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RESOLUTION NO. 2008 - 09 A RESOLUTION OF THE CITY OF MOSCOW, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO, ESTABLISHING CITY POLICY TO DECLARE CITY PERSONAL PROPERTY SURPLUS AND TO PROVIDE FOR ITS DISPOSAL THROUGH SALE, TRANSFER, RECYCLING, DISCARDING, OR DESTRUCTION; PROVIDING THIS RESOLUTION TO BE EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, City Council of the City of Moscow, Idaho recognizes that storage, maintenance, transportation, and other costs associated with maintaining personal property may exceed the inventory value or fair market value of such property; and WHEREAS, personal property has a limited economic and/or useful life; and WHEREAS, it is sound fiscal policy and good management practice to require the expeditious disposal of surplus personal property; and WHEREAS, Council is of the opinion that the Policy contained herein will promote the efficient disposal of surplus personal property; will allow conveyance of surplus personal property to other state and local agencies where appropriate; will offer surplus personal property for sale to the public at large in some cases; and will provide for maximum value to be received by the City of Moscow with attendant benefits to its citizens; and WHEREAS, the delegation of responsibility to declare property "surplus" and to designate the manner and conditions of disposal is most efficiently done by delegating such authority to the City Supervisor; and WHEREAS, all disposal of surplus property shall be done in accordance with then-current law and procedure; NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of the City of Moscow as follows: A. defined. "Surplus" includes all City personal property which is reasonably believed to have no further use by the City. "Surplus" does not include trash or refuse or other items which are customarily thrown away, recycled, or otherwise discarded or destroyed. B. Nominal value defined. "Nominal value" is a current value of zero or a current value of less than what it would cost to dispose of a surplus item at an auction or refuse site. C. Declaration of surplus. When an item is determined to be "surplus" by a department head, such department head shall inform the City Supervisor. Information provided should include the name, description, and approximate value of each item. The department head may RESOLUTION& SURPLUS PAGE I 0F3 ---PAGE BREAK--- suggest the manner by which such item may be disposed (including transfer to another City department or public entity, sale, trade, destruction, etc.). The City Supervisor shall make the final determination regarding whether the item IS properly declared "surplus" and the manner of its disposal. D. Disposal of Surplus I. General. City Council hereby delegates to the City Supervisor the authority to make a final declaration of surplus and to determine the manner of disposal for all items which, in the City Supervisor's belief, are in accordance with this Policy. Disposal shall occur according to law in a manner consistent with the laws of the State of Idaho and pursuant to this Policy. a. Sale. The sale of surplus property shall be conducted pursuant to Idaho law in effect at the time of such sale. This may include the sale of surplus property to another public entity; sale of the item at the original purchase price; sale at a public auction; or sale as otherwise permitted by Idaho law. b. Transfer. Surplus property may be transferred to another City department, state or public entity pursuant to Idaho law. Additionally, transfer of surplus property of nominal value may be made without public advertisement or auction to a charitable organization which qualifies under Section 50l(c)(3) and 50l(c)(l9) of the Internal Revenue Service, or to any other person or entity participating in a program with the City when such transfer renders a benefit to the City and its citizens. c. Recycle. Surplus property not sold or transferred may be recycled whenever practicable. d. Discarding and/or Destruction. Any item declared to be surplus, Including a weapon, which is not sold, transferred, or recycled may be discarded or destroyed. 2. Special considerations. Weapons. a. Definition. A "weapon" for purposes of this Policy includes any instrument used in the propulsion of shot, shell, projectile, or bullets or other harmful objects by the action of gunpowder exploded within it, or by the action of compressed air or accelerant within it, or by the power of springs or other means of propulsion, launch, expulsion or release of a projectile, and including what are commonly known as rifles, shotguns, hand guns, air rifles, pellet guns, BB guns, spud guns, slings or flippers, sling shots, bows and arrows, atlatls and other projectiles. Additionally, nunchuks, sais, throwing stars, tonfas, "brass" knuckles, electroshock weapons (taser, RESOLUTION& SURPLUS PAGE20F3 ---PAGE BREAK--- etc.), daggers, stilettos, gravity knives, and other similar items are considered "weapons" for purposes of this Policy. The City Supervisor may also declare an item a "weapon" if the City Supervisor reasonably believes that it has been used or can be used in a similar manner as another "weapon" defined herein, or such item, in the opinion of the City Supervisor, is likely to be used as a weapon, as that word is commonly understood. In such a case, such a determination by the City Supervisor of what comprises a weapon shall be made only after consultation with the Chief of Police. b. Lawful weapons. A weapon which is lawful to own and/or possess and/or use shall be disposed of by sale, transfer, recycling, discarding, destruction, or as otherwise determined to be in the best interest of the City consistent with Federal and State law, as determined by the City Supervisor. Whether such weapon was used in the commission of a felony crime of a violent nature shall be a consideration in the City Supervisor's decision to order the destruction of such weapon. c. Illegal Weapons. All illegal weapons shall be destroyed and shall not be subject to a sale or transfer (unless such sale or transfer is for the sole purpose of the education or training of peace officers or other law enforcement personnel or students). E. The City Supervisor shall submit no less frequently than once per year, a report to the City Council relating to the disposition of surplus property, except property determined to be of nominal value. F. That this Resolution shall become effective as of the date of its passage. PAS ED AND APPROVED by the Mayor of the City of Moscow, Idaho, this fl_ day of I , 2008. / Reoolution\Surplus\pm RESOLUTION - SURPLUS ! ! I/ " . , I 1/ J/H /u t - f: