173.06 DISPOSITION OF SURPLUS PROPERTY.

   (a)    Personal property of the City not needed by the department or office in which it is located or under its charge shall be turned over to the City Purchasing Agent for disposition.

      (1)   If any such property is not suitable to be used by any other department or office of the City or cannot otherwise be disposed of as provided herein, and if its storage or disposition by auction as provided hereunder is not cost effective, and if it is deemed valueless by the Purchasing Agent upon the approval of the City Manager or his designee, then such property shall be disposed of by the Purchasing Agent by the most cost-effective method as determined by him and approved by the City Manager.

      (2)   If any such property is suitable to be used by any other department or office of the City, it shall be charged to such other department at its current value or it shall be placed in the City's general storeroom or warehouse until such time as it is needed or can be used. If it is not needed or is not suitable for the use of any department or office of the City, it shall be sold by the Purchasing Agent, and the proceeds of such sale shall be credited to the fund of the City from which such property was purchased. Such sale shall be conducted in like manner as are purchases in amounts equal to the anticipated receipt from such sales, including posting and/or advertising as may be appropriate for the amount in issue.

         (Ord. 97-9-103. Passed 9-24-97.)

   (b)    Notwithstanding subsection (a) hereof, personal property which the City intends to dispose of through a sale to, or trade with, another governmental agency shall not be publicly advertised or sold. In such cases if the City Manager decides to proceed to sell or trade property, he shall prepare and submit to Council a report generally describing the property to be sold or traded to another governmental agency, the property's estimated fair market value and the consideration to be received by the City in exchange for such sold or traded property, which consideration may be received in cash or in property. Such sale or trade may or may not be approved by Council. In the event Council does approve such sale or trade, it shall adopt a resolution authorizing the City Manager to execute the necessary documents to consummate the transaction as proposed.

(Ord. 93-5-51. Passed 5-26-93.)

   (c)   Notwithstanding subsections (a) and (b) hereof, when the reasonable charges incurred by the City to tow and store a motor vehicle, which has been seized by the Police Division and subsequently ordered forfeited by a court of competent jurisdiction pursuant to state or local law, equal or exceed the fair market value of such motor vehicle, such value being determined by a current reliable indicator of the fair market value of motor vehicles, title to such motor vehicle may be transferred from the City to the towing and storage provider in full payment of such towing and storage charges.

(Ord. 95-4-40. Passed 4-26-95.)

   (d)   The provisions of subsection (a) hereof are hereby waived for the disposition of used motor vehicles, utilized in covert and undercover activities of the Police Division and purchased from a dealer of motor vehicles. Each such vehicle shall be resold to a dealer of motor vehicles in trade for a different motor vehicle utilized in covert and undercover activities of the Police Division upon the time the vehicle has been compromised and is of no further benefit to the undercover activities of the Police Division. The proceeds from the resale of such vehicle shall be placed into the City fund from which it was paid.

(Ord. 2012-11-85. Passed 11-28-12.)