HomeMy WebLinkAbout73 of 1981 - Amending Chapter 1 of Title 33 and repealing Sections 33-2-9 and 33-2-10, relating to the dispositio SALT LAKE CITY ORDINANCE
No. 73 of 1981
(Disposition of City Property)
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 33 OF THE
REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AS AMENDED,
AND REPEALING SECTION 33-2-9 AND 33-2-10 OF SAID ORDINANCES
RELATING TO THE DISPOSITION OF CITY PROPERTY.
Be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1. That Chapter 1 of Title 33 of the Revised
Ordinances of Salt Lake City, Utah, 1965, is hereby amended
to read as follows:
CHAPTER 1
SURPLUS CITY PROPERTY
Sec. 33-1-1. Purpose. It shall be the purpose of this
Chapter to establish general policies to be followed by the
executive branch of the city exercising its powers of
property management and disposition.
Sec. 33--1-2. Inventory Control.
(1) The Purchasing Agent shall be responsible for the
inventory and general supervision of disposition of all real
and personal property of the City.
(2) No inventoried property of the City, real or
personal, shall be sold or otherwise disposed of without
first securing the recommendation of the purchasing agent or
a designated representative.
(3) The purchasing agent, in determining whether any
property shall be designated surplus, shall make written
findings utilizing the following criteria, where applicable:
(a) The City has no practical or appropriate use
for the property, and it will not have a practical or
appropriate use in the near future.
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(b) The present use of the property can be
accomplished by use of a better, less costly, or more
efficient alternative.
(c) The present use of the property no longer
exists because of a change of policy evidenced by an
ordinance or resolution of the Salt Lake City Council.
(d) The property is damaged, worn out, or
otherwise inoperable and the cost of repairing the same
is not an effective use of City funds.
Sec. 33--1-3. Reporting Surplus Property. Department
heads shall periodically identify potential surplus property
within the possession of their departments and report them to
the purchasing agent for consideration. The purchasing agent
shall also periodically review inventory levels to determine
whether excess properties are on hand.
Sec. 33-1-,4. Methods of Disposition. Real or personal
property determined to be surplus under the criteria set
forth in Section 2(3) of this Chapter may be disposed of by
one or more of the following means:
(1) Interdepartmental Transfer. The purchasing agent
shall maintain a system for determining whether
interdepartmental transfers of property should be made and
the means by which transfers are to be effected.
(2) Trade In. The purchasing agent may authorize
surplus property to be traded for other property or equipment
being purchased.
(3) Sale, Lease or Irrevocable Transfer. The
purchasing agent shall adopt specific written guidelines
establishing requirements for notice, bidding or other
conditions of sale, lease or other transfer of property. The
sale, lease or transfer of real property by the City shall be
preceded by Planning Commission review under the provisions
of Section 10-9--21, Utah Code Annotated, 1953; however, such
review shall not be required for property transfers which are
by their nature revocable by the City.
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(4) Revocable Transfers. Permits, licenses,
easements, franchises and other transfers of real property
which are, by the terms of conveyance, revocable by the City,
shall be permitted under the provisions of this Chapter.
(5) Salvage, Discard or Destruction. Inventoried City
property shall be salvaged, discarded or destroyed only upon
authorization of the City purchasing agent or a designated
representative.
Sec. 33-1-5. Conveyance for value.
(1) Every transfer of inventoried City property shall
be conducted by the purchasing agent, or under his express
written authority. All conveyances or encumbrances of
inventoried City property shall be based upon the highest and
best economic return to the City, except that consideration
for property conveyed may be based on other public policy
factors when conveyed to units of government or other public
or quasi-public organizations.
(2) The highest and best economic return to the City,
as referred to herein, shall be estimated by one or more of
the following methods:
(a) competitive bid;
(b) evaluation by qualified and disinterested
appraiser;
(c) other professional publications and valuation
services; or
(d) an informal market survey by the purchasing
agent in the case of items of personal property
possessing readily-discernable market value.
(3) Sales of City property shall be based, whenever
possible, on competitive bid. The purchasing agent may,
however, waive the competitive bidding requirement when the
value of the property has been estimated by an alternate
method specified under subsection (2) of this section, and:
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(a) The value of the property is considered
negligible in relation to the costs of sale by bid;
(b) Bidding procedures are deemed unlikely to
produce a competitive offer; or
(c) Circumstances indicate that bidding on the
property will not be in the best interests of the City.
Sec. 33-'1-6. Notice and Hearing. Real property of the
City and any legal interest therein shall not be sold,
traded, leased or otherwise conveyed or encumbered until
notice of the pendency of such a proposal has been delivered
to the office of the Salt Lake City Council and posted in the
office of the City Recorder for a period of not less than
fifteen days. Such notice shall specify the following:
(1) a description of the property to be conveyed or
encumbered;
(2) the nature of the proposed conveyance or
encumbrance;
(3) persons to whom interests are to be conveyed;
(4) any consideration tendered;
(5) the name of the person, department or entity
requesting such action;
(6) the basis upon which the value of the interest has
been determined by the City;
(7) The date, time and location of a hearing to be
held if written call for hearing is made by a member of the
City Council within the time specified in the notice. The
notice shall further state that interested persons may appear
and comment upon the proposal if a call for hearing by a
Council member has been made under the provisons of this
section.
Such notice shall operate in effect as a consent
calendar. If a written call for hearing has been made by the
Council within fifteen days from the date notice is first
posted, the Mayor or his designee shall meet thereafter to
hear and consider comments upon proposals to convey or
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encumber City property specified in the notice. Such hearing
shall take place before, after or in conjunction with a
regularly-scheduled City Council meeting, as determined by
the Mayor.
The conveyance or encumbrance of real property of the
City may be finalized as follows:
(1) By the Mayor at his discretion following notice
and/or public hearing, where required by this section; or
(2) If the transfer is revocable and the Mayor has
determined that an unanticipated combination of facts and
conditions of pressing necessity has emerged which requires
that action be taken prior to notice or hearing.
Such conditions shall not be deemed to arise, unless it
appears that delay from notice or a hearing would produce:
(1) Great or irreparable injury to persons seeking the
conveyance or encumbrance, with negligible impact upon City
interests;
(2) Serious detriment to the social or economic
interest of the community as a whole; or
(3) Substantial economic loss to the City.
Any decision by the Mayor to forego the notice and
hearing provisions of this section shall be made in writing,
stating the specific reasons upon which the decision was
based.
Sec. 33--1-7. Validity of actions. No provision of
this section shall be construed to require or to invalidate
any conveyance or encumbrance by the City nor to vest rights
or action of any kind against Salt Lake City, its officers,
agents or employees.
Sec. 33-1--8. Disposition of Proceeds. All monies
derived from sales of property shall be credited by the
Controller to the general fund of the City or , if the
property was purchased with monies derived from an enterprise
fund, then the general revenue account of that fund.
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SECTION 2. That Section 33--2-9 and 33-2-19 of the
Revised Ordinances of Salt Lake City, Utah, 1965, as amended,
be, and the same are hereby REPEALED.
SECTION 3. This ordinance shall take effect upon its
first publication.
Passed by the City Council of Salt Lake City, Utah,
this 6th day of October , 198I.
CHAIRMAN
ATTEST:
I Y R R ER
Transmitted to Mayor on (1tL„,V)0;A
Mayor's Action:
41:2 MAY :G/�N- -.
ATTEST:
CI Y R C RDER
(S E A L)
BILL 73 of 1981
Published October 26, 1981
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Aphl-35f
Affidavit of Publication
STATE OF UTAH,
ss.
County of Salt Lake
�------- 1 -------- Shana D. Conaty
SALT LAKE CITY ORDINANCE
No.13 of INN
(glwmlli n M Cite PMaerM1
AN ORDINANCE AMENDING CHAPTER 1 OF TITLE 33
OF THE REVISED ORDINANCES OF SALT LAKE CITY,
UTAH 33-7-15,AM ENDS D ANANCES ALING RELATINCTIO THE Being first duly sworn,deposes and says that he is legal
DI AND 3IONO OF SAID ORDINANCES RELATING TO THE
DISPOSITION OF CITY PROPERTY.
SSe ETION11aThatChater1otnm33lofMeReviedO: advertising clerk of the DESERET NEWS, a daily
Seas`f'Saltt Lake'City,UI h.19965,Is of Me
ameended to
Ordi-
nances as follows: (except Sunday) newspaper printed in the English
SURPLUSCPTER 1 PROPERTY language with general circulation in Utah, and
Sec.33-11 Poafese.It'shall be file purpose of this Chapter published in Salt Lake City, Salt Lake County, in the
to eltablIsh 1 policies to be followed th by e executive Y Y
branch of tin general
exorcising its poviero of teee0ty manage. State of Utah.
resent and dispositlm
Sec.33-1-2.Inventory Control.
(1)The Purchasing Agent shell be responsible for the
Inventory and general su Ision of dispion of all reel and
personal_p�r rtyoftheCN. That the legal notice of which a copy is attached hereto
(2) o Inventoried Property of t-iE.CIty,real or personal,
shall be sold or otherwise disposed Of without tad securing
he recommendation of the purchasing agent or a designated
repyesentenve. Pub notice of Ordinance 473 of 1981
(3)The purcheslgn agent,In determining whether any
Inesurtilielnn the foll be llowing criteria,�e applicaall ble:
(a) find
(a)The City has no practical orappropriate use for the-
propertyer,and et will not have a practicalpppprf or appropriate use In
byuse(ofabette��r,,Blseeels cos tiv ormeraoeticfenearternellva'�a"d
beneccue'at a charge of eporky evldoowod by an ordinance or
resolution et the Salt Lake City Cettrardcil.
Inoperable and Tho'the cost of repairing the same is not anr a
effec-
tive use of City funds.
Sec.33-1-3.Reportingidentify potential
Property.Department heads
shall
periodicallyr9i their departments surplus repot Thar within
shallhalsogpbrodically consideration.inventor levels to sdetermiine
whether excess Oroperiles are on hand.
Sec.Y6-14.Methods of Dienesition.Real or personal prop-
erty determined to be surplus under the criteria set form In Oct. 26, 1981
the following
of this Chapter may he disposed of by one or more was published in said newspaper on
of followinrpg means'
Ill Interdepartmental Transfer. The purchasing agent
shall maintain a system for determining whether InhrdePurt-
ntal tranafera o/erto bon aholla ba made end
the means
6vw21 rade in.The are torc oelno g.
rplus
property t0
00tlbe traded torcother agent
or equipmentMarlze ubeing I (,
purchased.
tIalle,Lease or i i Transfer,
• shfpeifcwrengideros establishing
remente or nottic,harp
er Thor conditions of sere, Legal Advertising\\Clerk
lease or other transfer of reel property by the City shell be
preceded by Planning Commission review under the provi-
slons of Section 104-21,Utah Code Annotated,1953;however,
such review shall not he required for property transfers which
are by their nature revocable by the City.
re br review
shall
t be
reeque ireby d fo`Ipyooeriv transfers which'fore me this 4th day of
(A)Revocable Trensfere.Permits,license easements,
franchises and other transfers of real properly which are,by
the
terms the provisions of this Chap the.'.City,shall bailer. A.D. 1981
propertymSalvage,
Destruction. Inventoried shallbe slammed,discarded or destroyed only upon
eumorlmtlon of too City purchasing agent or a designate / 2
representative.
Sec.33-1-5.Conveyance for value. ,
(1)Every transfer of inventoried City properly shell be /
r-
conductd by the purchasing agent,or under his express writ-
ten authority.All conveyances or encumbrances of Inventoried //
City properly shah bo based upon the highest and bast ere- ` q\(,1! ../..1LEl�://LN......................
omit return to Ms City,except that consideration for proper-
tyNotary Public
convevd may be bead on other public policy factors
• vend to units of government or ohm public or quasl9ub
Pc oroanfietlons. yy,
referred to herein,The t is all be estit mated byone to more e lor'Ihe
fallowing methods:
(a)competitive bid; pp
Id othoraprOdesslmlel'p'ublicatlohsend vat etionaservlc
ent
In,the(ccase of items an 'et personal proopearket survey rtyharsessirg^g n edlty
discernable market vallue..arty tea III
possi-
ble,(on comepetitiv'e bid.^The ppurchasi bnagentvmay,howr ,
thy'properly has been estimated by Ian alt^ornate methovalue
spedfld under subsection(2)of this section,end:
relation to the costs off sate y propertyd,' Is em191dex'd negligible In
f lb Rldeld procedures are deem.unlikely to produce
tom
(c)l Circumstanlces Indicate that Medina on the property
Mir not be in the best Interests of tthe City.
a and Sec.
leevvel I6.nterest therein ONO..
shell Real
ab'e sold,traded,lease d
yotherwise conveyed or encumbered until notice of the ps
orncv f such a nre,osel has been deliverd to the office of the
v Salt Lake City Council and posted fit the office et the City
Recorder for a period Sf not lase than fifteen days.Such notice
shall specify the following:
a (I)a description of the property to be conveyed or oncurn-
a bored,
f (2) the nature Of the proposed conveyance or en m
brance; (3)persons to whom Interests are to be conveyed;
hi)any cortslderaffon tendered;
(5)the name of the person,department or entity request-
_Ina such action;
(6)the basin upon which me value of the Interest'has been
determined) bdate,te ime end location of a hearing to be held if
written call for bearing Is made bye member of the City
A Council within the time specified In the notce.Tie notice shall
further state that Interested persona men apsear and
com-
men hesibeen medn uretera thee1provislmsrof M sY-ecll`oll.bane ncil
Such notice shall operate In affect ea a consent calendar.
It a written cell for hearing has been made by the Council
within fifteen days from the date notice is first posted,the