[HISTORY: Adopted by the Common Council of
the City of Lodi as § 6.02 of the City Code. Amendments
noted where applicable.]
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.
[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:
(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.
