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Reso 1312 09/2008RESOLUTION NO. 1312 A RESOLUTION OF THE BOARD OF DIRECTORS OF VALLECITOS WATER DISTRICT REVISING RESOLUTION N®. 1274 A SURPLUS PERSONAL PROPERTY POLICY WHEREAS, during the normal course of operations, personal property owned by the Vallecitos Water District ("District") becomes surplus, unusable or no longer needed; and WHEREAS, The Board of Directors ("Board") of the District has determined that there is a need to promote uniformity in the procedures for the sale or transfer of surplus personal property owned by the District; NOW, THEREFORE, the Board does hereby resolve and determine as follows: Section 1. A detailed list clearly identifying the surplus personal property of the District shall be approved by the General Manager in advance of any sale thereof. Such list shall identify items thereon that are fixed assets of the District. Section 2. Each item on a list of surplus personal property shall include the estimated value of such item. Any item on such list with an estimated value of at less than ten ($10.00) shall be identified with the phrase "no inherent value." Items with an estimated value of less than $1,000 will be approved by the General Manager. items with an estimated value of greater than $1,000 will be approved by the Board. Section 3. Any item on a list of surplus personal property with a value in excess of ten dollars ($10.00) shall be sold by the District through a publicly noticed sale, with the highest bid taking title and possession of such personal property. Section 4. All personal property shall either: 1) be a reputable third party auctioneer, including but not limited to Internet based companies or partnership with other local agencies, after a thorough inquiry of references from other governmental agencies, far: public notification of sale, transfer of title and possession. The District will pay for all auction related expenses and commissions out of the proceeds of the auction; or 2) Formally broadcast to neighboring agencies, districts and/or cities, via e- mail or VWD website posting, if the surplus personal property is determined to have value in a particular restricted market. All transactions releasing personal property under this method will be approved by the District's General Manager prior to any commitment on the part of the District to enter into such agreement. Section 5. All surplus personal property shall be said "as is" and "where is°, with no warranty, guarantee, or representation of any kind, expressed or implied, as to the condition, utility or usability of the personal property offered for sale. Resolution Na. 1312 Page 2 Section 6. As per Government Code Section 1090, members of the Board, officers and employees of the District may not be purchasers of surplus personal property of the District if such persons; used, had control over, or were involved in purchasing such personal property items. Section 7. With General Manager (approval or his or her designee), personal property with no inherent value and personal property which was not purchased during the sale may be held for a future sale or may be deemed unwanted surplus and may be given to a public agency which is a customer of the District. If no such public agency expresses an interest in acquiring the personal property, it may be given to a local, nonprofit organization which is a customer of the District, or may be disposed of at an appropriate disposal or recycling site. Section 8. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the Board of Directors of Vallecitos Water District at the Regular meeting held on this 8th day of October, 2008, by the following roll call vote: AYES: FERGUSON, GENTRY, HANNAN, POLTL, SHELL NOES: ABSTAIN: ABSENT: Timothy M. ell, President Board of Directors Vallecitos Water District ATTEST: William W. Rucker, Secretary Board of Directors Vallecitos Water District