HomeMy WebLinkAboutRes 2016-08-224 - Policy on Sale or Disposal of PropertyCITY OF ANNA, TEXAS
RESOLUTION NO.,U(o -0c� -z�a,q
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS
ADOPTING A POLICY ON THE SALE AND DISPOSAL OF PROPERTY AND
AUTHORIZING THE REMOVAL OR DEMOLITION OF CERTAIN IMPROVEMENTS
ON REAL PROPERTY.
WHEREAS, the City Council of the City of Anna, Texas (the "City Council) desires to
adopt policies and procedures for sale and disposal of surplus and salvage personal
property and real property owned by the City; and
WHEREAS, the City of Anna City Council desires to remove or demolish certain
buildings, improvements and fixtures on the real property located at 211 W. 5th Street;
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF ANNA CITY COUNCIL:
Section 1. Recitals Incorporated.
The recitals set forth above are incorporated herein for all purposes as if set forth in full.
Section 2. Approval of Policy on the Sale and Disposal of Property
The City Council hereby approves and adopts the Policy on the Sale and Disposal of
Property attached hereto as Exhibit 1, incorporated herein for all purposes.
Section 3. Authorization to Remove or Demolish Improvements on Certain Real
Property
With the exception of the buildings labeled "A" and "B" on Exhibit 2 attached hereto, the
City Council hereby authorizes the City Manager to remove or demolish the buildings,
improvements and fixtures on the real property located at 211 W. 5th Street, otherwise
known as the "Anna Grain" property, in accordance with the City's Policy on the Sale
and Disposal of Property.
PASSED AND APPROVED by the City Council of the City of Anna this 23rd day of
August, 2016.
ATTEST: APPROVED -
If fill//
OF
City Secretary, Cakrie L. Smith Crist
Exhibit 1
Policies on the Sale and Disposal of Property
Section 1. Definitions.
City mean the City of Anna, Texas.
City Manager means the current or acting City Manager of the City of Anna or a person
designated to act on behalf of the City Manager.
Personal PropeLty means everything that is subject to ownership of the City not falling
under the definition of Real Property. Personal Property includes Personal Property
lawfully confiscated and subject to disposal by the City; and Personal Property affixed to
Real Property, if its removal and disposition is for a lawful purpose.
Real Propert means land owned by the City together with fixtures, improvements and
appurtenances.
Salvage Property means Personal Property that through use, time, or accident is so
damaged, used, or consumed that it has no value for the purpose for which it was
originally intended.
Surplus Property means Personal Property that is not needed or required for the City's
foreseeable needs. The term includes used or new property that retains some
usefulness for the purpose for which it was intended or for another purpose.
Section 2. Sale or Disposal of Surplus and Salvage Property
(a) The City Manager is authorized to sell Surplus and Salvage Property by
competitive bid, auction, or direct sale to the public, including a sale using an
Internet auction site. The City Manager may contract with a private vendor to
assist with the sale of the property.
(b) The City Manager shall determine which method of sale shall be used based
on the method that is most advantageous to the City under the
circumstances.
(c) In using an Internet auction site to sell Surplus Property under this section,
the City shall post the property on the site for at least 10 days.
(d) If the City cannot otherwise sell or dispose of Surplus or Salvage Property in
accordance with this Policy, or if the City Manager has determined that the
property has resale value of not more than $25.00, the property may be
destroyed or disposed of in any lawful manner.
Resolution NoAm G-) - nl� - J a4,.- Page 2
Policies on the Sale and Disposal of Property
(e) The City Council may approve an alternative means of disposing of Surplus
or Salvage Property if:
1. the transaction has as its predominant purpose the accomplishment of a
public purpose of the City (as opposed to a private purpose),
2. the City places sufficient controls on the transaction to ensure that the
public purpose is carried out, and
3. the City receives a return benefit
Section 3. Sale or Disposal of Real Property
(a) The City Manager may sell or otherwise dispose of Real Property as directed
by the City Council.
(b) When authorized by the City Council, the City Manager may sell Real
Property by competitive bid, auction, or direct sale to the public, including a
sale using an Internet auction site. The City Manager may contract with a
private vendor to assist with the sale of the property.
(c) When authorized by the City Council, the City Manager may seek bids or
proposals to procure the removal or demolition of improvements on Real
Property consistent with the City's financial policies.
(d) The City Manager shall determine which method of sale or procurement shall
be used based on the method that is most advantageous to the City under the
circumstances.
Section 4. Proceeds of Sale.
Proceeds from the sale of Real Property and Personal Property shall be deposited to
the credit of the City's general fund, unless the Personal Property was solely owned by
an enterprise fund in which case the proceeds shall be deposited to credit of the
enterprise fund which owned the property.
Resolution No. "10, 1(,, - OT - a- ---A- Page 3
Policies on the Sale and Disposal of Property