Chapter 3.44
DISPOSAL OF CITY SURPLUS PROPERTY
Sections:
3.44.020 Initial value estimate for personal property – Disposal of personal and real property.
3.44.030 Disposal of personal property valued at less than $25,000.
3.44.040 Disposal of personal property valued at $25,000 or more – Disposal of real property.
3.44.050 Sale or disposal subject to state law.
3.44.070 Lease or noncash consideration.
3.44.080 No sale to elected officials or City employees.
3.44.090 Disclaimer of warranties.
3.44.010 Purpose.
Whenever it appears to the City Manager that any real or personal property or any portion thereof is excess to the needs of the City, and the interests of the City would be best served by disposing of such property, such property may be sold, leased or otherwise disposed of as set forth in this chapter. (Ord. C-1021 § 2, 2024)
3.44.020 Initial value estimate for personal property – Disposal of personal and real property.
A. Prior to disposing of any personal property, the City Manager or the City Manager’s designee shall first estimate the value of such personal property (the “initial value estimate”). The initial value estimate shall consider the condition of the personal property, the market for such personal property, readily available means for the estimation of value such as reference to Kelley Blue Book or other reasonably reliable valuation guides or materials, auction listings, classified advertisements, or other means of estimating value that may be reasonable under the circumstances.
B. If the initial value estimate is zero, the City Manager or City Manager’s designee may dispose of the personal property immediately without compliance with this chapter. The City Manager or designee shall take reasonable action to limit the disposal costs for such personal property.
C. If the initial value estimate is less than $25,000, but greater than zero, the personal property shall be sold, leased or otherwise disposed of as set forth in AHMC 3.44.030.
D. If the initial value estimate is $25,000 or more, the personal property shall be sold or otherwise disposed of as set forth in AHMC 3.44.040(A).
E. All real property shall be sold or otherwise disposed of as set forth in AHMC 3.44.040(B). (Ord. C-1021 § 2, 2024)
3.44.030 Disposal of personal property valued at less than $25,000.
If the initial value estimate for any personal property is less than $25,000, but greater than zero, the City Manager or City Manager’s designee may dispose of such personal property by any means reasonably anticipated to result in the best and highest net proceeds to the City. Such means of sale or disposal may include, but are not limited to, private sale, public auction, public auction by sealed bids, retention of a broker or other professional for the sale or disposal of such personal property, or such other means of sale or disposal as the City Manager may, in his or her discretion, deem appropriate to generate the best and highest amount of net proceeds to the City. (Ord. C-1021 § 2, 2024)
3.44.040 Disposal of personal property valued at $25,000 or more – Disposal of real property.
A. If the initial value estimate for any personal property is $25,000 or greater, sale or disposal of such personal property shall occur as set forth in this subsection (A). The City Manager shall obtain a written appraisal or other written valuation of the personal property from a competent appraiser or valuation expert. Then, the City Council shall determine the minimum sale or disposal price for such personal property. Then, by resolution, the City Council shall: (1) declare such personal property surplus; and (2) authorize the City Manager, or the City Manager’s designee, to sell or otherwise dispose of the personal property as set forth in this chapter. Sale or disposal of the personal property shall be by any means reasonably anticipated to result in the best and highest amount of net proceeds to the City. Such means of sale or disposal may include, but are not limited to, private sale, public auction, public auction by sealed bids, retention of a broker or other professional for the sale or disposal of such personal property, or such other means of sale or disposal as the City Manager may, in his or her discretion, deem appropriate to generate the best and highest amount of net proceeds to the City.
B. Sale or disposal of real property shall occur as set forth in this subsection (B). For any and all real property to be sold or disposed of under this chapter, the City Manager shall first obtain a written appraisal from a competent appraiser. Following receipt and review of the appraisal, the City Council shall determine a minimum sale price for the real property. Then, the City Council by resolution shall: (1) declare the real property surplus; and (2) authorize the City Manager, or the City Manager’s designee, to sell or otherwise dispose of the real property as set forth in this chapter. Sale or other disposal of real property shall be by any means reasonably anticipated to result in the best and highest amount of net proceeds to the City. Such means of sale or disposal shall include, but are not limited to, private sale, public auction, public auction by sealed bids, retention of a broker or other professional for the sale or disposal of such real property, or such other means of sale or disposal as the City Manager may, in his or her discretion, deem appropriate to generate the best and highest amount of net proceeds to the City. (Ord. C-1021 § 2, 2024)
3.44.050 Sale or disposal subject to state law.
To the extent state law, including RCW 39.33.010 et seq., AGO 1997 No. 5, and RCW 35.94.040, governs disposal of surplus property, the City shall comply with all such requirements. (Ord. C-1021 § 2, 2024)
3.44.060 No buyers.
In the event no buyer can be found for any personal property with an initial value estimate of $25,000 or more or real property to be sold or disposed of under this chapter, the City Council shall by resolution: (1) cause the City to retain such property for future use; (2) cause such property to be donated to another municipality, a nonprofit corporation or charity; or (3) take such other action as the City Council in its discretion deems advisable for the common benefit. (Ord. C-1021 § 2, 2024)
3.44.070 Lease or noncash consideration.
Disposition of surplus property may occur by lease or sale. In addition, nothing in this chapter prohibits the City from receiving noncash consideration if the City could realize a greater benefit through consideration other than cash. Any sale or disposition where noncash consideration is to be realized by the City shall be approved by the City Council regardless of the initial value estimate. (Ord. C-1021 § 2, 2024)
3.44.080 No sale to elected officials or City employees.
No surplus personal property having an initial value estimate of more than zero and no surplus real property may be sold or otherwise transferred to any elected official or employee of the City, unless authorized by the City Council by resolution. Any resolution under this section shall specify: (A) the minimum value determined by the City Council pursuant to this chapter; (B) the consideration paid by elected official or City employee; and (C) all other facts and circumstances justifying sale or transfer to the elected official or City employee. (Ord. C-1021 § 2, 2024)
3.44.090 Disclaimer of warranties.
Except as may be expressly included in a written purchase and sale agreement or similar agreement, any sale or other transfer by the City shall be “as-is,” with all faults and without warranty. Specifically: Any buyer or transferee of any surplus property under this chapter accepts such property as-is and with all faults, and expressly waives any and all warranties and implied warranties, including but not limited to any and all warranties of merchantability, marketability and fitness for a particular purpose. (Ord. C-1021 § 2, 2024)