Stockton Municipal Code Ch. 3.60 Sale of Personal Property—refunds

The City Manager shall have the power and is authorized to sell or trade in at public auction or private sale, personal property of a value of $20,000.00 or more, unfit or unnecessary for the use of the City under the following procedure:

A. Notice of such sale or trade-in shall be authorized by resolution and given by publishing in the same manner as required for ordinances.

B. City Manager shall report all offers or bids for said property to the City Council.

C. The Council shall, by resolution, not less than 15 days after publication, approve the sale or trade-in.

D. The City Council may, by resolution, in lieu of selling or trading in, donate such personal property to a designated Sister City.

Personal property, unfit or unnecessary for the use of the City, with a value of less than $20,000.00, may be sold, traded in or donated to a designated Sister City by the City Manager who shall report such transactions to the City Council within one week of completion.

(Prior code § 3-030)

A. Deposits, payments, fees, penalties, costs, fines and other moneys collected or received by the City (except property taxes, and sales and use taxes) shall be refunded as herein provided, and not otherwise, if a signed claim is filed with the Finance Department within three years of the date of payment. Such refunds may be made only under the following conditions:

1. Where a refund is specifically authorized by the provisions of law, ordinance, resolution or regulation requiring payment of the fee, fine, deposit, license, permit or application fee and where the amount paid was in excess of the amount required by said law, ordinance, resolution or regulation; or

2. Where the money paid was not required by law, ordinance, resolution or regulation, or was erroneously or illegally collected, or received by the City through mistake, inadvertence or error of law or fact; or

3. Where the applicant for any license or permit has not, at any time after the commencement of the period or term during which the requested license or permit would have been effective, performed any act for which the license or permit was required.

B. If such refund is for $20,000.00 or more it can be made only by the City Council; if it is for less than $20,000.00 it may be made by the Director of Finance. The Director of Finance shall in writing each month report to the City Manager the amounts of such refunds together with the names of recipients and reasons therefor, with a copy to be provided to the City Council.

C. This provision is remedial in purpose; its terms and requirements shall not be deemed to limit or qualify the lawful right of any person to bring or maintain any action or proceeding based upon the laws of the United States or the State of California.

D. Before any refund may be made, the license or permit, if available, shall be returned to the Director of Finance.

E. Resolution No. 26,846, of the Stockton City Council, adopted on February 14, 1968, is hereby rescinded.

(Prior code § 3-031)