Legal Documents of Baneberry

Code of Baneberry

Baneberry
Title 5 : Municipal Finance and Taxation
Chapter 2 : Purchasing Procedures

5-228 : Methods of transfer and disposition.

All surplus property is disposed of "as is" and "where is," with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability of the property offered unless expressly authorized by the city council.

  1. Transfer to another department. Surplus property may be transferred between city departments.
  2. Trade-in. Property declared as surplus may be offered as a trade-in for credit toward the acquisition of new property.
  3. Return to manufacturer. Surplus property may, when possible, be returned to the manufacturer for buy-back credit.
  4. Disposal. Surplus property may be offered for sale by the city. Appropriate methods of sale are as follows:

    1. Auction. Surplus property may be sold at public auction. Auctions may be conducted by city staff, or the city may contract with a professional auctioneer or electronic auction site.
    2. Sealed bids. Sealed bids may be solicited for the sale of surplus property. Surplus property disposed of in this manner shall be sold to the highest responsible bidder.
    3. Selling for scrap. Surplus property may be sold as scrap if the city deems that the value of its parts exceeds the value of the surplus property as a whole.
    4. No value item. Where the city determines that property is surplus and of minimal value to the city due to spoilage, obsolescence or other cause or where the city determines that the cost of disposal of such property would exceed the recovery value, the city shall dispose of the same in such a manner as they deem appropriate and in the best interest of the city.
  5. Donation. Surplus property may be donated to any other public agency or charitable organization exempt under 26 U.S.C. § 501(c)(3) of the Internal Revenue Code. "Public agency" means the state or any agency or subdivision thereof, any city, county, special district, or school district. (Ord. #216-2, March 2016, modified)