§ 315.02. Disposition of forfeited property.

Subdivision 1. The purpose of this Subsection is to provide for the disposal of forfeited property. For purposes of this Subsection, the term "forfeited property" means any personal property acquired by the City pursuant to civil or criminal forfeiture proceedings under state law.

Subd. 2. Method of disposition. When the sale of forfeited property is permitted under applicable law, the City Manager will determine what forfeited property is to be sold and the method of sale. The available methods of sale are:

(a)

Sale by quotation. If the sale is made upon quotation it must be based, so far as practicable, on at least two (2) quotations which shall be kept on file for a period of at least one (1) year after their receipt. Sale by quotation may not be used for forfeited property, the estimated value of which exceeds $50,000.00.

(b)

Sale by public auction. If the sale is made by public auction, the auction must be conducted under the direction of the City Manager, following published notice in the official newspaper at least ten (10) days in advance of the sale date.

(c)

Sale by other auction. The City Manager may provide for sale of forfeited property by placement in an established dealer auction or salvage auction conducted by a licensed broker.

(d)

Sale by direct negotiation. The City Manager may direct the sale of a forfeited motor vehicle to a scrap yard by direct negotiation, if the vehicle has an approximate fair market value equal only to the approximate value of the scrap in it. The City Manager may direct the sale of forfeited personal property to the storage facility where the property is stored, if the forfeited property has an approximate fair market value equal only to the storage fees.

Subd. 3. Disposition of proceeds. The proceeds of the sale of forfeited property must be disbursed in accordance with applicable law. (Added, Bill No. 2001-7)