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HomeMy WebLinkAbout140 - 10/21/1986 - REPEALING AND REENACTING CITY CODE REGARDING DISPOSITION OF SURPLUS PROPERTY ORDINANCE NO. 140, 1986 OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING AND REENACTING CHAPTER 88 OF THE CODE OF THE CITY OF FORT COLLINS REGARDING DISPOSITION OF SURPLUS PROPERTY WHEREAS, the existing provisions of the City Code pertaining to the disposition of certain personal property should be expanded to include alternative methods of disposition and to provide for the disposition of surplus and obsolete property. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Chapter 88 of the Code of the City of Fort Collins be, and the same hereby is, repealed and reenacted as follows: §88-1 . Surplus and obsolete property. All items of surplus and obsolete property owned by the city shall be disposed of by public sale or otherwise at the discretion of the Purchasing Agent according to established administrative procedures approved by the City Manager. For the purposes of this section, "surplus and obsolete property" shall mean all items of personal property previously purchased by the city or converted to city use through the procedures described in this Chapter which, in the judgment of the Purchasing Agent, are no longer useful or necessary for the efficient administration of city affairs. §88-12. Lost, abandoned, stolen and confiscated property. The following provisions shall control the disposition of all lost, stolen, or abandoned property found, seized, or otherwise delivered into the possession of the city and remaining unclaimed by the lawful owner thereof. Such property shall , immediately upon coming into the possession of the city or as soon thereafter as is practicable, be delivered to the Chief of Police or his designated representative as custodian thereof, who shall keep a record of all such property, together with the date when and the place from which the same was obtained, which shall be a permanent record open to the inspection of the public. A. Illegal property. Any property, the possession of which is illegal , including controlled substances or drug paraphernalia, which is no longer of any evidentiary value in any pending criminal proceeding and the destruction of which has been authorized by court order pursuant to any applicable provisions of law, may be destroyed by the Chief Of Police or his designated representative. For the purposes of this Subsection, "controlled substance" and "drug paraphernalia" shall have the same meanings as those set forth in C.R.S. , 12-22-303(7) and 12-22-502(2) . B. Perishable or hazardous property. If any property seized or otherwise obtained by the city as aforesaid is of a perishable nature or of such nature as to make it inadvisable, in the opinion of the Chief of Police, to retain possession thereof, such property shall be forthwith advertised for sale at public auction, with public notice to be published in a newspaper of general circulation throughout the city not less than three (3) days prior to such sale, which notice shall contain the date, time and place of such sale and the reason for the immediate sale thereof. Notwithstanding the foregoing, nothing herein shall preclude the immediate destruction of hazardous property which, in the judgment of the Chief of Police, presents an immediate and substantial danger to the health, safety or welfare of the community if otherwise retained in the possession of the city for the period of time provided for herein or which, by reason of its nature or substance, is not properly the subject of a sale. Nothing contained in this section shall be construed to refer to any impounded animals as may be provided for in any city ordinance. C. Disposal of other unclaimed property. Any property seized or otherwise obtained by the city and not sold or destroyed as perishable, hazardous or illegal property, and which property has not been claimed by or surrendered to the rightful owner thereof shall be disposed of in the following manner: (1) All such property shall be retained for a period of no less than three (3) months from the date that possession thereof was acquired by the city. (2) After the expiration of such period of time and as soon thereafter as is practicable, the Purchasing Agent shall cause to be published once in a newspaper of general circulation in the City of Fort Collins a general description of the Articles of property to be disposed of, which notice shall contain the following information: (a) The fact that a detailed list of each and all articles of such property is immediately available and may be obtained from the Police Department, together with the address of the department and the hours during which such list may be obtained. (b) The fact that, if such property is not claimed by the rightful owner thereof within ten (10) calendar days from the date of said publication, such property will become the property of the city, to be disposed of by public auction or otherwise, with the date, place and location of any such public auction to be described therein. -2- (3) If within ten (10) days from the publication of said notice, no claim for such property described in the notice shall have been made by the rightful owner thereof, such property shall become the property of the city and shall thereafter be disposed of, at the discretion of the Purchasing Agent, in the following manner: (a) All such property which is to be sold at public auction shall be sold in the manner and upon the terms described in the above-mentioned notice, with the proceeds of any such sale or sales to be paid to the Director of Finance to be placed in the General Fund of the City of Fort Collins, after deducting therefrom the cost of storage, advertising and selling. (b) All firearms, knives, clubs, numchucks and other such weapons shall be destroyed or delivered to the Colorado Bureau of Investigation or any other recognized governmental ballistics laboratory which may retain the same for forensic ballistic investigation, so long as the same is no longer of any evidentiary value in any pending criminal proceeding. Notwithstanding the foregoing, the Chief of Police may authorize the retention of certain such weapons for the purpose of training members of the Police Department in the safe handling and operation of the same, provided that any firearms so retained shall have been rendered inoperable. (c) Any other such property, the possession or use of which is not illegal or dangerous, may be retained and used by the city in the administration of city affairs, with the use and distribution of such property to be accomplished by the Purchasing Agent according to established guidelines approved by the City Manager. (d) Any unclaimed property which is of little or no marketable value may be destroyed. Introduced, considered favorably on first reading and ordered published this 7th day of October, A.D. 1986, and to be presented for final passage on the 21st day of October, A.D. 1986. Mayor AT EST: City Clerk -3- 1986.Passed and adopted on final reading this 21st day of October, A.D. Mayor ATTEST: " W City Clerk —�_ -4-