Legal Documents of Baneberry

Consistent with Tennessee Code Annotated, the city council sets forth the policy of the city for disposal or destruction of surplus property.

1. City manager directed transfer and disposal (authorized).
   
   
   1. Property with an estimated market value exceeding ten thousand dollars ($10,000.00). Transfer or disposition of surplus property with an estimated market value exceeding ten thousand dollars ($10,000.00) per item shall be determined specifically by the city council.
   2. Property with an estimated market value less than ten thousand dollars ($10,000.00). The city manager may direct the transfer and disposition of surplus property with an estimated market value not to exceed ten thousand dollars ($10,000.00) per item.
   3. Transfer and disposition of surplus property may include:
      1. All surplus property will first be considered for transfer between departments for the benefit of the City of Baneberry.
      2. All surplus property not needed by the City of Baneberry may be offered for sale for the highest estimated market value. Surplus property may be sold by public auction, electronic auction site, or sealed bid.
      3. Surplus property may be donated or sold at less than estimated market value to public agencies and nonprofit organizations.
   4. Scrapping/recycling/junking.
      1. Such activities may involve the sale of surplus property at public auction or through sealed bids to public bodies, organizations, or vendors including scrap dealers or recycling centers.
      2. It is the policy of the City of Baneberry that no official, officer, employee or volunteer may engage in any sale, scrapping or recycling or other disposal of city property, as defined herein, unless specifically directed to engage in such activity by the city manager who has been lawfully and duly authorized and designated to direct such activity.
   5. Real estate. All activity involving the declaration and sale of surplus real estate shall require authorization by the city council regardless of the actual or estimated value.
2. Proceeds from transfer and disposition of property. When so authorized to transfer, sell, donate, recycle, and scrap city property, the official, officer, employee or volunteer directed to undertake such activity shall remit the entire proceeds from any such activity to the city by check or money order made payable to the City of Baneberry, and such proceeds shall be deposited into the appropriate fund.
3. Personal scrapping, recycling or disposal of trash or junk (unauthorized). Transferring, selling, donating, scrapping, recycling or disposing of city property, as defined herein (regardless of monetary value), by any city official, officer, employee or volunteer for personal gain or to benefit the interest of any person or party other than the City of Baneberry, including handling or disposal of trash or junk except as directed by city management person(s) lawfully and duly authorized and designated to direct such activity, is strictly forbidden.

4. City officials, officers, employees and volunteers are prohibited from claiming ownership of, giving away, recovering, or salvaging for personal use, or the use or interest of any person other than the City of Baneberry, any materials abandoned, disposed or stored upon city premises, including trash or other materials, placed in, upon or in the vicinity of recycling or collection cans, dumpsters or bins located on city premises, or collection or debris piles, or other city storage or disposal facilities or refuse sites, and including any such facility or site belonging to any city tenant.

   Furthermore, city officials, officers, employees and volunteers are prohibited from taking possession of any surplus property or the proceeds from the sale of surplus property designated for disposal as trash, scrap, or as recyclables, except as lawfully authorized by persons designated with such authority by the city manager.

   This prohibition includes giving any such surplus property or the proceeds from the sale of such surplus property to any person or party other than for the duly authorized benefit and interest of the City of Baneberry, or authorizing any other person or party to accept, receive or take any such surplus property to benefit their own interest, except as provided herein above.

5. Any transfer and/or disposal of surplus property authorized by the city manager shall be reported to the city council. (Ord. #216-2, March 2016)