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04-10-2019 Council Packet
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04-10-2019 Council Packet
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RELEVANT LINKS: <br />League of Minnesota Cities Handbook for Minnesota Cities 10/15/2018 <br />Expenditures, Purchasing, and Contracts Chapter 22 | Page 19 <br /> Some official, preferably the city purchasing agent, should maintain a list <br />of all surplus property, sell unneeded items, and promote interdepartmental <br />sharing of equipment whenever possible. This procedure helps eliminate <br />unnecessary (and costly) duplications of city-owned equipment. <br /> B. Restricted sales <br />Minn. Stat. § 471.345. <br /> <br />LMC information memo, <br />Competitive Bidding <br />Requirements in Cities. <br />In some cases, cities must follow special procedures before selling <br />property or equipment. For example, if the expected selling price of a <br />piece of equipment exceeds $175,000, the city generally must use the <br />competitive bidding process. Home rule charter cities may have additional <br />requirements within their charters. <br />Minn. Stat. § 15.054. <br /> <br />LMC information memo, <br />Official Conflict of Interest. <br />Cities generally cannot sell government property to city officers or <br />employees. A limited exception allows cities to sell property to city <br />employees (but not to city officers) if the sale is made by sealed bids or <br />through an auction and the employee has no involvement in the process. <br />LMC information memo, <br />Purchase and Sale of Real <br />Property. <br /> <br />Minn. Stat. § 462.356, subd. <br />2. <br /> <br />Competitive bidding usually is not required when selling real estate. In <br />certain instances, however, cities may have other procedural requirements <br />to follow. For example, if the city has a comprehensive plan, it typically <br />must notify the planning commission and wait for its comment before <br />selling city-owned land. <br /> C. Sales to other government agencies <br />Minn. Stat. § 471.64, subd. <br />1. <br />A.G. Op. 707a (Mar. 5, <br />1986). <br />A city need not comply with competitive bidding requirements when <br />selling property, services, or equipment to the national government, the <br />state, or any political subdivision of the state. <br /> D. Electronic sales of surplus supplies, material, <br />and equipment <br />Minn. Stat. § 471.345, subd. <br />17. Regardless of value, cities may sell surplus supplies, materials, and <br />equipment using an electronic selling process where purchasers compete <br />for the highest price in an open and interactive environment. <br /> E. Donations of surplus equipment <br />Minn. Stat. § 471.3459. <br /> <br />Donation of Surplus City <br />Equipment to a Nonprofit <br />Organization, LMC Model <br />Policy. <br />In 2016, the Minnesota Legislature passed a new law authorizing a “local <br />government,” including statutory and home rule charter cities, to donate <br />“surplus equipment” to a “nonprofit organization.”
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