HomeMy WebLinkAbout2001-12-18; City Council; NS-613; CMC 3.29 amends - City property surplus disposal procedures....
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ORDINANCE NO. NS- 613
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.29 OF THE CARLSBAD MUNICIPAL CODE TO REVISE THE PROCEDURES FOR DISPOSAL OF SURPLUS CITY PROPERTY.
The City Council of the City of Carlsbad, California, does ordain as
follows:
WHEREAS, Chapter 3.29 of the Carlsbad Municipal Code provides
for the disposition of surplus City property; and
WHEREAS, Chapter 3.29 of the Carlsbad Municipal Code does not
currently allow for the electronic auction or sale of surplus property by
consignment; and
WHEREAS, recent restrictions enacted by the San Diego County
Cooperative Auction have limited the City’s ability to send surplus items to
the County’s auction; and thereby, have limited the City’s access to a
traditional market for the sale of surplus items; and
WHEREAS, with the increased use of electronic commerce by the
public and private sectors, and the increasing value of access to electronic
market places, the City Council desires to provide for the electronic auction
and sale of surplus property by consignment;
. . . .
. . . .
. . . .
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NOW THEREFORE, BE IT ORDAINED by the City Council of the City of
Carlsbad, California as follows:
SECTION 1: That the above recitations are true and correct.
SECTION 2: That Chapter 3.29 of the Carlsbad Municipal Code
is amended in its entirety to read as follows:
“3.29.010 - Dutv to report surplus supplies and equipment
A. All departments shall supply to the purchasing officer, at such
times and in such forms as prescribed, reports showing all supplies and
equipment which are no longer used or which have become obsolete or
worn out or otherwise surplus to the needs of the City. The purchasing
officer shall have authority to exchange for or trade in such property on new
supplies and equipment in accordance with this chapter.
3.29.020 - Disposal required
A. The purchasing officer shall determine if any surplus supplies or
equipment can be used by any other agency in the city. If such supplies or
equipment cannot be used or are unsuitable for city use, the purchasing
officer shall, in the manner provided in this chapter, dispose of such
supplies and equipment that cannot be exchanged for or traded in on new
supplies or equipment.
3.29.030 - Authority
A. The purchasing officer is authorized to sell or dispose of surplus
personal property having a salvage value in the open market by public
auction, through electronic auctions or sales including intemet based
market places, by consignment, by competitive sealed bids, by negotiated
sale to other public or quasi-public agencies or by exchange or trade in for
new goods.
1. If the surplus property which is not required for city use
has an estimated value of more than the amount established as
the city manager’s authority for awarding procurement contracts
for goods and services, the city manager shall dispose of the
property as provided by resolution of the city council.
3.29.040 - Property with no salvage value or unable to be sold
A. Surplus property that is determined to be “unable to be sold” or
items having no estimated or appraisal value, may be disposed of by the
purchasing officer in any manner deemed appropriate, keeping full records
of such disposition.
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3.29.050 - Records
A. The purchasing officer shall provide regular reports to the city
manager which indicate surplus property disposed of, the method of
disposal, and the amounts recovered from such disposal efforts. The city
manager shall send to the city council regular reports of all surplus property
that has been disposed of, including the amounts received for the sale of
surplus property.
3.29.060 - Donations
A. In addition to the methods of disposal listed in Section 3.29.030,
the city manager may authorize the disposal of surplus property through
donation of such property to a governmental, public or quasi-public agency,
charitable or non-profit organization. Upon approval in advance in writing
by the city manager, surplus personal property may be donated to
governmental, public or quasi-public agencies, charitable or non-profit
organizations.
3.29.070 - Proceeds of Sale
A. Proceeds from the sale of surplus personal property shall be
deposited into the appropriate fund, as determined by the finance director.
3.29.080 - Citv personnel prohibited
A. No city officer or employee shall purchase surplus city property
sold in accordance with this chapter.”
EFFECTIVE DATE: This ordinance shall be effective thirty days
after its adoption, and the City Clerk shall certify the adoption of this
ordinance and cause it to be published at least once in a newspaper of
general circulation in the City of Carlsbad within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 11th day of
DECEMBER ,2001, and thereafter.
. . . .
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PASSED AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad on the 18th day of DECEMBER ,
2001, the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, Hall
NOES: None
ABSENT: None
APPROVED AS TO FORM AND LEGALITY
ATTEST:
RRAINQ M. WOOD, City Clerk
(SEAL)
/