3.2].
3.20.060 Worthless property.
Nothing herein shall be construed to prevent personal property owned by the city, and which is determined by the property agent to have no value, from being discarded as junk or refuse. [Ord. 2008-3; Ord. 2000-6; Ord. 2-83. Code 1988 § 9-6-3.3].
3.20.070 Definitions.
The term “surplus property” shall mean any property which by its nonuse, obsolescence, state of disrepair, or lack of need by Helper City, is eligible to be declared as “surplus property” by the Helper City council. [Ord. 2008-3; Ord. 2000-6; Ord. 2-83. Code 1988 § 9-6-4].