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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)