Legal Documents of Baneberry

Code of Baneberry

Table of Contents » Title 5 Municipal Finance and Taxation » Chapter 2 Purchasing Procedures » § 5-227 Surplus property.
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Title 5
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Title 5, Chapter 1
5-101
§ 5-101
Baneberry
Title 5 : Municipal Finance and Taxation
Chapter 2 : Purchasing Procedures

5-227 : Surplus property.

  1. Purpose:

    1. To set forth the City of Baneberry's administrative policy for the transfer and disposition of surplus property, equipment and materials.
    2. To set forth the City of Baneberry's administrative policy for scrapping and recycling of scrap and recyclable surplus property, equipment and materials and disposing of same.
    3. To ensure the receipt of all revenues from the disposal of surplus property, equipment and materials and scrap or recyclables.
    4. To explain disciplinary consequences which may result should an elected official, employee or volunteer violate the policy and procedures set forth below.
  2. Definitions:

    1. The term "surplus property" is used generically herein to describe any city property, equipment or material that is no longer needed or usable by the holding department. For purposes of this policy, all surplus property including scrap, recyclables, trash, and/or junk disposed, discarded or abandoned on city premises, including all surplus property placed in storage or collection containers of any kind, including containers or facilities located on premises leased from the city by city tenants, is hereby deemed to be city property and not property of any city official, officer, employee or volunteer.
    2. The terms "scrapping" and "recycling" as used herein refer to the act of transferring discarded surplus property, including scrap or recyclables, to a vendor for use, salvage or resale.
    3. The terms "scrap" or "recyclables" as used herein refer to surplus property that:
      1. May be reused "as is" or after repair; or
      2. May be salvaged for its mineral value after treatment or processing.

    4. The term "trash" or "junk" as used herein refers to surplus property which has no practical salvage or recyclable value.

      This policy is designed to address two (2) categories of scrapping and recycling:

      1. Management-directed scrapping, recycling and handling of trash or junk, i.e., authorized disposal.
      2. Personal scrapping, recycling or handling of trash or junk, i.e., unauthorized disposal.
    5. Employee's personal property. For purposes of this policy an employee's personal property is:
      1. That property in the possession of an employee which was the property of the employee prior to it having been brought onto or placed upon city premises; or

      2. That property lawfully acquired from its prior owner or his/her authorized representative by an off-duty employee while on city premises after having been brought to city premises by its owner where such property remains in the possession of the employee as his or her property, after transfer to said employee.

        Each employee is responsible for determining that any property which he or she may take possession of or acquire while on city premises has been obtained or acquired from an individual lawfully authorized by its owner to make the transfer to the employee.

        This definition of "personal property" applies to all elected officials, officers, employees and volunteers. (Ord. #216-2, March 2016)