(A) Fixed assets.
(1) Any tangible item that costs a minimum of $10,000.00 and has a minimum life expectancy of one year is considered to be a FIXED ASSET.
(2) For accountability, all fixed assets can be tracked via permanent, sequentially-numbered identification tags placed on the item or associated with the item.
(3) The number is unique to the item and remains assigned to the item for its useful life.
(4) The procurement department shall maintain an inventory of the county's fixed assets.
(5) For internal control purposes, fixed assets, such as buildings, other improvements and land, are assigned fixed asset control numbers in the accounting records.
(B) Disposition of county property.
(1) The procurement director shall have the authority and responsibility to promulgate regulations governing the procurement, management control, and disposition of any and all property, supplies, services, and/or construction to be procured to the county.
(a) All items of personal property belonging to the county may be declared surplus or “excess fixed asset,” and authorized to be sold, transferred, traded, gifted, dismantled or placed in storage by the county.
(b) To facilitate this process, each department shall inventory and report to the procurement department all surplus personal property that:
1. Is not in actual public use;
2. Has become obsolete or worn out; and
3. Is being held by that department for sale or disposition.
(c) The procurement director shall ensure that one of the procedures described below is followed for the disposal of the surplus property or excess fixed asset designated for sale, transfer, trade-in, gift, dismantling or storage:
1. Sale.
a. The sale, lease or disposal of surplus supplies or excess fixed asset by public auction, competitive sealed bidding to the highest bidder, or other appropriate methods (GovDeals).
b. County-owned personal property should be disposed of through public auction or publicly advertised sealed bids, with approval of County Council where feasible.
c. The sale of all county-owned equipment, materials, supplies or other personal property not in actual public use shall be conducted and directed by the procurement department and its director.
d. Sales shall be held at such places and in such manner as, in the judgment of the procurement director, shall be most advantageous to the county.
e. Auctions should be held on an annual basis or whenever the procurement director deems it will be in the best interest of the county.
f. The procurement director shall deposit the proceeds from such sales, less expense of the sales, in the fund where the item originated or as otherwise directed by the finance director.
2. Transfer.
a. Surplus supplies or excess fixed assets may be transferred between agencies and departments.
b. The procurement director has the authority to transfer items no longer usable by one department which may be usable by another department.
c. The procurement director shall maintain records of all such interdepartmental transfers.
3. Trade-in sales and value.
a. Unless otherwise provided by law, governmental bodies may trade in personal property, the trade-in value of which may be applied to the procurement or lease of like items.
b. The procurement director shall have the authority to determine whether the subject property shall be traded in, and the value applied to the purchase of new like items; or whether the property shall be classified as surplus and sold in accordance with the provisions of this subchapter.
4. County property gift. Certain county property may be donated to a non-profit organization or other governmental agency or department, upon approval by the County Council, if the item(s) have been determined to have no further value to the county. County property of de-minimis value to the county, such as used furniture or kitchen equipment, may be donated by the procurement department to a non-profit organization.
5. Dismantling. Certain property, deemed by the procurement director and using agency to be of no value and not suitable for sale, transfer, trade-in or gift, may be dismantled and disposed of permanently and in an appropriate fashion.
6. Storage. Certain personal property may be held in storage until an appropriate time for disposal, in accordance with this subchapter.
7. Weapons. If the sheriff desires to give a law enforcement officer his or her service revolver upon the officer's retirement, the sheriff must receive approval from the County Council during a regularly scheduled Council meeting.
(2) Disposal of county real estate or real property.
(a) General provisions.
1. It shall be the policy of the county to offer for sale, at fair market value, all surplus real property owned by the county.
2. Surplus real property shall be sold exclusively to adjacent property owners only when, as determined by the appraiser's report, such property is usable only by the adjacent property owner(s).
3. When property is sold, adequate legal provisions shall be made so that no owner will be denied access to his or her property as a result of the sale.
(b) Appraisal of property. All surplus real property must be appraised to determine fair market value.
(c) Management review and recommendation.
1. When it is determined that real property is no longer needed for current or future use by a department, it shall be considered surplus.
2. Following review, the county manager will request authorization from the County Council to sell those county-owned real properties deemed to be surplus.
(d) County Council authorization.
1. The County Council must authorize the sale of any surplus real property.
2. Authorization may be in the form of direction to the county manager, after being placed on the Council agenda regarding the specific property to be offered for sale.
(e) Procedures for sale of real property. Subject to the public hearing requirements expressed herein, after County Council authorization, real property deemed surplus will be sold according to the following procedures:
1. Properties valued at $10,000 or less.
a. The county manager shall make arrangements for the sale of surplus real properties valued at $10,000 or less, through negotiation at not less than the minimum selling price, or if less than fair market value upon approval of the County Council.
b. If negotiations are not completed within one year from the date of County Council authorization, a new appraisal must be made.
2. Properties valued at more than $10,000.
a. The procurement director will advertise surplus real properties valued at more than $10,000 at least twice in local newspapers, with the advertisement containing the minimum selling price and a request for offers-to-buy on a given date, no less than 30 days nor more than 75 days after the first publication.
b. Sealed offers-to-buy will be submitted to the procurement director, to be opened on the specified date and time.
3. Acceptance or rejection of offers-to-buy.
a. On all sealed offers-to-buy (bids) only the highest net offer, after deducting any broker's commission, will be considered.
b. The County Council will have up to 60 days to accept or reject an offer-to-buy through the public hearing requirements expressed herein.
c. The County Council may, by motion, extend the time for considering the offer to 90 days.
d. Offers not accepted by ordinance as required herein shall be deemed rejected.
4. When no reasonable offers-to-buy are received.
a. In the event that no reasonable offers-to-buy are received, the selling price of such property will be negotiable.
b. The county manager shall represent the county in any subsequent negotiation.
5. Certain exceptions.
a. Certain real property acquired through condemnation proceedings may require expedited disposition to protect its value, rather than leaving property vacant and unattended.
b. In those situations, the County Council may take all reasonable measures to expedite the sale and transfer of such properties.
6. Other methods permitted. Notwithstanding the criteria set forth herein, the County Council may dispose of real property by other legal methods.
(f) Public hearing required. After reasonable notice to the public, the sale or contract for sale of specific real property owned by the county must be made by ordinance requiring three readings and a public hearing, before final County Council action can be undertaken to sell or contract to sell real property owned by the county.
(Ord. 1006, passed 4-17-06; Am. Ord. 2014, passed 6-2-14; Am. Ord. 3022, passed 6-20-22; Am. Ord. 6023, passed 11-20-23)