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After the council has approved the sale of surplus personal property a notice of sale shall be published in at least two (2) issues of a newspaper of general circulation in the city generally describing the property to be sold, the time and place of sale and the place at which the property can be seen prior to the sale. It shall also state that the property is sold "as is" and without express or implied warranties. The sale may not be held sooner than three (3) days after the second publication. The sale shall be conducted by the mayor or by the director of public works in the absence of the mayor. The city clerk or the designated deputy shall serve as the clerk for the sale. Each item of property shall be sold separately. Unless the council has established a minimum sale price, the highest cash bidder for an item shall be the purchaser. A bill of sale, executed by the person conducting the sale on behalf of the city, shall be delivered to each purchaser. (Ord. 629, 2-5-1980)
In the alternative to the above said disposition of surplus personal property, in the discretion of the city administrator, and with the approval of the mayor and city council at a regularly scheduled meeting thereof, surplus personal property may be sold by the department; provided, however, that the department head shall submit to the city administrator for review by the mayor and city council prior to the sale a list of the said property, an estimate of the fair market value of the said property, and a statement that the said property is no longer used for municipal purposes. With the approval of the majority of the council, said property may be sold to the public at the stated price with all funds from the sale being deposited in the account of the department from which the said property is sold. (Ord. 764, 1-20-1998)