Chapter 2.76
DISPOSAL OF SURPLUS PROPERTY
Sections:
2.76.020 Responsibility for administration.
2.76.030 Determination of value.
2.76.040 Report to mayor--Initial procedure.
2.76.050 Property worth five thousand dollars or less.
2.76.060 Procedure--Property of a value over five thousand dollars.
2.76.070 Methods of disposition.
2.76.080 Guidelines for decision.
2.76.090 Statutory exceptions.
2.76.010 Purpose.
This chapter establishes procedures for disposition of property, other than real estate, which is surplus to the needs of the city. It is the intention of council that the procedures set forth in this chapter are preferred over others;
Therefore, special procedures called for under other legislation are to be deemed exceptions to this chapter, and their use is to be limited accordingly. (Ord. 1256(part), 1999)
2.76.020 Responsibility for administration.
The mayor, or such other officer as may from time to time be appointed, is responsible for the administration of this chapter. The mayor shall coordinate the disposition of surplus property, and shall aid the council in determining the best method of disposal. All departments of the city shall cooperate with the mayor to ensure the most efficient and beneficial disposition of surplus property. (Ord. 1256(part), 1999)
2.76.030 Determination of value.
A 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 mayor shall determine the reasonable market value. (Ord. 1256(part), 1999)
2.76.040 Report to mayor--Initial procedure.
A city department responsible for property which it wishes to declare surplus shall provide the mayor with a detailed description of the property, its location and condition, and its estimated value. The mayor shall then determine if any other department of the city has use for the property. If such a use is found, the mayor shall carry out the transfer of ownership and shall ensure that, if necessary, the fund disposing of the property is reimbursed for its reasonable market value. (Ord. 1256(part), 1999)
2.76.050 Property worth five thousand dollars or less.
If the property is not needed by the city and the estimated value is five thousand dollars or less, the mayor may dispose of the property by one of the methods listed in this chapter without reporting the matter to the city council. (Ord. 1256(part), 1999)
2.76.060 Procedure—Property of a value over five thousand dollars.
Disposition of surplus property of a value over five thousand dollars must be approved by a majority of the city council.
The procedure is as follows:
A. The council shall examine the report of the mayor at a public meeting, and shall then either give further directions to the mayor.
B. The mayor shall carry out the directions of the council with the assistance of the department owning the property.
C. If directed to do so by the council, the mayor shall prepare a written report of the arrangements made, whereupon:
1. The council shall consider the report of the mayor at either a public or an executive session, and shall then give further directions to the mayor as follows:
a. Approve the disposition;
b. Approve the disposition with additional special conditions; or,
c. Disapprove the proposed disposition, whereupon it shall give the mayor directions for further action. (Ord. 1256(part), 1999)
2.76.070 Methods of disposition.
Permissible methods of disposition of surplus property include, but are not limited to:
A. Public auction;
B. Solicitation of written bids;
C. Negotiated sale to one or more designated buyers only as to property exceeding five thousand dollars in value;
D. Transfer to another agency of government at or below reasonable market value; or
E. Lease or loan. (Ord. 1256(part), 1999)
2.76.080 Guidelines for decision.
The council shall dispose of surplus property in the manner that they deem to be the best interests of the city. Considerations 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. 1256(part), 1999)
2.76.090 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, the following as they may from time to time be amended:
A. Disposition of works of art;
B. RCW 27.12.305, .320, disposition of library materials;
C. RCW 35.21.088, equipment rental;
D. RCW 35.21.660 through .690, .725 through .755, transfers to municipally chartered corporations;
E. RCW 35.21.820, ride-sharing vehicles;
F. RCW Ch. 35.94, surplus utility property;
G. RCW Chs. 39.33 and .34, intergovernmental agreements; alternate method for intergovernmental disposition of property;
H. RCW 46.52.145, disposition of abandoned junk motor vehicles;
I. RCW Chs. 63.21 and 63.22, disposition of found or unclaimed property in the hands of the police. (Ord. 1256(part), 1999)