§ 3.12.100 DISPOSAL OF SURPLUS SUPPLIES OR EQUIPMENT.
   (A)   The head of any city department may declare supplies or equipment (collectively “personal property”) held by the department surplus. The declaration shall be in writing and the written declaration shall be delivered to the City Manager who shall maintain a written inventory of surplus supplies and equipment for circulation to and review by each department. If any department has use for the personal property, the department head may request reassignment of the personal property from the City Manager. The City Manager shall have the authority to assign the personal property to the department best able to make use of the personal property. If no department head makes a request for use of the personal property after the inventory report has been circulated for one month, the personal property shall be deemed surplus.
   (B)   (1)   The City Manager shall have the authority to dispose of surplus supplies or equipment by auction or sale or otherwise after receiving bids or proposals which, in his or her judgment, provide the best return to the city.
         (a)   Sale on the open market. The City Manager shall cause to be published at least three days before the sale, in a locally adjudicated newspaper or newspaper circulated in the city, and by posting on any city website, a notice of sale setting forth a general description of the personal property to be sold, and the day, time and location of the sale. The terms of all sales shall be cash in the amount of the full purchase price.
         (b)   Sale by sealed bid or auction. As an alternative to the sale on the open market, the City Manager may, when, in his or her judgment, it is in the best interest of the city, sell surplus personal property by means of sealed bid or public auction. In the case of sale by sealed bid or public auction, the City Manager shall cause to be published at least three days before the sale, in a locally adjudicated newspaper, and by posting on any city website, a notice setting forth a general description of the surplus personal property to be sold, and the day, time and location of the sale. The terms of all sales shall be cash in the amount of the full purchase price.
      (2)   In conducting an auction, the City Manager may contract with a professional auctioneer and allow a flat fee, hourly fee or percentage of the amount of the sale to be paid based upon that which is common and customary method and rate for the auctioneering services.
   (C)   The City Manager may, when in his or her judgment, sale or auction of surplus personal property is infeasible or will result in minimal return to the city, recommend to the City Council that the surplus personal property be donated to any other governmental organization (including those outside the United States) or non-profit group or corporation exempt from federal taxes pursuant to I.R.C. § 501(c)(3) located within or serving the city. Surplus personal property shall only be donated upon approval by the City Council.
(Ord. 2008-02, passed 10-1-2008)