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Brentwood City Commission Agenda

Meeting Date:	03/22/2021
Ordinance 2021-08 - An Ordinance to Add Section 2-213 to the Code of Ordinances to Enact an Unclaimed Property Policy
Submitted by:	Kristen Corn, Legal
Department:	Legal

Information

Subject

Ordinance 2021-08 - An Ordinance to Add Section 2-213 to the Code of Ordinances to Enact an Unclaimed Property Policy

Background

From time to time, various City departments come into possession of unclaimed personal property. These items have either been lost or abandoned and are typically things like bicycles, electronics, jewelry, etc. that have been turned into the City. Although staff attempts to reunite the property with the rightful owners when feasible, it is often impossible to determine ownership and the City ends up holding onto the property for some time. Tennessee law previously provided that all lost or abandoned personal property was to be turned over to the state, but this law changed several years ago so there is no longer guidance for how cities should handle the disposal of abandoned or unclaimed tangible personal property. The University of Tennessee's Municipal Technical Advisory Service (MTAS) has prepared a model ordinance for cities to use as a guide. Staff has adapted this model ordinance to suit the City's needs. The proposed ordinance provides as follows.

Unclaimed property will be disposed of by the City only if it has been unclaimed for 60 days. City staff will make reasonable efforts to notify the owner if one can be determined. After the 60 days, the City may dispose of the property by a publicly noticed auction, by internet auction (such as GovDeals), or by donation to a nonprofit organization or governmental entity. Any funds obtained from a sale of unclaimed property will be deposited into the City's general fund. If an owner of any article of unclaimed property that has been sold by the City presents proof of ownership within 30 days of the sale, they will be entitled to any proceeds (less the costs incurred by the City). Finally, if unclaimed property is worth less than $25 (as determined by the appropriate department head), the property may be destroyed or donated after the notice and waiting period.

Please contact the City Attorney or Police Chief if you have any questions.

Staff Recommendation

Staff recommends approval of the accompanying ordinance on first reading.

Fiscal Impact

Attachments
Ordinance 2021-08