Larkspur Municipal Code Ch. 3.30 Disposition of Surplus Personal Property

Sections: 3.30.010 Short Title. 3.30.020 Purpose. 3.30.030 Department Heads to Submit List of Surplus Personal Property – Finance Director to Take Possession of Such Property. 3.30.040 Methods of Disposition. 3.30.050 Incidental Sale of Certain Items. 3.30.060 Distribution of Surplus Property to City Departments.

This chapter shall be known as the disposition of “City of Larkspur Surplus Personal Property Ordinance.” (Ord. 1030 § 2(3), 2018; Ord. 1006 § 1, 2015)

This chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To set forth a policy and procedure for the transfer and disposition of surplus property, equipment and materials.

B. To ensure the receipt of all revenues from the disposal of surplus property, equipment and materials. (Ord. 1030 § 2(3), 2018; Ord. 1006 § 1, 2015)

Finance Director to Take Possession of Such Property.

The City Manager may, from time to time, require that the head of each department in the City submit to the Finance Director a list of all personal property belonging to such City department which is no longer fit or necessary for the use by such department in the exercise of its functions, and the same shall be known as surplus property.

The Finance Director shall dispose of such surplus property as provided by Larkspur Municipal Code Sections 3.30.040 and 3.30.050. (Ord. 1030 § 2(3), 2018; Ord. 1006 § 1, 2015)

The Finance Director shall dispose of surplus property through one of the following methods:

A. Sale at Public Auction to the Highest Bidder. The notice of such auction must be given by publication in the official newspaper of the City no later than ten (10) days prior to such auction. The Finance Director shall reserve the right to reject any and all bids received for any item.

B. In the event the Finance Director rejects any and all such bids so received, they shall not thereafter sell such property at a price less than the highest bid which they received therefor, until they shall first offer such item to the person who submitted the highest bid for such item, at the price bid. In the event such person refuses to purchase such item at such price, the Finance Director may, thereafter, dispose of such property at a lesser price.

C. Sealed Proposal. Provided that the restrictions as to rejecting any and all proposals and thereafter selling the property shall be the same as those for public auctions as set forth in subsection (A) of this section.

D. Incidental sale, as provided in Larkspur Municipal Code Section 3.30.050.

E. Consignment. The City Council may, by resolution, determine to dispose of surplus property by putting such property out to sale on consignment if the Council finds that such method of sale is likely to bring the highest price to the City. Such resolution shall set forth the minimum price at which such property shall be sold, and shall call for bids for consignees to sell such property. At the same time as the Council determines to sell such property on consignment, or later, the Council may, by a resolution adopted by a two-thirds vote, determine to waive competitive bidding on such consignment contract if it determines that such waiver is in the best interest of the City.

F. Sale to Another Public Agency. Surplus property may be sold to any other public agency; provided, that the price is determined to be fair and reasonable. Such determination shall be made by the Finance Director for a sale for one hundred thousand dollars ($100,000.00) or less, and by the City Council for a sale exceeding one hundred thousand dollars ($100,000.00). “Public agency” means the state or any agency or subdivision thereof, or any city, county, special district, or school district.

G. Donation. By resolution of the City Council, surplus property may be donated to any other public agency or charitable organization exempt under Internal Revenue Code Section 501(c)(3). (Ord. 1062 § 14, 2022; Ord. 1030 § 2(3), 2018; Ord. 1006 § 1, 2015)

A. The Finance Director may sell any item of surplus property by incidental sale when they determine that the item:

1. Is scrap or salvage material, including, but not limited to, discarded fire hose, a tire casing, a dead
storage battery, or worn-out or wrecked automobile or machine body or part;

2. Is perishable;

3. Has been offered for public sale and no offer to purchase has been received; or

4. Has a nominal estimated value.

B. For the purpose of this section, the term “incidental sale” shall mean the sale of any item defined in subsection (A) of this section at a price and at a time and place to be determined by the Finance Director, to any buyer who is willing to pay the price requested, without first advertising such sale or calling for the receipt of bids; provided, however, that the Finance Director may advertise such sale as they may deem advisable.

C. Nothing in this section shall be read to limit the ability of the Finance Director to sell, as they may deem proper, any item as defined in subsection (A) of this section by sale at public auction or by sealed proposal as provided in Larkspur Municipal Code Section 3.30.040. (Ord. 1062 § 14, 2022; Ord. 1030 § 2(3), 2018; Ord. 1006 § 1, 2015)

The Finance Director may, from time to time, send a list of surplus personal property to all departments within the City. The department head of any City department may choose any item of such surplus property from such list to be used by that department in the ordinary transaction of the business of such department, and the Finance Director may thereafter transfer such item to such department without offering the same for public sale.

In the event that more than one department shall request any particular item of surplus property, the City Manager shall decide which department shall receive such property. (Ord. 1030 § 2(3), 2018; Ord. 1006 § 1, 2015)