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The sale or disposal authorized by this chapter shall be held by the city manager or designee in the following manner:

A. The city manager or designee shall cause to be posted in the public posting place in the City Hall a general description of the property to be sold.

B. The city manager or designee shall issue a request for bids and shall sell to the highest bidder, unless the city manager determines in his/her discretion that it is in the best interests of the city to make such sale by private sale, in which case the sale may be conducted without public bidding.

C. All sales shall be for cash, personal check, money order or credit card.

D. The city manager or designee is authorized to sign bills of sale and any other papers or documents evidencing such sales or transactions for and on behalf of the city.

E. Prior to executing a bill of sale for property covered by this chapter, the city manager or designee shall obtain a written waiver from the purchaser releasing the city and its officials, officers and employees from all liability related to the sale. All property sold pursuant to this chapter must be accepted by the purchaser "as is" without any warranty or guarantee regarding the condition of the property or its suitability for any intended use.

F. When a city official, officer or employee, including but not limited to city council members, the city manager, administrative services director, department directors or city employees or contractors have participated in decisions to dispose of surplus property, and/or have access to information regarding the surplus property or the value thereof which is not available to or known by all public bidders, that official, officer, employee and/or contractor shall not either directly or indirectly bid for or purchase surplus property or take possession of property disposed of under the provisions of this chapter.

(Ord. 2302 NCS §2 (part), 2008.)