HomeMy WebLinkAboutOrdinance No. 18-2004 1
ORDINANCE NO. 18 -2004
Cre AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 2, ARTICLE V OF THE
CODE OF ORDINANCES, ENTITLED FINANCE;
ESTABLISHING A NEW SECTION 2 -207, ENTITLED
PERSONAL PROPERTY CONTROL; PROVIDING
DEFINITIONS; PROVIDING FOR RECORD AND
INVENTORY CONTROL OF CITY -OWNED PERSONAL
PROPERTY; PROVIDING FOR SUPERVISION AND
CONTROL OF PROPERTY; PROVIDING FOR GUIDELINES
FOR PROPERTY ACQUISITION AND DISPOSITION OF
SURPLUS PROPERTY; PROVIDING FOR VALUATION OF
PROPERTY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR INCORPORATION INTO THE CODE,
SEVERABILITY, AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
} Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council is engaged in a comprehensive review of the City Code of
Ordinances; and
J WHEREAS, the City Council realizes that the City's investment in personal property
represents a substantial expenditure of the City's resources; and
WHEREAS, the City Council has determined that the establishment of procedures necessary
for recording and maintaining information on the acquisition, identification, location, value,
condition, and disposition of each item of City property is necessary in order for the City to protect
its investments; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
City of Cape Canaveral
Ordinance No. 18 -2004
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Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
Ce. reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 2, Article V of the Code of Ordinances, City of
Cape Canaveral, Florida, entitled Finance, is hereby amended as follows (underlined type indicates
additions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter
2, Article V. It is intended that the text in Chapter 2, Article V denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
ARTICLE V. FINANCE
DIVISION 1. GENERALLY
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Sec. 2 -207. Personal Property Control
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Lal Definitions. The following words, terms and phrases, when used in this division, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
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City means the City of Cape Canaveral and/or the City Council.
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Governmental Unit means the governing board, commission or authority of a municipality, county
or taxing district of the state or the sheriff of the county.
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Property means, unless provided otherwise in this section, all tangible personal property of a non-
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consumable nature.
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Property Record means a list or inventory of all City owned Property with a value of $1,000.00 or
more and a normal expected life of more than one (1) year which includes the type, character,
condition of the Property and any other information required by the city manager or applicable law.
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Record and inventory of Property.
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(1) Each item of Property which is practicable to identify by marking shall be marked in
the manner required by City Manager.
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Each department head shall complete and maintain a current inventory of all Property
assigned or entrusted to the custody of the associated department. Such inventory shall include the
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condition of the Property, i.e. good, fair, or poor, and shall identify all Property which has become
damaged, missing, or of which is of no further value to such department. A copy of such inventory
shall be provided to the city treasurer at a minimum on or before September 1 of each year, but
additionally as changes to the condition or status of the Property occur. No Property, regardless of
condition or value may be disposed of or transferred from the custody of the assigned department
without approval of the city manager.
(3) The city treasurer shall prepare and maintain a Property Record for the City, the same
shall be updated annually. As indicated above, the City Treasurer shall be provided a copy of each
departmental inventory, no less than annually, but additionally as required by this section. Such
inventories shall be compared with the Property Record, and all discrepancies shall be traced and
reconciled. All Property shall be entered into the Property Record of the City where the value of the
Property exceeds $1,000.00 and has a life expectancy of greater than one (1) year.
In addition to the foregoing, the City shall take an inventory of its Property in the
custody of the City Manager, or any authorized department head, whenever there is a change in City
Manager or authorized department head.
Where any Property is determined by a department head, to be surplus, missing or
damaged, the department head, shall immediately notify the city manager in writing of such status.
The Iroperty shall continue to be maintained by the custodial department until directed otherwise by
the city manager. Where the city manager directs theproperty to be disposed of, as provided in this
section, or transferred to another department, the department head being relieved of the Property
ghw shall notify the city treasurer in writing of the status and disposition of such Property. The city
treasurer shall prepare and maintain a separate inventory of all City Property declared surplus,
missing, or damaged, and how the same was disposed of
c Property supervision and control.
The city manager shall be responsible for the supervision and control of City Property, but
may delegate to the various department heads its use and immediate control and may require custody
receipts. The city manager may assign to or withdraw from such department heads the custody of
City Property at any time The city manager and heads of each department shall be responsible to the
City for the safekeeping and proper use of the Property entrusted to their care.
Property acquisition.
Whenever acquiring property, the City may pay the purchase price in full or may exchange
Property with the seller as a trade -in and apply the exchange allowance to the cost of the Property
acquired. If whenever acquiring Property, the city may best serve the interests of the City by outright
sale of the Property to be replaced rather than by exchange as a trade -in, it may make the sale in a
City of Cape Canaveral
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Ordinance No 18 -2004
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manner otherwise prescribed in this section for the disposal of Property. The receipts from the sale
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maybe treated as current refund if the Property to be acquired shall be contracted for within the same
fiscs.1 year of the City in which the Property sold is disposed of.
Lei Surplus Property Disposition.
Property that is obsolete or the continued use of which is uneconomical or inefficient, or
which serves no useful function may be disposed of for value to any person, or may be disposed of
for value without bids to the state, to any Governmental Unit, or to any political subdivision, as
defined in Section1.01, Florida Statutes, or if the Property is without commercial value it may be
donated destroyed, or abandoned. Property, the value of which the City Manager estimates to be
between $3,000.00 and $5,000.00, shall be sold only to the highest responsible bidder after a request
for of least three (3) bids, or by public auction. Any sale of property the value of which the City
Manager estimates to be $5,000.00 or more shall be sold only to the highest responsible bidder at
public auction, after publication of notice less than one (1) week, nor more than two (2) weeks prior !
to sale in a newspaper having a general circulation in Brevard County.
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if Recording the disposal of property. 1
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The disposal of Property, within the purview of section (e) shall be recorded by City Manager
required by section (b) above.
fga Valuation of property.
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al Property should be accounted for at cost, which may include the following: purchase
or construction cost; freight and transportation charges; site preparation expenditures; professional
fees and legal claims directly attributable to asset acquisition.
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Donated Property should be recorded at its estimated fair market value at the time of
acquisition.
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
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City of Cape Canaveral
Ordinance No 18 -2004
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of this Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a
separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5th day of
October, 2004. CA.1 C—Cw—t
ROCKY RANDEP,S, Mayor
ATTEST: For Against
Bob Hoog X
Steve Miller Second
Jim Morgan Motion
Rocky Randels Absent
SUS ' S ILLS, City Clerk Richard Treverton X
First Reading: 08 -17 -04
Legal Ad published: 09 -25 -04
Second Reading: 10 -05 -04
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Approved as to legal form and sufficiency for
the C of ape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 18 -2004
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