[HISTORY: Adopted by the Common Council of the City of Prescott as Title 3, Ch. 4, of the former City Code. Amendments noted where applicable.]
As used in this article, the following terms shall have the meanings indicated:
- SURPLUS CITY PROPERTY
- That property which is owned by the City of Prescott and which has no further usefulness to the City.
- A. An item of property shall be considered to have no further usefulness when:
- (1) The item or its function has been totally replaced by other City property and no probable future function exists for it;
- (2) 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
- (3) The item is no longer able to reliably or economically perform the work required of it.
- B. Surplus City property as defined in this article shall not include:
- (1) 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.
- (2) Property which is obtained by the City as a result of abandonment or loss by the property's original owner.
- (3) Items of property which are traded in for newer items.
- (4) Library materials used by the public library for lending purposes.
Each department will file a report with the City Clerk annually to be included with the department budget stating what property is currently held by the department and that property which is ready for disposal. A copy will be given to the Council and Mayor.
All property owned by the City of Prescott, which is no longer used, or is unclaimed property which has been surrendered to various City departments, as well as other property which has been confiscated by the Police Department, shall only be disposed of as follows:
In the event of a public auction or sale by sealed bid, the item will be sold in as-is condition to the person submitting the highest bid; provided, however, that a lower bid submitted by a nonprofit organization or governmental agency may be accepted by the City Clerk. The department head responsible for the item shall determine the time in which the successful bidder must remove the item. In the event 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. In the event no bids are received, the item shall be disposed of as directed by the Common Council.
The City Clerk shall, within 10 days of sale, auction or accepting bids, advertise such sale, auction, or bids in the official newspaper of the City of Prescott.
Whenever the fair market value of an item is $100 or less and it has been determined, pursuant to the previous section, that it is surplus City property, the item shall be either disposed of as set forth above or destroyed upon approval by the Council.
Whenever this article requires a determination of the fair market value of an item of property, that determination shall be made by the Common Council, whose decision shall be final.
Except for library materials used by the public library for lending purposes, only the Common Council may dispose of City property which is not surplus City property.
Whenever this article provides for an auction or other disposition of any property, the City Clerk shall be authorized to hire an auctioneer or take such other action as is necessary to properly dispose of the property with Council approval; provided, however, that the fees of such auctioneer and all such costs, other than those for City labor and the use of City property, do not exceed the payment received by the City from the auction or sale of the property.
Property which appears to be lost or abandoned, discovered by officers or turned in to the Chief of Police by citizens shall be disposed of according to this article.
Lost and abandoned property will be examined by the Chief of Police for identifying marks in an attempt to determine the owner. If identifying marks are present, they shall be used by the Chief of Police to attempt to contact the owner to return the property. If no identifying marks are present, the property shall be taken into custody by the Chief of Police.
No City employee shall keep for his or her own use property found in the course of duty, nor take possession of property during off-duty hours when the discovery was made while on duty.
The Chief of Police shall permit citizens to claim lost property if they can provide sufficient proof that they are rightful owners. No City employee shall receive any lost, stolen, abandoned or other unclaimed property from the Chief of Police, unless that person receives a written receipt signed by the Chief of Police, a copy of which shall remain with the City Clerk.
Classes of property. All property which has been abandoned, lost or remained unclaimed for a period of 30 days after the taking of possession of the same by the City shall be disposed of as follows, except that if the property is usable for City operations, the property need not be sold at auction, but may become the property of the City.
Intoxicating liquor and fermented malt beverages. Intoxicating liquor and fermented malt beverages shall be destroyed.
Firearms, ammunition and explosives. Firearms or ammunition shall be returned to its rightful owner, destroyed, or transferred to the State Crime Laboratory, the Division of Law Enforcement Services of the Department of Justice, the Federal Bureau of Investigation or the Bureau of Alcohol, Tobacco, Firearms and Explosives of the United States Department of Justice. Any explosive, flammable, or other material proving a danger to life or property may be disposed of immediately upon taking possession thereof. The Chief of Police and the Fire Chief, after consulting with the County Sheriff's Department, are hereby authorized to determine the disposal procedure; provided, however, that any such procedure will attempt to return to its rightful owner any such material which appears to have been stolen.
Other property. Other property shall be disposed of according to the procedures in Article I of this chapter.
Illegal property. Property which cannot be legally possessed shall be destroyed.
Lost property. Property which is found by persons and delivered to the Chief of Police for the purpose of locating the former owner shall not be considered abandoned or unclaimed under this section until 30 days after mailing to the person finding the property a notice that he may claim ownership of said property. The Chief of Police shall determine what portion, if any, of the property or its value shall be given the finder. This provision shall not apply to any City employee finding property in the regular course of his employment.
Payment to City Treasury. All sums received from the sale of property under this section shall be paid to the City Treasury.