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HomeMy WebLinkAbout4610 ORDINANCE Setting policy and prescribing procedures for disposition of personal property which is surplus to the needs of the City and adding Chapter 2.79 to the Bremerton Municipal Code. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. New Chapter. A new chapter, 2.79 PERSONAL PROPERTY DISPOSAL, is hereby added to the Bremerton Municipal Code to read as follows: 2.79.010 POLICY. The City of Bremerton shall utilize to the maximum extent practical all personal property before declaring it to be surplus. Once declared surplus, the property will be disposed of in the manner most advantageous to the citizens of the City. 2.79.020 DEFINITION. For the purposes of this Ordinance surplus personal property is anything that is subject to ownership by the City, is tangible and is moveable (not permanently affixed) and for which the City has no foreseeable use or need to continue ownership. 2.79.030 ADMINISTRATION. Under the direction of the Mayor, the Purchasing Supervisor, or such other officer as may from time to time be appointed, is responsible for the administration of this policy. 2.79.040 INITIAL PROCEDURE. A City department responsible for property which it wishes to declare surplus shall provide the Purchasing Supervisor with a detailed description of the property, its location and condition, and its estimated value in "as is, where is" condition. If the department is unable to make the estimate, the Purchasing Supervisor shall determine the reasonable market value. The Purchasing Supervisor shall then: a. Determine if any other department of the City has use for the property. If such a use is found, the Purchasing Supervisor shall carry out the transfer of ownership and shall ensure that, if necessary, the fund disposing of the property is reimbursed for its reasonable market value. b. If the property is not needed by the City, the Purchasing Supervisor may dispose of the property by one of the approved methods listed herein. 2.79.050 SURPLUS PROPERTY OF FIVE THOUSAND DOLLARS OR LESS IN VALUE. Approval of the City Council is not required for the sale or disposition of any City- owned surplus property with an estimated value of five thousand dollars or less. When such property has been certified for disposition by a department director, sale or disposition shall be made by the Purchasing Supervisor in accordance with methods described in section 2.79.080. Items having a nominal value may be disposed of in any reasonable and prudent manner or the Mayor may donate the item to a specific bona fide charitable organization which is tax exempt pursuant to Internal Revenue Code Sec. 501(c)(3). 2.79.060 SURPLUS PROPERTY BETWEEN FIVE THOUSAND DOLLARS AND TEN THOUSAND DOLLARS IN VALUE. The Council Fiscal and Budget Committee has authority to direct disposition of surplus property with an estimated value between $5,000 and $10,000. The procedure is as follows: a. Fiscal and Budget Committee shall examine a report of the Purchasing Supervisor at a public meeting, and shall direct the Purchasing Supervisor to dispose of the property in one or more specified ways. The Fiscal and Budget Committee may also impose such reasonable conditions of disposition as shall be in the best interests of the City. b. The Purchasing Supervisor shall then dispose of the property in the manner specified, and shall ensure that the proper fund is credited with any resulting proceeds. Any cost incurred in the sale shall then be paid from the receiving fund. (i.e. auctioneer commission, advertising, etc.) c. ffthe Purchasing Supervisor cannot dispose of the property in the manner specified, he shall report to the Fiscal and Budget Committee and make recommendations for further action. 2.79.070 SURPLUS PROPERTY WITH AN ESTIMATED VALUE OVER TEN THOUSAND DOLLARS. Disposition of surplus property with an estimated value over ten thousand dollars must be approved by a majority of the City Council. The procedure is as follows: a. The Fiscal and Budget Committee shall consider the report of the Purchasing Supervisor and shall then either make its recommendations to the full Council, or give further directions to the Purchasing Supervisor. b. The full Council shall consider the recommendations of its Fiscal and Budget Committee, and may then: 1. Approve the disposition; 2. Approve the disposition with additional special conditions; or 3. Disapprove the proposed disposition, whereupon it shall give the Purchasing Supervisor directions for further action. 2.79.080 METHODS OF DISPOSITION. Permissible methods of disposition of surplus property include, but are not limited to: a. Public auction; b. Solicitation of written bids; c. Negotiated sale for approximate fair market value; or d. Transfer to another agency of government at or below reasonable market value in accordance with RCW 39.33. 2.79.090 UNCLAIMED PROPERTY. In addition to the provisions of RCW 63.32, unclaimed property in the possession of the police department will be itemized and declared surplus through the City Council each calendar year. Unclaimed bicycles and toys will be donated to non-profit charitable organizations for use by needy persons. The Purchasing Supervisor shall notify local non-profit charitable organizations that they may petition the City for bicycles and toys for distribution to the needy. Such notification shall include a statement that the property may not be resold. The Purchasing Supervisor shall determine the distribution of the property between all eligible organizations on an equitable basis and notify the Mayor of the determination. Upon final approval by the Mayor, a letter advising each affected organization of the determination will be sent with a copy to the City Police Chief. In the event that no non-profit charitable organization requests the property, it will be disposed of as provided elsewhere herein. 2.79.100 CITY EMPLOYEES. City employees shall not directly or indirectly take or dispose of city property other than in their official duties. This includes but is not limited to articles of clothing, supplies, tools and vehicles. Items owned by the City found to be unfit for further service on the job shall be turned in to a designated point within the department. As the number of items turned in justify, they will be declared surplus and sold as directed by the Purchasing Supervisor. No City owned item shall be turned over to an individual (employee or other person) for their personal use other than items purchased by employee clothing allotments. Items found by City employees in the course of their duties and not falling into one of the following areas shall be turned in to the department head as a "lost and found" item: a. Those that are perishable; b. Those that would create a health or safety problem if stored; or c. Those items that would reasonably be considered garbage. Items found and fitting into one of the above categories may be disposed of as seems reasonable. Other items will be turned in as "lost and found" items and disposed of as provided elsewhere herein. RCW 63.21.070 specifically disallows employees from personally keeping any property found in the course of employment. Employees shall not request and will not receive any preferential treatment in the disposal or sale of City surplus material. Likewise employee and retired employee organizations shall receive no special prices on the sale of surplus. Exception: The City has a significant investment in computers being used for ongoing and daily business operations. It is the policy of the City to promote and foster a growing knowledge and skill level in the understanding and operation of computers among employees. To this end, it is in the City's best interest to permit City employees to purchase surplus computer equipment for their personal use. Therefore, surplus computer equipment may bom time to time be declared surplus and offered for sale to City employees prior to being sold by other means. The price charged the employees for the items must meet or exceed the estimated net income from an auction sale. Certain City employees are excluded from purchasing items from the City by Washington State law. These include those directly involved in declaring items surplus, elected officials, and those administering the sale. RCW 42.23.030(6). 2.79.110 STATUTORY EXCEPTIONS. Certain provisions of the Revised Code of Washington impose special conditions for the disposition of municipal property. Where necessary, City officials shall comply with those laws, treating them as limited exceptions to this policy. Exceptions include, but are not limited to, the following as they may from time to time be amended: a. RCW 35.21.088 - equipment rental; b. RCW 35.21.660 through .690, .725 through .755 - transfers to municipally chartered corporations; c. RCW 35.94 - surplus utility property; d. RCW 39.33 and .34 - intergovernmental agreements; alternate method for intergovernmental disposition of property; e. RCW 46.52 - disposition of abandoned junk motor vehicles; and f. RCW 63.21 and 63.32 - unclaimed property. APPROVED by the City Council of the City ofBremerton this.~'~,g.~ day of 4 PASSED by the City Council of the City of Bremerton this ~ day of DAVID FARR, C~'uncil ~resi~te~( APPROVED this day of ,19 ORTON, Mayor i~~i~~L~SKEY, City Clerk