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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2007-021' Temp. Ord. #2152 October 23, 2007 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 2007-2�/ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 6 OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED "FINANCE AND TAXATION", BY SPECIFICALLY AMENDING ARTICLE V, ENTITLED "PURCHASING PROCEDURES", SECTION 6-153, ENTITLED "SURPLUS STOCK"; PROVIDING GREATER FLEXIBILITY FOR THE DISPOSAL OF SURPLUS STOCK BY AUTHORIZING ALTERNATIVE METHODS OF ADVERTISING SALES OF SURPLUS CITY INVENTORY; AUTHORIZING THE CITY MANAGER TO DISPOSE OF SURPLUS CITY INVENTORY WITH A SALVAGE VALUE OF LESS THAN $1,000.00 WITHOUT A RESOLUTION OF ' THE CITY COMMISSION; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has an ongoing need to dispose of surplus stock, including inventory that is obsolete, worn out, excess, scrapped, or not cost effective to repair; and WHEREAS, the only method for providing notice of property auction is through newspaper advertisement for a period of two (2) weeks; and WHEREAS, in some cases newspaper advertisement is not the most efficient and effective means to advertise the disposal of surplus property; and CODING: Words in strike thFeugh type are deletions from the existing law; Words in underscore type are additions I Page 1 of 5 Temp. Ord. #2152 October 23, 2007 ' Page 2 WHEREAS, it would be more advantageous, economical, and efficient to utilize online advertising as an additional or alternative method of notice, with a notice period determined by the City Manager or his or her designee; and WHEREAS, the City Manager currently may not dispose of any surplus stock without a resolution from the City Commission; and WHEREAS, there is a large volume of small -value surplus stock that utilizes a significant amount of space in the City's storage facilities; and WHEREAS, due to the costs associated with storage and staff time to process resolutions for approval, it would be more economical for the City Manager to dispose of such surplus stock valued at $1000.00 or less without a resolution of the City I Commission; and WHEREAS, the Purchasing and Contracts Manager recommends amending Chapter 6, Article V, Section 6-153, to provide greater flexibility in the disposal of surplus property; and WHEREAS, the City Commission deems these amendments to be in the City's best interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and CODING: Words in strikes„ e through type are deletions from the existing law; Words in underscore type are additions ' Page 2 of 5 ' Temp. Ord. #2152 October 23, 2007 Page 3 confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Commission of the City of Tamarac hereby amends Chapter 6, Article V, Section 6-153, as follows: Sec. 6-153. Surplus stock. Whenever in the opinion of the City Manager or designee there exists on the official municipal inventory property that is obsolete, worn out, excess, scrapped, or not cost effective to repair, the following shall occur: (1) Using agencies shall submit to the city manager or designee at such time and on such forms that may be prescribed, reports showing stock of all supplies which are no longer used or which have become obsolete, worn out, excess, scrapped or that are not cost effective to repair. The using agency may suggest a dollar value per item or per lot of items; however, such suggestion shall not constitute the minimum sale amount. The purchasing officer shall have the authority to transfer surplus stock to other using agencies. (2) When the city manager or designee determines that the amount of surplus or obsolete equipment or materials reaches a level sufficient to warrant disposal, as determined from the using agency reports, shall report this condition to the city commission. The City Commission, by resolution, may direct the city manager to dispose of the surplus supplies by the method or methods deemed to be most advantageous, convenient and economical to the city. The city manager may dispose of surplus stock by utilizing competitive sealed bids, public auction, established markets including internet auctions, sales at posted prices, donation, or trade-in as may be prescribed for the individual situation. The city manager or designee shall have the authority to dispose without the requirement of a resolution of the City Commission such surplus with a salvage value of less than $1,000 by a method consistent with the requirements of this section. The disposal of surplus CODING: Words in strike through type are deletions from the existing law; I Words in underscore type are additions Page 3 of 5 Temp. Ord. #2152 October 23, 2007 ' Page 4 property with a salvage value of $1,000 or greater, and all vehicles and vehicular equipment shall be disposed of as directed by T—the city commission;. In the event that either the competitive sealed bid or public auction methods for disposal are used, notice of a proposed sale of property shall either be by advertised advertisement in a newspaper of general circulation within the city , or by electronic notice published on the Internet at least one week prior to the scheduled sealed bid or auction. The property shall be available to prospective buyers at a designated time On for inspection in advance of the bid opening or auction. (3) The proceeds from any sale shall be used as directed by the city commission for a city purpose. This subsection is supplemental to the procedure outlined in section 2-316. SECTION 3: It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of I Ordinances of the City of Tamarac, Florida. SECTION 4: All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this ordinance are to be severable. SECTION 6: This Ordinance shall become effective immediately upon adoption. CODING: Words in strike through type are deletions from the existing law; Words in underscore type are additions ' Page 4 of 5 ' Temp. Ord. #2152 October 23, 2007 Page 5 PASSED, FIRST READING this 14111�11DAY OF , 2007. PASSED, SECOND READING this - DAY OF , 2007. 1­6 1 BY: /02 MAYOR BETH TALABISCO ATTEST: MMAARION SWE SON, CIVIC CITY CLERK I HEREBY CERTIFY that ' I have approved this ORDINANCE as to form: "'J/ SAM L S. GORE CITY ATTORNEY RECORD OF COMMISSION VOTE: 1ST Reading MAYOR TALABISCO DIST 3: V/M SULTANOF DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2No Reading MAYOR TALABISCO DIST 3: V/M SULTANOF DIST 1: COMM. FORTNER DIST 2: COMM. ATKINS-GRAD DIST 4: COMM. DRESSLER a CODING: Words in StFil(e thFeugh type are deletions from the existing law; I Words in underscore type are additions Page 5 of 5