Chapter 3.35
DISPOSITION OF SURPLUS PROPERTY
Sections:
3.35.020 Surplus public property.
3.35.030 Sale of public property.
3.35.040 Trade of real property.
3.35.050 Disposition of inventory.
3.35.060 Lease of public property.
3.35.010 Definition.
“Public property” as defined herein means any property or equity interest in real or personal property held or owned by the city, except mortgages taken or released to secure the installation of development improvements. [Ord. 01-88, 2001.]
3.35.020 Surplus public property.
Upon recommendation of the city manager, the city council may declare public property as surplus. [Ord. 01-88, 2001.]
3.35.030 Sale of public property.
(1) If a department head or authorized city representative has city property under his or her control or supervision which is surplus to use, said employee shall notify the city manager, who shall in turn notify all department heads, supervisors or other city representatives and give them an opportunity to review their need for the same. If any of such persons desire to acquire and use the proposed surplus property, unless the manager or mayor disagrees, the property may be transferred to the requesting department head, or other authorized representative for city use. If such a transfer is made, the transfer must be shown on the master inventory list.
(2) If no request for use of proposed surplus property is received, the city manager may then recommend to the city council to declare property surplus. The council would then proceed to direct the disposal of the same by public auction, bid, or other method of sale on terms that are in the best interest of the city.
(3) Surplus personal property which is unsalable because of obsolescence, wear and tear, or other reasons may be dismantled, if necessary, and sold as scrap.
(4) The decision to declare surplus property shall rest solely with the city council. If the city council votes to declare the property as surplus, the city manager shall proceed to dispose of the property by public auction or through the formal bidding procedures as the manager deems to be in the best interest of the city. Before disposal of the property, a fair market value will be obtained.
(5) Disposal of real property acquired after July 1, 1983, must comply with the provisions of Section 78-34-20, Utah Code Annotated 1953, when applicable. [Ord. 01-88, 2001.]
3.35.040 Trade of real property.
(1) If the city council determines that the real property declared surplus under this section could be sold for a greater consideration or benefit to the city if something other than cash were taken as consideration, then the city manager may invite prospective purchasers to tender consideration, either cash or in kind or a combination of both. Upon receipt of a bid tendering consideration in kind, and if the manager considers such bid to be the best offer made, prior to accepting such a bid the city manager shall present the proposal to the city council for approval.
(2) Before accepting any bid containing in-kind consideration, an adequate appraisal must have been made by a qualified independent appraiser.
(3) If the city council finds that the bid containing the in-kind consideration has more value or benefit to the city than any other bid submitted, the city manager may accept the bid containing in-kind consideration. [Ord. 01-88, 2001.]
3.35.050 Disposition of inventory.
When any item of public property has been sold, traded, or otherwise disposed of, per city council approval, the property must be removed from the master inventory list, with record kept of the transaction. [Ord. 01-88, 2001.]
3.35.060 Lease of public property.
When specifically provided for in the city budget and with the approval of the city council, the city manager may authorize the lease or sublease of any property, including real property, under such terms and conditions as the manager may deem desirable, fair and appropriate, either by use of negotiations or bidding in the best interest of the city. [Ord. 01-88, 2001.]