HomeMy WebLinkAbout1995-06-06; City Council; 13166; AMENDMENTS TO THE DISPOSAL OF SURPLUS CITY PROPERTY SECTION OF THE MUNICIPAL CODE-
Amendments to The Disposal of Surplus City Property Section
of the Carlsbad Municipal Code
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i ‘7- CW OF CARLSBAD - AGEWA BILL
RECOMMENDED ACTION:
Introduce Ordinance No.NS - J’famending The Disposal of Surplus Property sectioi
of the Carlsbad Municipal Code.
ITEM EXPLANATION:
In 1988, the City Council authorized the City to participate in San Diego County’
Cooperative Auctions. Most of the City’s surplus vehicles, equipment an
miscellaneous items are sold at the City-County Auctions that are held three-foi
times a year. Disposing of surplus property in this manner has proven to be vel
satisfactory. In 1994-95, the City realized $57,506 from the sale of surplus ar
unclaimed property at the cooperative auctions. We want to continue to participa
in these auctions; however, periodically the City receives requests from other pub
agencies or non-profit organizations for surplus items to be purchased for a nomir
amount or to be donated to them for public service. The proposed amendment
Section 3.29.040 would allow the City Manager to sell or donate surplus property
other agencies or approved non-profit organizations on a rotating basis.
The present ordinance allows surplus property that is unable to be sold to
donated to a charitable organization. However, many surplus items are scrap or iter
that have no estimated or appraised value and cannot be used by charitat
organizations. It is advantageous for the City to dispose of these items in a manr
which maximizes revenue expeditiously. Therefore, the proposed amendment to ’
ordinance authorizes the Purchasing Officer to dispose of such items in i
appropriate manner and to keep records of the disposition on file.
The above recommended amendments to the Carlsbad Municipal Code will expec
the disposal of surplus property.
FISCAL IMPACT:
If the recommended amendments are adopted, there will be no additional cost!
the City. There may be a reduction in the number of surplus items that are sold i
therefore a reduction in revenue if donations are made or assets transferred to 01
agencies or non-profit organizations.
EXHIBITS:
1. Memo to City Manager dated April 17, 1995. 2. Summary of Chapter 3.29 showing amendments. 3. Ordinance No. AIS - 3iO
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April 17, 1995
TO: CITY MANAGER
VIA: Financial Management Director
FROM: Purchasing Officer
AMENDMENTS TO PURCHASING ORDINANCE
One of the goals of the Purchasing Department this year is to review and revise t
purchasing ordinance. These proposed revisions will streamline the procedures
disposing of the City’s surplus property.
From time to time, the City receives requests from other agencies and from non-prc
organizations to purchase for a nominal amount or to donate surplus items to th
agencies or organizations. Recently, we received a request from the coordinator of t
Library Adult Learning Program for one or two surplus computers to be used by Pegas
West, a non-profit day treatment facility that the Adult Learning Program is working wi
Also, the Housing Program Manager requested four surplus computers and one or *
cars or trucks be donated to the Housing Authority for selling, leasing or donating to t
Family Self-Suff iciency participants. The proposed amendment will give the City Manal
authorization to dispose of surplus property by sale for a nominal amount or a donati
of the surplus items to other agencies or approved non-profit organizations on a rotati
basis. The City Manager would establish a committee to review the requests and to vel
the non-profit status of the requesting organizations.
The second change in the ordinance involves the disposal of items that are unable to
sold, scrap or surplus items with no estimated value. Many times these items cannot
used by any charitable organization and it is necessary to have a procedure in placc
dispose of these items in a way that the City will realize the maximum revenue. 1
proposed amendment will allow the Purchasing Officer to dispose of unsalable item:
the most appropriate manner keeping a record of the disposition.
The above recommended amendments to the Carlsbad Municipal Code will expedite
disposal of the City’s surplus property. *e&ah
RUTH FLETCHER
RF:jk
e 0 Exhibit 2
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Chapter 3.29
Disposal of Surplus City Property
3.29.030 City Manager’s Determination.
3.29.040 Manner of disposal
3.29.030 City manager’s determination.
If the city manager concurs with the purchasing officer that certain personal property
not required for public use he shall declare it surplus and prepare a written estimate
the market value thereof.
3.29.040 Manner of disposal.
(a) If the surplus property which is not required for city use has an estimated mark
value of less than twenty-five thousand dollars, the city manager may authorize t
disposal of the property by:
(1) Public auction;
(2) Negotiated sale to other San Diego County municipalities or governmen
agencies at a price determined to be fair and reasonable;
(3) Sealed bids;
(4)
under the provisions of the Internal Revenue Code and whose prim;
purpose is public service.
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(b) If the surplus property which is not required for City use has an estimated markt
value of more than twenty-five thousand dollars, the city manager shall dispos
of the property as provided by resolution of the city council.
The amount received for any property sold pursuant to this chapter shall k
credited to the appropriate fund as the city manager shall determine. (c)
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ORDINANCE NO. NS-310
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING TITLE 3, CHAPTER 3.29 OF
THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF
SECTIONS 3.29.030 AND 3.29.040, TO REVISE THE PROCEDURES FOR THE DISPOSAL OF SURPLUS CITY PROPERTY.
The City Council of the City of Carlsbad, California, does ordain as follow3
SECTION 1 : That Title 3, Chapter 3.29 of the Carlsbad Municipal Code is
by the amendment of Section 3.29.030 and Section 3.29.040 to read as follows:
"3.29.030 Citv Manager's Determination.
If the city manager concurs with the purchasing officer that certain personal prop
required for public use he shall declare it surplus and prepare a written estim
market value thereof.
3.29.040 Manner of Disposal.
(a) If the surplus property which is not required for City use has an estirnat
value of less than twenty-five thousand dollars, the city manager may authorize th
of the property by:
(1) Public auction;
(2) Negotiated sale to other San Diego County municipalities or go\
agencies at a price determined to be fair and reasonable;
(3) Sealed bids;
If the items of city-owned personal property are determined to be "unable
or in the case of scrap or items having no estimated or appraised value, the ,
officer may dispose of such items in any manner deemed appropriate, keeping
of such disposition.
(b) If the surplus property which is not required for City use has an estim:
value of more than twenty-five thousand dollars, the city manager shall disr
property as provided by resolutior! of the city council.
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(c) The amount received for any property sold pursuant to this chaptc
credited to the appropriate fund as the city manager shall determine."
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adc
the city clerk shall certify to the adoption of this ordinance and cause it to be pi
least once in a newspaper of general circulation within fifteen days after its adop
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad C
on the 6th day of JUNE , 1995, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
Carlsbad on the day of , 1995, by the following \
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
Ronald R. Ball, City Attorney
Attest:
Claude A. Lewis, Mayor
Aletha L. Rautenkranz, City Clerk
(SEAL)