Chapter 3.16 - DISPOSAL OF SURPLUS PROPERTY

Sections:

Footnotes:

--- (2) --- Editor's note— Ord. No. 2025-43, § 1(Exh. A), adopted Aug. 27, 2025, repealed the former Ch. 3.16, §§ 3.16.010—3.16.030, 3.16.050, 3.16.060, and enacted a new Ch. 3.16 as set out herein. The former Ch. 3.16 pertained to similar subject matter and derived from Ord. 96-29 §§ 1, 2, 4, 5, adopted December 11, 1996.

3.16.010 - Surplus property.#

City personal property that is so used, obsolete, depreciated, excess or is no longer necessary to current and projected needs as to be unfit or undesirable for use or retention by the city may be declared "surplus property." Surplus property may be sold, exchanged or disposed of by the city as provided by Utah Code Ann. § 10-8-2 et. seq, as amended. No provision of this chapter shall be construed to require or invalidate any sale, conveyance, transaction, or transfer by the city, nor to vest rights of action of any kind against the city, its officers, agents and employees.

(Ord. No. 2025-43, § 1(Exh. A), 8-27-2025)

3.16.020 - Inventory of surplus property.#

Each Department head shall exercise supervision of all inventories of city personal property within the control of or assigned to their departments. Each department head shall, at least annually, submit to the Purchasing agent a list of all city property which the department head has determined is no longer useful or of benefit to that department or the city.

(Ord. No. 2025-43, § 1(Exh. A), 8-27-2025)

3.16.030 - Disposal of surplus personal property.#

Subject to this Chapter, the Purchasing agent may authorize the disposition of surplus personal property by sale, lease, trade in, exchange, or destruction. Before the disposal of surplus personal property the department head shall certify in writing that the property is no longer of public use and the estimated value of such property after having taken reasonable steps to determine the value of the property, by researching and performing an informal market survey of such property, obtaining evaluations or appraisals by qualified and disinterested appraisers, consulting with industry professionals or others with knowledge regarding any specialized or limited use property or utilizing other professional publications or valuation services.

The Purchasing agent shall authorize the disposition of surplus personal property in a method likely to produce the highest and best return to the city, either through sale by auction by the city or by a third party, sale by sealed bids, trade-ins or exchanges, sale and advertisement through online classifieds or other fair, open and lawful methods determined to produce the highest and best return, pursuant to existing state law, city policy and as follows: A.

When the value of the surplus property is considered negligible in relation to the time, labor and expense of selling, leasing, trading, transferring or conveying property, the Purchasing agent may authorize the destruction of the property.

B.

All surplus property sold, exchanged, transferred or conveyed shall be "as is" with no express or implied warranties and all sales shall be final.

C.

The disposal of surplus firearms shall comply with Utah Code Ann. § 24-3-101 et. seq., as amended and all applicable federal laws and regulations.

D.

When the surplus property contains equipment or components, software or data specific for city or government use only, the equipment, components, software and data must be removed prior to any transfer.

E.

Local units of government may be given, but are not required to be given, a preference in the acquisition of the city's surplus personal property.

F.

All records of the disposition of surplus personal property shall be maintained in accordance with the city's adopted retention schedules.

(Ord. No. 2025-43, § 1(Exh. A), 8-27-2025)