HomeMy WebLinkAbout093 - 08/16/2016 - AMENDING CITY CODE PERTAINING TO THE DISPOSITION OF TANGIBLE PERSONAL PROPERTYORDINANCE NO. 093, 2016
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY CODE PERTAINING TO THE
DISPOSITION OF TANGIBLE PERSONAL PROPERTY
WHEREAS, City Code provisions currently require tangible personal property,
regardless of its value or utility, to be inventoried and logged into Police Services' property and
evidence system for a thirty-day holding period followed by a ten-day publication period; and
WHEREAS, the handling, transport and storage of such property often times creates a
public safety risk and is incompatible with the City's responsibility to maintaining public
property in a clean and safe condition when the property is soiled with bodily fluids, saturated
from precipitation, contains broken glass, hypodermic needles or other hazardous materials; and
WHEREAS, over the years, City staff has been experiencing an environment in which it
is becoming impractical to comply with the current City Code provisions due to both the type of
tangible personal property and the ever-increasing volume of such property; and
WHEREAS, City staff has identified a benefit in establishing administrative procedures
in lieu of the City Code provision to govern tangible personal property in order to allow more
administrative flexibility to adjust the procedures; and
WHEREAS, City staff has .formulated administrative procedures pertaining to the
disposition of lost, abandoned, unclaimed or unattended tangible personal property found within
a natural area, park, trail, other outdoor City property, and within a City facility to provide a
practical, flexible, consistent, and updated approach, including evaluating the property for value
or utility, and to dispose of tangible personal property in compliance with constitutional due
process requirements; and
WHEREAS, these administrative procedures will be approved by the City Manager and
remain on file in the Office of the City Clerk; and
WHEREAS, staff recommends eliminating the current provisions in the City Code
pertaining to the disposition of tangible personal property so that the ,City Manager's
administrative procedures will consistently govern all City department processes concerning
tangible personal property; and
WHEREAS, for these reasons, the City Council believes that these amendments to the
City Code are in the best interests of the citizens of Fort Collins.
NOW, THEREFORE, BE IT LORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That the title of Chapter 23, Article IV, Division 3 of the Code of the City
of Fort Collins is hereby amended to read as follows:
Division 3
Tangible Personal Property
Section 3. That Chapter 23, Article IV, Division 3 of the Code of the City of Fort
Collins is hereby amended by the addition of a new Section 23-125 which reads in its entirety as
follows:
See. 23-125. Definitions.
The following words, terms and phrases, when used in this Division, shall have the
meanings ascribed to them in this Section.
Tangible property shall mean corporeal personal property of any kind that can be seen,
weighed, measured, felt, or touched, or is in any other way perceptible to the senses, but
excluding the property defined in City Code Section 23-132.
Section 4. That Section 23-126 of the Code of the City of Fort Collins is hereby
amended to read as follows:
See. 23-126. - Surplus and obsolete tangible property; definition.
All items of surplus and obsolete tangible property owned by the City shall be disposed
of at the discretion of the Purchasing Agent according to established administrative
procedures approved by the City Manager and on file in the office of the City Clerk. Such
procedures shall be designed so as to recover the market value of the disposed of property
except where the administrative cost is_expected to exceed the recoverable value or
otherwise in accordance with rules, regulations, and policies of the Purchasing Agent.
Surplus and obsolete tangible property shall mean all items of tangible property
previously purchased by the City or converted to City use which in the judgment of the
Purchasing Agent are no longer useful or necessary for the efficient administration of
City affairs.
Section 5. That Section 23-127 of the Code of the City of Fort Collins is hereby
deleted in its entirety:
Section 6. That Section 23-128 of the Code of the City of Fort Collins is hereby
deleted in its entirety:
Section 7. That Section 23-129 of the Code of the City of Fort Collins is hereby
deleted in its entirety:
Section 8. That Section 23-130 of the Code of the City of Fort Collins is hereby
amended to read as follows:
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Sec. 23-127. - Disposition of lost, abandoned or other unclaimed tangible property.
Except as otherwise specifically provided for by law or ordinance, any tangible property
seized or otherwise obtained by the City may be disposed of in accordance with
administrative policies adopted by the City Manager and on file in the office of the City
Clerk. Such policies shall provide reasonable notice of any proceedings and an
opportunity to be heard prior to the disposal of any tangible property.
Introduced, considered favorably on first reading, and ordered published this 19th day of
July, A.D. 2016, and to be presented for final passage on the 16th day of August, A.D. 2016.
O•FORTC
Mayor
ATTEST:
COLORPoO
City Clerk f
Passed and adopted on final reading on the 16th day of August, A.D. 2016.
O ?ORT Co
SEAL
Mayor
ATTEST:
COLORh
O
City Clerk
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