AGENDA #4j

 

MEMORANDUM

 

TO:

Roger L. Stancil, Town Manager

FROM:

Brian Curran, Chief of Police

Lt. Kevin Gunter, Public Information Officer

J.B. Culpepper, Planning Director 

David Bonk, Long Range and Transportation Coordinator

SUBJECT:

Donation of Unclaimed Bicycles to the Students United for a Responsible Global Environment Community Bicycle Loan Program.

DATE:

November 7, 2007

 

PURPOSE

 

The attached resolution would authorize the Town Manager to donate unclaimed bicycles collected by the Chapel Hill Police Department to (SURGE) Students United for a Responsible Global Environment for use in their community bicycle loan program.

 

BACKGROUND

 

On March 26, 2007 the Town Council approved a performance agreement (Attachment 1) with Students United for a Responsible Global Environment to provide funding to organize and operate a community bicycle loan program. The Council also provided funding totaling $15,000 to support this program.

 

To facilitate implementation of this agreement, SURGE requested that the Town donate unclaimed bicycles to SURGE for this purpose.

Under North Carolina Statutes Chapters 15-12 through 15-16, the Police Department is required to hold unclaimed bicycles for a period of 60 days from the date of receipt by the law enforcement agency.  After that period of time, the Police Department must publish a notice of unclaimed property in a newspaper published in the county. This notice must contain a brief description of the property, and state that any person who may have or claim interest in the property must report that claim to the Police Department within 30 days.  Property remaining unclaimed after this 30 day period is eligible to be a charitable organization exempt under section501 (c)(3) of the Internal Revenue Service (Attachment 2).

The Chapel Hill Police Records Division will maintain a list of bicycles that may be donated, and be the division charged with the initial release of (15) bicycles that have met all statutory requirements.   

North Carolina Statutes also provide that the Police Department may donate unclaimed bicycles to SURGE which qualifies as a charitable organization exempt under 501 (c)(3) of the Internal Revenue Code, and has provided necessary documentation (Attachment 3).  If these bicycles are to be donated, the notice of unclaimed property must state that is the intended disposition if not claimed by rightful owners.  Only those bicycles that have been left unclaimed by definition of State Statute will be donated to Students United for a Responsible Global Environment SURGE. 

RECOMMENDATION

 

We recommend that the Council authorize [by resolution] the Town Manager to provide the community bicycle program with unclaimed bicycles. This transfer of property will be completed after all statutory notification requirements have been met.

 

ATTACHMENTS

  1. Performance Agreement for a community bicycle loan program (p. 4).
  2. N.C. General Statute 15-12 through 15-16 (p. 8).
  3. SURGE Internal Revenue 501(c) (3) (p. 10).