Modesto Municipal Code Art. 5 Sale of Surplus Property

Pursuant to the provisions of Sections 801(o) and 801(r) of the City Charter, the following policies and procedures governing the disposition of surplus personal property by the City are hereby established.

(Ord. No. 3589-C.S., § 1, effective 9-7-13)

(a) The Purchasing Manager, when designated by the City Manager, is responsible for the sale, donation, recycling, or other disposition of surplus personal property. The City Manager and/or the Purchasing Manager may declare as surplus any item of personal property seized by, in the lawful possession of, or owned by the City free of liens and encumbrances, whenever he or she finds it is not needed by any department of the City.

(b) The Purchasing Manager, when designated by the City Manager, may sell any property declared surplus pursuant to subsection (a), at public or private sale, with or without notice of sale, for the highest price the Purchasing Manager can obtain.

(c) The Purchasing Manager, when designated by the City Manager, may also transfer any surplus personal property to another governmental agency or to a quasi-public agency by negotiated sale, exchange, loan, or gift; provided that gifts hereunder to any agency shall not exceed an aggregate value of five thousand dollars ($5,000.00) annually. "Quasi-public agency," as used in this subsection, means a tax exempt nonprofit corporation which is currently engaged in a public project financed in whole or in part by public funds pursuant to contract or grant agreement with a governmental agency, whose assets, upon dissolution, will not be distributable to or for any private person or purpose.

(d) The proceeds of sales or surplus personal property pursuant to this section shall be deposited in the general fund of the City, except where established accounting procedures require the deposit of proceeds in some special fund of the City. The Purchasing Manager shall compile a detailed list of all personal property sold, donated, or disposed of during each fiscal year and present the listing, along with a breakdown of all revenues received from the sale of surplus personal property, to the City Council at least once during each fiscal year.

(e) The Purchasing Manager, when designated by the City Manager, may direct the destruction of any property declared surplus pursuant to subsection (a) whenever he or she finds that the item has no value, is not usable by any other governmental agency or quasi-public agency, or is not appropriate for public or private sale.

(Ord. No. 3589-C.S., § 1, effective 9-7-13)