Piedmont Municipal Code Ch. 12B Surplus Property

'12B.1 Definitions, purpose '12B.2 Determination that property is surplus '12B.3 Reallocation when feasible '12B.4 Disposal recommendation '12B.5 Finance Director to fix time and manner of sale '12B.6 Notice of sale '12B.7 Manner of sale '12B.8 Sale as scrap or salvage, donation, destruction '12B.9 Immediate disposal

As used in this Chapter, the following words have the meanings given below: (1) Property" means personal property other than lost, stolen, confiscated, or abandoned property which is the subject of Chapter 12A, and motor vehicles and stray animals. (2) Surplus" when applied to property means property which is serviceable and valuable for uses other than scrap or salvage but is deemed to be either unfit or uneconomical for City use. (3) Salvage" or "scrap" means materials of scrap metal, wood, paper or other materials which are neither used nor useful for the purpose for which they were originally designed or used. (Ord. No. 426, N.S., '2)

Whenever any department head of the City of Piedmont shall determine that any property under his jurisdiction is surplus and that there is no present or prospective reasonable use to which his department may put said property, he shall report that fact to the City Administrator. The report shall contain a description of the property, its condition, and the quality of such items available, and shall state the location where it may be viewed, and shall give the names and addresses of any prospective purchasers known to the department head. (Ord.

Surplus Property 12B -2 No. 426 N.S., '2)

The City Administrator shall evaluate the surplus property for possible current or future use within the City. If he finds no reasonable use for the property, he shall inform each of the department heads that the property is available. Each of these department heads shall notify the City Administrator if he can use the property in his department, or, if not, recommend disposal to the City Administrator. (Ord. No. 426 N.S., '2)

If there is no known reasonable use of the property for City purposes as determined by the City Administrator, the City Administrator shall notify the Finance Director in writing to dispose of the property in a manner authorized by this Chapter which is deemed appropriate by the Finance Director. A copy of this written disposal recommendations, which shall list all property to be disposed of, shall be sent to members of the City Council in every case except when immediate disposal under Section 12.B.9 of this Chapter is authorized. Any member of the Council may request that a particular item or items of property be reviewed by the Council at their next meeting by giving written notice thereof to the City Administrator within seven (7) days after the written disposal recommendation has been distributed. No disposal action shall be taken until such seven (7) day period has expired. If a Council member requests review, the matter shall be scheduled for review on the next Council agenda following at least six (6) days after the written review request is received, and no disposal action shall take place on any item being reviewed until authorized by the Council. (Ord. No. 426 N.S., '2)

When possible, surplus property shall be accumulated at a central location until enough surplus property has accumulated to warrant a sale. The Finance Director shall fix a date for the sale and determine the method of sale as provided below. (Ord. No. 426 N.S., '2)

The Finance Director shall cause to be published in a newspaper of general circulation in the City not less than ten (10) days before such sale, a notice either setting forth a description of each article to be sold, or referring to a list describing such articles posted on the City Hall bulletin board, together with the time, date and place of the sale. The Finance Director may also publicize the sale in any other manner which the Finance Director deems best suited to the nature and potential value of the property being sold. (Ord. No. 426 N.S., '2)

Surplus Property 12B -3

Surplus property shall be sold at public auction or by sealed bid except in those cases where the Finance Director determines that such property is needed for public use by another public agency or is valuable for trading in. In those cases, the property may be sold or transferred to the public agency or traded in at an amount determined by the Finance Director to be equal to that which would be obtained through a sealed bid or public auction sale. In the event of public auction or sealed bid sale, all sales shall be in cash. All proceeds received from the sale shall be delivered to the Finance Director for deposit at the discretion of the Finance Director in the General Fund or in that fund the proceeds of which were used to purchase the property originally. (Ord. No. 426 N.S., '2)

The authorization for sale of surplus property pursuant to Section 12B.7 above shall not preclude disposal of surplus property as scrap or salvage when such property appears to the Finance Director to have negligible value. Items of surplus property may be sold as scrap or salvage or donated when the property cannot be sold through the preceding procedures. Property which cannot be sold as scrap or salvage or donated shall be destroyed or disposed of as the City Administrator sees fit. (Ord. No. 426 N.S., '2)

Compliance with '12B.1-12B.8 shall not be required in the case of property which might result in the injury to the health or safety of the public or for which storage is unavailable or uneconomical. The City Administrator shall dispose of such property in whatever manner he deems appropriate in his discretion. (Ord. No. 426 N.S., '2)

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