Resolution 2007-65
RESOLUTION NO. 2007-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING SECTION IV, PROCEDURE NO.2 OF
THE CITY OF GILROY'S PURCHASING POLICY TO ALLOW
DONATION OF SURPLUS CITY PROPERTY TO NON-PROFIT
ORGANIZATIONS
WHEREAS, California Government Code Section 37350 provides that a city may purchase,
lease, receive, hold, and enjoy real and personal property, and control and dispose of it for the
common benefit; and
WHEREAS, the City of Gilroy Purchasing Policy, Section IV, Procedure No.2 ("Surplus
Property Policy"), sets forth procedures for selling, trading, and otherwise disposing of City surplus
personal property; and
WHEREAS, the Surplus Property Policy currently provides that City surplus property may be
transferred to another City department, used as a trade-in for new equipment, sold to another
governmental agency, disposed of by public auction, sold through competitive bids, or donated to the
Gilroy Unified School District, the City of Gilroy's Youth Center, the California Department of
Corrections, certain other public entities and to any other city, but does not provide for donations to
non-profit organizations; and
WHEREAS, the City Council desires to amend the Surplus Property Policy to allow for
donations of surplus City property to non-profit organizations upon a finding that (a) such non-
profit corporation is qualified under Section 501 (c)(3) of the Internal Revenue Code and (b) the
donation will benefit the City and its constituents;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Gilroy that
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Section IV, Procedure 2 of the Purchasing Policy, is hereby amended as shown in Attachment "A,"
which is attached hereto and incorporated herein.
PASSED AND ADOPTED this 6th day of August, 2007, by the following vote:
NOES:
COUNCILMEMBERS:
BRACCO, GARTMAN, PINHEIRO,
V ALIQUETTE and VELASCO
NONE
AYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
AREALLANO and CORREA
APPROVED:
~~
Alb'P'nh 'M
ert 1 elf 0, ayor
ATTEST:
2007-65
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ATTACHMENT "A"
Language for amendments:
p. 70: 8urpll:lsed items may be donated, or sold through a eompetitive sealed bid at a public
auction, or to another governmental agency. Surplused items may be donated. sold through a
competitive sealed bid process. or sold at a public auction to another governmental agency or to a
non-profit organization.
p.72: The City may also eOFlsider donating items to public ageneies (domestielforeiga), to
Gilroy's sister city of Tecata or any other city. Surplused items unlikely to generate significant
revenue and that are not acquired by other City departments may be donated to other public
agencies. to Gilroy's sister city of Tecata. Mexico. or to non-profit organizations.
Any donation of surplus City property to a non-profit organization shall be approved by
the City Council upon a finding that (a) such non-profit corporation is qualified under Section
501 (c)(3) ofthe Internal Revenue Code and (b) the donation will benefit the City and its
constituents.
All donations pursuant to this section shall be without warranty. express or implied. and
the transferee shall agree to defend. indemnify and hold harmless the city. its officers and
employees. from any claim. cause of action. damage. loss or liability arising out of the condition
of the property or its use by the organization or subsequent transferee.
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I, SHA WNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2007-65 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 6th day of August, 2007, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 4th day of October, 2007.
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( V.4{/)@ dda
Shawna' Freels, CMC
/ City Clerk of the City of Gilroy
(Seal)