(A) Disposal of unclaimed property.
(1) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates, or requires, a different meaning.
ABANDONED PROPERTY. Tangible, or intangible, property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner, and has been in the possession of the city for at least 60 days, and has been declared by a resolution of the Council.
(2) Preliminary notice. If the City Manager, or City Clerk-Treasurer, knows the identity, and whereabouts, of the owner, he or she shall serve written notice upon him or her at least 30 days prior to a declaration of abandonment by the Council. If the city acquired possession from a prior holder, the identity, and whereabouts, of whom are known by the City Manager, or City Clerk-Treasurer, notice shall also be served upon him or her. The notice shall describe the property, and state that unless it is claimed and proof of ownership, or entitlement to possession established, the matter of declaring it abandoned property will be brought to the attention of the Council after the expiration of 30 days from the date of the notice.
(3) Notice and sale. Upon adoption of a resolution declaring certain property to be abandoned property, the City Manager, or City Clerk-Treasurer, shall publish a notice thereof describing the same, together with the names (if known) and addresses (if known) of prior owners and holders thereof, and including a brief description of the property. The text of the notice shall also state the time, place, and manner of sale of all such property, except cash and negotiables. The notice shall be published once in a legal newspaper at least ten days prior to the sale. Sale shall be made to the highest bidder at public auction or sale, or by a nonprofit organization with a significant mission of community service in a private sale in the manner authorized by statute.
(4) Funds and claims thereon. Expenses shall be paid from the proceeds of the sale; the balance of the proceeds shall be paid into the General Fund of the city if the property was disposed of by a public auction or sale; or, in the case of a private sale, to the nonprofit organization authorized to conduct the sale. The former owner, if he or she makes claim within six months from the date of publication of the notice herein provided, and upon application, and satisfactory proof, of ownership, may be paid the amount of cash or negotiables, or, in the case of property sold, the amount received therefor, less a pro rata share of the expenses of storage, publication of notice, and sale expenses, but without interest.
(B) Disposal of excess property.
(1) Declaration of surplus, and authorizing sale of property. The City Manager may, from time to time, recommend to the Council that certain personal property (chattels) owned by the city is no longer needed for a municipal purpose, and should be sold. By action of the Council, the property shall be declared surplus, the value estimated and the City Manager authorized to dispose of the property in the manner stated herein.
(2) Surplus property with a total estimated value of less than $100. The City Manager may sell surplus property with a total value of less than $100 through negotiated sale.
(3) Surplus property with a total estimated value between $100 and $500. The City Manager shall offer for public sale, to the highest bidder, surplus property with a total estimated value of from $100 to $500. Notice of the public sale shall be given, stating the time and place of sale, and generally describing the property to be sold, at least ten days prior to the date of sale, either by publication once in the official newspaper, or by posting in a conspicuous place in the City Hall, at the City Manager’s option. The sale shall be by auction.
(4) Surplus property with a total estimated value over $500. The City Manager shall offer for public sale, to the highest bidder, surplus property with a total estimated value over $500. Notice of the public sale shall be given, stating the time and place of sale, and generally describing property to be sold, at least ten days prior to the date of sale by publication once in the official newspaper. The sale shall be to the person submitting the highest bid.
(5) Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the General Fund.
(C) Persons who may not purchase; exception.
(1) City employees. No employee of the city who is a member of the administrative staff, department head, a member of the Council, or an advisor serving the city in a professional capacity, may be a purchaser of property under this section. Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder, and if at least one week’s published, or posted, notice of sale is given.
(2) Prohibited purchases. It is unlawful for any person to be a purchaser of property under this section if the purchase is prohibited by the terms of this section.
(Prior Code, § 2.60) (Ord. 27, second series, passed 12-21-1981; Ord. 154, second series, passed 10-20-1998) Penalty, see § 10.99