HomeMy WebLinkAboutOrdinances - MC-19-1215 - 12/16/2019 - Surplus Property - Police Chief CITY OF MCHENRY
MCHENRY COUNTY
STATE OF ILLINOIS
Ordinance MC-19-1215
An Ordinance Amending Title 1; Administration, Chapter S; Official and Corporate
Provisions, by adding Section 1-5-3,Surplus Property, and amending Title 6,Public
Safety, Chapter 2,Police,Article A; General Provisions, Section 6-2A-4,
Administrative duties of Chief of Police, of the City of McHenry's Municipal Code for
the Sale or Disposal of Personal Property Owned by the City of McHenry
Passed by the
Mayor and City Council
Of the
City of McHenry
McHenry County
State of Illinois
December 16,2019
Published in pamphlet form by authority of the Mayor and City Council of the City
of McHenry,McHenry County,Illinois this 17th day of December,2019.
ORDINANCE NO. MC-19-1215
An Ordinance Amending Title 1; Administration, Chapter 5, Official and Corporate
Provisions, by adding Section 1-5-3,Surplus Property, and amending Title 6,Public Safety,
Chapter 2;Police,Article A; General Provisions,Section 6-2A-4,Administrative duties of
Chief of Police, of the City of McHenry's Municipal Code for the Sale or Disposal of Personal
Property Owned by the City of McHenry
WHEREAS, the City of McHenry, McHenry County, Illinois, ("City") is a home rule
municipality as contemplated under Article VII,Section 6,of the Constitution of the State of Illinois,
and the passage of this Ordinance constitutes an exercise of the City's home rule powers and
functions as granted in the Constitution of the State of Illinois; and
WHEREAS,the McHenry Police Department regularly obtains custody of property that was
abandoned, lost or stolen, otherwise illegally possessed or seized.
WHEREAS,in accordance with the Law Enforcement Disposition of Property Act(765 ILCS
1030)and the Code of Criminal Procedure of 1963,the Chief of Police has the authority to dispose
of property that has been taken into custody by the Police Department.
WHEREAS,from time to time,the City retires or replaces City owned personal property that
is no longer necessary or useful to or for the best interests of the City to retain.
WHEREAS, it is in the interest of the City to improve the process for disposing of City
owned personal property, the City's Municipal Code shall be amended to allow for the sale or
disposal of personal property owned by the City.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF
McHENRY, McHenry County, Illinois, as follows:
SECTION 1: Title 1, Administration, Chapter 5, Official and Corporate Provisions, of the
Municipal Code, City of McHenry, Illinois is hereby amended with the addition of Section 1-5-3,
Surplus Property, by adding the underline language as follows:
Sec. 1-5-3. Surplus Property.
When it is no longer necessary or useful to or for the best interests of the City to retain
personal property owned by the City, as determined by the Chief of Police, in consultation
with the City Administrator(collectively,"authorized agents"),the authorized agents of the
City are hereby authorized and directed to take the following actions: (1) to sell personal
property in such manner as the authorized agents may designate,with or without advertising
for sale,or(2)to convert personal property into some other form that is useful to the City by
using the material in the personal property, or (3) convey or turn in any of the personal
property as partial payment on a new purchase of any similar article, or(4)donate personal
property with a value of less than$300 to a certified non-profit organization or(5)dispose
of property by destruction for items that have no relevant value.
A disposition log for all surplus property owned by the City will be maintained by the Deputy
Clerk and will consist of information provided by the authorized agents including the
manner of disposition,date of disposition,approval authority,all outside parties involved the
acquisition of the property and all sale paperwork associated with the transaction.
SECTION 2:Title 6,Public Safety,Chapter 2,Police,Article A,General Provisions,Section
6-2A-4,Administrative duties of Chief of Police,of the Municipal Code,City of McHenry,Illinois is
hereby amended by adding the underlined language as follows:
Sec. 18-4. Administrative duties of Chief of Police.
The Chief of Police shall keep such records and make such reports concerning the activities
of the Department as may be required by statute or by the Council.The Chief of Police shall
be responsible for the performance by the Department of all of its functions and all persons
who are employees of the Department shall serve subject to the orders of the Chief of Police.
The Chief of Police,in consultation with the City Administrator,may sell,convert,or convey
personal property owned by the City pursuant to Section 1-5-3, Surplus Property, of this
Code.
SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment
shall not affect,impair,invalidate or nullify the remainder thereof,which remainder shall remain and
continue in full force and effect.
SECTION 4:All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 5: This Ordinance shall be in full force and effect upon its passage and approval.
Passed this 16th day of December, 2019.
Ayes Nays Absent Abstain
Alderman Devine k
Alderman Glab
Alderman Mihevc k
Alderwoman Miller x
Alderman Santi X
Alderman S haefer X
/Z all qq
War"' ',Mayor Trishekamel, City Clerk 6
CERTIFICATION
I, MONTE JOHNSON,do hereby certify that I am the duly appointed, acting and qualified
Deputy City Clerk of the City of McHenry,McHenry County,Illinois,and that as such Deputy City
Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Council
Members of said City of McHenry.
I do hereby further certify that at a regular meeting of the Mayor and Council Members of the
City of McHenry, held on the 16th day of December, 2019, the foregoing Ordinance entitled An
Ordinance Amending Title 1; Administration, Chapter S;Official and Corporate Provisions,by
adding Section 1-5-3,Surplus Property, and amending Title 6;Public Safety, Chapter 2,Police,
ArticleA;General Provisions,Section 6-2A-4,Administrative duties of Chief ofPolice,of the City
of McHenry's Municipal Code for the Sale or Disposal of Personal Property Owned by the City of
McHenry, was duly passed by the City Council of the City of McHenry.
I do further certify that the original, of which the attached is a true and correct copy, is
entrusted to me as the Deputy City Clerk of said City for safekeeping, and that I am the lawful
custodian and keeper of the same.
GIVEN under my hand and seal this 17th day of December, 2019.
Monte Johnson, Deputy City Clerk
City of McHenry,
McHenry County, Illinois
(SEAL)