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HomeMy WebLinkAboutOrdinance No. 2740-2014Suggested by: Administration CITY OF KENAI ORDINANCE NO. 2740 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE 7.15.060 - SALES, SURPLUS, COMPETITIVE BIDDING, TO PROVIDE AN EXCEPTION FOR THE DISPOSAL OF LIBRARY MATERIALS REMOVED FROM THE CITY'S COLLECTION. WHEREAS, Kenai Municipal Code 7.15.060 - Sales, surplus, competitive bidding, prohibits the sale of City supplies, materials or equipment until declared obsolete or surplus by the City Council and then requires a publicly advertised sealed bid process or use of a broker if authorized by Council for disposal; and, WHEREAS, the Kenai Municipal Library (Library) has a Collection Development Policy through which certain materials are removed from the Library's circulated collection; and, WHEREAS, materials removed from the Library's circulation collection vary widely in value and often have unique or limited markets many of which are online or out -of- state; and, WHEREAS, allowing the Library greater flexibility to sell or otherwise dispose of Library materials removed from circulation collection will enable the Library the greatest opportunity to receive value for such items. WHEREAS, the Library Commission, at its regular meeting of February 4, 2014, recommended Council support Ordinance No. 2740 -2014. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1. Form: That this is a code ordinance. Section 2. Amendment of Section 7.15.060 of the Kenai Municipal Code: That Kenai Municipal Code, Section 7.15.060 - Sales, surplus, competitive bidding, is hereby amended as follows: 7.15.060 Sales, surplus, competitive bidding. (a) Except as provided in subsection (d) [N]no surplus or obsolete supplies, materials, or equipment may be sold (except by trading in on other goods or services) until the Council shall have declared them obsolete or surplus. Before the City Administrator sells any surplus or obsolete supplies, materials, or New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2740 -2014 Page 2 of 3 equipment, except as otherwise provided in the next section, he or she shall advertise them for sale in a newspaper of general circulation in the City or give notice in such other manner as he or she deems necessary adequately to reach prospective buyers to give them an opportunity to make bids. All bids shall be sealed and shall be opened in public at a designated time and place, except when the sale is by auction or by an Internet sale process. (b) The Council may by resolution, including such terms and conditions as it deems appropriate, declare and authorize sale of surplus or obsolete supplies, materials or equipment by a broker if the nature of items is such that sale by broker is in the best interest of the City. The City Manager shall submit a written report to the Council of any item sold by a broker including the commission, buyer, and the terms and conditions of the sale. Such written report shall be included in a council packet within thirty (30) days after the sale date. (c) The City Administrator may repeatedly reject all bids and advertise or give notice again. He or she shall sell such supplies, materials, or equipment to the highest responsible bidder for cash. In case of a tie, he or she may sell to either of the bidders tying, or may divide the sale among two (2) or more tying, always selling to the highest responsible bidder or bidders for cash. (d) Collection materials removed by the Librarian pursuant to the Library's Collection Development Policy may be sold, traded or otherwise disposed of without further declaration by Council and in any manner deemed appropriate by the Librarian as lone as the sale, trade or disposal is in the best interest of the Library. All ethical and conflicts of interest provisions described by City ordinance, resolution, policy, or regulation must be fully complied with in such sale, trade, or disposal. Within thirty (30) days of the end of each fiscal year, the Librarian shall provide a full accounting to the City Manager and Council of all materials sold, traded or otherwise disposed of the prior fiscal year. Section 3. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f , this ordinance shall take effect 30 days after adoption. New Text Underlined; [DELETED TEXT BRACKETED] Ordinance No. 2740 -2014 Page 3 of 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this nineteenth day of February, 2014. ATTEST: '�ii liitX e- .. R -ZOIAAe� PAT FURT91Z, MAYOR Introduced: February 5, 2014 Adopted: February 19, 2014 Effective: February 19, 2014 New Text Underlined; [DELETED TEXT BRACKETED] j "'Villaye with a Past, C# with a Future / / 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 �'llll 1992 Meu�yuf KENAI, ALASKA MEMO* TO: Rick Koch CC: Scott Bloom FROM: Mary Jo Joiner DATE: 29 January 2014 SUBJECT: Ordinance 2740 -2014 Library practice has always been to donate withdrawn library materials (books, audio CDs, DVDs, etc.) to the Friends of the Library for their annual sale with the proceeds coming back to the library from them for programming and other materials. This is not strictly covered by code at this time. The library has a Collection Development Policy that includes the following section: WEEDING AND COLLECTION MAINTENANCE It is the policy of the Library to develop and maintain collections which meet patron needs for current and retrospective information and which further address cultural, educational and recreational needs and interests of the community. Weeding is an on -going process essential to this end. When information in material becomes dated and misrepresentative of current knowledge or the materials themselves become damaged beyond use or are no longer in demand, they will be removed from the collection. In general items are evaluated when they have not been used or circulated for 5 years. Sources such as Fiction Catalog, Public Library Catalog, and Children's Catalog are checked before a specific title is discarded. This Ordinance will make allowance for that method of disposal as well as other means of recycling library materials and generating income for the city. The Friends of the Library routinely sell any hardcover book for $1.00 but some library discards are worth far in excess of that on the used book market. The ordinance allows library staff to determine which method of disposal will generate the most return to the City.