CC Ordinance No. 1893 ORDINANCE NO. 1893
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CUPERTINO
AMENDING CHAPTER 3.25, SALE OF SURPLUS SUPPLIES AND
EQUIPMENT
WHEREAS, the City Council wishes to provide for efficient disposal of surplus
supplies and equipment;
NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:
Chapter 3.25 of the Municipal Code of Cupertino is hereby amended as follows:
Chapter 3.25
SALE OF SURPLUS SUPPLIES AND EQUIPMENT
Sections:
3.25.010
3.25.020
3.25.030
3.25.040
3.25.050
3.25.060
3.25.070
3.25.080
3.25.090
Adoption of sales system
Surplus Sales Officer
Centralized sales
Notice of surplus status
Surplus by auction only
Bidding and payment
Open market sales
Sales to other public agencies
Sales to officials, officers and
employees of the City
3.25.010 Adoption of sales system.
In order to establish efficient procedures for the sale of surplus supplies and
equipment at the highest possible return, to exercise positive financial control over such
sales, and to define clearly the authority for the administration of these functions, a
surplus sales system is adopted. (Ord. 808 (part), 1977)
3.25.020 Surplus Sales Officer.
The City Manager or appointee shall be and is appointed to perform the functions of
the Surplus Sales Officer for the City and shall have the responsibility and authority to:
A. Sell surplus supplies and equipment as may be required by any department or other
agency of the City in accordance with procedures prescribed either by this chapter, or by
such administrative rules and regulations as the Surplus Sales Officer may adopt pursuant
Ordinance No. 1893 ]
thereto;
B. Prepare and adopt administrative rules and regulations not in conflict with the
provisions of this chapter for the purpose of carrying out the requirements and intent of
this surplus sales system. (Ord. 1061, 1980: Ord. 808 (part), 1977)
3.25.030 Centralized sales
A. To the extent that efficiency and fairness may best be achieved in the sales of
surplus supplies and equipment of the City, the acceptance of ail bids and the
sales of ail department or agency surplus supplies and equipment shail be
centralized under the Surplus Sales Officer.
B. When the provisions and intent of this chapter may best be served by so
doing, the Surplus Sales Officer may authorize, in writing, any department or
agency of the City to investigate, solicit bids, or to negotiate the saie of surplus
supplies and equipment of the department or agency, independently of the
centralized saies system, provided that such actions shail be done in conformity
with the procedures prescribed either by this chapter, or by duly adopted
administrative roles and regulations pertaining thereto. (Ord. 808 (part), 1977)
3.25.040 Notice of surplus status
All departments and agencies of the City shall notify the Surplus Saies Officer
whenever it is determined that such department or agencies have surplus supplies
or equipment which should be sold. Said notification shall be a prerequisite to the
sale of any surplus supplies and equipment. (Ord. 808 (part), 1977)
3.25.050 Surplus by auction only
A. Sales of surplus supplies and equipment which, in the opinion of the Surplus Saies
Officer, have an estimated individual value of ~ae44~0ad-fl~d~ two thousand,
five hundred dollars ($2,500) or more, shail be made only by means of public
auctions held under the authority and scrutiny of the Surplus Saies Officer.
B. All such auction sales shall be with reserve, and the Surplus Saies Officer can
withdraw the surplus items at any time prior to the completion of the sale. (Ord. 808
(part), 1977)
3.25.060 Bidding and payment
All sales of surplus supplies and equipment made by public auction, as set forth in
Section 3.25.050, shail be to the highest bidder pursuant to the procedure
hereinafter described:
A. Notices inviting bids shall be prepared, published once in a newspaper of
generai circulation published and circulated within the City, and distributed to
persons who have requested to be notified of such bidding opportunities. The
notices shall contain a description of the items to be auctioned, shall state where
and when the items may be viewed prior to the auction, and shail state the time
and place of the auction.
B. All sales must be completed on the day of the auction, and payment may be
made only by cash, certified check, cashier's check or money order.
C. On refusal or failure of the successful bidder to complete the sale as
Ordinance No. 1893
prescribed above, the sale may be made to the next highest bidder. (Ord. 808
(part), 1977)
3.25.070 Open market sales
Surplus supplies and equipment may be sold on the open market by the Surplus Sales
Officer without regard to formal bidding procedures set forth in Section 3.25.060 when,
in his opinion, the individual estimated value of the supplies or equipment is less than zne
thcugm:d dv!!"~g two thousand, five hundred dollars ($2,500); provided, however, that,
whenever practicable, price offers shall be solicited either orally or in writing and the sale
made to the highest responsible bidder. (Ord. 808 (part), 1977)
3.25.080 Sales to other public agencies.
There is excepted from the provisions of this chapter sales of surplus supplies and
equipment to any other public agency created under the laws of the state or the
United States government. (Ord. 808 (part), 1977)
3.25.090 Sales to officials, officers and employees of the City
Officials, officers, and employees (except for the surplus sales officers), when not
otherwise prohibited by law, may purchase surplus supplies and equipment offered for
provisions of this chapter u ........... :~ ..... ~ .......... ,-, ~-~ -~
sale under the . ,.~,,~.v., ~.,,. v ........... J .... J
otherwise authorized by the City Council, said purchases may only be made at public
auction or public sale. The surplus Sales Officer shall develop written procedures to
ensure that all sales to City employees are bona fide "arm's length' transactions. (Ord.
808 (part), 1977)
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Ordinance No. 1893
This ordinance shall take effect and be in force thirty (30) days after its passage.
INTRODUCED at a regular meeting of the City Council of the City of Cupertino the
18th day of March 2002, and ENACTED at a regular meeting of the City Council of the
City of Cupertino the 1st day of April 2002, by the following vote:
Vote
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
Lowenthal, Chang, James, Kwok, Sandoval
None
None
None
ATTEST:
City Clerk
APPROVED:
Mayor, City of Cupertino
STATE OF CALIFORNIA )
COUNTY OF SANTA CLARA )
CITY OF CUPERTINO )
I, KIMBERLY SMITH, City Clerk and ex-officio Clerk of the City
Council of the City of Cupertino, California, do hereby certify the attached
to be a tree and correct copy of Ordinance No. 1893, which was enacted on
April 1, 2002 and that it has been published or posted pursuant to law (G.C.
40806).
IN WITNESSWHEREOF, I have hereunto set my handand seal this
__~[rd day of ~[~ ,
2002.
KIMBE~Y SM~, C~ty Clerk and Ex-officio Clerk
of the City Council of the City of Cupertino, California
ordinance certificate