Category:
Surplus Property
Fire District # 4 wants to transfer an ambulance to Fire District #1. District #4 has passed a resolution to surplus the ambulance. They contacted all of the Fire Districts within the parish and the Police Jury to see if any of the other districts/parish wanted the ambulance. Fire District #1 was the only entity that wanted the surplus ambulance. The district wants to donate the ambulance and wants to know if there are any problems with donating it. They did not advertise the ambulance for bid, and want to know the proper procedure for a donation.
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Hospital Service District has medical equipment it no longer needs and would like to sell. What are the methods for the disposal of surplus property for the District?
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What statute governs the procedures for sale of a surplus building by a school board?
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The police chief is worried about someone using an auctioned police vehicle impersonating an officer. Thus, he wants to remove the cage and lights from the vehicle before auctioning it off. How can the department properly dispose of the cage and lights, given the public safety concern?
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Fire Department recently requested the City Council to surplus a fire rescue vehicle in the amount of $5,000.00. The Fire Department's plan is to post the vehicle on govdeals.com for auction. A local Fire Department saw the advertisement of the ordinances for the meeting and contacted the Fire Department by phone. The local department wants to purchase the vehicle from the Fire Department and is requesting it does not post on govdeals.com, meaning the vehicle would not be auctioned. The Fire Department is not actually certain $5,000.00 is the fair market value of the vehicle as it has not been professionally appraised. R.S. 38:2212.1 states the sale of the surplus vehicle is not subject to the requirements of the Public Bid Law. And R.S. 33:1321 states a resolution should be adopted at the next council meeting to declare the vehicle surplus. What should the Fire Department do to ensure it is in compliance with State Laws if the City decides to sell this rescue vehicle to a neighboring entity?
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How can a hospital service district transfer surplus wheel chairs to a public library?
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The Fire Protection District previously declared a vehicle as surplus and placed the vehicle for public sale through a broker. However, the broker has been unable to sell the surplus vehicle. The District now wants to sell the vehicle to a neighboring Louisiana fire protection district under the Local Services Law for fair market value. What does the District need to do to accomplish this sale, i.e. must the sale be publically bid?
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Can a retiring marshal and/or his deputies purchase their service revolver from the Marshal's office and what are the procedures?
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What is the notice provision for sale of surplus movable of a political subdivision?
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May a public entity sell desks that are no longer needed back to the vendor?
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Town has many outdated computers and printers. They attempted to obtain appraisals on the equipment, but due to how old it is were told it had no value. They would like to dispose of the equipment but want to make sure they handle the disposal properly. The IT department has already wiped the hard drives.
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An improper purchase of purses was made with public funds (responsible parties have been punished). Can the public entity donate the purses to charity?
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The Town owns a K9 that can no longer perform its drug detection duties due to age. Can the town donate the dog to its handler?
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How does the parish address disposal of a surplus vehicle?
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What statute(s) address the procedures for the sale of movable property by a municipality?
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Two public entities want to exchange a piece of property worth approximately $400. Do they need an appraisal?
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May a local government purchase items at a public auction?
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City owns a bathroom trailer which used to be at one of the parks. It is no longer useable and they would like to junk it. Is there a procedure they need to follow?
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If the parish purchased a generator from the state, when the parish wants to sell it, do they have to follow the surplus property laws.
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This is a question about an issue that has come up during our sealed bid process for surplus vehicles. The public entity allowed all of the applicable laws and guidelines in the LLA document Disposition of Surplus Property Revised 11/28/22. The the highest bidder has decided he no longer wants the vehicle and his bid was $1151.00. The entity is going to move on to the second highest bidder however, there are two individuals that each bid $1000.00. How does the determine who the highest bidder is to give them an opportunity to purchase the vehicle?
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Does the clerk of court have to obtain an appraisal for the sale of a movable?
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What is the proper procedure for sale of a piece of used equipment that is owned by a public body?
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What procedures must a municipality follow to sell abandoned vehicles left on public property?
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Can the clerk dispose of the surplus desks to other clerks for a "nominal price" ?
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May a fire protection district bid on used fire trucks and associated equipment sold at a private auction if the winning bid is less than $60,000?
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Q.1. Is Law Enforcement District required to have an official journal? Q.2. What procedures should a Sheriff use to surplus immovable property owned in the name of the Law Enforcement District? Q.3. Can the Sheriff really be considered "surplusing" and selling prison owned by law enforcement district when it will still be used as a prison by private company?
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Every 8 years the school district purchase new computers for the schools as the old devices are obsolete for their purposes. Is there any way for the district to dispose of these devices in a bulk sale or transfer without having to do an auction under R.S. 33:4712 or R.S. 49:125? In the past, they have found little success auctioning old computers and they end up having to junk them after going through the extra expense of erasing the hard drive and memory of the devices.
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Is the parish required to Bid out the contract for an auctioneer to handle the public auction of surplus property?
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School Board wants to sell some classroom equipment (smart boards, projectors, etc.) and use the money to buy new/updated classroom equipment of the same type as replacements. 1. What are the steps to sell surplus property? 2. What if the school board already knows that a neighboring school board wants to buy the equipment, do they still have to follow the surplus property steps?
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The Parish School has purchased new lockers for the school and would like to donate their old deteriorated lockers to the Sheriff's Office. The Sheriff's office does provide security for the school. Can this be done?
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When an Economic Development District repossess a vehicle and equipment under a loan program, can the entity use a third party to handle the disposition of the assets, or is the only third party they are allowed to use a licensed auctioneer pursuant to RS 49:125?
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Livingston Parish Library will be having the old chiller (HVAC) replaced at one of the locations. It is currently running at 40% capacity and is quickly deteriorating. While it could be repaired, the repairs would be temporary, but the cost of repairs would exceed the cost of getting a new chiller. The Library needs to include its disposal in the cost of the bid, which is being drawn by the engineers. The issue of the disposal of the old chiller has arisen. The Board will declare it as surplus at the July 20th meeting. The engineers will issue their expert opinion in a letter to state its value or salvage ability. Can the library include the disposal of equipment as part of the bid, or is the library obligated to auction it off?
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Our Council has declared a list of items as surplus property such as Copy Machine, computer monitors, computer desktop base, printers, keyboards, radios, table, etc. I am not sure how I should handle disposing of these items or selling these items. They are so old I would not even know how to determine their value? Please help me on the proper procedure to follow to handle this.
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A Fire District owns some immovable property that it wants to surplus and sell. In anticipation of that, they got an appraisal on the land. The appraisal came back much higher than anticipated and the District really doesn’t think anyone will buy it at that price. What happens when they list it for sale and the offers come in lower than the appraisal?
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Our Mosquito Abatement District is planning on selling one of our airplanes. What are the procedures for selling it? I believe we have to have a resolution at a Board meeting to sell the plane, advertise the minimum bid three times 30 days prior to sale and accept sealed bids opened at the next board meeting. Can you tell me if I am missing any steps?
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The library surplused an old book mobile van and advertised properly to sell it. The directions stated that the sealed bids should be mailed or hand delivered to the library at a certain date and time and would then be opened the following day at a certain time. One bidder faxed her bid to the library. Can that bid, which is the highest bid, be accepted?
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Can the Assessor privately purchase a vehicle the office has been leasing when they have left office?
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Can a municipality sell a building through a lease with option to purchase agreement?
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Does the Public Bid Law apply to the purchase of used equipment purchased from another fire department?
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How can a fire protection district dispose of flood damaged equipment that took on 4-5 feet of water and is being replaced through insurance? Can the district sell the equipment via an internet auction?
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Tourist Commission has a van which is not working. They want to sell the van. What steps do they need to take to dispose of the van?
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The parish listed and advertised an excavator through an online auction pursuant to R.S. 33:4711.1 with a reserve of $55,000 (the appraised Fair Market Value (FMV) of the equipment). No bid met the FMV. The parish rejected all bids. After the auction was closed, the parish was contacted by a bidder who now is willing to pay $55,000 for the excavator. Does the parish need to re-list and go through the auction company or can the parish sell it directly to the bidder?
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May a Hospital Service District donate a surplus van to the local council on aging?
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Fire District received a donated ambulance but no longer needs it. The District attempted to sell the surplus ambulance via public auction for $2,500 but received no bids. The District is now receiving inquiry into purchase of the ambulance. Can the District sell directly to the individual?
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A levee district has some equipment it is getting ready to surplus. The town wants to buy one of the tractors. After declaring the equipment surplus, can the District sell the tractor to the town or does it have to be publically bid?
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A school was donated a golf cart. The item is not being used; therefore, they are looking into raffling the item. They would get the appropriate license from the OCG. Is this okay to do?
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Is there a procedure to dispose of a "totalled" vehicle with a value of $500.00?
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Municipality is trying to dispose of old police vehicles. The vehicles are in terrible condition and the only value will be as scrap. In trying to determine Fair Market Value (FMV) even the lowest Blue Book value is clearly much more than the vehicles are worth because they are in such poor condition (not running, bodies crushed from accidents, no windshields, etc.). How can the municipality determine a true FMV in this case?
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Would you please provide guidance as to disposing of capital assets? I have a parish library that's going to do some major renovations and wants to make sure that they are in compliance with state statutes relative to disposing of some assets. The librarian prefers something in writing that she can share with the board.
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The hospital district would like to dispose of some Recovered Asphalt Pavement (RAP) can the hospital give this RAP to the city to use to repair nearby streets?
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What is the process to sell surplus movable property?
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A hospital service district advertised for 4 construction projects at the same time. The ad specified that four separate sealed bids would be required of each bidder. Their intention is to award to one contractor with the overall lowest bid for all 4 projects. Do they need to re-advertise? Time is of the essence here because some of this is COVID funds that must be expended by June 30, 2020.
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Are Type 5 Charter Schools (BESE Approved) required to comply with the surplus property laws when disposing of surplus movable property?
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I know there is a procedure for disposition of surplus of property (of value). But what about broken equipment? Can the Police Department throw away a broken office chair? Or is there a procedure to follow?
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We have a client who has advertised for the sale of "junked vehicles". In two instances, they received two bids from two different bidders for the same amount. These two bids are the only bids that the entity received and therefore, both are the "lowest bidders". What process/how do they determine who to award the bid to?
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Can the Fire Protection District donate surplus equipment to a neighboring Fire Protection District with whom it has a mutual aid agreement?
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The public entity has a vehicle it no longer needs and is preparing for the office to sell it as surplus property. The question is in regards to this line in the LLA’s Surplus Property FAQ: “Notice of the sale should be published at least once, at least 15 days prior to the sale, indicating the minimum bid of the appraised value of the item and the entity’s right to reject any and all bids.” Does the requirement to publish the appraised value of the vehicle ($35,000) as the “minimum bid” that mean the public entity cannot accept bids lower than that? What happens if they do not get a bid for the appraised value (i.e., they all come in lower than $35,000)?
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Can a municipality categorize a K-9 as surplus property then donate the police K-9 to its handler after the K-9 has been retired? If not, can the K-9 be donated to a nursing home or other non-profit?
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Q.1. Can a political subdivision trade in a surplus vehicle as part of the purchase process for the new vehicle? Q.2. Is the purchase of a building by a political subdivision subject to the Public Bid Law? Are there any laws which specifically address this?
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What is the notice provision for sale of surplus movable of a political subdivision?
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The Fire Department has an old surplus truck, which was appraised for approximately $2,000. The truck was placed for sale online over a year ago, pursuant to R.S. 33:4711.1. The Department has now received a bid of $1,500, may it go ahead and sell the truck for this price? The Department also has a collection of surplus items taking up space in its warehouse. Collectively, the items have a value of less than $5,000. How should the Department proceed to sell these items?
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Does a Sheriff have to follow the Surplus Property Law to dispose of the spent bullet casings leftover after shooting at a gun range or can he just take them to a salvage yard to sell them?
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May the school dispose of surplus movable property through a lottery?
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How can the parish dispose of scrap metal?
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Is it okay for the Parish President to spend maintenance funds to fix up property that the council has declared as surplus prior to the auction in order to “enhance its value” (get a better price) at the auction? For example, after a vehicle is declared surplus, Parish President may have tires fixed/replaced before auction to get a higher bid.
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May a municipal government buy a piece of equipment on state contract and trade in a piece of surplus equipment or does the surplus equipment have to be sold at auction?
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Does the police department have to get three quotes to dispose of and exchange seized weapons for weapons that the department can use?
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The former Tax Assessor has a car and the present Tax Assessor wants to trade the car in for a used truck. What steps need to be taken in order to get this done?
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Guidance on surplus of library books.
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Can Parish use internet auction to sell movable property?
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Does a local government, using an internet computer auction website for an item of surplus property, and properly advertising that auction, have to re-advertise the auction after receiving, and rejecting, a bid that did not meet the minimum price. The local government wants to keep the item up for bid on the auction website; however, in a non-internet auction, when an item fails to receive the minimum bid, after rejecting that bid, the entity would normally schedule a 2nd auction on another day for that surplus property, which would be advertised again.
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If a Lawrason act Municipality passes an ordinance to raise the pay of municipal officers and the mayor can the pay raise take effect immediately upon passage or must the towns budget first be amended to reflect and provide for the increases in pay which was previously set forth in the budget?
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Village declared 3 cars as surplus with a $2,000 minimum bid. This was a sealed bid and advertised as such. The one bid received was slightly lower than the minimum bid asked for. Can the Village accept this bid, or do they need to re-advertise?
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The council advertised surplus vehicles for public bid and received no bids. What can they do?
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How do we sell a small building appraised at $5,200?
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The Parish owns a piece of immovable property that has not been used in years and is no longer needed. A private citizen has inquired about buying it and made an offer. The Parish knows it has to get an appraisal and has to get fair market value but when looking at the proper procedures to follow they were referred to R.S. 33:4712. However, that statute says it is for municipalities. Are the procedures in R.S. 33:4712 the correct procedures for the Parish to use for the surplus and sale of immovable property?
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What is the notice provision for sale of surplus movable of a political subdivision?
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The city owns a 12 year old K9 which needs to be retired. I am informed by the owner of US K9 that the market value of the dog is $0.00. Being mindful of the prohibition of donating public property, is there a way for the city to transfer this dog to its handler without running amok?
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They have computers and towers that are obsolete which they are no longer using. Needs guidance on what to do with the old equipment.
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May the fire district donate a fire truck that it no longer needs to another fire district?
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What is the procedure for sale of immovable property by a fire district?
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What is required to sell immovable property by a municipality?
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The fire district has followed all of the legal requirements to dispose of surplus property but received no bids. What should they do next?
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The Village has 3 motors they replaced in its water plant. The Mayor and council would like to donate the old motors to a neighboring village. The old motors are not worth more than scrap but the neighboring village may be able to use them for parts. Can they do this?
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Police Jury leased a garbage truck in 2011. In 2013 the police jury declared an emergency and traded this truck in for a new truck (truck was a lemon) Can the leased truck be treated like surplus property?
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The Parish has a piece of immovable property that is not used. The adjacent landowner has asked the Parish if it is willing to sell the property to him at whatever the appraised price is. Can the Parish sell the land to the adjacent landowner through a private sale or do they have hold a public auction?
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What are the laws regarding disposing of old computers?
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What procedures should a type 1 charter school, which is not undergoing dissolution, use in disposing of surplus property in order to purchase updated equipment?
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May a sheriff's law enforcement district sell surplus immovable property and what is the procedure?
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Can the Police Jury legally swap a parcel of land consisting of approximately .57 acres for right-of-way access needed to reach the Parish Sanitary Landfill, which the Police Jury recently began operating?
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Can the police department destroy surplus property instead of selling it as the property that has very little value, if any?
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Question #1) Police Officer resigned from the police department. Three years ago, he bought lights (for patrol car) with his own money. Now that he has resigned he wants to be reimbursed. The town’s policy is not to reimburse without an invoice. The former officer then asked if the town could swap out his bullet proof vest as reimbursement for the lights since they are custom fitted. The Town Clerk’s question is, can they do this? Question #2) The police officer would like to buy the vest. Can they sell it out right to the former officer or do they have to surplus it?
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Can a Sheriff's office pay the expenses for care of a retired K9 dogs, if the Sheriff retains ownership of the former service dogs?
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How can parish libraries handle overdue library fees?
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The library’s old malfunctioning chiller was declared as surplus by the Board. It did not sell in auction. The only bidder who was interested decided to back out. What options does the library have now? Can they dispose of the unit when it is replaced by the new one?
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The library donated surplus property (furniture and computers) through a Cooperative endeavor Agreement (CEA) to a non-profit. An officer of the board of the non-profit is also a board control member for the library. The assistant library director confirmed the shared board member. Is this a related party transaction or an ethics violation?
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An entity has a piece of heavy equipment it wants to surplus. Can the sale be advertised and have sealed bid submitted rather than an auction? Also, how many times must the notice of sale be published in the official journal and what should be in the notice?
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May a Parish Housing Authority donate a surplus vehicle to a non-profit, specifically the Boy Scouts of America?
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The Town is moving its employees from the current town hall building into a new location. The Town would like to sell the current town hall building, as it is no longer needed. What is the process for this?
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Is a sheriff required to comply with the provisions of the Public Bid Law in order to purchase surplus property (boat) from the US. Government?
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A BESE authorized charter school has desks that were purchased with public funds (State and Federal) that are no longer needed. Can the Academy sell those desks to the public?
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Q.1. Private property subject to a $7,000 lien by the city for construction of a paving lane was sold from the private owner to another private owner in 2010. At the time of the sale, the title company did not find the city’s lien of $7,000. Buyer specifically checked with city and, due to an internal error by the city, received a document stating that there was no lien on the property for the paving lane. This year, the city sent him a bill for the $7,000. The owner has retained an attorney and has offered to settle the lien for a lesser amount. Can the city do this without violating Art. VII, Sec. 14 of the Louisiana Constitution? Q.2. The city purchased property next to the fire house to expand it. The property has a residential house on it that is not needed. The city would like to, if possible, sell the house only with the purchaser moving the house off of the land at his own expense. This would save the city the cost of demolition. Is that permissible?
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A public entity, which is a political subdivision of the state, would like to sell surplus vehicles to another public entity. Do the processes for the purchase of materials and supplies and/or sale of surplus property (advertisement, bids, etc.) need to be followed when the transaction is between two Louisiana public entities?
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Fire Department has a used fire truck that they want to sell to another fire department. Is this allowable? They will get more from this sale then they would trading it in.
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Is there anyway that a small village could advertise for sale, old street signs that are being replaced? Citizens are wanting as memorabilia, etc. Could they advertise for sale per sign to highest bidder and then whoever wanted one, pay that same price?
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What is the procedure for selling surplus computers?
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A law enforcement agency has a distributor who wants the law enforcement group to do a trade-in on the camera equipped vests saying it would be better to trade in than to repair. Can they do it?
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The Parish served as a passthrough for a Federal Grant Program for the U.S. Department of Agriculture (USDA) that provided loans to encourage rural business development. The Parish, as the pass through for the grant, was the mortgage holder of the grantee’s property that was used as collateral for a loan under the grant program. The grantee’s business ended up failing and the Parish then foreclosed on the property to attempt to sell the property and collect the money on behalf of the USDA. At the foreclosure sale, none of the bids met the minimum appraised value approved by the USDA and the Parish was placed into possession of the property (as holder for the USDA). After a few years passed, the USDA sent the Parish a letter directing them to sell the property for at least a minimum stated amount and to forward the proceeds to the USDA. This would satisfy the Parish’s outstanding obligations to the USDA as the passthrough on the grant. The Parish announced a sale of the property but was unable to obtain any bids for the minimum price authorized by the USDA. After the sale, various bidders approached the Parish to purchase portions of the property. The offered amounts would collectively exceed the minimum amounts authorized by the USDA. May the Parish sell the property in question without having to treat it as surplus property and follow the surplus property rules?
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Are there any special rules for the surplus of Firearms by Law Enforcement Agencies? Can a sheriff trade in a surplus firearm as part of a purchase of new equipment from a firearm dealer?
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May a parish drainage district trade-in an old piece of equipment towards the purchase of a new one under state contract?
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Can a municipality sell immovable property to another municipality without the necessity of bids?
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A Fire District has a surplus fire truck that has been appraised for $10,000. Can they sell it to another Fire District for $10,000 rather than put it up for public auction?
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Which statutes address the disposal of surplus firearms of a municipal police department?
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Fire District has several old aluminum air tanks (the tanks the firemen carry on their backs to breathe when they go into fires). They are so old that they can no longer be tested/be in service. The District has adopted a resolution surplusing the tanks and followed the standard safety protocols by drilling holes in them to prevent them being used accidentally. Can the District now throw the tanks away as they take up a lot of room in the equipment locker?
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Can the Fire District choose to revoke its decision to surplus a damage vehicle and instead repair the vehicle since they discovered it would be the cheaper option?
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District is selling an airplane that is no longer needed. The District went through the public bid process with only one bidder from overseas whom never responded after multiple attempts as well as a certified mailing. Now the District would like to use a broker to sell the plane since they only had the one bidder. As best practices are the first thoughts that come to mind, is the District allowed to take this route?
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I have recently been tasked with overseeing the disposal of surplus movable assets of my agency. Where can I find additional information concerning the various methods for the disposal of surplus movable public property?
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The fire department purchased new generators for its stations and its board has declared by resolution the old generators as surplus. The department is seeking to sell the old generators (appraised at $2,200 and $1,200) through sealed bids under R.S. 33:4712(F). What advertisement is required prior to the bid opening?
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What procedures does the district have to follow to dispose of surplus movable property?
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How can the library sell surplus movables such as obsolete equipment?
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Once an ad is placed for an auction of public property, can the public entity sell the property before the auction?
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What is the procedure for sale by local political subdivisions of surplus movable property with a value of over $5,000?
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How does a political subdivision dispose of surplus movable property if it did not sell at auction?
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Fire district donated a fire truck to a village without a Cooperative Endeavor Agreement (CEA). Is a CEA required or is it just best practice?
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Charter School has some obsolete equipment. They can't find any statutes that give them reasonable certainty on what to do with this equipment and these items are sitting unused and taking up space for the school. They are seeking information on disposal, salvage or sale rules for this equipment. The school has about $100k Fair Market Value (FMV) in obsolete Macbooks. The technology department states that the equipment's components would be where any value lies. Some Federal Funds may have been utilized to acquire these items originally. The school desires to dispose of these items, but at the minimum want to offset any costs of disposal. At most they want to offset as much of the initial investment as possible. Can the LLA provide them with the guidelines for proper disposal of these items?
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How can a quasi-public not for profit dispose of obsolete movable property?
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Law enforcement agency has several firearms they'd like to trade in on new/uniform models. Some were purchased by City, and a few may have been seizures. Referencing R.S. 40:1798: can agency have council approve items as surplus, then trade them in on the new/updated lot agency wants to purchase, for City owned and seized firearms (provided subsections C & D don’t apply).
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Is it against Louisiana Bid Law for a Municipality to request a 3 year buyback option on a bid procuring a new Refuse Truck?
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Type 2 Charter School (Chartered by BESE) has some old laptops they would like to update with desktops. The computer store is telling them they can give them a "trade-in" discount on the laptops. Can the charter school do this?
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Is the parish required to post the ad for the disposal of surplus property on their website and accept bids for the items on via the website since we have one? If so, can you please direct me to the statue that would mandate that?
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If the appraised value of a vehicle is over $5,000, the vehicle which appraised at $6,000 was advertised and the first ad produced no bids and after the second ad one bid was received for $5,600 which is lower than the appraised value, how can the entity sell the vehicle?
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Are there instances where the public bid law would apply to the purchase of vehicles from the Federal Surplus?
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Public Entity has several TV carts that are no longer used and do not have a lot of value. Several employees have mentioned that they would want to buy these carts if they were available. What is the procedure for selling these carts?
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Q.1. The Parish Ambulance District donated a used vehicle to the Parish Police Jury. My reading of the law is that this would not be allowed as the Police Jury handles public works, not public safety. Is this correct? Q.2. Does a member (or members) of the ambulance district have the right to know the salaries of the Ambulance Districts employees? Can the Director furnish this salary information to Board members outside of an open meeting?
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A 911 communications district has declared a vehicle as surplus property and would like to donate it to the Parish Sheriff's Office. The Chairman of the 911 communications board is an employee of the Sheriff. May the 911 communication district donate a surplus vehicle to the Sheriff under the above circumstances without violating Article VII, §14 or the Code of Government Ethics?
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