ORDINANCE NO. 166, 2ND SERIES
AN ORDINANCE OF THE CITY OF WINDOM, MINNESOTA, AMENDING CITY CODE TITLE IX: GENERAL REGULATIONS, CHAPTER 96: ABANDONED, UNCLAIMED, EXCESS PROPERTY
THE CITY COUNCIL OF THE CITY OF WINDOM, MINNESOTA, DOES ORDAIN: TO REVISE CHAPTER 96: ABANDONED, UNCLAIMED, EXCESS PROPERTY, SECTIONS 96.70 – 96.73, BY REMOVING THE EXISTING SECTIONS AND REPLACING THEM WITH THE FOLLOWING:
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DONATION. To contribute, donate or give Surplus Property/Equipment at no cost to a Governmental Agency or Nonprofit Organization that serves a public purpose and benefits its community as a whole.
ELIGIBLE ORGANIZATION. A Governmental Agency or Nonprofit Organization serving one or more of the following functions: cultural, historical, educational, safety, social services, environmental or economic.
EXCESS/SURPLUS PROPERTY/EQUIPMENT. Property/equipment used by the City’s departments, and cellular phones and emergency medical and firefighting property/equipment that is no longer needed by the City because it does not meet industry standards for emergency medical services, police, fire or other departments or has minimal or no resale value.
FAIR MARKET VALUE. The price at which property/equipment would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell, and both having reasonable knowledge of all relevant facts.
NONPROFIT ORGANIZATION. An organization formed under Section 501(c)(3) of the Internal Revenue Code.
- 96.71 DECLARATION OF SURPLUS; AUTHORIZING SALE OR DONATION OF PROPERTY/EQUIPMENT.
The City Administrator may, from time to time, recommend to the Council that certain personal property/equipment (chattels) owned by the city is no longer needed for a municipal purpose and should be sold or donated to an eligible organization. By action of the Council, the property/equipment shall be declared surplus, the fair market value estimated, and the City Administrator authorized to dispose of the property/equipment by donation to an eligible organization, as set forth in the City Policy adopted by the City Council, or by sale in the manner stated herein.
- 96.72 SURPLUS PROPERTY/EQUIPMENT WITH A TOTAL ESTIMATED VALUE OF LESS THAN $1,000.
The City Administrator may sell surplus property/equipment with a total value of less than $1,000 through negotiated sale.
- 96.73 SURPLUS PROPERTY/EQUIPMENT WITH A TOTAL ESTIMATED VALUE OVER $1,000.
The City Administrator shall offer for public sale, to the highest bidder, surplus property/equipment with a total estimated value over $1,000. Notice of the public sale shall be given stating time and place of sale and generally describing property/equipment to be sold at least ten days prior to the date of sale by publication once in the official newspaper. The sale shall be to the person submitting the highest bid.
- 96.74 RECEIPTS FROM SALES OF SURPLUS PROPERTY/EQUIPMENT.
All receipts from sales of surplus property/equipment under this chapter shall be placed in the General Fund.
EFFECTIVE DATE OF ORDINANCE. This ordinance becomes effective from and after its passage and publication.
Adopted and passed by the City Council of the City of Windom, Minnesota, this 5th day of September, 2017.
Dominic Jones, Mayor
ATTEST: Steve Nasby, City Administrator
1st Reading: August 15, 2017
2nd Reading: September 5, 2017
Adoption: September 5, 2017
Published: September 13, 2017