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