[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 3,
Ch. 4, of the 1993 Code. Amendments noted where applicable.]
A.
Definition.
(1)
Surplus City property is that property which is owned by the City
of Marion and which has no further usefulness to the City. 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 as ded in this section shall not include:
(a)
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.
(b)
Property which is obtained by the City as a result of abandonment
or loss by the property's original owner.
(c)
Library materials used by the public library for lending purposes.
B.
Determination of surplus City property.
(1)
Whenever an item of City property is determined to be surplus property
on the basis that the City no longer performs the service for which
the item was purchased, the Common Council shall determine whether
or not the item is surplus City property.
(2)
Whenever the fair market value of an item is more than $500 and the Common Council has determined, pursuant to the Subsection B(1), that the item is surplus City property, the department head responsible for the item shall dispose of the property by:
(3)
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 Common
Council. The department head responsible for the item shall determine
the time in which the successful bidder must remove the item. In the
event that 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 that no bids are received, the item shall be
disposed of as directed by the Common Council.
(4)
No public auction or awarding of bids shall occur under this section
unless a description of the item to be sold and an advance notice
of the time and place for such auction or bid submission is first
published as a Class 2 notice in the official City newspaper.
C.
Determination of fair market value. 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.
Authority to dispose of property.
(1)
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.
(2)
Whenever this section provides for an auction or other disposition
of any property, the Common Council shall be authorized to hire an
auctioneer or take such other action as is necessary to properly dispose
of the property; provided, however, that the fees of such auctioneer
and all such costs, other than those for City labor and the use of
City property, shall not exceed the payment received by the City from
the auction or sale of property.
A.
City custody of lost or abandoned property.
(1)
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 section.
(2)
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.
(3)
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.
(4)
The Chief of Police shall permit citizens to claim lost property
if they can provide sufficient proof that they are rightful owners.
(5)
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-Treasurer.
B.
Disposal procedures.
(1)
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:
(a)
Vehicles. Vehicles shall be disposed of as set forth in the applicable provisions of Chapter 568, Vehicles, Abandoned, of this Code.
(b)
Intoxicating liquor and fermented malt beverages. Intoxicating
liquor and fermented malt beverages shall be destroyed.
(c)
Firearms, ammunition and explosives. Firearms or ammunition
shall be returned to their 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.[1]
(d)
Other property with a fair market value of $100 or less. An
item of property with a fair market value of $100 or less shall be
destroyed or sold at public auction. Perishable property which deteriorates
to a fair market value of less than $100 shall be destroyed.
(e)
Other property with a fair market value of over $100. An item
of property with a fair market value or more than $100 shall be sold
at public auction or by sealed bid.
(f)
Illegal property. Property which cannot be legally possessed
shall be destroyed.
(2)
Disposal by auction or sealed bid.
(a)
Whenever any property under this section is sold by public auction
or sale or by sealed bid, such auction or the awarding of bids shall
be preceded by a Class 2 notice describing the property and arranging
the time and place for the auction or bid submission; such notice
shall be published in the official City newspaper. The property auctioned
or sold by sealed bid shall be sold in "as is" condition to the highest
bidder. No sale or auction shall occur until the Chief of Police has
determined that the property has no value to any probable investigation
or legal proceeding. The department head responsible for the property
shall determine the time in which the successful bidder shall remove
the property. In the event that the property is not removed within
that time, the property shall revert to the City and the amount of
the bid shall be forfeited to the City.
(b)
Any City official selling property under this section shall
maintain for two years an inventory of any property not disposed of
by auction or sale by sealed bid and shall include a record of the
date and method of disposal, any payment received for the property,
and the name and address of the person acquiring the property.
(3)
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 to the finder. This provision shall not apply to any
City employee finding property in the regular course of his employment.
(4)
Payment to City treasury. All sums received from the sale of property
under this section shall be paid to the City treasury.
