Number
010187
Version
ORIGINAL
Reference
Sponsor
ALD. BREIER, D'AMATO, CAMERON, PAWLINSKI, GORDON, DONOVAN, BOHL, MURPHY, NARDELLI, HINES, HERRON AND RICHARDS
Title
An ordinance relating to disposition of obsolete, disused, worn out or scrapped material or equipment by the department of administration. (Dept. Of Admin.)
Sections
310-29-2 am
Analysis
Currently, whenever any property belonging to the city except land, becomes obsolete, disused, worn out or scrapped, the department of administration takes charge and control of the property. If any material or equipment can be used by any other municipal department, the central board of purchases is authorized to make the material or equipment available for use in that department. This ordinance authorizes the central board of purchases to make such material or equipment available for use by the Milwaukee public schools if the material or equipment can be used by the Milwaukee public schools.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 310-29 of the code is amended to read:
310-29. Control of Unclaimed and Abandoned Goods and Obsolete Material.
2. DISPOSITION OF MATERIAL. [[ In the event that ]] >>If << any of the[[ said ]] material, equipment or supplies can be used by any other municipal department >>or the Milwaukee public schools<< , the central board of purchases is authorized to make such material or equipment available for use in that department. [[ In the event ]] >>If << [[ that ]] the material or equipment, because of its condition, can no longer be used for municipal purposes, the department of administration may trade the same in for new equipment or sell or dispose of the same at private or public sale as [[ hereinafter ]] provided >> in this subsection <<. If the value of the property to be sold is more than $250 or is unclaimed or abandoned property turned over to the department of administration by the police department for disposition, the department shall advertise for bids in a daily paper having a general circulation in the city [[ of Milwaukee ]] for at least 3 consecutive days and shall award the sale of such property to the highest responsible bidder; provided, however, in the case of city material, equipment or supplies, the department may dispose of them by such other means as deemed in the best interest of the city, and in the case of unclaimed or abandoned property; the department may, if it deems in the best interest of the city, dispose of said property either through an agreed upon amount of sale or as a gift, pursuant to [[ the provisions of ]] s.66.0139, Wis. Stats. Whenever the estimated value of the property to be sold is less than $250, except in cases of unclaimed or abandoned property turned over by the police department for disposition, in which cases the [[ said ]] unclaimed or abandoned property [[ should ]] >> shall << be sold as property of more than $250 in value, the department of administration may, without advertising, sell [[ said ]] >> the << property for the highest responsible offers obtainable; provided, however, that a list of the material or equipment to be sold in this manner shall be posted in the office of the department and informal bids shall be solicited for [[ said ]] property, except that in all other cases where the said property in the judgment of the department is less in estimated value than $100 the department may dispose of [[ same ]] >> property << by using or not using the notice and bidding procedures [[ aforesaid ]] >>specified in this subsection<<. The proceeds of all sales under this section shall be paid into the hands of the city treasurer and credited to the proper city fund. The provisions of this subsection, however, are not applicable to the disposition of unclaimed or abandoned flammable, explosive or incendiary devices, and unclaimed or abandoned firearms or ammunition.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Department of Administration-Business Operations
Drafter
LRB01204-1
TWM/cac
5/18/2001