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Title 2 — ADMINISTRATION AND PERSONNEL

Chapter 2.32 — SURPLUS PROPERTY

San Marcos Municipal Code · 2026-09 edition · updated 2026-09-30 · San Marcos

2.32.010 - Duty to Report Surplus Supplies and Equipment.

All departments shall supply to the City Manager, at such times and in such forms as prescribed by him, reports listing supplies, equipment and/or other personal property which are no longer used, have become obsolete or worn out and/or have otherwise become surplus to the needs of the City. Such supplies, equipment and/or other property, exclusive of real property, are defined as and shall be referred to in this chapter as "surplus personal property." The City Manager shall have authority to exchange for or trade in such surplus personal property on new supplies, equipment and/or personal property in accordance with this chapter.

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2.32.020 - Disposal Required.

The City Manager shall determine if any surplus personal property can be used by any other agency in the City. If such surplus personal property cannot be used or are unsuitable for City use, the City Manager shall, in the manner provided in this chapter, dispose of such surplus personal property that cannot be exchanged for or traded in on new and/or other personal property.

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2.32.030 - Authority.

The City Manager is authorized to sell or dispose of surplus personal property having a salvage value in the open market by any means legally available including, but not limited to, the following: public auction; electronic auctions or sales, including internet based market places' consignment; competitive sealed bids; negotiated sale to other public or quasi-public agencies; or exchange or trade in for new goods or other personal property for use by the City.

If the property designated as surplus personal property has an estimated value greater than $100,000.00, the City Manager shall dispose of such property as directed and provided by resolution of the City Council.

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2.32.040 - Property Designated as Having no Value.

Surplus personal property that is determined by the City Manager to be unsalable or to have little or no estimated, salvage or appraisal value, such that disposal by such means would result in unnecessary cost, effort or expense to the City, may be disposed of by the City Manager in any manner he deems appropriate. In the event of such disposal, the City Manager or his designee shall retain records of such disposition as provided in Section 2.30.240, below.

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2.32.050 - Records.

The City Manager or his designee shall keep detailed records of all surplus personal property that has been disposed of, including amounts received for the sale of surplus personal property, for the period of at least two years; and shall provide the City Council with an annual report of said dispositions, if any.

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2.32.060 - Donations.

In addition to the methods of disposal listed in this chapter, the City Manager may authorize the disposal of surplus personal property through donation of such property to a governmental, public or quasi-public agency, or to a charitable or other nonprofit organization.

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2.32.070 - Proceeds of Sale.

Proceeds from the sale of surplus personal property shall be deposited into the appropriate fund as determined by the Finance Director.

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2.32.080 - Purchase or Receipt of Surplus Personal Property by City Personnel Prohibited.

No City officer or employee shall purchase surplus City personal property sold in accordance with this chapter. No City officer or employee shall receive or accept surplus City personal property that has been designated as having little or no value and/or which is intended for donation by the City in accordance with this chapter.

(Ord. No. 2009-1319, 06-23-09)

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