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Notice of Proposed Ordinance Surplus Property

NOTICE OF PROPOSED ORDINANCE

YOU ARE HEREBY NOTIFIED that the City of Paynesville is considering the following proposed Ordinance at 6:00 p.m. on April 13, 2020 at their Regular City Council meeting:

ORDINANCE NO. 11, 3RD SERIES

            AN ORDINANCE OF THE CITY OF PAYNESVILLE, MINNESOTA, AMENDING CITY CODE CHAPTER 2 ENTITLED “ADMINISTRATION” AND ARTICLE VII THEREOF ENTITLED “CITY PROPERTY”, BY MODIFYING SECTION 2-375 ENTITLED “DISPOSAL OF EXCESS PROPERTY”; AND BY ADOPTING BY REFERENCE CITY CODE CHAPTER 1, SECTION 1-11, ENTITLED “VIOLATION A MISDEMEANOR OR PETTY MISDEMEANOR” WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS.

            THE CITY COUNCIL OF PAYNESVILLE, MINNESOTA ORDAINS:

            Section 1.  City Code, Chapter 2, entitled “Administration”, and Article VII thereof entitled “City Property”, by modifying Section 2-375 entitled “Disposal of Excess Property” is hereby amended to read as follows:

                        (a)  Declaration of Surplus & Authorization for Sale.  The City Administrator, or any department head, may, from time to time, recommend to the Council that certain personal property owned by the City is no longer needed for a municipal purpose, and should be sold.  By action of the Council, the property may be declared surplus, the value of the property estimated, and the City Administrator authorized to dispose of the property in such manner as the Council may approve.

                        (b)  Surplus Property with a Value in Excess of $175,000.  The Council shall direct the City Administrator to sell personal property with a value estimated to be in excess of $175,000 to the highest bidder.  In such circumstances, notice of the public sale shall be given stating the time and place of sale, and generally describing the property to be sold at least 10 days prior to the sale by publication in the official newspaper of the City of Paynesville, and such other locations as the Council may designated.  The advertisement shall be posted in a conspicuous place in the City Hall, and the publication and notice shall direct that sealed bids be submitted, and a deadline for submission.  The advertisement for bids may set a reserve or reserve the right to reject all bids.  Such sale shall be made to the person submitting the highest accepted bid.

                        (c)  Surplus Property with a Total Estimated Value of Between $25,000 and  $175,000.  Surplus property with a total estimated value between $25,000 and $175,000 may be sold at the Council’s direction either by (i) direct negotiation with potential buyers; or (ii) by sealed bids as provided in (b) above.   In the event of a direct sale, the City shall obtain two (2) quotes whenever possible, and retain copies of those offers for one (1) year.  In either event, notice that equipment will be sold and the process designated for sale shall be given by publication stating the time that the sales process will start, the manner of the sale, and generally describing the property to be sold and such notice shall be given at least 10 days prior to the commencement of the sale.  Such notice shall be published in the official newspaper of the City, and posted in a conspicuous place in the City Hall.  The City may set a reserve, or reserve the right to reject all bids.

                        (d)  Surplus Property With a Total Estimated Value of $25,000 or Less.  Surplus property with a total estimated value of $25,000 or less may be sold at the Council’s direction, either by (i) direct negotiation with potential buyers; or (ii) by sealed bids as provided in (b) above.  In the event of a direct sale, the City shall obtain two (2) quotes whenever possible, and retain copies of those offers for one (1) year.  In either event, notice that equipment will be sold and the process designated for sale shall be given by publication stating the time that the sales process will start, the manner of the sale, and generally describing the property to be sold and such notice shall be given at least 10 days prior to the commencement of the sale.  Such notice shall be published in the official newspaper of the City, and posted in a conspicuous place in the City Hall.  The City may set a reserve, or reserve the right to reject all bids.

                        (e)  Sale of Surplus Property to Other Government Agencies.  The City may, without any competitive bidding process, sell surplus property to any national, state, or any political subdivision of the state.

                        (f)  Receipts for Sales of Surplus Property.  All receipts for sales of surplus property under this Section shall be placed in the fund designated by the Council.

            Section 2.  City Code, Chapter 1, entitled “General Provisions” and Section 11-1 entitled “Violation a Misdemeanor Petty Misdemeanor”, are hereby adopted in their entirety by reference, as though repeated verbatim herein.

            Section 3This Ordinance shall take effect and be in force upon its passage, adoption and publication. 

A copy of said Ordinance is available for review by any person during regular City Hall office hours (8:30 a.m. to 4:30 p.m. Monday – Friday). 

Posted this 24th day of March, 2020
Ron Mergen, Acting City Administrator