[HISTORY: Adopted by the Common Council of the City of Manawa 10-18-1993 as Sec. 3-4-1 of the 1989 Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Lost or abandoned property — See Ch. 241.
As used in this chapter, the following terms shall have the meanings indicated:
SURPLUS CITY PROPERTY
That property which is owned by the City of Manawa and which has no further usefulness to the city.
A. 
An item of property shall be considered to have no further usefulness when:
(1) 
The item or its function has been totally replaced by other city property and no probable future function exists for it;
(2) 
The city no longer performs the service for which the item was purchased and no other service can reasonably be provided by the item; or
(3) 
The item is no longer able to reliably or economically perform the work required of it.
B. 
Surplus city property, as defined in this chapter, shall not include:
(1) 
Land or buildings, but shall include fixtures and such salvage as may be taken from a building without structural damage when such fixtures and salvage are not part of a demolition contract.
(2) 
Property which is obtained by the city as a result of abandonment or loss by the property's original owner.
(3) 
Items of property which are traded in for newer items.
(4) 
Library materials used by the public library for lending purposes.
A. 
Whenever an item of city property is determined to be surplus city property on the basis that the city no longer performs the service for which the item was purchased, the Common Council shall determine whether or not the item is surplus city property.
B. 
Whenever the fair market value of the item is more than $500, the Common Council shall determine whether or not the item is surplus city property.
A. 
Whenever the Common Council determines that an item of property is surplus city property, it shall dispose of such property as it determines.
B. 
Whenever the fair market value of an item is more than $500 and the Common Council has determined, pursuant to § 21-2, that the item is surplus city property, the department head responsible for the item shall dispose of the property by:
(1) 
Donation to a nonprofit organization within the city or to a governmental agency;
(2) 
Public auction; or
(3) 
Sale by sealed bid.
C. 
In the event of a public auction or sale by sealed bid, the item will be sold in as-is condition to the person submitting the highest bid; provided, however, that a lower bid submitted by a nonprofit organization or governmental agency may be accepted by the Common Council. The department head responsible for the item shall determine the time in which the successful bidder must remove the item. In the event that the item is not removed within that time, the item shall revert to the city, and the amount of the bid shall be forfeited to the city. In the event that no bids are received, the item shall be disposed of as directed by the Common Council.
D. 
No public auction or awarding of bids shall occur under this chapter unless a description of the item to be sold and an advance notice of the time and place for such auction or bid submission is first published as a Class 2 notice in the official city newspaper.
E. 
Whenever the fair market value of an item is $500 or less and the Common Council has determined, pursuant to § 21-2, that it is surplus city property, the item shall be either disposed of as set forth in Subsection B above or destroyed.
Whenever this chapter requires a determination of the fair market value of an item of property, that determination shall be made by the department head responsible for the property, whose decision shall be final.
A. 
Except for library materials used by the public library for lending purposes, only the Common Council may dispose of city property which is not surplus city property.
B. 
Whenever this chapter provides for an auction or other disposition of any property, the Common Council shall be authorized to hire an auctioneer or take such other action as is necessary to properly dispose of the property; provided, however, that the fees of such auctioneer and all such costs, other than those for city labor and the use of city property, do not exceed the payment received by the city from the auction or sale of the property.