Res No 241-12-13798RESOLUTION NO. 241-12-13798
A Resolution declaring that the attached list of personal property are "surplus"
and authorizing the Acting City Manager to dispose of "surplus" items
pursuant to City Code.
WHEREAS, Section 2 -4.7 titled: "Surplus city -owned property" of the City of
South Miami Code of Ordinances states that all personal property owned by the City shall not be
sold unless and until it is declared to be surplus property by resolution of the City Commission;
and
WHEREAS, the Acting City Manager is recommending that the attached list of personal
property items classified as "surplus" that serves no useful function for any activity or in any
location within the City and should be disposed of pursuant to Section 2 -4.7 of the City Code
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT;
Section 1. The attached list of personal property items are "surplus" and Acting
City Manager is hereby authorized to dispose of the surplus items pursuant to Section 2 -4. 7 of
the City Code
Section 2. Severability. If any section, clause, sentence, or phrase of this resolution is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this resolution.
Section 3. Effective Date: This resolution shall take effect immediately upon approval
by the City Commission
PASSED AND ADOPTED this 20 day ofNovember, 2012.
XE ALITY AND
T14REOF:
Cpl° s ■ • wR�7
Page 1 of 1
APPROVED:
COMMISSION VOTE: 4 -0
Mayor Stoddard: Yea
Vice Mayor Liebman: Yea
Commissioner Harris: Yea
Commissioner Newman: absent
Commissioner Welsh: Yea
To:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Kelly Barket, Jr. Acting City Manager
November 14, 2012
South Miami
All- AmerleaCity
'I 11
2001
Agenda Item No..
A Resolution declaring that the attached lists of personal property
Subject: are "surplus" and authorizing the Acting City Manager to dispose of
"surplus" items pursuant to City Code.
Personal Property is defined as temporary or movable property. Any personal
property that is classified obsolete, or no longer economical or efficient to
keep, or that serves no useful function for any activity or in any location within
the City, needs to be declared as "surplus" by the City Commission per
Section 24.7 of the Code of Ordinances.
Background: Section 2 -4.7 titled: "Surplus city -owned property" of the City of South Miami
Code of Ordinances states that all personal property owned by the City shall
not be sold unless and until it is declared to be surplus property by resolution
of the city commission. The City Manager is recommending that the attached
list of personal property items classified as "surplus" that serves no useful
function for any activity or in any location within the City and should be sold
to the highest bidder by way of a City auction.
Backup • . Section 2 -4.7 titled: "Surplus city -owned property ".
Documentation: • List of vehicles declared "surplus"
Sec. 2 -4,7.- Surplus city -owned property.
(a) Items of personal property owned by the city shall not be sold unless and until it is declared to be surplus
property by resolution of the city commission.
(b) The city commission shall not consider declaring any item of personal property to be surplus unless the city
manager has affirmatively recommended such action thereon.
(c) Upon determination by resolution by the city commission that an item of personal property is surplus, the city
manager is hereby authorized to sell to the highest bidder at public sale or, if approved by the commission by
resolution, at public auction, said item of personal property after advertising the date, time and place of said
sale or auction once a week for three (3) consecutive weeks in a newspaper of general circulation in the city.
The city manager shall have the right to accept or reject any or all bids. In the event the personal property shall
be offered for sale or auction, and no bids shall be received therefor, it shall be deemed that such property has
no value and the city manager in his discretion may order it destroyed or otherwise disposed of.
(d) This section shall not apply to stolen, abandoned or confiscated personal property which has come into the
city's possession.
(Ord. No. 810, §§ 1 -4, 2 -5 -74)
E'ditor's note— Ord. No. 810 did not expressly amend this Code, hence codification of §§ 1 -4 as § 2 -4.7 was at the discretion
of the editors.
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