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HomeMy WebLinkAboutOrdinance No. 15-1992ORDINANCE NO. 15 -92 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, BY REPEALING CHAPTER 207, PERSONAL PROPERTY CONTROL, IN ITS ENTIRETY; ESTABLISHING A NEW CHAPTER 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 PROPERTY ACQUISITION GUIDELINES; PROVIDING GUIDELINES FOR DISPOSITION OF SURPLUS PROPERTY; PROVIDING AN ALTERNATIVE PROCEDURE; PROVIDING FOR RECORD KEEPING; PROVIDING FOR VALUATION OF PROPERTY; PROVIDING FOR LEGISLATIVE INTENT; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; ESTABLISHING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, 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. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Chapter 207, Personal Property Control, Code of Ordinances is hereby repealed in its entirety and replaced with the following: CHAPTER 207 PERSONAL PROPERTY CONTROL 207.01 Definitions. The following words as used in this chapter have the meanings set forth below unless a different meaning is required by the context: (a) "City" - means the City of Cape Canaveral and /or the City Council. (b) "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. (c) "Custodian" - means the City Manager to whom the custody of City property has been delegated by the City Council. City of Cape Canaveral, Florida Ordinance No. 15 -92 Page 2 (d) "Custodian's Delegate" - means the various department heads who have custody of and accountability for property assigned to their respective departments. (e) "Property means fixtures and other tangible personal property of a nonconsumable nature the value of which is $500.00 or more and the normal expected life of which is one (1) year or more. (f) "Fiscal Year - means the City's fiscal year established pursuant to law; otherwise, it means the calendar year. 207.02 Record and Inventory of certain property. (a) Each item of property which it is practicable to identify by marking shall be marked in the manner required by the Custodian. The City, through the Custodian's Delegate, shall maintain an adequate record of its property, which record shall contain such information as shall be required by the Custodian or by applicable law. The City shall take an inventory of its property in the custody of a Custodian whenever there is a change in such Custodian. A complete physical inventory of all property shall be taken annually, and the date inventoried shall be entered on the property record. The inventory shall be compared with the property record, and all discrepancies shall be traced and reconciled. (b) The Custodian's Delegate will be given a copy of their inventory and shall rate the condition of each item as good, fair or poor and entered into the property record. In addition, a list shall be made of all property that is declared surplus or missing. (c) The Custodian's Delegate shall notify the Finance Department in writing of the transfer of assets from one department to another. 207.03 Property supervision and control. The City shall be primarily responsible for the supervision and control of its property, but may delegate to a Custodian its use and immediate control and may require custody receipts. The City may assign to or withdraw from a Custodian the custody of any of its property at any time. The Custodian and Custodian's Delegates shall be responsible to the City for the safekeeping and proper use of the City of Cape Canaveral, Florida Ordinance No. 15 -92 Page 3 property entrusted to their care. If the Custodian is not a bonded officer, the City may require from the Custodian a bond conditioned upon such safekeeping and proper use. 207.04 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 manner otherwise prescribed in this act for the disposal of property. The receipts from the sale may be treated as a current refund if the property to be acquired shall be contracted for within the same fiscal year of the City in which the property sold is disposed of. 207.05 Surplus property. The City shall have discretion to classify as surplus any of its property, which property is not otherwise lawfully disposed of, that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function. Within the reasonable exercise of its discretion and having consideration of the best interests of the City, the value and condition of property classified as surplus, and the probability of such property's being desired by the prospective bidder to whom offered. 207.06 Alternative procedure. Having consideration for the best interests of the City, property that is obsolete or the continued use of which is uneconomical or inefficient, or which serves no useful function, which property is not otherwise lawfully disposed of, 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 Section 1.01, Florida Statutes, or if the property is without commercial value it may be donated, destroyed, or abandoned. The determination of property to be disposed of by the City pursuant to this section instead of pursuant to other provisions of this City of Cape Canaveral, Florida Ordinance No. 15 -92 Page 4 Chapter shall be at the election of the Custodian in the reasonable exercise of its discretion. Property, the value of which the Custodian estimates to be between $100 and $200, shall be sold only to the highest responsible bidder after a request for at least three (3) bids, or by public auction. Any sale of property the value of which the Custodian estimates to be $200 or more shall be sold only to the highest responsible bidder, or by public auction, after publication of notice not less than one (1) week nor more than two (2) weeks prior to sale in a newspaper having a general circulation in the county or district in which is located the official office of the City, and in additional newspapers if in the judgement of the Custodian the best interests of the City will better be served by the additional notice. 207.07 Authorizing and recording the disposal of property. Authority for the disposal of property shall be recorded in the minutes of the City. The disposal of property within the purview of Section 207.02 shall be recorded in the records required by that section. 207.08 Valuation of property. (a) 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. (b) Donated Property should be recorded at its estimated fair value at the time of acquisition. SECTION 2. All portions of the Code in conflict herewith are hereby repealed. SECTION 3. If any provision, paragraph, word, section or article of this Ordinance is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections and articles shall not be affected and shall continue in full force and effect. SECTION 4. This Ordinance shall take effect immediately upon its adoption. City of Cape Canaveral, Florida Ordinance No. 15 -92 Page 5 ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 18th day of ATTEST: August , 1992. Fa 'CLERK Johri `�,'" Y ATTORNEY 1 Sa amone, MAYOR NAME YES NO KEDZIERSKI X PORTER Abse RANDELS X X SALAMONE THURM X First Reading Posted: Advertised: Second Reading: t 08/04/92 08/07/92 08/08/92 08/18/92