HomeMy WebLinkAboutOrdinance 2302 N.C.S. 07/07/2008 EFFECTIVE DATE ORDINANCE NO. 2302 N.C.S.
OF ORDINANCE
August 7, 2008
1 Introduced by Seconded by
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4 Mike O'Brien Teresa Barrett
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10 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA
11 REPEALING PETALUMA MUNICIPAL CODE CHAPTER 3.12 AND ADOPTING A REVISED
12 CHAPTER 3.12, SALE OR DISPOSAL OF SURPLUS CITY PROPERTY, TO PROVIDE THAT SALE OR
13 DISPOSAL OF SURPLUS PERSONAL PROPERTY OWNED BY THE CITY AND VALUED AT LESS
14 THAN TWENTY-FIVE THOUSAND DOLLARS ($25,000) MAY BE CONDUCTED
15 ADMINISTRATIVELY, PROVIDING THAT ALL SALES OF SURPLUS CITY PROPERTY ARE WITHOUT
16 WARRANTY OR GUARANTEE AND ADDING PROHIBITIONS ON
17 PURCHASES BY CERTAIN CITY EMPLOYEES AND CONTRACTORS
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20 WHEREAS, the City of Petaluma is empowered through its City Charter and its police
21 power to dispose of personal property in any way which serves the common benefit; and,
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23 WHEREAS, Chapter 3.12 of the Petaluma Municipal Code was adopted to provide
24 reasonable regulation of the disposal of surplus personal property by the City; and,
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26 WHEREAS, the $500 limit on the value of surplus personal property which can be disposed
27 of without a resolution of the City Council .has not been updated since 1985; and,
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29 WHEREAS, said dollar limit on administrative disposals of surplus property has led to
30 inefficiencies and waste of staff, City Council and public resources; and,
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32 WHEREAS, increasing the dollar value threshold for authorization of sale or disposal of
33 surplus City personal property by the City Manager will make better use of public resources and
34 still provide adequate fiscal controls over the disposal of said property; and,
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36 WHEREAS, the higher dollar value threshold for administrative approval of surplus property
37 disposal set forth herein does not exceed the dollar limit for such administrative approval
38 recommended by the City's auditors; and,
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40 WHEREAS, adding a provision that all sales of surplus property are 'as-is' and without
41 warranty or guarantee will increase the City's protection against potential liability to purchasers
42 of surplus property; and,
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1 WHEREAS, adding a provision prohibiting certain City officials, officers, employees and
2 contractors from acquiring surplus property will avoid. potential conflicts of interest or violation of
3 ethical laws, forestall any appearance of impropriety and instill further public confidence in the
4 City's conduct of its business affairs,
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6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS
7 FOLLOWS:
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9 Section 1. Recitals Made Findings, The above recitals are hereby declared to be
10 true and correct and findings of the City Council of the City of Petaluma,
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13 Section 2, Chapter 3,12 entitled, "Sale or Disposal of Surplus City Property" of the
14 Petaluma Municipal Code is hereby repealed, and the following Chapter 3,12 is hereby
15 adopted and added to the Petaluma Municipal Code to read as follows;
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17 CHAPTER 3.12
18 SALE OR DISPOSAL OF SURPLUS CITY PROPERTY
19 3.12.010 Surplus property defined.
20 Personal property owned by the City and no longer required for use by the City shall be
21 considered surplus.
22 3.12.020 Property with a residual value of more than twenty-five thousand dollars.
23 The City Council may direct, by resolution, the City to sell or dispose of surplus property
24 with a residual value of more than twenty-five thousand dollars as provided herein.
25 3.12.030 Property with a residual value of less than twenty-five thousand dollars.
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27 A. The City Manager may sell or dispose of surplus property with a residual value of
28 less than twenty-five thousand dollars as provided herein,
29 B, The City Manager is authorized to discard or otherwise dispose of damaged,
30 useless or valueless surplus property when costs associated with storing,
31 transporting and/or selling such property would exceed the anticipated revenues
32 to be realized from a sale.
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34 C, If determined to be more advantageous to the City than a sale of surplus
35 property, the City Council or City Manager may direct and/or solicit atrade-in or
36 exchange allowance on the purchase of other public property pursuant to
37 Chapter 4.04 of this code, in exchange for the surplus property,
38 3.12.040 City Manager to conduct sale or disposal.
39 The sale or disposal authorized by this chapter shall be held by the City Manager or
40 designee in the following manner;
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42 A. The City Manager or designee shall cause to be posted in the public posting
43 place in the City Hall a general description of the property to be sold.
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1 B. The City Manager or designee shall issue a request for bids and shall sell to the
2 highest bidder, unless the City Manager determines in his/her discretion that it is in
3 the best interests of the City to make such sale by private sale, in which case the
4 sale may be conducted without public bidding.
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6 C. All sales shall be for cash, personal check, money order or credit card.
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8 D. The City Manager or designee is authorized to sign bills of sale and any other
9 papers or documents evidencing such sales or transactions for and on behalf of
10 the City.
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12 E. Prior to executing a bill of sale for property covered by this chapter, the City
13 Manager or designee shall obtain a written waiver from the purchaser releasing
14 the City and its officials, officers and employees from all liability related to the
15 sale. All property sold pursuant to this chapter must be accepted by the
16 purchaser "as is" without any warranty or guarantee regarding the condition of
17 the property or its suitability for any intended use.
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19 F. When a City official, officer or employee, including but not limited to City Council
20 members, the City Manager, Administrative Services Director, department
21 directors or City employees or contractors have participated in decisions to
22 dispose of surplus property, and/or have access to information regarding the
23 surplus property or the value thereof which is not available to or known by all
24 public bidders, that official, officer, employee and/or contractor shall not either
25 directly or indirectly bid for or purchase surplus property or take possession of
26 property disposed of under the provisions of this chapter.
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28 3.12.045 Certain transactions exempt from auction or bidding.
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30 A, Notwithstanding any other provision of this chapter, any police vehicles declared
31 to be surplus regardless of value, may be sold by the City Manager to any
32 educational institution, or political subdivision thereof, without public auction or
33 advertisement for bids, if the City Manager finds that the sale will enhance peace
34 officer training.
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36 B. The City Manager or designee is authorized to sign bills of sale and any other
37 papers or documents evidencing sales under this section.
38 3.12.050 Disposal procedures.
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40 All moneys received in consummating any sales authorized by this chapter shall be
41 deposited to the credit of the appropriate fund of the City.
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43 Section 3. CEQA.
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45 The City Council finds that adoption of this ordinance is exempt from the California
46 Environmental Quality Act ("CEQA"), pursuant to Sections 15061(b)(3) (no possibility that the
47 activity may have a significant impact on the environment) and 15060(c)(3) (the activity is not a
48 project as defined in Section 15378) of the CEQA Guidelines (Title 14, Chapter 3 of the California
49 Code of Regulations),
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1 Section 4. Severability.
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3 If any provision of this ordinance or the application thereof to any person or
4 circumstance is held invalid, the remainder of the ordinance, including the application of such
5 part or provision to other persons or circumstances shall not be affected thereby and shall
6 continue in full force and effect. To this end, provisions of this ordinance are severable, The City
7 Council hereby declares that it would have passed each section, subsection, subdivision,
8 paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more
9 sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
10 unconstitutional, invalid, or unenforceable.
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12 Section 5. Effective Date.
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14 This ordinance shall become effective thirty (30) days affer the date of its adoption by
15 the Petaluma City Council.
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17 Section 6. Publication,
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19 The City Clerk is hereby directed to post and/or publish this ordinance or a synopsis of it
20 for the period and in the manner required by the City Charter,
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23 INTRODUCED AND ORDERED POSTED/€B THIS 1 btn day of June, 2008.
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25 ADOPTED THIS 7th day of July, 2008, by the following vote:
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28 AYES; Barrett, Freitas, Harris, Nau, O'Brien, Vice Mayor Babbitt, Mayor Torliatt
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30 NOES: None
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32 ABSENT: None
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34 ABSTAIN: None
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41 Pame a Torliatt; Mayor
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45 ATTEST: APPROVED AS TO FORM; '
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51 F' ,r .~t'.,~ dy-~.~-
52 Claire Cooper, CMC, City Clerk Leslie Thomsen, .Assistant City Attorney
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