RES 2013-0434 - Donation of surplus furniture from library to CTAC �l/� � r _ Law Department
's ' ' artment
i r, Omaha/Douglas Civic Center
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�ATI'D PEBRV1' j (° !' r:.f', Telefax(402)444-5125
City of Omaha r. f-! !=, 1 L Paul D. Kratz
Jim Suttle,Mayor City Attorney
Honorable President
and Members of the City Council,
Transmitted herewith is a Resolution authorizing the donation of surplus furniture from the
Omaha Library to the Cable Television Access Corporation (CTAC).
The furniture includes the following items:
• DVD display
• Four wooden book displays
• Audio-video tabletop display
• Five reference book stands
• Metal cart
These items are no longer useful to the Library or any other City department. Attached herewith
is a memo from the Acting Finance Director advising that the property is of little value to the
City and is appropriate for donation to CTAC.
Your favorable consideration of this request will be appreciated.
Respectfully submitted,
Michelle Peters
Assistant City Attorney
p:ALAW-COUNCIL DOCUMENTS\2013\20017v1j
REQUEST 'MEW/ DEPARTMENT
LAW DEPARTMENT
For Law Department Use Only
TO: Paul D. Kratz, City Attorniil3 MAR 15 PM 3: 19 52-13 = COUNCIL
Michelle Peters Log Book#:
DATE: March 15, 2013 Date Assigned: 03/15/13
Assigned to; 'Wilt(n rke_
Answered/Sent Out:
Withdrawn:
REQUEST BEI G ADE BY: On behalf of Council Chief of Staff Warren Weaver
e
JWarren Wea , itv Council Chief of Staff 5518
(Name) (Department) (Phone)
TIME LINE (Due Date): City Council Agenda—March 26. 2013
(12 Working Days from Date Received by Law Department)
REQUEST FOR: Resolution
(State Specifically What You Are Requesting)
DETAILS: (Do Not State"See Attached)
Council Staff has reserved some surplus furniture from the Library Department. Staff also
requested the Finance Director declare the items as surplus and available to the City Council's
CTAC agency for use in their studio.
, 6- '12,6'L & -yl
I am anticipating the Finance Director's approval and forthcoming memo of approval.
With that documentation, I request that the Law Department prepare a resolution that complies
with the requirements of City Charter 5.21, for placement on the March 26, 2013, Council
agenda.
Please contact me with any questions.
INFORMATION ATTACHED: YES x NO NONE AVAILABLE
WW/tlb
c: City Councilmembers
Buster Brown, City Clerk
Leslie Schaefer, Interim Finance Director
Tom Mumgaard, Deputy City Attorney
Council Staff
h!l.TER OFFVCE COMMMWDCAT DO
August 21, 2012
TO: Leslie Schaefer, lrl im Finance Director
FROM: Warren W ier, City Council Chief of Staff
SUBJECT: Disposal of Surplus Property
The City Council, by Ordinance 39448, created the Cable Television Access
Corporation (CTAC) advisory board to manage the City's franchise agreements with
Cox and CenturyLink. As a function of their duties and responsibilities, the board must
establish a TV studio and office. With that in mind, CTAC will need office furniture and
has secured from the Library a note indicating some surplus equipment is available (see
attachment 1).
In order for CTAC to acquire any surplus equipment, the Finance Director must deem
there is little value to the City and it is acceptable to give this equipment to an
organization other than a specified City department. The Law Department has indicated
it is best that we follow the procedures in City Charter section 5.21 and to secure the
Finance Director's approval and then a resolution on the City Council to accept the
furniture (see attachment 2).
I am requesting that you consider sending a memo to me indicating that this list of
furniture would have minimal value to the City but could be useful to the CTAC
organization as it fulfills its ordinance obligations to manage the City's franchise
agreements on behalf of the City Council.
WVV/tlb
Attachments
c: Tom Mumgaard, Deputy City Attorney
Andrew Brott, Finance Department
Dean Miller, City Council Staff Assistant
1ett., E°, Wthartren O. GCCCot14
From: Dale, Regina (LIB)
Sent: Thursday, March 14, 2013 11:00 AM
To: Weaver, Warren I. (CCou)
of Miller, Dean (CCou); Mumgaard,Thomas (Law); Carlson, Eric J. (Prch); Lajoie, Lisa M. (Fin)
Subject: RE: surplus furniture
Warren,
The Library's surplus property that you viewed and expressed an interest in acquiring are:
a DVD display
o paperback book displays (four wood displays available)
o an audio-video table-top display
co reference book stands (five available)
Q a metal cart
These items are among the surplus property that remains after being offered to other departments.
Please let me know if you need further information.
Regina Dale l Facilities Supervisor
0 W Dale Clark Library
215 South 15 Street l Omaha,Ne 68102
two rdale4omahalibrarv.orq l 402.444.4812
Naas omahalibrarv.orq
utaim Follow OPL on Twitter& Facebook
Omaha Public Library introduces MyOPL—your new
online catalog with features that make finding books,
movies and music easier and a lot more fun!
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Law Department
orif
March 5, 2013
TO: Warren Weaver, City Council Chief of Staff
FROM: Michelle Peters, Assistant City Attorney
SIT I;,JECT: Disposal of Surplus Property—Logbook#36-13 City Council
•
You have asked whether there it is appropriate for CTAC to be the beneficiary of certain
"surplus equipment."
As an initial point, please note Omaha City Charter Section 5.21 sets forth the process for
disposal of City property. It provides,
All departments and agencies having personal property that is not useful to them shall
at least annually furnish a list of such items to the Purchasing Division,which shall
examine such property and determine whether it is useful for any other city purpose.
If found to be usable, such property shall be inventoried for subsequent issue upon
requisition. If such property is found to be unusable for any city purposes, the
Purchasing Agent shall cause the property to be disposed of in a lawful manner. If
found to be unusable for city purposes, but not obsolete nor damaged beyond any
reasonable use or repair,the Purchasing Agent shall cause the property to be sold at
public auction or on the basis of bids. Proceeds from such sales shall become general
fund revenue. Notwithstanding the foregoing, if any such property is found to be
unusable for city purposes,upon recommendation of the Finance Director,the City
Council may, by resolution, authorize same to be disposed of in any manner,
including donation,to any organization to be used for the public good. Nothing in
this section shall be construed to prevent the trading-in of usable or unusable property
on new items being purchased. As long as DOT.Comm or its successors is the
primary information technology provider to the city,DOT.Comm will determine the
disposition of usable, unusable, obsolete or damaged beyond any reasonable use or
repair, for personal property related to information technology.
CTAC is not a City department so, legally, property cannot be requisitioned to a non-city
department for a"city purpose." Therefore,it is necessary to determine whether the property can be
used for any other city purpose. If the property cannot be used by any other city department, the
Finance Director may recommend donation of said property to CTAC. Based on the Charter
provision, it presupposes that the Finance Director has determined that the property will not generate
much revenue at public auction for disposal into the general fund.
6
Warren Weaver
March 5, 20,13
Page 2
SUBJECT: Disposal of Surplus Property—Logbook#36-13 City Council
You have asked that I provide a resolution for the disposal of the property. However,before
this can be accomplished, I believe the following documentation needs to be obtained:
1) a specific inventory of the property to be disposed;
2) a memorandum from the department head from which the property is from to indicate
it is surplus property; or if it has already determined to be surplus, a memo from
Purchasing indicating that it is unusable for any other city purpose; and
3) a memorandum from the Finance Director recommending donation.
I hope this information has been of assistance to you. Please let me know if you have any
questions.
Respectfully submitted,
•
•
Michelle A. Peters
Assistant City Attorney
C-25A CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebraska
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, the Omaha Library has the following surplus property available:
• DVD display
• Four wooden book displays
• Audio-video tabletop display
• Five reference book stands
• Metal cart
WHEREAS, this property is no longer of use to the Library or any other City
department; and,
WHEREAS, the Acting Finance Director has determined that said property is of
little or no value to the City and it is appropriate for donation to the Cable Television Access
Corporation(CTAC); and,
WHEREAS, it is in the best interests of the City to make this donation to CTAC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, as recommended by the Mayor and the Acting Finance Director, the
donation of a DVD display, four wooden book displays, an audio-video tabletop display, five
reference book stands, and a metal cart, unusable for any City purpose, as provided in Section
5.21 of the Home Rule Charter, to the Cable Television Access Corporation, is hereby approved.
APPROVED AS TO FORM�__Th
CITY ATTORNEY DATE
p:\LAW-COUNCIL DOCUMENTS\2013\20018v1j
By
• cilmember
Adopted 2 6 2013 iti
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G
c Clerk 3 /�
Approved.. .
Mayor
NO. 77L.3,
Resolution by
Res. that as recommended by the Mayor and
the Acting Finance Director, the donation of a
DVD display, four wooden book displays, an
audio-video tabletop display, five reference
book stands, and a metal cart, unusable for
any City purpose, as provided in Section 5.21
of the Home Rule Charter, to the Cable
Television Access Corporation, is hereby
approved.
p:ALAW-COUNCIL DOCUMENTS\2013\20018v1j
Presented to City Council
MAR 2 6 2013
Adopted 1-c
&u ter grown
City Clerk