2-1-17: DISPOSAL OF SURPLUS PROPERTY:
   A.   Real Property.
      1.   The City Council may authorize by resolution the disposal, including by sale, lease, or other lawful manner, of real property for the benefit of the City as provided by Utah Code Ann. 10-8-2, as amended. A significant parcel of real property is a parcel greater than one acre or that has a reasonable value more than $100,000.
      2.   The Chief Procurement Officer shall make an initial determination that real property is surplus. Surplus real property may include real property that is not needed for City infrastructure; property whose cost to maintain outweighs its value to the City; property that is part of a trade that will benefit the City, the sale of which will realize significant financial benefits to the City; or the disposal of which is otherwise in the public interest.
      3.   Before the City may dispose of a significant parcel of real property, the City shall provide notice and hold a public meeting at which the City Council shall accept public comment on the proposed disposition.
      4.   All disposal, leases, or subleases of such real property of the City other than a significant parcel of real property, shall be made, as nearly as possible, under the same conditions and limitations as required by this chapter for the purchase of property, including notice and bidding procedures.
      5.   The City Council may authorize at its discretion and under such terms and conditions as it deems desirable, fair and appropriate, considering the intended use, property tax value and the interests of the City, the sale of any surplus real property, through public auction or other method designed to best serve the interests of City residents and produce a fair return; the trade or exchange or any surplus real property; or the lease or sublease of any surplus real property.
   B.   Personal Property.
      1.   Whenever personal property is no longer needed by a City department, the Department Head having control of such property shall notify the Chief Procurement Officer or designee. The Chief Procurement Officer or designee shall notify other City departments of the availability of such property. If the property is requested, the Chief Procurement Officer or designee shall supervise the transfer of such property to the department requesting the property.
      2.   If City personal property becomes surplus, unused, obsolete, unsuitable for public use, or otherwise no longer needed, the property shall be disposed of as follows:
         a.   City personal property that is included in the fixed asset register shall not be disposed of, or sold through public auction, until such property is declared surplus by the City Council. Once this property is declared surplus by the City Council, it may be sold to the highest bidder by the Purchasing Agent through an approved public auction service provider or through public auction.
         b.   City personal property that was not originally included in the fixed asset register may be sold to the highest bidder by the Purchasing Agent through an approved public auction service provider or by conducting a public auction.
         The Chief Procurement Officer shall have the right to reject any bids or offers for City personal property when in the best interest of the City.
         c.   If a surplus item remains unsold after reasonable attempts to sell it through public auction, the Chief Procurement Officer may sell the surplus item to any person for such price as the Chief Procurement Officer deems appropriate or may dispose of the item at the Chief Procurement Officer’s discretion.
         d.   Personal property that is fully consumed in its use for official City business shall be disposed of in any reasonable manner approved by the Purchasing Agent.
         e.   Monetary proceeds from the sale or other disposition of items pursuant to this section which were an enterprise fund asset or purchased with enterprise fund revenues shall be credited to the respective enterprise fund.  All other proceeds shall be credited to the City’s general fund.
         f.   Where personal property is of such a size, shape, or is so unique as to be unmarketable, the requirements of this section may be waived and such property may be sold or otherwise disposed of in any reasonable manner, with the approval of the City Council. (Ord. 2020-01, 4-14-2020)