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(A) Civil code provisions apply. The city elects to be governed by the provisions of Cal. Civ. Code § 2080-2080.9 with respect to unclaimed property.
(`67 Code, § 7-13-1)
(B) Unclaimed property.
(1) Any unclaimed property shall be held by the Riverbank Police Services Division for a period of at least four months, except bicycles which may be held for three months.
(2) Thereafter such property will be sold at public auction to the highest bidder.
(3) Notice of such sale shall be given by the Sheriff's Commanding Officer at least five days before the time fixed for the public auction by publication once in a newspaper of general circulation published in the county in which the property is found.
(4) Any property remaining unsold after being offered at such public auction may be destroyed or otherwise disposed of by the city.
(5) If the city determines that any such property is needed for a public use, such property may be retained by the city and need not be sold. Any unclaimed bicycles or toys which are unclaimed for a period of at least three months may be turned over to the Probation Officer or to the Welfare Department of Stanislaus County for use in any program of activities designed to prevent juvenile delinquency.
(`67 Code, § 7-13-2) (Ord. 76-3, passed 2-9-76)
(C) Disposition of surplus property.
(1) No vehicles, equipment, materials and other items that become surplus to the city and owned by the city shall be disposed of except after approval by the City Council and in accordance with the procedures set forth in this section.
(2) The following procedure(s) shall be used for the disposal of city property:
(a) 1. Each department director shall submit to the Finance Director, at such times and in such forms as the Director prescribes, reports showing all commodities and equipment that are no longer used or that have become obsolete or worn out.
2. The Finance Director has the authority to sell or otherwise dispose of all commodities and equipment that cannot be used by any department, or that have become unsuitable for city use, or to exchange the same for, or trade the same in on, new commodities and equipment.
(b) The Finance Director shall prepare a combined inventory of all surplus items, and forward a copy to the City Manager.
(c) The City Manager shall make a copy of the inventory, prepare a report, and place the item on the City Council agenda, requesting approval to dispose the inventory items.
(d) Upon approval by Council, disposition may include abandonment, destruction or donation to public bodies, charitable, civil or nonprofit organizations in the city.
1. Sales procedures may include negotiated sales, acceptance of sealed bids or public auction.
2. Services of a paid auctioneer may be used, as appropriate.
(e) Annually, the City Clerk will send a letter to all nonprofit agencies in the city, and publish in the local newspaper the procedures for disbursing surplus items to nonprofit agencies.
1. The City Clerk shall keep a list of the nonprofit agencies interested in receiving surplus items.
2. Once City Council approves any item(s) surplus, the City Clerk will forward a letter to all interested nonprofit agencies listing the surplus item(s).
3. Items will be disposed on a first-come, first-served basis.
(f) All monies received from the sale of surplus items shall be promptly deposited in the fund accounts of the city according to the city code.
(3) No city employee, nor a member of the immediate family of a city employee, may purchase any item from the city at auction or by sealed bid.
(a) As used herein, CITY EMPLOYEE shall mean and be construed as any person employed by the city and elected officials of the city.
(b) As used herein, IMMEDIATE FAMILY OF EMPLOYEE shall mean and be construed as the spouse, children and parents of any employee.
(4) No person acting on behalf of a city employee shall purchase any unclaimed or surplus property from the city at auction or by sealed bid.
(`67 Code, § 7-13-3) (Am. Ord. 78-16, passed 10-9-78; Am. Ord. 2006-013, passed 11-27-06)