[Ord. No. 2021, 5-6-2020]
For the purposes of this Article, the following words and phrases
shall have the meanings set out herein:
Any property deemed to be abandoned by the Manager consistent
with Sections 447.500 through 447.595, RSMo.
The City Administrator of the City of Dardenne Prairie, Missouri,
or in the case of a vacancy in the office of City Administrator, the
Mayor.
The City Administrator or his/her designee.
All information, whether transmitted orally or in writing,
which is of such a nature that it is not, at that time, a matter of
public record or public knowledge, which shall include, but is not
necessarily limited to, public records and information transmitted
in meetings of public governmental bodies properly closed pursuant
to Chapter 610, RSMo.
The City Property Manager.
Property belonging to the City which is no longer needed
or used, including, but not limited to, vehicles, major equipment,
furniture, office equipment and supplies.
[Ord. No. 2021, 5-6-2020]
The Manager shall deliver abandoned property to the Missouri
State Treasurer in accordance with the procedures in Sections 447.500
through 447.595, RSMo.
[Ord. No. 2021, 5-6-2020]
A.
The
Manager is hereby authorized to administer and implement the provisions
of this Article, to dispose of surplus property under the provisions
of this Article and to promulgate rules and regulations consistent
with the provisions of this Article; provided, however, that such
rules and regulations shall be submitted to the Board of Aldermen
at a regular meeting of the Board of Aldermen prior to their implementation.
Such rules and regulations shall establish procedures for the disposal
of surplus property in a manner that is reasonably determined to remove,
or protect from disclosure, any confidential information contained
in or on the surplus property.
B.
Each
department of the City shall submit a report listing available surplus
property to the Manager prior to December 31st of each year. On or
before the January 31st immediately following the receipt of such
reports, the Manager shall create a list of all surplus property in
the City and distribute it to the heads of each department of the
City. Any head of a department of the City may submit a request, in
writing, for any item of surplus property to the Manager within thirty
(30) days of receipt of the list of surplus property. Upon receipt
of such request, the Manager may deliver such surplus property to
the head of a department that requested the property.
C.
Except where otherwise required by the laws of the State of Missouri, surplus property not delivered to a head of a department of the City pursuant to Subsection (B) of this Section may be disposed of by the Manager consistent with the rules and regulations promulgated by the Manager and in a manner reasonably estimated to result in the greatest return to the City, including, but not necessarily limited to, the following:
1.
The surplus property may be sold at a public auction or through a
formal bidding process.
a.
The public auction or formal bid may be held by the City or by some
third party under a written agreement with the City to conduct the
auction or formal bid. Multiple items of surplus property may be sold
individually, or in lots, at such public auction or formal bid.
b.
The City may publicize the date, time, and location of the public
auction or formal bid, as well as the items available thereat, in
any manner that the Manager finds, in his/her sole discretion, will
most reasonably reach the largest number of potential bidders. The
Manager shall consider the cost of publication relative to anticipated
revenues from the sale of the surplus property in determining the
reasonableness of any such notice.
c.
The person who submits the highest price at a public auction or formal
bid will be given the surplus property upon the City's receipt of
payment.
2.
The surplus property may be sold at an auction conducted on the Internet.
a.
An auction conducted on the Internet may be accomplished through
the City's website or a separate entity providing auction services
over the Internet. Multiple items of surplus property may be sold
individually, or in lots, at such auction.
b.
The City may publicize the date and time at which the Internet auction
will end, as well as the items available at the Internet auction,
in any manner that the Manager finds, in his/her sole discretion,
will most reasonably reach the largest number of potential bidders.
The Manager shall consider the cost of publication relative to anticipated
revenues from the sale of the surplus property in determining the
reasonableness of any such notice.
c.
The person who submits the highest price at the Internet auction
will be given the surplus property upon the City's receipt of payment.
3.
The surplus property may be used as a trade-in to lower the cost
of a capital expenditure.
4.
The surplus property may be given to an entity which is exempt from
Federal taxation pursuant to Section 501(c)(3) of the Internal Revenue
Code, pursuant to a written agreement with such entity to provide
in-kind services to the City.
5.
The surplus property may be sold through a private negotiated sale.
6.
If surplus property is determined by the Manager to be of little or no monetary value such that it may not be effectively disposed of in any other manner described in this Subsection (C), the surplus property may be discarded, sold for scrap value or recycled. The Manager may determine that surplus property is of little or no monetary value if the cost of disposing of the property in any manner described in this Subsection (C) meets or exceeds the Manager's estimated monetary value of the surplus property.
D.
Notwithstanding any provision of Subsection (C) of this Section 130.210 to the contrary, the manner and method of disposing of surplus property that had an original, retail value of at least ten thousand dollars ($10,000.00) at the time it was acquired by the City, shall be subject to the approval of the Board of Aldermen.
E.
Any proceeds from a sale conducted under this Section 130.210 shall be deposited into the appropriate City fund from which payment for the sold property was originally made.
F.
The
Manager is authorized to execute all documents necessary to dispose
of surplus property under this Section on behalf of the City.
[Ord. No. 2021, 5-6-2020]
Nothing in this Article shall pertain to the sale or disposition
of any real estate, or interests in real estate, owned by the City
of Dardenne Prairie.
