Res 93-156
RESOLUTION NO.
93-156
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FEDERAL WAY, WASHINGTON, RELATING TO
PROCEDURES FOR THE DISPOSAL OF SURPLUS
PROPERTY.
WHEREAS, the City Council of the City of Federal Way,
Washington, has identified a need to develop a consistent policy
for the disposal of surplus property; and
WHEREAS, decisions regarding the disposition of property
should take into account all potential public uses of City-owned
property so as to best serve city policies and interests; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
section 1.
citv Propertv Defined.
All equipment,
furniture, materials or property of any kind which was procured
with city funds or which was donated, contributed and/or bequeathed
to the city and accepted by it, shall be considered city property.
section 2.
Propertv Manaaement Function Created.
There
shall
be
created
a
function
of
"Property Management"
to
be
performed by the City Manager or his or her designee.
The City
Manager or designee shall oversee and coordinate all appropriate
non-real property of the city to be declared surplus, in keeping
with this policy.
Section 3.
Internal Department Notification.
Whenever
a department determines that any property has become excess to its
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, Page 1
COpy
current needs the department shall notify other departments of the
availability of surplus property for their use.
Section 4.
Value to be Determined.
If no department has
need
for property,
other than real
property,
which has
been
declared surplus,
city Manager or Property Management designee
shall establish the estimated fair market value of the property by
consulting with vendors in the area who deal in similar items.
If no department has a use for any real property managed
by a department and sought to be declared surplus, that Department
Director shall determine the fair market value by use of
an
appraisal.
section 5.
citv Council Apcroval.
city council approval
is required for the sale of any item of City property where the
estimated fair market value is over Five Thousand Dollars and
NO/lOa ($5,000.00).
The procedure described in section 6 shall be
followed.
section 6.
Public Notice and Hearina.
Concurrent with
consideration of its approval of disposing of surplus property with
an estimated value of more than Five Thousand Dollars, the City
council shall hold a public hearing
in the county where the
property or the greatest portion thereof is located.
At least ten
days but not more than twenty-five days prior to such hearing, a
public notice of reasonable size in display advertising form shall
be published setting forth the date, time and place of the hearing
at least once in a newspaper of general circulation in the area
where the property is located.
A news release pertaining to the
RES # 93-156
, Page 2
hearing shall be disseminated among printed and electronic media in
the area where the property is located.
If real property is involved,
the public notice and news
release shall identify the property using a description which can
easily be understood by the public and the public notice and news
release shall also describe the proposed use of the lands involved.
If
there
is
a
failure to
substantially comply with the
procedures set forth in this section, then the sale, transfer,
exchange,
lease
or other disposal
shall
be
subject to
being
declared invalid by a court.
Any such suit must be brought within
one year from the date of the disposal agreement.
section 7.
Competitive Sale.
All surplus City property
will be sold by means most advantageous to the city.
Such means
may include but are not limited to, negotiated sales at fair market
value, sealed bids and/or auction.
section 8.
Revenues to be Deposited.
The revenue
received from the sale of surplus city property shall be deposited
with the Management Services Department.
section
9.
Participatina
Emp10vees
Prohibited
from
Purchasina.
No employee of the City or any subdivision thereof who
participated in declaring city property surplus or establishing
fair market value for purposes of
sale,
shall be allowed to
purchase or otherwise acquire the property.
section
10.
certain Properties
Exempted.
No City
property originally acquired for public utility purposes shall be
leased, sold or conveyed unless the requirements of RCW 39.94.040
RES # 93-1 S6
, Page 3
have been met.
All dispositions of City right-of-way property
declared surplus by reason of petition for street vacation shall
meet the requirements of City Ordinance 91-107 and RCW 35.79.03, as
they now exist or may be hereafter amended.
In addition,
the
provisions of this Resolution do not apply to the following:
1.
Unclaimed property disposed of by the City's law
enforcement agency pursuant to Chapter 63.32 RCW,
as it now exists or may hereafter be amended;
2.
Property which has been seized as a result of drug
forfeiture laws pursuant to Chapter 69.50 RCW, as
it now exists or as it may hereafter be amended.
section 11.
Severabilitv.
If any section, sentence,
clause or phrase of this resolution should be held to be invalid or
unconstitutional
by
a
court
of
competent
jurisdiction,
such
inval~dity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase
of this resolution.
section 11.
Effective Date.
This resolution shall be
effective immediately upon passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ~ day of
November
, 1993.
CITY OF FEDERAL WAY
~~.x;f~
MAY R, OBERT STEAD
FOR
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, Page 4
ATTEST:
EY, CMC
~D ~ ro ro~,
CITY ~YN A. rAKE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. 93-156
November 10,1993
November 16,1993
MAR YK\RESISURPLUS. PR 0
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