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HomeMy WebLinkAboutNS-1288MJK:nr ORDINANCE NO. NS-1288 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 2-700 THROUGH 2-704 OF THE SANTA ANA MUNICIPAL CODE, PERTAINING TO SURPLUS AND SCRAP PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That Section 2-700 of the Santa Ana Munici- pal Code is hereby amended to read as follows: Section 2-700. Personal property report - required; contents. Whenever the head of any department of the city shall determine that any personal property in his possession or under his jurisdiction is surplus and that there is no present or pro- spective use to which the city may put said property, he shall re- port that fact to the Director of Finance. The report shall con- tain a statement of the kind, nature, condition and quantity, and a brief description of such surplus property, shall state the location at which such property may be viewed, and shall give the names and addresses if possible of prospective purchaser if such information can be obtained by the department head. SECTION 2: That Section 2-701 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 2-701. Same - filing; notice of sale to interested persons. Said surplus personal property report shall be kept on file in the office of the Director of Finance under the caption "Surplus Property Reports" and shall be open to the public for inspection. Any person interested in the purchase of any such property who leaves his name and address with the office of the Director of Finance shall be notified by mail of any sale of said property at least ten (10) days prior to the date of such sale. SECTION 3: That Section 2-702 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 2-702. Same - approval of department heads. Said reports of surplus personal property shall be made available for review by any department head of the City of Santa Ana, and no such sale shall be had if any other department of the City expresses a desire or need for such property for a City purpose. SECTION 4: That Section 2-703 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 2-703. Disposition of surplus personal property. Whenever the Director of Finance shall determine that sufficient surplus property, including scrap property and animals, ORDINANCE NO. NS-1288 PAGE TWO has accumulated, he shall determine the method of disposition of said property, including using said property as a trade-in, accepting sealed bids for said property, sale by public auction, or any other method of disposition deemed acceptable by the Director of Finance. All such surplus property shall then be accumulated at a central location unless the Director of Finance grants an exception to this requirement and therein designates the property so excepted. Notice of such disposition shall be given by publication at least once in a newspaper of general cir- culation, printed, published and circulated in the City, and by sending written notice to all persons who had requested notice and to all persons suggested by the department heads as prospec- tive bidders, such notices to be published and mailed at least ten (10) days prior to date of sale. SECTION 5: That the Santa Ana Municipal Code is hereby amended by adding a section, to be numbered 2-703.1, which said section reads as follows: Section 2-703.1. Disposition by public auction. If the Director of Finance determines that such surplus property shall be disposed of by auction, he shall designate the person to conduct the auction and the person to act as clerk, to make a record of bids and payments during said auction. The Director may employ professional auctioneers and clerks who shall receive compensation solely out of the proceeds of the auction. All sales shall be for cash and the purchase price shall be paid forthwith upon the sale being declared by the auctioneer. SECTION 6: That Section 2-704 of the Santa Ana Muni- cipal Code is hereby amended to read as follows: Section 2-704. Sale of scrap, etc. Items of scrap, metal, paper, wood, etc., that have no value for the purposes for which they were originally designed but are useful only as salvage or scrap, may be sold by the Direc- tor of Finance at any time without public auction, upon the desig- nation of said property as scrap by the head of the department possessing such material. SECTION 7: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the city of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ORDINANCE NO. NS -1288 PAGE THREE PASSED AND ADOPTED by the City Council of the City of Santa Ana at its regular meeting held on the 5th day of January , 1976. ATTEST: CLERK OF THE COUNCIL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SANTA ANA ) I, FLORENCE I. M3kLONE, do hereby certify that I am the Clerk of the Council of the City of Santa Ana; that the fore- going Ordinance was introduced to said Council at its regular meeting held on the 15th day of December , 1975, and was again considered by said Council at its regular meeting held on the 5th day of January , 1976, and was at said meeting passed and adopted by the following vote, to wit: AYES, COUNCILMEN: Yamamoto, Bricken, Ortiz, Garthe NOES, COUNCILMEN: Evans, Brandt, Ward ABSENT, COUNCILMEN: None CLERK OF THE COUNCIL APPROVED AS TO FORM: KEITH L. GOW, CITY ATTORNEY