HomeMy WebLinkAboutORD 2887 11311_41j NO. 28
ORDINANCE NO.
AN ORDINAN(T EXAGITI) BY �
("OtJNCIL m 01-13-01 141ROUG14 01-13-0031
NEW C11API"ER 11 ARTIC,LjE 1,31'1NCLjLJS1,VE, OF 141E CA1,A)WELfLi CITY CODE ENTUTI-JE]")ry
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PROPERTY," AND PERTAI,N`1NG TO 11-1 E 1` 1
, PERSONAL
REAL, PRORER"I"TAS
FOR PROVIDINC` F(I)R ANI) E . '
PART'S A114L 0' 11,I)INANCES, RESOLLTIONS, ORDERS AN1) THER
.. °
E 1 r,l,,, 01ZI)AINED, by, the Mayor and City Council of the Cfty of Caldwell, Count,y of
Canyon, State of Idaho,:
That a new A „.ity Code, pet~� t
of the Caldwell er I' Aftlele 13, Sections 011-134")l through 01-13-03, inclusive,
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ARTIC"LE 13
SLI,101 j
SALE A'"I"
0143-010- SURPLUS PROPIERTY0
No ern'Ployee ofthe City is authorized t() Selll, transfier or give personal
the City exce m ,,w a�"
micewith this Article atid state law 1"lie 1111authorized sale or transfer
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punishable as provided 'in, Idaho §§ 50-302(l) and 18-113, as afriended, in addition to any
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oflier civil or' eClUitabIc e which nilght be ava,flable 'to the City or ulklunal charge that
tiught w pri e urider the c .nces. O�tily the 1'11 i S C r declare
propefty, whether real and pe.11-Sotic-11, to be sturplus,, "Flie (,,"Jty Clerk, shiill coordin.ate the disposal
of all s . n° °.
requi , ",J in 11.. . esµ interests
cons istent-wah flit requiretlients, o,'17 la-W.
A. DECLARATION OF" SURPLUS; '111SPOSAL, OF PERSONAL
NN aj,'"iftern or batch o C j/
less than $1,000.00, and sub ject 'to the prolijbitions set ft')rth in Section 01-13-01(1:-'!')
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bYllfJ IgLY2ID��m Vlf�(P✓RO/L,i'fl(AfllfY1119N///IALAhb;O
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below, the City Clerk shall have full discretion on when and hove such
. an item,, or batch
of items, shall be disposed of following declaration b the City Y y that such
property is surplus, unless specific dispositive instructions are b iven
g Y the City Council
in that declaration. Surplus personal property estimated b the City Clerk
of$1,000.00, Y Y to have a value
0.00, or more, shall be disposed of in accordance with the rovisi
p ons set forth
below in Section 0I-13-0 I(D). The City Council an resolution may, in
Y y n declaring
personal property to be surplus, direct the method of disposition. If no method od of
disposition is set forth in the resolution, such property shall be disposed of in
any manner
consistent with this Article and state and federal law.
R. DECLARATION OF SURPLUS; DISPOSAL OF REAL
PROPERTY: When appropriate, the City shall declare City real
y owne property,
including hangars located at the Caldwell Industrial Airport, to be surplus and
� rp dispose of
such property in accordance with the requirements and rocedures set forth in
Code § 50-1403.
p Idaho
C. TRANSFER OF SURPLUS PROPERTY TO OTHER
GOVERNMENT AGENCIES: When appropriate and in the City's best interest,, the
City Clerk shall recommend to the Mayor and City Council the transfer or donation of
surplus property to other government agencies in accordance with the requirements q of
Idaho Code.
D. DISPOSITION OF SURPLUS PROPERTY: The City lerk
Y may
dispose of personal property through a sale, or may, in the alternative dispose of said
d
property through exchange for property to be acquired by the City.
I. All sales of surplus personal property, except as specifically
p Y
provided for herein, shall be made through a public sale or auction and shall be
preceded by some form of public notice, which shall include, at a minimum a
posting for at least three (3) days on the City's internet website. Except where
such procedures or requirements are set forth in Idaho Code, decisions concerning
the procedures to be followed for the
sale and any additional notice beyond that
required above shall be made by the City Clerk.
2. If any sale or auction of surplus personal property fails to produce
a buyer at a minimum price set by the City Council, if a minimum p rice was set
or, if no bids are received, the City Clerk shall proceed to disp ose of the property
at his or her discretion, subject to the prohibitions set forth in Section 01-13-
01(E), in any appropriate manner designed to maximize the financial return to the
City, unless otherwise instructed by the City Council in its resolution declaring
such property surplus.
to be
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3. In the event items of surplus personal property are determine
have no saleable y d to
e value because of condition, obsolescence or inappropriateness of
use for the general public, the
g p e City Clerk shall dispose of such items in an
manner appropriate, subject to the prohibitions s y
p et forth in Section o 1-13-01(E)
4. When real or personal property is purchased, donated or otherwise
conveyed to the City and federal funding designated for the u ose of assisting
low-to moderate-income
persons with decent, safe, affordable housing
opportunities, has been utilized to obtain or improve the property, it ma be
offered for public sale. If y
p the property is not sold through a public sale, the
property may be sold, donated or otherwise conveyed directl y to a low-to-
moderate-income person as approved by the City Clerk and housing program
administrator. In either event the g r p gam
sale or conveyance must be consistent with the
requirements of the applicable federal regulations under which the ro ert
p p y was
°
obtained initially or improved.
S. All proceeds from the sale or auction of an item or batch of items
of surplus property shall be deposited into the miscellaneous revenue account of
the department from which such item or batch of items originated.
E. PARTIES PROHIBITED FROM PURCHASING SURPLUS
PROPERTY: It shall be unlawful for any of the following persons to purchase surplus
us
property at any sale or auction: Mayor, City Clerk, Members of the City ouncil
Appointed Officials or Department y '
p Heads. It shall likewise be unlawful for any
partnership or entity in which any of the foregoing persons have any interest to purchase
such property. No employer, business partner, business associate or immediate family
member of one of the aforementioned persons shall be permitted to urchase surplus
urplus
property at any sale or action. Finally, no City employee involved in the sale of an
specific item or batch of items of surplus l roe p p rty shall be permitted to purchase said
property. A knowing violation of this prohibition shall constitute a misdemeanor,
punishable as provided in Idaho Code §§ 50-302(l)and 18-113, as amended.
41-13-03: SALE AT RETAIL:
° Notwithstanding any other provision of this Code, the City may sell personal
• . . . y y p property to
employees and members of the public at retail at City facilities and events. For u '
p rposes of this
section "facilities and events" shall include but shall not be limited to, vending machines,s, snack
bars, gift shops,pro shops or other marketing methods catering to City employees or
members of
the public utilizing City facilities or participation in City sponsored events.
Section 2. This ordinance shall be in full force and effect from and after its passage, approval,and publication, accordin g to law.
PAGE-3
v
sectioll This ord,mame is der severable. �s w
declal-ed L'i-walfd by a court of conipeterit -Lirisdictiol"I the full F
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41 . � .s a c �.
f part-MI. inwilidity.
Section 4., A,ll ordinan�ces, s ot-ders ctnd liails tliereol'71n� conflict heremith, M repealed.
PASSED BY "I"HE COUNCII., O 'T'Y OF CM.-DWEI-Iij IDAHO, thts, 21st day of'
November', .
APPROVED 3y rl'14E MAYOR OF TTIE C 1,rl.,,,y, ()F CALjDWELLJj IDAHO, this 2 1 A day of
November, 2
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City Cl k,, �
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u low
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PAG E,.
ORDINANCES C E i
NOTICE
DECLARATION.
s. G FOR, AN EFFE(JIVE DATE; PROVIDIM.."'I'V FOR
ORDERS
PARTSTHEREOF _Ja. y
Sectioli I.- 1"nacts a, ants hapter ], Article 13, Sections 01-13-01 throul0h r 3-031, t„I CILIS ofthe
'o v w
r r r U r e r r r with "io �. � 1, ”" " rg r'
the 4 r , tra or disposal of City prohibiting rw )I' disposal
diereof and w
treating SLIC11 saic,transfer r ,r osa r rir lsdemeanor punishable as, set f*orth in Idaho("ode
W W at-idr 3, r er. r rr� h "I"ity unc i os re
y . � yr g
[r a u
rr o ' r
p r q o ew.. as s r p os, �� y w a i g I Vi Cle w y , e official w . .,. coordinate
,. a p a rope t r o r� r r g g r r a e r r ' � er e rMr U w.m a v and - e m
real or personal, prohibiting i City
.l rfrx y
r r r r.srr u .lU r . r h nowin g v . r.r" hiC.,r 01"r w r e rx,r r rr a r.r rrr ,
as set ficorth in Idaho Code §§ 50-302(V and 18-113, rr rrw r r
g , o errs r re e o r r r r r r° ., . f r.r .r t r ,r ilities
and e s.
Sections 2 r
. r r r , ,hat r r i n a n r r r.r r 1'01'cc`�,, (11111d et*fect from and after its� � w r ,
err rr� ..r a ; :rwv r. r y� r c a corr �r
r .rr e res r ,rr are �r� r- .
c
r n r p rr re r r ri u ice w 7 r i n S r
on the 28th day „ rr° ._x. w 2 w 7 .r :r s C r r n i rr}rd approved by tl"ie
Mayor on, d"ie 21st dc,'1y, of Noveniber, 2011. 'I"he full text, ofthe Ordina,'nce Is available at Caldwell CItV
rx r me S reed, Wµa � e r, i 3 5. r e May.r r.r r ty C.or.rrr r r o " ;ire foregoing
rrµrrr" rw y n r y .. veni r, .�r Lr..lic;do err rr e a f Noveniber, 2011
Mayor(Jarret L.Nalicolcas
M"FES"I": .ebb,l'e ey r ' :fi r
I have reviewed the 1"oregoing suinniary and believe
r at i p r d � r r cr m� e r r r"r r r ry
raw n
No., 2887 and I'm-ovides adequate w `e pilb a "
the contents of SLICII ordinance.
w
A "r: D err 21 gray °No °errrb r,
'Mark 1--filty, Attorney for :..