City of Lodi, WI
Columbia County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Lodi as § 6.02 of the City Code. Amendments noted where applicable.]

§ 259-1 Abandoned property.

Pursuant to § 66.0139, Wis. Stats., the Police Department is hereby authorized to dispose of any personal property which has been abandoned, or remained unclaimed for a period of 30 days after taking possession thereof by said Department, by the following means:
A. 
A record of such property shall be maintained, including an inventory of such property and a record of the date and method of disposal of the property, including the consideration received for the property, if any, and the name and address of the person or organization taking possession of the property.
B. 
Such records shall be maintained as a public record for a period of not less than two years from the date of disposal of the property.
C. 
All such property shall be disposed of to civic or charitable organizations operating within the City in the discretion of the Common Council for no consideration, except that property which is, in the opinion of the Chief of Police, of no value or usefulness may be disposed of as solid waste.

§ 259-2 Disposal of surplus City property.

[Added 7-7-2015 by Ord. No. A-485]
A. 
Definitions. The words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
B. 
Surplus City property. That property which is owned by the City and which has no further usefulness to the City.
(1) 
An item of property shall be considered to have no further usefulness when:
(a) 
The item or its function has been totally replaced by other City property, and no probable future function exists for it;
(b) 
The City no longer performs the service for which the item was purchased, and no other service can reasonably be provided by the item; or
(c) 
The item is no longer able to reliably or economically perform the work required of it.
(2) 
Surplus City property shall not include:
(a) 
Property which is obtained by the City as a result of abandonment or loss by the property's original owner.
(b) 
Land or buildings, but shall include fixtures and such salvage as may be taken from a building without structural damage, when such fixtures and salvage are not part of a demolition contract.
(c) 
Library materials used by the Lodi Public Library for lending purposes.
C. 
Reporting. Each department shall file with the Director of Administration on an annual basis a report stating what city property is currently held by each department and is ready for disposal.
Determination of fair market values. Whenever this section requires a determination of the fair market value of an item of property, that determination shall be made by the department head responsible for the property, whose decision shall be final.
D. 
Determination of surplus property.
(1) 
On items with a fair market value of over $5,000 the Lodi Common Council will determine an item of City property is surplus City property.
(2) 
On items with a fair market value of less than $5,000 the Department Head may make the determination that an item of City property is surplus City property.
E. 
Disposition.
(1) 
Whenever a determination of surplus City property is made, the department head responsible for the items shall dispose of the property by:
(a) 
Donation to a nonprofit organization within the City or to a governmental agency;
(b) 
Public auction;
(c) 
Sale by sealed bid;
(d) 
Negotiated sale;
(e) 
Trade in the surplus item on the purchase of a new acquisition.
(2) 
For a public auction, sale by sealed bid, or as a negotiated sale, the item will be sold by the city in "as-is" condition, with no guarantees provided to the purchaser.
(3) 
In a sale by public auction or sealed bid, the item shall be sold to the highest bidder.
(4) 
In the event a nonprofit organization or governmental agency has an interest in acquiring surplus property for less than fair market value, approval by the Lodi Common Council is required.
(5) 
The department head responsible for the item shall determine the time in which the successful bidder must take possession of the item. If the item is not removed within that time, the item shall revert to the City, and the amount of the bid shall be forfeited to the City. If no bids are received, the item shall be disposed of as directed by the Lodi Common Council.
F. 
Lodi Public Library authority to dispose of lending materials. The Lodi Public Library may dispose of obsolete lending materials in any reasonable fashion.