Ordinance 2949CITY OF ALAMEDA ORDINANCE NO.
2949
New Series
AMENDING THE ALAMEDA MUNICIPAL CODE BY DELETING
SECTION 2-63.10 (THIRD PARTY CLAIMS) AND BY ADDING A NEW
SECTION 2-65 (DISPOSITION OF PROPERTY) CONSISTING OF
SECTIONS 2-65.THROUGH 2-65.TO ARTICLE V
(ADMINISTRATIVE POLICIES AND PROCEDURES)
BE IT ORDAINED by the Council of the City of Alameda that:
Section 1 The Alameda Municipal Code is hereby amended by
deleting section 2-63., Third Party Claims, from Section 2-, Lost , Stolen
and Unclaimed Property.
Section 2 The Alameda Municipal Code is hereby amended by
adding a new Section 2-, Disposition of Property, to Article V , Administrative
Policies and Procedures, to read as follows:
65.Definitions.
In this section:
Finance Director means the City Chief Financial Officer or his or her designee.
Surplus property includes surplus , damaged or inoperative goods , supplies or
equipment.
Unclaimed property includes lost , stolen and unclaimed property.
65.Duty to Report Unclaimed Property.
The Chief of Police and the Public Works Superintendent - Maintenance
Services Division shall , at the expiration of each fiscal year , make a report to
the Council of all unclaimed property which may be in their possession or under
their control. Within thirty (30) days after the date of the report , the Chief and
Superintendent shall turn over the property and money mentioned in the report
to the Finance Director , who shall issue a receipt for it. (See also Section 2-
regarding lost , stolen and unclaimed property received by the Police
Department.)
65.Surplus Property.
A department wishing to dispose of surplus property should contact the
Finance Director. Disposal of surplus property must be preceded by a
disposal form in order to dispose of the asset.
65.Disposal of Property.
The Finance Director is responsible for the disposal of unclaimed and
surplus property under this Section. The Director has the authority to dispose
of surplus and unclaimed property by any of the following methods , in his or her
discretion:
retained by the City when the Director determines there is a need for it.
b. transferred to a non-profit corporation which has either received a grant
from the City to provide public services or has entered into a written agreement
with the City.
sold, following the procedures set forth in section 2-65.4.
Unclaimed and surplus property may not be sold or transferred to City
employees other than at auction open to the general public , or with approval of
the City Council.
65.Sale of Property.
a. Authoritv to sell.The Finance Director shall fro m time to time sell allunclaimed and surplus property in his or her possess'ion , unless such propertyis to be retained by the City or transferred to a non-profit corporation under
section 2-65.3 b.
b. Notice of the sale . Notice of the sales shall be published for ten (10)
days before the time of sale in the official newspaper of the City. The notice
shall specify the time and place of sale and briefly describe the property to be
sold. When the Finance Director knows the name and address of the owner of
any unclaimed property, he or she shall also mail a notice of the sale to the
owner at least five (5) days before the time of sale.
c. Delav in sellinq; Notice . If for any reason any of the property is . not sold
at the time set for the sale, the sale of that property may be postponed from day
to day for a period of time not longer than ten (10) days. The Director shall post
notice of the postponement at the place of sale.
d. Sale to hiqhest bidder . The Finance Director shall sell at auction , to the
highest bidder , for lawful money, the property described in the advertisement , atthe time and place designated.
e. Costs.The Finance Director shall pay the costs of storage, advertising
and sale from the proceeds.
65.Disposition of Proceeds.
The Finance Director shall. deposit the proceeds of the sale of unclaimed
or surplus property into the General Fund , or the fund from which the property
was originally purchased , except that the proceeds from the sale of unclaimed
property shall first be retained for one year (after having paid the expenses for
sto!age, advertising and sale), and those proceeds are subject any lawful claim
which may be made by the owner of the property.
Section 3 . This ordinance shall be in full force and effect thirty (30) days
after the date of its final'passage.
Attest:
City Clerk
******
, the undersigned , hereby certify that the foregoing Ordinance was duly and regularly
adopted and passed by the Council of the City of Alameda in a regular meeting assembled on the
day of August , 2006 by the following vote to wit:
AYES:Councilmembers Daysog, deHaan, Gilmore , Matarese , and
Mayor Johnson - 5.
NOES:None.
ABSENT:None.
ABSTENTIONS:None.
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the official seal of said City
this 16 day of August , 2006.
Lara Weisiger, City Cler
City of Alameda