Chapter 3.44
SALE AND DISPOSAL OF SURPLUS PROPERTY

Sections:

3.44.010    Sale or donation of surplus property owned by the city – General requirements.

3.44.020    Sale of surplus property of $1,000 or less in value.

3.44.030    Sale of surplus property over $1,000 in value.

3.44.040    Sale of surplus property to another governmental entity.

3.44.050    Trade-in of surplus vehicles valued at over $1,000.

3.44.060    Trade-in or sale of firearms valued at over $1,000.

Legislative history: Ords. 96-391 and 97-427.

3.44.010 Sale or donation of surplus property owned by the city – General requirements.

A. Subject to this chapter, the city manager may authorize department directors to sell property that is in the custody of the departments and owned by the city when said properties are no longer of public use to the city.

B. Department directors shall certify in writing to the city manager that city-owned property is no longer of public use, that they have taken reasonable steps to determine the value of the property, and the estimated value of such property.

C. The city manager may also authorize a donation of surplus property with an estimated value less than $250.00 to a specific bona fide charitable organization, which is tax exempt pursuant to Internal Revenue Code Section 501(c)(3).

D. This chapter shall not apply to the sale or disposal of real property.

3.44.020 Sale of surplus property of $1,000 or less in value.

A. Approval of the city council is not required for the sale or disposition of any city-owned surplus property with an estimated value of $1,000 or less.

B. When such property has been certified for disposition by a department director, sale or disposition shall be made by the city manager in accordance with informal procedures. No member of the city council or members of their immediate family, and/or city employees or members of their immediate family, may acquire such property if the city employee or official had any role in establishing the valuation or price of said property.

3.44.030 Sale of surplus property over $1,000 in value.

Upon approval by the city council, surplus property owned by the city which is no longer of public use and which is valued at more than $1,000 shall be sold by calling for sealed bids or by live auction, at the council’s discretion.

A. Sale by Sealed Bidding.

1. The call for sealed bids shall contain a description of the property to be sold, the location thereof, the name and address of the person with whom the bid is to be filed, the last date for filing bids, and any other pertinent information required by the city manager. Such call shall be published at least once in the official newspaper of the city not less than five days before the last date for filing of bids.

2. Each bid shall be accompanied by a deposit in the form of a certified or cashier’s check in the amount equal to but not less than 10 percent of the amount of the bid. All such deposits so made shall be returned to the unsuccessful bidders after award of a bid, if any. The deposit of the successful bidder shall be applied toward the bid price, or upon failure of such bidder to consummate the purchase, such deposit shall be forfeited as liquidated damages and such deposit shall be credited to the appropriate account.

3. Sealed bids shall be opened in public by the city clerk or duly authorized agent at the time and place specified in the call for bids. The city clerk or duly authorized agent shall make a tabulation of all bids received and forward the bids to the city manager for approval or rejection. The city manager shall accept the highest bid that exceeds the city’s estimated value.

4. In the event no bids are received, all bids are rejected, or no bid exceeds the city’s estimated value, the city manager may either ask for new sealed bids or direct the sale or disposition of such surplus property under the procedures adopted pursuant to MCMC 3.44.020.

B. Sale by Live Auction.

1. Notice of the live auction, a description of the property to be sold and any other pertinent information required by the city manager shall be published at least once in the official newspaper of the city not less than five days before the auction.

2. The auction shall be conducted by the city manager or at his direction. The city manager shall accept the highest bid that exceeds the city’s estimated value.

3. In the event no bids are received or no bids exceed the city’s estimated value, the city manager may direct the sale or disposition of such surplus property under the procedures adopted pursuant to MCMC 3.44.020.

3.44.040 Sale of surplus property to another governmental entity.

A. Sale or disposition of surplus property with a value of $5,000 or less to another governmental entity shall be in accordance with MCMC 3.44.020.

B. Sale or disposition of surplus property with a value of more than $5,000 shall be in accordance with the procedures for public notice and hearing in RCW 39.33.020.

3.44.050 Trade-in of surplus vehicles valued at over $1,000.

A. Notwithstanding MCMC 3.44.030, approval of the city council is not required for the trade-in of surplus city vehicles valued at more than $1,000 when purchasing new city vehicles, so long as the city receives appropriate trade-in value for the surplus vehicle. Appropriate trade-in value shall be determined by reference to “The Blue Book” or other similar published reference book.

B. When a surplus city vehicle has been certified for trade-in by a department director in accordance with this chapter, such trade-in may be approved by the city manager in accordance with informal procedures. No member of the city council or members of their immediate family, and/or city employees or members of their immediate family, may acquire such property if the city employee or official had any role in establishing the valuation or price of said property.

3.44.060 Trade-in or sale of firearms valued at over $1,000.

A. Notwithstanding MCMC 3.44.030, firearms held or owned by the city and valued at more than $1,000 may be sold or traded in without call for sealed bids or auction upon approval of the city council. The chief of police shall verify to the council that the city will receive appropriate value for the firearms, and shall otherwise certify the sale or trade-in of the firearms in accordance with this chapter. The proceeds of such sale may be used to purchase new police firearms.

B. No member of the city council or members of their immediate family, and/or city employees or their immediate family, may acquire such firearms if the city employee or official had any role in establishing the valuation or price of said firearms. (Ord. 2001-515 § 1)