§ 35.087 DISPOSITION OF SURPLUS PROPERTY.
   (A)   The city shall observe the requirements of KRS 45A.425 as to the disposition of any personal property.
      (1)   Pursuant to KRS 45A.425, the city may sell or otherwise dispose of any personal property which is not needed or has become unsuitable for public use, or which would be suitable, consistent with the public interest, for some other use.
      (2)   A written determination as to need of suitability of any personal property of the city shall be made; and such determination shall fully describe the personal property; its intended use at the time of acquisition; the reasons why it is in the public interest to dispose of the item; and the method of disposition to be used.
      (3)   Surplus or excess personal property as described in this section may be transferred, with or without compensation, to another governmental agency; or it may be sold at public auction or by sealed bids in accordance with KRS 45A.365.
      (4)   In the event that the city receives no bids for surplus or excess personal property, either at public auction or by sealed bid, such property may be disposed of, consistent with the public interest, in any manner deemed appropriate by the City Manager. In such instances, a written description of the property, the method of disposal, and the amount of compensation, if any, shall be made. Any compensation resulting from the disposal of surplus or excess personal property shall be transferred to the General Fund of the city, unless expressly allocated elsewhere by legislative direction or program guideline.
      (5)   Notwithstanding divisions (A)(1) to (A)(4) above, the city may also dispose of surplus property using the procedures in KRS 82.083.
   (B)   The city shall observe the requirements of KRS 82.083 as to the disposition of real property.
      (1)   Before disposing of any real property, the city shall make a written determination setting forth and fully describing:
         (a)   The real property;
         (b)   Its intended use at the time of acquisition;
         (c)   The reasons why it is in the public interest to dispose of it: and
         (d)   The method of disposition to be used.
      (2)   Real property may be disposed in any manner defined by KRS 82.083(4).
      (3)   If the city receives no bids for the real or personal property, either at public or electronic auction or by sealed bid, the property may be disposed of, consistent with the public interest, in any manner deemed appropriate by the city. In those instances, a written description of the property, the method of disposal, and the amount of compensation, if any, shall be made.
      (4)   Any compensation resulting from the disposal of this real property shall be transferred to the General Fund of the city, unless expressly allocated elsewhere by legislative direction or program guideline.
(1984 Code, § 35.77) (Ord. O-24-19, passed 7-23-2019)