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HomeMy WebLinkAboutRes 09-31 Approving Town Surplus Property Disposal PolicyTOWN OF WESTLAKE RESOLUTION NO. 09-31 APPROVING THE DISPOSAL POLICY OF SURPLUS, OBSOLETE, AND NON - REPAIRABLE FIXED ASSETS. WHEREAS, the Town of Westlake recognizes that surplus, obsolete, and non - repairable assets are a result of any ongoing operation; and, WHEREAS, the Town of Westlake understands the deed to liquidate such property in a proper manner and in accordance with applicable federal, state, and local laws; and, WHEREAS, the Town of Westlake realizes that a financial benefit may result from the liquidation of such property; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE: SECTION 1. That the Town of Westlake Town Council does hereby approve the proposed policy, attached as Exhibit "A", governing the disposal of the Town's surplus, obsolete, and non -repairable assets. SECTION 2. That this Resolution shall become effective upon the date of its passage. PASSED AND APPROVED ON THIS 13 DAY OF JULY 2009. /xi4- 4�6 ATTEST: Laura Wheat, Mayor i Lsu" r,TRMCTown Secretary T `m S an APPROVED AS TO FORM: L. St to Lo Town Attorney Exhibit "A" Town of Westlake DISPOSAL POLICY OF SURPLUS, OBSOLETE, AND NON -REPAIRABLE FIXED ASSETS 1. Purpose. The purpose of this policy is to describe the guidelines for the disposal of surplus, obsolete, and non -repairable Town of Westlake properties and fixed assets. 2. Effective. Immediately on the date of its passage by the Town Council. 3. Applicability. This policy applies to all employees. 4. Disposal of Town of Westlake Property. The Town Manager or designee, by established policies and procedures, is authorized to sell worn-out, scrap, obsolete or unused personal property ("Surplus Property") other than items routinely discarded as waste. Disposal may take the form of an on-site auction, Internet auction, recycling, or trash disposal. 5. General Information. The Town of Westlake may schedule items for auction that are considered economically unusable. These include fixed assets such as surplus, obsolete, or non -repairable properties. A Surplus Property Transfer Form signed by the Department Head and Town Manager or designee is used to facilitate the transfer of these items for disposition. Every effort should be made to determine if a need for the surplus property exists anywhere else in the Town of Westlake before a sale or disposal occurs. The Town Manager or designee will maintain a list of surplus property scheduled for disposal. Other departments may requisition any properties on the surplus list by sending a completed requisition form to the Town Manager or designee. Property cannot be sold by the Town, given to or taken by any employee for personal use, or disposed of in any manner other than described in this policy. All rights and titles to Town of Westlake property, whether real or personal, shall be vested in the Town Council and its successors in office. The Town Council may, in an appropriate manner, dispose of property that is no longer necessary for Town of Westlake operations. The Town Manager or designee is authorized to declare Town of Westlake materials, equipment, and supplies to be unnecessary and shall dispose of unnecessary materials, equipment, and supplies for fair market value. If the unnecessary property has no value, the Town Manager or designee may dispose of such property according to administrative discretion. Monies collected from the sale of obsolete materials, equipment, and supplies shall be remitted to the Finance Department and deposited into the General Fund. 6. Town Property Disposal Procedures: Any property that is movable or not attached to the land (referred to as personal property) such as furniture, fixtures, vehicles, equipment, tools, instruments, clothing, or other such items of value, which has lost its useful value to the Town or has become obsolete. Personal property does not include real estate such as land, including the building or improvements on it, or its natural assets, such as minerals and water. Once items have reached their "end -of -useful -life" (as determined by the Town Manager or designee), the items will be classified as disposed property as outlined below: a. Whenever an item of equipment is deemed to be obsolete or unfit for use, such equipment may be disposed of on a competitive basis, either by trade-in or outright sale to the highest prospective buyer. b. Items that cannot be sold in their original form, or lose their identity while in the possession of the Town of Westlake, may be sold as scrap, if deemed advisable, at the highest obtainable offer. c. The determination of the highest prospective buyer shall be made with the approval of the Town Manager or designee, or an authorized representative. The Town Manager or designee coordinates a public sale of disposed property as needed to sell any items that are no longer needed by the Town. Employees of the Town of Westlake will be permitted to purchase items at the sale on the same basis as all other buyers. a. Fixed Asset or Inventory items must be removed from the Town of Westlake's inventory prior to disposal. b. Items should never be discarded at the department level. Instead, items should be transferred to Surplus Property storage where they will then be sold in a Disposal Sale or discarded per instructions from the Town Manager or designee. c. Since there are many contributors to a Disposal Sale, proceeds are pooled and are not returned to any particular department's budget. Town property shall, at the option of the Town Manager or designee, be disposed of by one of the following methods: A. On-site Auctions. The Town Manager or designee advertises the auction in a local newspaper two weekends prior to the date of the auction. The advertisement shall indicate the time, date and location of the auction. The advertisement guidelines are as follows: i. The advertisement must state that the Town of Westlake reserves the right to cancel or void any sale that has not been conducted in accordance with the terms of the auctioneer's contract; ii. All sales shall be "as/where is"; iii. Payment must be made at the time of sale, and all sales are final; iv. All sales will be for cash, money order, cashier's check, or check with Bank Letter of Guarantee; and v. Town of Westlake shall not be responsible for any loss or damage to any article(s) sold at auction after the sale has been consummated. The advertisement guidelines are as follows: All items proposed for auction will be stored in a central location the day of the auction. Federally funded items are to be segregated on the auction floor. The sending department and the Finance Department will prepare the documents required by federal and state guidelines. The Town Manager or designee shall retain the right to remove any items from sale at the auction if the item does not yield at least 80 percent of the predetermined sales price or if the final sale is not in the best interest of the Town of Westlake. An internal auditor must be present to serve as an independent observer to ensure compliance with auction procedures and must remain until all proceeds have been collected. The internal auditor will issue a written formal audit report to the Finance Director. Auction guidelines are as follows: i. Auctioneer. The auctioneer is selected by an open bid process conducted by the Town Manager or designee. The Town Manager or designee works with the auctioneer prior to the auction to verify that all items have been documented and have correct pallet and lot numbers on the auctioneer's coupon sales ledger. The Town Manager or designee provides the auctioneer with a copy of the auction lists, including a list of prices to establish a minimum bid price. ii. Vehicle Auction. All vehicles being sold at auction must have Town of Westlake emblems, license plates, and peripheral equipment (radios, sirens, etc.) are removed by the using department prior to the auction. The emblems are destroyed by the using department. The license plates are sent to the Town Manager or designee. After the sale, the Town Manager or designee releases the title to the new owner. iii. Collection and Distribution of Funds. All expenses incurred for the auction will be paid out of the receipts of the auction. The Town Manager or designee shall collect a desegregation form and applicable Tax Exempt Certificates from all buyers and collect and distribute all funds obtained from the auction. A minimum of two people from Town of Westlake will be required to process all payments. Monies from the auction will be collected, in full, on the day of the auction, and submitted to the finance department. iv. Time Limit to Remove Auctioned Items. A maximum time limit of five days or less will be set by the Town Manager or designee, for the removal of all items after the auction. If items are not removed by this time, the items may be disposed of or re - auctioned. In such cases, no refund will be made to the buyer. v. Removal of Auctioned items. The new owner assumes all risks associated with moving or loading the property from the auction location. The Town Manager or designee, if necessary, will assist in loading the auctioned items, but assumes no liability for damage. B. Electronic Auction. An auction Web page will be secured by Town Manager or designee to facilitate an online auction and the items for sale will be listed. A starting bid price and a reserve price, if applicable, will be assigned to each item on the lists created through a coordinated effort by the Town Manager or designee, and the sending department. Any items not sold on the online auction may be listed at the on-site auction. Procedures for the on-site auction will apply to the electronic auction. C. Donation, sale, or lease to Public Entities. Property may be donated, sold, or leased to certain government or educational institutions. Prior to transfer, the Town Council must declare no value or nominal value and that the Town of Westlake does not need the real property or improvements. The entity to whom the transfer is made has shown, to the satisfaction of the Town Council, that the entity intends to continue to use the real property and improvements for public purposes. The Mayor shall execute a deed transferring ownership of the real property and improvements to the municipality, county, state agency, or nonprofit organization. The deed must: Recite the resolution of the Town Council authorizing the donation, and ii. Provide that ownership of the real property and improvements revert to the Town Westlake if the municipality, county, state agency, or nonprofit organization discontinues use of the real property and improvements for public purposes; or iii. Executes a document that purports to convey the property. D. Other Means of Disposal. Property may be directly disposed of under the following circumstances: i. If the item is broken, unusable, and/or hazardous. Documentation and pictures must be provided for an item to be disposed of. ii. Offer the property as a trade-in for new property of the same general type if the Town Manager or designee considers that action to be in the best interest of the Town. iii. Order any of the property to be destroyed or otherwise disposed of as worthless, if the Town undertakes to sell that property and is unable to do so because no bids are received. iv. Competitive sealed bids following the guidelines of Chapter 252 of the Texas Local Government Code for competitive bidding.