[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No.
2012-41. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Shall not include 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. Surplus Town property shall not include property which is
obtained by the Town as a result of abandonment or loss by the property's
original owner. Surplus Town property shall not include items of property
which are traded in for newer items. Surplus Town property shall not
include library materials used by the public library for lending purposes.
That property which is owned by the Town of Pacific and which
has no further usefulness to the Town. An item of property shall be
considered to have no further usefulness when:
The item or its function has been totally replaced by other
Town property and no probable future function exists for it;
The Town no longer performs the service for which the item was
purchased, and no other service can reasonably be provided by the
item; or
The item is no longer able to reliably or economically perform
the work required of it.
A.
Whenever an item of Town property is determined to be surplus Town
property on the basis that the Town no longer performs the service
for which the item was purchased, the Town Board shall determine whether
or not the item is surplus Town property.
B.
Whenever the fair market value of the item is more than $500, the
Town Board shall determine whether or not the item is surplus Town
property.
A.
Whenever the Town Board determines that an item of property is surplus
Town 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 Town Board has determined, pursuant to § 89-2, that the item is surplus Town property, the Clerk shall dispose of the property by:
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 Town Board.
The department head responsible for the item shall determine the time
in which the successful bidder must remove the item. In the event
no bids are received, the item shall be disposed of as directed by
the Town Board.
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 Town newspaper.
Whenever this chapter requires a determination of the fair market
value of an item of property, that determination shall be made by
the Clerk, whose decision shall be final.
A.
Only the Town Board may dispose of Town property which is not surplus
Town property.
B.
Whenever this chapter provides for an auction or other disposition
of any property, the Town Board 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 Town labor and the use of Town
property, do not exceed the payment received by the Town from the
auction or sale of the property.