Montague Municipal Code Ch. 3.36 Sale of Surplus Personal Property

Sections:

• 3.36.010 Designation of surplus.

• 3.36.020 Sale in open market.

• 3.36.030 Sale by bid or auction.

• 3.36.040 Trade-in.

• 3.36.050 Junk or scrap.

• 3.36.060 Conveyance to charity.

• 3.36.070 Conveyance to other public agencies.

• 3.36.080 Violation—Penalty.

The head of any department may declare any personal property held by such department surplus. Such declaration shall be in writing, and such property, together with such written declaration, shall be delivered to the purchasing officer. The purchasing officer shall store such property and maintain a written inventory for review by each department head of the city. If any department head has use of such property, he may so request from the purchasing officer who shall have the authority to assign the property to any department able to make best use of such property. If, however, no department head makes request for the use of such property in his department after such inventory has been circulated at least once, then the property shall be finally deemed surplus. (Ord. 88-16 Art. 2 § 16, 1988)

Surplus city property in usable condition, if its estimated value is less than five thousand dollars, may be disposed of in the following manner: The purchasing officer shall make an investigation of the market conditions of personal property of the type declared surplus and determine prices of all surplus property which, in his opinion, will be competitive with prices in the open market. He may then sell such personal property at such prices by advertising in the most appropriate means which, in his opinion, will bring the greater number of potential purchasers, but he shall cause to be published at least once, at least three day before such sale, in a newspaper of general circulation, published and distributed in the city, a notice of sale setting forth the day it shall begin, and the number of days it is to be continued if it is to last more than one day, and the place where the articles may be examined, and the place where the purchase price is to be paid and the property delivered, and the general description of the type of property being sold. The terms of all such sales shall be cash in the amount of the full purchase price. The purchasing officer or his authorized representative shall give a receipt to the purchaser of such property and keep a copy for his files. The purchase officer shall receive and deposit such money in the fund from which the property was originally purchased. (Ord. 88-16 Art. 2 § 17, 1988)

As an alternative to the method of sale in the open market, the purchasing officer shall, in all cases where the estimated value of personal property is five thousand dollars or more, and may, in the sale of all other personal property where, in his discretion, he determines it in the best interest of the city, sell surplus personal property by means of sealed bid or public auction.

A. The procedure for conducting such sale shall be determined by the purchasing officer, providing, however, that the following are included in such procedure:

1. At least one notice, three days before the sale, shall be published in a newspaper of general circulation published and distributed in the city, containing a general description of the type of property to be sold and the time and place of such bid opening or auction;

2. That the terms of all sales shall be cash;

3. The sale by sealed bid or auction shall be to the highest responsible bidder;

4. That a receipt be given to the purchaser and a copy of such receipt, together with the money received, be deposited in such fund from which the personal property was originally purchased. In conducting an auction, the purchasing officer may contract with a professional auctioneer, and his fee may either allow a flat fee, or an hourly fee. (Ord. 88-16 Art. 2 § 18, 1988)

Notwithstanding any provisions of this chapter for the sale of surplus personal property in the open market or any auction, the purchasing officer may trade in surplus personal property with an amount he determines to be reasonable, to be allowed toward the purchase of a similar type of personal property. Typical situations where this might apply might be in the disposal of used motor vehicles and other machinery and equipment of which tradeins are commonly permitted by the manufacturer. (Ord. 88-16 Art. 2 § 19, 1988)

When any surplus city property is deemed to be unserviceable, junk or scrap, no longer suitable for its original purpose, the purchasing officer shall dispose of such personal property by destruction, trade or sale of the personal property at the best competitive price available in the open market without regards to the other provisions of this chapter. (Ord. 88-16 Art. 2 § 20, 1988)

Notwithstanding the other provisions of this chapter, the city council may convey to charitable, nonprofit organizations surplus personal property as it is determined by the city council that the use to which the personal property will be put for the benefit of the general welfare of the community in matters such as recreation, education, aid to the destitute, city beautification, or any other activity in which the city government may legitimately participate. The maximum estimated value for the personal property shall not exceed five thousand dollars and the organization accepting such personal property shall sign a statement and file with the city clerk that it accepts such property on the condition that it will be used for the purpose designated by the city council, that it shall not be used for any other purpose without permission of the city council, and that if such property is ever diverted to other than a charitable use, the city may reclaim such property. (Ord. 88-16 Art. 2 § 21, 1988)

Notwithstanding the other provisions of this chapter, the city council may convey or sell without recourse to sealed bid or auction surplus personal property to other public agencies including cities, counties, school districts, special districts and joint powers agencies as may be determined by the city council. (Ord. 88-16 Art. 2 § 22, 1988)

Any employee having notice of the rules and regulation who fails to comply with or to make a good-faith effort to comply with this chapter is guilty of insubordination subject to discipline prescribed by the city's personnel ordinance and any resolution promulgated in connection therewith. (Ord. 88-16 Art. 2 § 23 (part), 1988)

The Montague Municipal Code is current through Ordinance 21-04, passed August 5, 2021.

Disclaimer: The city clerk’s office has the official version of the Montague Municipal Code. Users should contact the city clerk’s office for ordinances passed subsequent to the ordinance cited above.

City Telephone: (530) 459-3030

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