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058-17 - Ordinance - Adopting New Chapter 1.30 Disposal of Surplus PropertyORDINANCE NO. 058-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING A NEW CHAPTER 1.30 ("DISPOSAL OF SURPLUS PROPERTY") TO THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City; and WHEREAS, the reclassification of the city necessitated certain additions to the Port Orchard Municipal Code ("POMC"); and WHEREAS, the City Council has determined that it is in the best interests of the city to adopt Chapter 1.30 POMC as a necessary addition to the POMC as a result of the reclassification; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: The Port Orchard Municipal Code Chapter 1.30 ("Disposal of SurplusSECTION 1, Property") is hereby adopted as follows: Chapter 1.30 - DISPOSAL OF SURPLUS PROPERTY Sections: 1.30.010 Purpose. 1.30.020 Procedures - Identification and sale of surplus property. 1.30.030 Disposition of proceeds of sale. 1.30.010 Purpose. This chapter establishes procedures for disposing of property, other than real estate, which is surplus to the needs of the city. It is the intention of the city council that the procedures set forth in this chapter are preferred over others; therefore, special procedures called for under other legislation are to be deemed exceptions to this chapter. 1.30.020 Procedures - Identification and sale of surplus property. Ordinance No. 058-17 Page 2 of 3 (1) Identification of Surplus Property. The finance department shall generate and maintain a report identifying all surplus property based on evaluation of the city's current and possible future use of property. (2) Council Approval. The city clerk shall periodically submit the report to the city council for review and approval at a regular meeting. Disposition of surplus property must be approved by a majority of the city council. The council's consideration for disposition shall include the following: (a) Possible future requirements of the city; (b) Present value of the property; (c) Likelihood of locating a buyer; (d) Intergovernmental cooperation; (e) The general welfare of the citizens of the city. i (3) Frequency of Disposition. The city clerk shall, at least once a year and as often as is deemed advisable, sell or dispose of all city property designated surplus and approved by the city council. sI! i (4) Methods of Disposition. Surplus property approved by the city council for disposition shall be disposed of through one of the following methods: (a) Transfer to General Services Administration (GSA); (b) Transfer to another agency of government; (c) Public or privately operated consignment auction; (d) Solicitation of written bids; (e) Negotiated sale to one or more designated buyers; (f) Trade-in upon the purchase of a like article; or (g) Online auction or classifieds.5 After attempting disposal of property under one or more of the preceding methods, the department director of the department in possession of the property is authorized to salvage any recyclable material and dispose of the remainder as refuse through appropriate methods of waste disposal where the surplus property due to damage, deterioration or obsolescence no longer has a market value or such market value is exceeded by the cost of repair and the continued cost of storage or the need of the city for existing space makes the continued storage of valueless items impracticable. If an item of property has been deemed by the department director to be of zero value, it may be disposed of in the best interests of the city without first attempting any of the preceding methods of disposal. Nothing herein shall be interpreted to authorize the gifting of any item of value to a city employee or other private person. 1.30.030 Disposition of proceeds of sale. The proceeds of such sale are to be paid into the fund that owns the item. Ordinance No. 058-17 Page 3 of 3 SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 28th day of November 2017. Robert Putaansuu, Mayor SPONSOR:ATTEST: i'~~y ek Ashby, Councilmemb^' " 'Brandy Rinearson, CMC, City Clerk If SEAL j ; %<£\V , APPROVED AS TO FORM: I/*> zfcifei ron Cates, City Attorney December 8, 2017 December 13, 2017 PUBLISHED: EFFECTIVE DATE: NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held November 28, 2017. ORDINANCE NO. 058-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING A NEW CHAPTER 1.30 (“DISPOSAL OF SURPLUS PROPERTY”) TO THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 058-17 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 058-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, December 8, 2017