Chapter 3.36
SURPLUS PROPERTY
Sections:
Article I. Authority Generally
3.36.005 Authority to surplus.
Article II. Real Property
3.36.010 Authority to sell real property.
3.36.062 Public hearing required – When.
Article III. Personal Property
3.36.070 Personal property – Method of disposition.
3.36.090 Personal property – Minimum price.
3.36.100 Personal property – Advertising requirements and posting.
3.36.110 Personal property – Consideration of bids.
3.36.120 Personal property – Cash sales required – Exceptions.
3.36.130 Personal property – Statutory exceptions.
3.36.135 Public hearing required – When.
Article IV. Intergovernmental Disposition of Real or Personal Property
3.36.150 Intergovernmental dispositions.
3.36.160 Hearing required – When.
Article I. Authority Generally
3.36.005 Authority to surplus.
Prior to the city’s disposition of any real or personal property, it shall be deemed surplus to the city’s ongoing needs in the following manner: (1) the city administrator or their designee shall have authority to administratively deem property with an estimated value of equal to or less than $500.00 as surplus; (2) the city council finance and personnel committee shall have authority to deem property with an estimated value of greater than $500.00 and up to and including $50,000 as surplus; and (3) the city council shall have authority to deem property with an estimated value of greater than $50,000 as surplus, by passage of a resolution. (Ord. 2734 § 1 (Exh. A) (part), 2020)
Article II. Real Property
3.36.010 Authority to sell real property.
Whenever it appears to the city council that it is in 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 article consistent with the provisions of RCW 35A.11.010 and, for municipal utility related property, consistent with chapter 35.94 RCW, as currently enacted or hereafter amended. (Ord. 2734 § 1 (Exh. A) (part), 2020: Ord. 2371 § 1, 2011: Ord. 2317 § 2 (part), 2010)
3.36.020 Real property – Minimum price.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.030 Real property – Competitive bidding required – Exceptions.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.040 Real property – Advertising and posting.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.050 Real property – Advertising requirements.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.060 Real property – Consideration of bids.
Repealed by Ord. 2371. (Ord. 2317 § 2 (part), 2010)
3.36.062 Public hearing required – When.
Prior to the city’s surplus and disposal of real property that was originally purchased for utility purposes, the city shall hold a public hearing if required by RCW 35.94.040, as currently enacted or hereafter amended. (Ord. 2734 § 1 (Exh. A) (part), 2020)
Article III. Personal Property
3.36.065 Scope.
This article establishes procedures for the disposition of city surplus personal property including, but not limited to, supplies, materials and equipment. (Ord. 2734 § 1 (Exh. A) (part), 2020: Ord. 2317 § 2 (part), 2010)
3.36.070 Personal property – Method of disposition.
A. If the estimated value of the surplus property is $500.00 or less, the city administrator or their designee may dispose of the property in any manner deemed to be in the city’s best interests. If the estimated value of the surplus property is greater than $500.00 and up to and including $50,000, the city administrator or their designee may dispose of the property in any manner deemed to be in the city’s best interests after the surplus has been approved by the city council finance and personnel committee.
B. If the surplus property has an estimated value greater than $50,000 or was originally acquired for public utility purposes as contemplated by RCW 35.94.040, prior approval of the sale or trade-in and method of disposition must be obtained from the city council. Such property may be disposed of through one of the following methods:
1. Transfer to another agency of government, subject to SMC 3.36.140;
2. Public or privately operated consignment auction;
3. Donated to a 501(c)(3) organization;
4. Solicitation of written bids;
5. Negotiated sale to one or more designated buyers;
6. Trade-in upon the purchase of a like article; or
7. An advertisement posted in an online or paper publication or on the city’s website. (Ord. 2734 § 1 (Exh. A) (part), 2020: Ord. 2470 § 4 (part), 2014; Ord. 2317 § 2 (part), 2010)
3.36.080 Trade-in of personal property.
Repealed by Ord. 2734. (Ord. 2317 § 2 (part), 2010)
3.36.090 Personal property – Minimum price.
The city council may fix a minimum price at which such property may be sold. No sale shall be made unless the minimum price fixed by the city council is bid. (Ord. 2734 § 1 (Exh. A) (part), 2020: Ord. 2317 § 2 (part), 2010)
3.36.100 Personal property – Advertising requirements and posting.
When sale of surplus property is to be by written bid or public auction, the city clerk shall advertise for bids on the sale of the personal property by either: (1) posting such advertisement on the city’s website; or (2) posting such advertisement in printed or online classifieds. Advertisements shall be posted at least five calendar days prior to the final date for submitting the bids or the date of the auction. The notice of public auction or advertisement for bids shall particularly describe the property to be sold and shall designate when and where the bids are to be submitted or the place and the time of the auction, the minimum price, and the terms of sale. (Ord. 2734 § 1 (Exh. A) (part), 2020: Ord. 2317 § 2 (part), 2010)
3.36.110 Personal property – Consideration of bids.
If the sale is upon sealed bids, bids shall be opened in public at the time and place stated in the advertisement. The city council may reject any or all bids, or the bid for any one or more of the articles included in the advertisement for bids. (Ord. 2734 § 1 (Exh. A) (part), 2020: Ord. 2317 § 2 (part), 2010)
3.36.120 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. 2734 § 1 (Exh. A) (part), 2020: Ord. 2317 § 2 (part), 2010)
3.36.130 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 if any provision of those laws otherwise conflict with the provisions of this chapter. Exceptions include, but are not limited to, chapters 35.94 (Surplus Utility Property) and 39.33 (Alternate Method for Intergovernmental Disposition of Property) RCW. (Ord. 2734 § 1 (Exh. A) (part), 2020: Ord. 2317 § 2 (part), 2010)
3.36.135 Public hearing required – When.
Prior to the city’s surplus and disposal of personal property that was originally purchased for utility purposes, the city shall hold a public hearing if required by RCW 35.94.040, as currently enacted or hereafter amended. (Ord. 2734 § 1 (Exh. A) (part), 2020)
Article IV. Intergovernmental Disposition of Real or Personal Property
3.36.140 Scope.
This article applies to the disposition of any real or personal city property to another governmental agency when such disposition is authorized by and made pursuant to chapter 39.33 RCW. All such dispositions shall comply with the requirements of chapter 39.33 RCW, as currently enacted or hereafter amended. (Ord. 2734 § 1 (Exh. A) (part), 2020)
3.36.150 Intergovernmental dispositions.
As an alternative to the requirements of Article II or Article III of this chapter, and to the extent authorized by chapter 39.33 RCW, the city may sell, transfer, exchange, lease or dispose of any property, real or personal, or property rights to another municipality or any political subdivision thereof, to the federal government, to a federally recognized Indian tribe, or to a foreign entity upon such terms and conditions as are mutually agreed upon by the parties so long as the city receives full and fair value for such property, taking into account all of the circumstances of the transaction. (Ord. 2734 § 1 (Exh. A) (part), 2020)
3.36.160 Hearing required – When.
Prior to the intergovernmental disposition of surplus real property with an estimated value of more than $50,000, the city council shall hold a public hearing, and provide notice of such hearing if required by the provisions of RCW 39.33.020, as currently enacted or hereafter amended. (Ord. 2734 § 1 (Exh. A) (part), 2020)