Mendota Municipal Code Ch. 3.20 Sales of City Personal Property

Footnotes:

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Editor's note— Ord. No. 12-08, §§ 2, 3, adopted Nov. 27, 2012, repealed the former Ch. 20, §§ 3.20.010—3.20.070, and enacted a new Ch. 3.20 as set out herein. The former Ch. 3.20 pertained to similar subject matter and derived from prior code §§ 3.06.001—3.06.007; and Ord. No. 94-15, § 3(part).

This chapter shall cover the sale by the city of any and all personal property which has been deemed excess or unnecessary for city operation. Sale of real property shall be made as provided in the California Government Code.

(Ord. No. 12-08, § 3, 11-27-2012)

The valuation of any property which is to be sold under this chapter shall be made by the city manager, or if designated by the city manager, the appropriate department head based upon whatever source material is available. Their determination shall be conclusive for purposes of applying the requirements of this chapter.

(Ord. No. 12-08, § 3, 11-27-2012)

The following types of personal property owned by the city, and deemed surplus, shall not be sold to the public. They shall instead be properly destroyed, discarded, or eliminated through any means required by regulations. These types of property include hazardous waste, chemicals, damaged items that present a potential risk, firearms, medical supplies, property involving confidential information or equipment, regulated or controlled substances, materials, or any other such item which, if sold, may result in presenting general liabilities to the city. Additionally, all police special equipment surplus materials may not be sold.

(Ord. No. 12-08, § 3, 11-27-2012)

The city manager shall provide, from time to time as needed, a list of surplus items, and their proposed means of removal from the possession of the city, to the city council. Items that fall under Section 3.20.030 of this chapter shall be listed as elimination. Items that are to be sold shall be listed as to be sold, and listed along with the valuation assigned per Section 3.20.020. Upon approval from the city council, the city clerk shall provide notice pursuant to Section 3.20.050. The conduct of the sale will vary based on the valuations:

A. Property valued less than one hundred dollars ($100.00) shall be placed in a location accessible to sale participants, and shall have the valuation amount placed upon or near the item. The item may be sold for less, as long as the price is deemed fair. Items under this valuation shall be sold at the time of the acceptable offer and transaction. No items shall be placed on hold for payment at a later time. A report of all items sold in this manner shall be included with the bids presented to the city council pursuant to [subsection] (B) below.

B. Property valued one hundred dollars ($100.00) or more shall be sold via bids. Items within this valuation shall be made available, by appointment, for viewing by the public after noticing of the items is made pursuant to Section 3.20.050. On the date of the sale, bids shall be submitted, in writing, along with contact information, to the designated individual overseeing the sale. These items will not be sold that day, but will be presented to council, in order from highest to lowest bid, for approval to sell the item in that order of bids being submitted. Based upon approval, the city manager, or their designee, shall make contact with the first awarded bid for that item. The awarded party shall complete the transaction within three business days. If after said timeframe payment has not been made, then the awarded sale shall be deemed voided, and the next ranked bid shall be awarded with the same conditions.

C. In the case where an item isn't sold during the sale for property under category (A), nor any item under subsection (B) that does not receive a bid, or not have a successful transaction pursuant to the process given, such items shall then be eligible to be scraped, discarded, or direct sale by the city manager to interested dealers, organizations, or other such interested persons not participating in the sale. Specific disposal of the property items shall be reported to the city council by the city manager that fall under this category.

D. Notwithstanding any other provision of this section, the city may enter into a contract for the direct sale of any item of personal property declared surplus under Section 3.20.020 with a fair market value of less than twenty-five thousand dollars ($25,000.00), upon the approval of the city council and a finding by the city council that:

1. Such sale of personal property would result in consideration to the city in an amount greater than or equal to the fair market value of the personal property; and

2. a.

The recipient of such personal property under the contract would be for use by a federal, state, or local governmental agency; or

b. The sale of the personal property through a public bidding process is likely to result in substantially lower consideration to the city than a direct sale due to the unique nature of the personal property at issue.

(Ord. No. 12-08, § 3, 11-27-2012; Ord. No. 16-11, § 1, 12-13-2016)

Once the surplus list is approved by the city council, the city clerk shall advertise the date of the sale in a newspaper of local circulation at least twice. Such publication shall occur between twenty-eight (28) to twelve (12) days prior to the date of the sale, as well as the same notice being posted in at least three public places four weeks before the sale. The notice shall list items with a valuation of one hundred dollars ($100.00) or greater, and that the public may view the item by appointment made by contacting city hall to arrange it.

(Ord. No. 12-08, § 3, 11-27-2012)

The city manager or any appropriate department head may in their discretion mail notice to dealers or other individuals they think might be interested in any property to be sold by the city. Additionally, any individual may file a request with the city clerk to receive notice of any property of the city to be sold. Any person requesting notice of the sale of city property must pay a ten dollar ($10.00) fee each year to cover the cost of handling and mailing notices.

(Ord. No. 12-08, § 3, 11-27-2012)