§ 3.32.010. Disposal of surplus personal public property.

A.

The city shall have the authority to sell, lease, convey and dispose of personal public property for the benefit of the city as provided by Utah Code Annotated Section 10-8-2, as amended.

B.

Whenever city owned property is surplus, unused, obsolete, unsuitable, or otherwise no longer needed, the department head having control of such property shall promptly notify the city administrator or a designee. The city administrator or a designee shall then notify other city departments of the availability of such property. The city administrator or designee shall supervise the transfer of such property to the department requesting the property and adjust the city inventory control to document the transfer. If no use can be made of the property or is expected to be made within the reasonably foreseeable future, the property shall be disposed of as provided in this section.

C.

All surplus property is disposed of "as is" with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability of the property offered.

D.

If city personal property having a value of one thousand dollars or more becomes surplus, unused, obsolete, unsuitable for public use, or otherwise no longer needed, the property shall be disposed of in accordance with this section.

a.

The city administrator or a designee shall prepare and present a listing to the city council of all city owned personal property with an estimated value of equal to or more than one thousand dollars, as determined by the city administrator, which is deemed no longer needed by the city and which can be declared surplus by resolution of the city council.

b.

The city shall hold a public hearing on the proposal to declare the property surplus property and to sell and/or exchange the property, which public hearing may coincide with a regularly scheduled city council meeting.

c.

The city shall provide notice of the proposal to declare the property surplus property and to sell and/or exchange the property, and notice of the time and place of the public hearing, by publication of notice at least once in a newspaper of general circulation in the city, which publication shall be at least ten days prior to the date of the public meeting. After receiving public comment, the city shall, by resolution, declare the property surplus, with or without conditions regarding its disposal, and have the property sold and/or exchanged; or the city shall abandon the matter. If the city declares the property to be surplus property, the city administrator shall select the best disposal option, unless otherwise directed by the city council. Sale of the item, rather than donation, is preferred when significant value is determined. Appropriate methods of disposal are as follows:

i.

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.

ii.

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.

iii.

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.

iv.

Negotiation with interested buyer . When the city is aware of an interested buyer and deems that it can obtain market value for the surplus property from that buyer, it may dispose of the property through a negotiated transaction.

v.

Donation . Surplus property may be donated to any other public agency or charitable organization exempt under Section 501(c)(3) of the Internal Revenue Code.

vi.

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.

d.

For property valued one thousand dollars or more, reasonable notice shall be given to the public prior to disposal. Reasonable notice shall mean publishing a notice of the proposed disposition of personal public property on the city website after the items have been declared surplus and at least fourteen days prior to the disposition.

E.

All personal property with a value of less than one thousand dollars, as estimated by the city administrator or designee, that becomes surplus, unused, obsolete, unsuitable for public use, or otherwise no longer needed may be disposed of at the discretion of the city administrator or designee, with the consent of the mayor after compliance with subsection B of this section. Disposal of personal property may include, but is not limited to, donating property to a bona fide charity, or transferring property to a salvage or junk yard, or landfill.

F.

Employees and city officials may bid on surplused property provided they do not take any action for their personal interest or gain that improperly gives them any advantage or benefit, or in aid of others doing the same.

(Ord. No. 86-09-17, § 1, 1986; Ord. No. 2018-07-31 , 7-31-2018)