HomeMy WebLinkAboutAgenda Report - January 17, 1990 (48)COUNCIL COMMUNICATION
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
COUNCIL MEETING DATE
JANUARY 17, 1990
SUBJECT: CONSIDERATION OF THE DRAFT ORDINANCE AUTHORIZING DISPOSITION OF SURPLUS
CITY PERSONAL PROPERTY HAVING A VALUE JF $2,000 OR LESS.
PREPARED BY: City Attorney
RECOMMENDED ACTION: Consideration of the draft ordinance authorizing
disposition of surplus City personal property having
a value of $2,000 or less.
BACKGROUND INFORMATION: In recent times, the question has surfaced on a
number of occasions as to appropriate procedures to
be followed in disposing of personal property owned
by the City which is no longer needed. Although the Municipal Code presently
vests �u'.hority for the management of all City property in the City Manager,
it does not contain provisions for the disposal of surplus personal property.
Research also fails to turn up any State guidelines which might be useful.
Although we have regulations for the disposal of found property and recovered
bicycles, it may be useful for the Council to delegate to the City Manager
this authority and to establish specific guidelines.
To that end, attached is a draft of an ordinance authorizing the Manager to
dispose of surplus personal property having a value of $2,000 or less. The
ordinance requires that the surplus property be advertised once in a newspaper
or periodical and sealed bids requested. If this does not produce accetable
results, the Manager may then simply solicit offers and sell the item rs) to
the first person offering a reasonable price.
If neither of these approaches produces results, the Manager would then be
authorized to either sell the property at auction or consign it to a broker
for sale. In addition, property having a value of less than $100 would not be
subject to the publication and sealed bid requirements.
Following the sale of
required to notify the
This ordinance would
improvements.
Respectfully submitted,
L �GLt�
BOB McNATT
City Attorney
SURPL0S3/TXTA.0IV
any surplus personal property, the Manager would be
City Council in writing within 30 days after the sale.
not apply to the disposal of real property or
ORDINANCE NO. 1474
AN ORDINANCE OF THE LODI CITY COUNCIL AMENDING CHAPTER 12 OF THE LODI
MUNICIPAL CODE BY ADDING A SECTION ESTABLISHING PROCEDURES FOR THE
DISPOSAL OF SURPLUS PERSONAL PKOPERTY BY THE CITY MANAGER
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BE IT ORDAINED BY THE LODI CITY COUNCIL AS FCLLOWa
SECTION 1. Lodi Municipal Csde Chapter 12 is hereby amended to add
a new section 2.12.120 to read as follows:
§2.12.120. Disposition of Surplus Personal Property.
A. The City Manager may, upon recommendation of the City
Purchasing Officer, authorize the sale of surplus personal
property having a value of two thousand dollars ($2,000)
or less, which i s no longer required for City use. Within
thirty (30) days following the sale of any surplus City
property under this ordinance, the City Manager shall
notify the City Council in writing of such sale.
B. Prior to sale of property under this ordinance, the City
Manager shall notify all departments of its availability
for City use.
C. The following procedures shall be used to dispose of
surplus City property under this ordinance:
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(1) The property to be sold shall be advertised by
publication at least one time in a newspaper of general
circulation or in a magazine or periodical generally
distributed to municipalities, and sealed bids solicited.
The manner of advertising and processing of bids shall be
consistent with practices employed for other City
transactions requiring bids.
(2) If the procedures specified in subsection C(1)
produce no bids, or bids of less than a reasonable sale
price, all bids may be rejected by the City Manager, and
offers in any form may be solicited and accepted without
further competitive procedures.
(3) If no satisfactory bids or offers are received under
subsections C(1) or C(2), such surplus property may be
sold by auction or delivered to a broker for consignment
sale.
(4) Surplus property having a total value of less than
one hundred dollars ($100), as determined by the City
Purchasing Officer, may be sold without compliance with
the advertising and sealed bid requirements of subsection
C ( 1) herein.
4
SECTION 2. All ordinances and parts of ordinances i n conflict
herewith are repealed insofar as such conflict may exist.
SECTION 3. This ordinance shall be published one time in the "Lodi
Nevus Sentinel", a daily newspaper of general circulation printed and
published i n the City of Lodi and shall be in force and take effect
thirty days from and after its passage and approval.
Approved this day of
Attest:
ALICE M. REIMCHE
City Clerk
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No.1474 was introduced at a regular meeting of the City
Council of the City of Lodi held January 17, 1990 and was thereafter
passed, adopted and ordered to print at a regular meeting of said
Council held by the following vote:
Ayes : Council Nkmben
Noes : Council Members
Absent: Council Members -
Abstain: Council Members -
I further certify that Ordinance No. 1474 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
ALICE M, REIMCHE
C i t y Clerk
Approved as t o F m
BOBBY W. McNATT
City Attorney
ORD1474/TXTA.OIV