[HISTORY: Adopted by the Common Council of the City of Glenwood
City 12-1-2003 by Ord. No. 2003-02 as Title 3, Ch. 4, of the 2003 Code. Amendments noted where
applicable.]
Surplus
City property is that property which is owned by the City of Glenwood
City and which has no further usefulness to the City. An item of property
shall be considered to have no further usefulness when:
Surplus
property as defined in this section shall not include 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. Surplus City property shall
not include:
Determination of surplus City property. Whenever an item of City
property is determined to be surplus City 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.
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. In the event no bids are received, the item shall be disposed
of as directed by the Common Council.
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.
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, 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 section.
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.
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:
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]
Other property with a fair market value of over $100. An item
of property with a fair market value of more than $100 shall be sold
at public auction or by sealed bid.
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 Common Council or its designee shall determine
the time in which the successful bidder shall remove the property.
In the event 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.
Any member of the Common Council or designee 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.
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.