Chapter 3.88
DISPOSITION OF CITY-OWNED
PERSONAL PROPERTY
Sections:
3.88.020 Guidelines for decision.
3.88.030 Responsibility for administration.
3.88.040 Determination of value.
3.88.050 Report to purchasing manager—Initial procedure.
3.88.060 Property worth five thousand dollars or less.
3.88.070 Procedure—Property of value of five thousand dollars or more.
3.88.010 Purpose.
The purpose of this chapter is to establish procedures for the disposition of tangible personal property owned by the city of Everett that is not needed at present or in the foreseeable future or that is no longer of value or use to the city (also referred to as surplus property). (Ord. 2963-06 § 1, 2006)
3.88.020 Guidelines for decision.
The disposition of all surplus personal property under this chapter shall be done in a manner that is in the city’s best interests. Factors to consider in determining the city’s best interests include but are not limited to:
A. Possible future requirements of the city;
B. Present value of the property;
C. Likelihood of locating a buyer;
D. Intergovernmental cooperation;
E. The general welfare of the citizens of the city. (Ord. 2963-06 § 2, 2006)
3.88.030 Responsibility for administration.
The city’s purchasing manager, or such other officer with equivalent duties as may from time to time be appointed, is responsible for the administration of this chapter. The purchasing manager shall coordinate the disposition of surplus property, and shall aid the city council in determining the best method of disposal. All departments of the city shall cooperate with the purchasing manager to ensure the most efficient and beneficial disposition of surplus property. (Ord. 2963-06 § 3, 2006)
3.88.040 Determination of value.
A city department wishing to dispose of a single item of surplus property, or a group of items, shall make an estimate of the reasonable market value in “as is, where is” condition. If the department responsible for the property cannot make the estimate, the purchasing manager shall determine the reasonable market value. (Ord. 2963-06 § 4, 2006)
3.88.050 Report to purchasing manager—Initial procedure.
A city department responsible for property which it wishes to declare surplus shall provide the purchasing manager with a description of the property, its location and condition, and its estimated value. The purchasing manager shall then determine if any other department of the city has ownership and shall ensure that, if necessary, the fund disposing of the property is reimbursed for its reasonable market value. (Ord. 2963-06 § 5, 2006)
3.88.060 Property worth five thousand dollars or less.
If the surplus property’s estimated value is five thousand dollars or less, the purchasing manager may dispose of the property in any manner deemed to be in the city’s best interests, as determined consistent with the guidelines in Section 3.88.020. (Ord. 2963-06 § 6, 2006)
3.88.070 Procedure—Property of value of five thousand dollars or more.
Disposition of surplus property of a value of five thousand dollars or more must be approved by a majority of the city council. The procedure is as follows:
A. The purchasing manager shall present a report to the city council, which includes at a minimum the basis for the estimated value of the surplus property and a recommendation regarding the manner of disposal. The recommendation shall be based on a best interest of the city analysis that is consistent with Section 3.88.020.
B. With council approval the purchasing manager may dispose of the surplus property in one of the specifically approved methods listed hereinbelow:
1. Public auction with publication of at least one notice describing the surplus property, and the date and location of the auction in the city’s official newspaper at a minimum of thirteen days prior to the auction date;
2. Solicitation of written bids with publication of at least one notice of the call for bids in the city’s official newspaper at a minimum of thirteen days prior to the bid opening;
3. Negotiated sale to one or more designated buyers with at least one notice of a request for proposals in the city’s official newspaper at a minimum of thirteen days prior to the proposal deadline;
4. Transfer to another agency of government at or below reasonable market value; or
5. Lease or loan.
C. Alternatively, the purchasing manager may request city council’s authorization to dispose of the surplus property in another manner.
D. The city council by resolution shall determine whether and in what manner the property should be surplused.
E. If the purchasing manager cannot dispose of the property in the manner specified by council, the purchasing manager shall report this fact to the council and make a recommendation for further action. (Ord. 2963-06 § 7, 2006)
3.88.080 Exceptions.
Certain city ordinances and provisions of the Revised Code of Washington impose special conditions for the disposition of municipal property. Where necessary, city 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 and 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. RCW 35.21.820—ride-sharing vehicles;
E. Chapter 35.94 RCW—surplus utility property;
F. Chapters 39.33 and 39.34 RCW—intergovernmental agreements; alternate method for intergovernmental disposition of property;
G. RCW 46.52.145—disposition of abandoned junk motor vehicles;
H. Chapters 63.21 and 63.22 RCW—disposition of found or unclaimed property in the hands of police. (Ord. 2963-06 § 8, 2006)