Chapter 3.53
DISPOSITION OF SURPLUS PERSONAL PROPERTY
Sections:
3.53.020 Mayor authorized to sell or dispose of surplus property.
3.53.030 Approval to sell or dispose of surplus property.
3.53.040 Sale or disposal of surplus property.
3.53.010 Purpose.
This chapter applies to personal property originally acquired for city purposes. It does not apply to property that comes into city possession by abandonment, such as unclaimed property in the hands of the city police, junk vehicles, and other property that was not acquired for city purposes. This chapter is intended to provide for disposition of surplus property in a manner that is beneficial to the city and its citizens. (Ord. 3099 § 1 (Exh. A), 2018).
3.53.020 Mayor authorized to sell or dispose of surplus property.
The mayor is authorized to declare personal property that is no longer of public use or utility as surplus to the city’s needs and to sell or otherwise dispose of such surplus property in the best interests of the city. (Ord. 3099 § 1 (Exh. A), 2018).
3.53.030 Approval to sell or dispose of surplus property.
(1) A department director who determines that his or her department is in possession of property that is of no current or future use to the city will specifically identify the property and state the reasons for that determination in writing and recommend the best process for disposing of the property. The determination and recommendation will be submitted to the finance director and city attorney for review. If those officials concur in the determination and recommendation it will be forwarded to the chief administrative officer who will recommend to the mayor whether to approve or deny the request. If the mayor approves, the appropriate city staff will take all necessary action to sell or otherwise dispose of the property. The mayor may delegate his or her authority under this chapter.
(2) If any surplus property was originally acquired with grant funds, the department director will ensure that sale or disposal of the property is consistent with any grant requirements or restrictions by consulting with the city attorney and, if necessary, the granting agency. The written determination of surplus will include verification that this step has been followed for property originally acquired with grant funds. (Ord. 3099 § 1 (Exh. A), 2018).
3.53.040 Sale or disposal of surplus property.
(1) All commercially reasonable methods of selling surplus property are authorized. In determining the appropriate method of sale, consideration will be given to the present value of the surplus property, the cost of the method of sale to the city including staff time, likelihood of finding a buyer, which method is most likely to result in the greatest monetary benefit to the city, and the general welfare of the citizens of the city. Vehicles or equipment may be traded in when trade-in is determined to be the best option.
(2) Where the expected cost of a sale or auction of surplus property is reasonably expected to exceed the proceeds of the sale or auction, city staff are authorized to dispose of the property in the most economical fashion possible, including making it available to nonprofit organizations or the public on a first-come basis.
(3) All sales and donations of surplus property will comply with the city ethics code. (Ord. 3099 § 1 (Exh. A), 2018).
3.53.050 Documentation.
The written surplus determination, recommended disposition method, and mayor’s approval will be forwarded to the finance department along with records documenting the sale or other disposition of the property. The finance director will ensure that any proceeds are credited to the proper fund of the city. (Ord. 3099 § 1 (Exh. A), 2018).
3.53.060 Exceptions.
(1) Property originally acquired for public utility purposes that is surplus to the city’s needs and is not required for providing continued public utility service may only be sold or otherwise disposed of in accordance with RCW 35.94.040.
(2) Intergovernmental transfers of surplus property must be approved by the city council and will comply with RCW 39.33.010 and 39.33.020.
(3) Real property may be declared surplus only by action of the city council. (Ord. 3099 § 1 (Exh. A), 2018).