Chapter 1.28
DISPOSAL OF SURPLUS REAL AND PERSONAL PROPERTY OF THE CITY
Sections:
1.28.010 Authority to sell real property.
1.28.020 Real property – Minimum price.
1.28.030 Real property – Competitive bidding required – Exceptions.
1.28.040 Real property – Advertising and posting.
1.28.050 Real property – Advertising requirements.
1.28.060 Real property – Consideration of bids.
1.28.065 Real property – Procedure for sale of substandard parcel.
1.28.070 Personal property – Sale authority.
1.28.075 Personal property – Method of disposition.
1.28.080 Trade-in of personal property.
1.28.090 Repealed.
1.28.100 Repealed.
1.28.110 Personal property – Advertising for bids.
1.28.115 Personal property – Notice requirements for public auction.
1.28.120 Repealed.
1.28.130 Personal property – Consideration of bids.
1.28.140 Personal property – Cash sales required – Exceptions.
1.28.150 Personal property – Statutory exceptions.
1.28.010 Authority to sell real property.
Whenever it appears to the city council that it is for the best interests of the city and the people thereof that real property belonging to the city should be sold, the city council shall sell and convey such property under the limitations and restrictions and in the manner provided in this chapter. (Ord. 714 § 1, 1983).
1.28.020 Real property – Minimum price.
The city council shall fix a minimum price at which such real property may be sold. No sale shall be made unless at least the minimum price fixed by the council is bid. (Ord. 714 § 2, 1983).
1.28.030 Real property – Competitive bidding required – Exceptions.
The city clerk shall advertise for written competitive bids on any sale of real property, except as follows:
A. When selling to a governmental agency;
B. When the city council, by resolution, has determined that another commercially reasonable method of sale is in the city’s best interests, including, but not limited to, auction, negotiated sale, or listing with a broker or agent; or
C. The property to be sold is a parcel that, due to its size, shape or dimensions, does not qualify as a buildable lot under the city zone code. (Ord. 1751 § 1 (Exh. A), 2011; Ord. 1722 § 1, 2010; Ord. 1065 § 1, 1991; Ord. 714 § 3, 1983).
1.28.040 Real property – Advertising and posting.
The city clerk shall publish an advertisement for bids on the sale of real property once a week for two consecutive weeks in the official newspaper of the city. In addition thereto, the city clerk shall also post said advertisement in three public places in the city. Both the posting and the date of the last publication shall be at least five calendar days before the final date for submitting the bids. (Ord. 1751 § 1 (Exh. A), 2011; Ord. 714 § 4, 1983).
1.28.050 Real property – Advertising requirements.
The advertisement for bids shall particularly describe the property or portion thereof proposed to be sold and when and where the bids are to be submitted, shall designate the place and the time that the bids will be opened, shall set forth the minimum price established by the city council and shall set forth the terms of the sale. (Ord. 714 § 5, 1983).
1.28.060 Real property – Consideration of bids.
The bids shall be opened in public at the time and place stated in the advertisement for bids. The city council may reject any or all bids, or the bid for any one or more of the parcels of real property included in the advertisement for bids. (Ord. 714 § 6, 1983).
1.28.065 Real property – Procedure for sale of substandard parcel.
Any parcel of land that is declared surplus and meets the criteria of FMC 1.28.030(C) shall be sold in the same manner and on the same conditions as if it were vacated city road right-of-way. (Ord. 1065 § 2, 1991).
1.28.070 Personal property – Sale authority.
The city manager may authorize the sale or disposal of personal property of the city, including supplies, materials and equipment, if the city manager finds that such property is not needed at present or in the foreseeable future and is no longer of value or use to the city; provided, however, that if the property has an estimated value greater than $10,000, prior approval of the sale or trade-in and method of disposition must be obtained from the city council. The city manager shall include in his annual budget report to the city council a list of all surplus property that was sold with a value of at least $5,000 and of all vehicles sold from the city’s fleet, regardless of value. (Ord. 1834 § 1, 2013; Ord. 1485-03 § 1, 2003; Ord. 719 § 1, 1983).
1.28.075 Personal property – Method of disposition.
A. If the estimated value of the surplus property is $10,000 or less, the city manager may dispose of the property by informal procedures in any manner deemed to be in the city’s best interests.
B. If the surplus property has an estimated value greater than $10,000, it may be disposed of in one of the following methods:
1. Public auction;
2. Solicitation of written bids;
3. Negotiated sale to one or more designated buyers;
4. Transfer to another agency of government; or
5. Trade-in upon the purchase of a like article. (Ord. 1834 § 2, 2013; Ord. 1485-03 § 2, 2003).
1.28.080 Trade-in of personal property.
A. The city manager may direct either the sale or the “trade-in” of used personal property upon the purchase of new, similar personal property.
B. If the city manager elects to trade-in used personal property he or she 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. 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.
C. 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.
D. In determining the lowest and best bid on the new equipment, the city shall consider the net cost to the city of such new equipment after trade-in allowances have been deducted.
E. The city 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.
F. The city manager may accept an independent offer to purchase the used equipment rather than allowing a trade-in, if that is most cost effective to the city. (Ord. 1485-03 § 3, 2003; Ord. 714 § 8, 1983).
1.28.090 Personal property – Minimum pricing.
Repealed by Ord. 1485-03. (Ord. 714 § 9, 1983).
1.28.100 Personal property – Competitive bidding required – Exceptions.
Repealed by Ord. 1485-03. (Ord. 719 § 2, 1983).
1.28.110 Personal property – Advertising for bids.
When sale of surplus property is to be by written bid, the city clerk shall publish an advertisement for bids once each week for two consecutive weeks in the official newspaper of the city and shall also post the advertisement in three public places in the city. Both the posting and the date of the last publication shall be at least five calendar days before the final date for submitting the bids. The advertisement for bids shall particularly describe the property to be sold or shall refer to the approved specifications on file in the office of the city clerk, and shall designate when and where the bids are to be submitted, the place and the time that the bids will be opened, the minimum price, if any, and the terms of the sale. (Ord. 1751 § 1 (Exh. A), 2011; Ord. 1485-03 § 4, 2003; Ord. 714 § 11, 1983).
1.28.115 Personal property – Notice requirements for public auction.
When sale is to be by public auction, the city clerk shall publish a notice of public auction of the personal property once each week for two consecutive weeks in the official newspaper of the city and shall also post the notice in three public places in the city. Both the posting and the date of the last publication shall be at least five calendar days before the date of the auction. The notice of public auction shall particularly describe the property to be sold or shall refer to the approved specifications on file in the office of the city clerk, and shall designate the place and the time of the auction, the minimum price, if any, and the terms of sale. (Ord. 1751 § 1 (Exh. A), 2011; Ord. 1485-03 § 5, 2003).
1.28.120 Personal property – Advertising requirements.
Repealed by Ord. 1485-03. (Ord. 714 § 12, 1983).
1.28.130 Personal property – Consideration of bids.
If the sale is upon sealed bids, the bids shall be opened in public at the time and place stated in the advertisement for bids. The city may reject any or all bids, or the bid for any one or more of the articles included in the advertisement for bids. (Ord. 1485-03 § 6, 2003; Ord. 714 § 13, 1983).
1.28.140 Personal property – Cash sales required – Exceptions.
Sales of personal property must be for cash, except as follows:
A. When property is transferred to a governmental agency;
B. When the city property is to be traded in on the purchase of a like article, in which case the proposed cash allowance for the trade-in must be a part of the proposition to be submitted by the seller in the transaction. (Ord. 714 § 14, 1983).
1.28.150 Personal property – Statutory 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, Chapter 35.94 RCW (Surplus Utility Property) and Chapter 39.33 RCW (Alternate Method for Intergovernmental Disposition of Property). (Ord. 1485-03 § 7, 2003).