2008-113ORDINANCE NO. 7? d t - II J
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 2-106 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS REGARDING
PROCEDURES FOR THE SALE OF PERSONAL PROPERTY OF THE CITY; PROVIDING
A.SEVERABILITY CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Section 2-106 of the Code of Ordinances of the City of Denton should be
amended in its entirety to provide procedures for the sale of personal property of the City of
Denton; and
WHEREAS, the City Council finds that it is in the public interest to adopt the procedures
contained in this ordinance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are true and correct and are incorporated herein by reference.
SECTION 2. Section 2-106 of the Code of Ordinances of the City of Denton, Texas is
hereby amended in its entirety to read as follows:
See. 2-106. Sales of personal property of the city.
The Purchasing Agent of the City is authorized to sell worn-out, scrap, obsolete or
unused personal property ("Surplus Property") other than items routinely discarded as waste, of
the City by any of the following methods:
(a) A public auction held on site or through utilization of the internet and conducted
by an auctioneer licensed by the State of Texas.
1. All sales to be sold to the highest bidder unless determined by the Purchasing
Agent to be not sufficient. In this instance, he may refuse the bid and hold the
item(s) for sale at another time.
2. After determining the time and place for a public auction, the Purchasing Agent
shall give notice of the auction by advertising in the official newspaper of the City
for at least once a week for two consecutive weeks. The date of the first
publication must be before 14 days prior to the date of the auction and the second
publication must be no sooner than 7 days prior to the auction or posting on the
City of Denton website for a period of 10 days prior to the auction.
(b) Offer the property as a trade-in for new property of the same general type if the
Purchasing Agent considers that action to be in the best interest of the City.
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(c) Dispose of the property by donating it to a civic or charitable organization or
another governmental entity, if allowed by law. However in such case, City Council approval
will be necessary unless the item has value of less than $500.
(d) Order any of the property to be destroyed or otherwise disposed of as worthless, if
the City undertakes to sell that property and is unable to do so because no bids are received.
(e) Competitive sealed bid following the guidelines of Chapter 252 of the Texas
Local Government Code for competitive bidding.
(f) For Surplus Property items having a value less than $100.00, the sale may be
made at an advertised location where members of the public may purchase the item for not less
than the amount received for a similar item at an auction held by the City within the preceding
two years.
SECTION 3. If any provision of this ordinance or the application thereof to any person
or circumstance is held invalid by any court, such invalidity shall not affect the validity of other
provisions or applications, and to this end the provisions of this ordinance are severable.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the,3Oqeday of~ 12008.
Q, -VA PERRY R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
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