San Jose Municipal Code Part 3 Disposition of Surplus Property

If the head of any department or office of the city determines that any property of the city under the jurisdiction or control of the department or office is not needed or suitable for a public use, such property shall be transferred to the director as surplus property.

(Ord. 24761.)

Surplus property of the city shall be disposed of in accordance with the provisions of this part.

(Ord. 24761.)

The director is authorized to transfer any surplus property to any city department for use by that department.

(Ord. 24761.)

A. The director is authorized to exchange surplus property, valued at any amount, for other personal property of at least equal value, or to trade it in as part of the consideration to be paid for other property.

B. Public bidding shall be a prerequisite to any such exchange or trade-in under those circumstances where Section 1217 of the city charter is applicable.

(Ord. 24761.)

The director is authorized to sell surplus personal property under either of the following conditions:

A. The director may sell property which does not exceed a fair market value of twenty thousand dollars (as adjusted pursuant to Section 4.04.085) to any public or governmental body or agency, any public utility which is either publicly owned or is regulated by the public utilities commission of the state of California or any volunteer fire department, subject to the following conditions:

1. Before making a sale pursuant to this section, the director shall make a written determination that the sale price of the property is reasonable and appropriate under the circumstances.

2. All sales pursuant to this section shall be without warranty, express or implied, and the buyer shall agree to defend, indemnify and hold harmless the city, its officers and employees, from any claim, cause of action, damage, loss or liability arising out of the condition of the property or its use by the buyer or subsequent transferee.

B. The director may sell property of any value to the general public subject to the following conditions:

1. If the director determines that the value of the surplus property is greater than one thousand dollars, the director may sell such property by any method which the director determines to be most advantageous to the city, considering the value of the property and the cost of sale.

2. If the director determines that the value of the surplus personal property is one thousand dollars or less, the director may sell such property by any method which the director determines to be most advantageous to the city, considering the value of the property and the cost of sale.

(Ords. 24761, 28802.)

A. Notwithstanding any provision in this chapter to the contrary, surplus personal property which the director determines is greater than one thousand five hundred dollars in value may be donated by the city council, to a public or governmental body or agency, volunteer fire department, or a nonprofit corporation.

B. Notwithstanding any provision in this chapter to the contrary, surplus property which the director determines does not exceed one thousand five hundred dollars in value may be transferred by the director to a public or governmental body or agency, or to a nonprofit corporation, subject to the following conditions:

1. The director shall establish a list of types of property eligible for donation and make such information generally available to eligible organizations.

2. The director shall follow the guidelines approved by the city council for the donation of surplus property.

C. All donations pursuant to this section shall be without warranty, express or implied, and the transferee shall agree to defend, indemnify and hold harmless the city, its officers and employees, from any claim, cause of action, damage, loss or liability arising out of the condition of the property or its use by the organization or subsequent transferee.

(Ord. 24761.)

Notwithstanding Section 4.16.240, the director may determine the disposition of such property by any method which the director determines to be most advantageous to the city considering the value of the property and the cost of sale, including but not limited to sale by salvage, recycling or disposal if: (1) the property remained unsold following an attempt to sell under Section 4.16.240; (2) the cost to sell the property exceeds the estimated resale value of the property; or (3) the condition of the property is unacceptable for sale, donation, exchange or trade-in.

(Ords. 24761, 29181.)

A. Notwithstanding the other provisions of this chapter, the director of the library is authorized to dispose of surplus library materials, in any manner which in the director of the library's discretion, best serves the interest of the library.

B. For the purpose of this section, "library materials" means material maintained by the library for general or limited circulation or for reference purposes, including but not limited to hardcover books, paperback books, records, films, microfilms, compact and laser discs, audio and video tapes, and magazines. "Library materials" do not include capital assets, fixtures, equipment, furniture or computer hardware or supplies.

C. For the purpose of this section, "surplus" means that the material has been determined to be no longer of value to the library's collection according to the surplus guidelines established by the director of the library.

(Ord. 24761.)

A. Notwithstanding the other provisions of this chapter, the director of convention, cultural and visitor services is authorized to sell any koi fish at the Japanese Tea Garden that the director of convention, cultural and visitor services finds are not needed at or suitable for the Japanese Tea Garden.

B. The sale of such koi fish may be made at public auction, by sealed bid, or by private sale at the discretion of the director of convention, cultural and visitor services.

(Ord. 24761.)

A. Notwithstanding the other provisions of this chapter, the chief of police is authorized to determine the disposition of surplus firearms by any of the following methods that best serves the interests of the city, including: (1) sale to a law enforcement agency; (2) sale to an authorized firearms retailer; (3) sale to an active sworn member of the police department; or (4) destruction if no safe alternative is available. The disposition of the surplus firearms shall be in compliance with applicable state or federal requirements.

B. Notwithstanding the other provisions of this chapter, the chief of police is authorized to determine the disposition of police service dogs including: (1) sale of the police service dog to the assigned police officer when the officer leaves the canine unit; (2) donation of the police service dog to the assigned police officer if the police service dog can no longer perform its required duties; or (3) any other method that best serves the interests of the city.

(Ord. 29181.)