All, is there a statutory provision that permits a municipality to transfer surplus property to another municipality for free or at a price other than fair market value? I believe the state can do that for counties and municipalities but I am not aware of a like provision for municipal transfers. The subject property has more than a de minimis value. Thank you. -- Thomas Marcum Durant City Attorney tmarcum@durant.org

#6 in the attached OML Fact sheet says that such a transfer is not permitted. From: Tom Marcum <tmarcum@durant.org> Sent: Wednesday, February 8, 2023 4:00 PM To: OAMA@lists.imla.org Subject: [Oama] Transfer of assets to another governmental entity All, is there a statutory provision that permits a municipality to transfer surplus property to another municipality for free or at a price other than fair market value? I believe the state can do that for counties and municipalities but I am not aware of a like provision for municipal transfers. The subject property has more than a de minimis value. Thank you. -- Thomas Marcum Durant City Attorney tmarcum@durant.org<mailto:tmarcum@durant.org>

Thank you. Tom On Wed, Feb 8, 2023 at 8:11 PM Tammy Ewing <tammy@ewing.legal> wrote: > #6 in the attached OML Fact sheet says that such a transfer is not > permitted. > > > > *From:* Tom Marcum <tmarcum@durant.org> > *Sent:* Wednesday, February 8, 2023 4:00 PM > *To:* OAMA@lists.imla.org > *Subject:* [Oama] Transfer of assets to another governmental entity > > > > All, is there a statutory provision that permits a municipality to > transfer surplus property to another municipality for free or at a price > other than fair market value? I believe the state can do that for counties > and municipalities but I am not aware of a like provision for municipal > transfers. The subject property has more than a de minimis value. Thank > you. > > > > -- > > Thomas Marcum > > Durant City Attorney > > tmarcum@durant.org > -- Thomas Marcum Durant City Attorney tmarcum@durant.org

Tom, we’ve worked to accomplish this by executing a contract that provides for mutual cooperation in exchange for the goods. For example, one of the municipal volunteer fire departments I work with had some radios that they wanted to transfer to another volunteer department to use. We developed an agreement whereby the receiving department would render aid to the transferring department in exchange for the radios. Kim Spady From: Tom Marcum <tmarcum@durant.org> Sent: Thursday, February 9, 2023 11:41 AM To: Tammy Ewing <tammy@ewing.legal> Cc: OAMA@lists.imla.org Subject: [Oama] Re: Transfer of assets to another governmental entity Thank you. Tom On Wed, Feb 8, 2023 at 8:11 PM Tammy Ewing <tammy@ewing.legal <mailto:tammy@ewing.legal> > wrote: #6 in the attached OML Fact sheet says that such a transfer is not permitted. From: Tom Marcum <tmarcum@durant.org <mailto:tmarcum@durant.org> > Sent: Wednesday, February 8, 2023 4:00 PM To: OAMA@lists.imla.org <mailto:OAMA@lists.imla.org> Subject: [Oama] Transfer of assets to another governmental entity All, is there a statutory provision that permits a municipality to transfer surplus property to another municipality for free or at a price other than fair market value? I believe the state can do that for counties and municipalities but I am not aware of a like provision for municipal transfers. The subject property has more than a de minimis value. Thank you. -- Thomas Marcum Durant City Attorney tmarcum@durant.org <mailto:tmarcum@durant.org> -- Thomas Marcum Durant City Attorney tmarcum@durant.org <mailto:tmarcum@durant.org>

Thank you, Kim. That is exactly what I had in mind to satisfy the consideration and public purpose requirements. Tom On Thu, Feb 9, 2023 at 11:45 AM <Kim@spadylaw.com> wrote: > Tom, we’ve worked to accomplish this by executing a contract that provides > for mutual cooperation in exchange for the goods. > > For example, one of the municipal volunteer fire departments I work with > had some radios that they wanted to transfer to another volunteer > department to use. We developed an agreement whereby the receiving > department would render aid to the transferring department in exchange for > the radios. > > > > Kim Spady > > > > > > *From:* Tom Marcum <tmarcum@durant.org> > *Sent:* Thursday, February 9, 2023 11:41 AM > *To:* Tammy Ewing <tammy@ewing.legal> > *Cc:* OAMA@lists.imla.org > *Subject:* [Oama] Re: Transfer of assets to another governmental entity > > > > Thank you. > > > > Tom > > > > On Wed, Feb 8, 2023 at 8:11 PM Tammy Ewing <tammy@ewing.legal> wrote: > > #6 in the attached OML Fact sheet says that such a transfer is not > permitted. > > > > *From:* Tom Marcum <tmarcum@durant.org> > *Sent:* Wednesday, February 8, 2023 4:00 PM > *To:* OAMA@lists.imla.org > *Subject:* [Oama] Transfer of assets to another governmental entity > > > > All, is there a statutory provision that permits a municipality to > transfer surplus property to another municipality for free or at a price > other than fair market value? I believe the state can do that for counties > and municipalities but I am not aware of a like provision for municipal > transfers. The subject property has more than a de minimis value. Thank > you. > > > > -- > > Thomas Marcum > > Durant City Attorney > > tmarcum@durant.org > > > > > -- > > Thomas Marcum > > Durant City Attorney > > tmarcum@durant.org > -- Thomas Marcum Durant City Attorney tmarcum@durant.org

I did something similar to Kim, but with regard to SCBA's from a paid FD that the Chief wanted to transfer to a Volunteer FD. Same type of deal *- *in exchange for City giving you these things the Town VFD agrees to render aid to the City at City's request. On Thu, Feb 9, 2023 at 11:49 AM Tom Marcum <tmarcum@durant.org> wrote: > Thank you, Kim. That is exactly what I had in mind to satisfy the > consideration and public purpose requirements. > > Tom > > On Thu, Feb 9, 2023 at 11:45 AM <Kim@spadylaw.com> wrote: > >> Tom, we’ve worked to accomplish this by executing a contract that >> provides for mutual cooperation in exchange for the goods. >> >> For example, one of the municipal volunteer fire departments I work with >> had some radios that they wanted to transfer to another volunteer >> department to use. We developed an agreement whereby the receiving >> department would render aid to the transferring department in exchange for >> the radios. >> >> >> >> Kim Spady >> >> >> >> >> >> *From:* Tom Marcum <tmarcum@durant.org> >> *Sent:* Thursday, February 9, 2023 11:41 AM >> *To:* Tammy Ewing <tammy@ewing.legal> >> *Cc:* OAMA@lists.imla.org >> *Subject:* [Oama] Re: Transfer of assets to another governmental entity >> >> >> >> Thank you. >> >> >> >> Tom >> >> >> >> On Wed, Feb 8, 2023 at 8:11 PM Tammy Ewing <tammy@ewing.legal> wrote: >> >> #6 in the attached OML Fact sheet says that such a transfer is not >> permitted. >> >> >> >> *From:* Tom Marcum <tmarcum@durant.org> >> *Sent:* Wednesday, February 8, 2023 4:00 PM >> *To:* OAMA@lists.imla.org >> *Subject:* [Oama] Transfer of assets to another governmental entity >> >> >> >> All, is there a statutory provision that permits a municipality to >> transfer surplus property to another municipality for free or at a price >> other than fair market value? I believe the state can do that for counties >> and municipalities but I am not aware of a like provision for municipal >> transfers. The subject property has more than a de minimis value. Thank >> you. >> >> >> >> -- >> >> Thomas Marcum >> >> Durant City Attorney >> >> tmarcum@durant.org >> >> >> >> >> -- >> >> Thomas Marcum >> >> Durant City Attorney >> >> tmarcum@durant.org >> > > > -- > Thomas Marcum > Durant City Attorney > tmarcum@durant.org > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >