§ 2-13-250. Sale of surplus and unclaimed property.

(a)

Personal property which is recorded as a city asset may not be sold unless it is declared surplus property by a department director and the city purchasing officer, in accordance with applicable rules and regulations. Before sale of said property, all other department directors shall be made aware of the property in question and if they so desire, said property shall be transferred to their department. An "asset transfer" form shall be completed and filed with the accounting department.

(b)

Surplus personal property and unclaimed personal property shall be sold either at public auction conducted by a licensed auctioneer, by sealed bids, electronic medium or as otherwise determined by the city purchasing manager. The sale of surplus personal or unclaimed personal property shall be reported to the city finance department. If the value of the property exceeds five thousand dollars ($5,000.00), notice of the sale shall be published two (2) times in a newspaper of general circulation. Published notices shall be at least seven (7) days apart and the final notice shall be at least seven (7) days prior to the advertised date of sale. If the value of the property is over ten thousand dollars ($10,000.00), a written appraisal of the property shall be made. The terms of sale are:

(1)

For cash, cashier's check, certified check, or letter of credit;

(2)

Sold to the highest bidder "as is, where is;"

(3)

Full settlement to be made prior to the removal of any item. Upon settlement, the item becomes the responsibility of the purchaser;

(4)

Items may be inspected in accordance with the provisions of the notice of sale;

(5)

Any or all bids may be rejected; and

(6)

A minimum acceptable sale price may be established for any item of surplus property and if established, shall be stated in the notice of sale.

(c)

If a minimum acceptable sale price has been established for an item of surplus personal property and no bid equaling or exceeding this amount has been received, then the central purchasing office may negotiate the sale of such item at a sale price acceptable to the city manager.

(d)

Property and/or firearms seized by the department of public safety shall be disposed of in accordance with the provisions of this section unless terms of any court order(s) pertaining to the disposal of particular items would require different procedure(s).

(e)

If the city is unable to dispose of the property through the procedures outlined above, the central purchasing office may sell, or if the property has no value, donate the property to any organization described in section 501c(3) of the Internal Revenue Code of 1986.

(f)

If the city is unable to dispose of the property through the procedures outlined above, the central purchasing office may destroy the property or otherwise permanently dispose of it.

(Ord. No. 1185, § 25, 6-22-04; Ord. No. 1273, § 14, 6-13-06)