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RES 2013-0434 - Donation of surplus furniture from library to CTAC �l/� � r _ Law Department 's ' ' artment i r, Omaha/Douglas Civic Center •®`Y p� t� 1 3 r 7,--, �j 5 ' ' 1819 Farnam Street,Suite 804 oF 73'��'°'L"` ' Omaha,Nebraska 68183-0804 :ro (402)444-5115 �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Michelle Peters Log Book#: DATE: March 15, 2013 Date Assigned: 03/15/13 Assigned to; 'Wilt(n rke_ Answered/Sent Out: Withdrawn: REQUEST BEI G ADE BY: On behalf of Council Chief of Staff Warren Weaver e JWarren Wea , itv Council Chief of Staff 5518 (Name) (Department) (Phone) TIME LINE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! • • • 1.43tc I 'iLI il'e .. ..... ... SINTER-O CE CGMMUrN]IC ' 3IN tt€ : ... . ,_.,. _.. ` 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 /tfi... . . 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