HomeMy WebLinkAbout2001-2538 - Ordinance - 12/20/2001ORDINANCE NO. 2538
AN ORDINANCE AMENDING CHAPTER 1, "GENERAL PROVISIONS", OF
THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION,
TEXAS BY REPEALING SECTION 15, "DISPOSAL OF UNCLAIMED AND
SURPLUS PROPERTY; DESTRUCTION OF PISTOLS AND ILLEGAL
WEAPONS"; PROVIDING FOR A NEW SECTION 15," DISPOSITION OF
ABANDONED OR UNCLAIMED PROPERTY; DISPOSITION OF SALVAGE
OR SURPLUS PROPERTY; AND DISPOSITION OF SEIZED WEAPONS,
EXPLOSIVE WEAPONS, OR OTHER PROHIBITED CONTRABAND ".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION. TEXAS:
PART 1.
That Chapter 1, Section 15, of the Code of Ordinances of the City of College
Station. Texas be repealed and is hereby amended to read as set out in Exhibit
"A" attached hereto.
PART 2.
That if any provision of any section of this ordinance shall be held to be void
or unconstitutional, such holding shall in no way effect the validity of the
remaining provisions or sections or this ordinance, which shall remain in full
force and effect.
PASSED, ADOPTED and APPROVED this 20th day of ~..e~mr~, 2001.
ATTEST:
Connie Hooks, City Secretary
APPROVED:
Lynn ~:Ilhafiey, Mayor /
APPROVED:
City Attorl~
DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY;
DISPOSITION OF SALVAGE OR SURPLUS PROPERTY; AND DISPOSITION
OF SEIZED WEAPONS, EXPLOSIVE WEAPONS, OR OTHER PROHIBITED
CONTRABAND
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ABANDONED OR UNCLAIMED PROPERTY
(1) Code of Criminal Procedure
The disposition of abandoned or unclaimed property shall be made in
accordance with Article 18.17 of the Code of Criminal Procedure as it may be
amended from time to time.
SALVAGE OR SURPLUS PROPERTY
( 1 ) Definitions
(a) Salvage Property - personal property, other than items routinely discarded
as waste, that because of use, time, accident, or any other cause is so worn,
damaged, or obsolete that it has no value for the purpose for which it was
originally intended.
(b) Surplus Property - personal property that:
(i) is not salvage property or items routinely discarded as waste:
(ii) is not currently needed by the City,
(iii) is not required for the City's foreseeable needs; and
(iv) possesses some usefulness for the purpose for which it was
intended.
(2) Disposition
(a) General
(i) It shall be the intent of this section to dispose of salvage or surplus
property within 30 days of identifying it as surplus: 180 days for vehicles
and/or heavy equipment. These policies are intended to maximize the
value of salvage and surplus property by avoiding hidden costs such as
storage, maintenance, and obsolescence.
(ii) A Department that determines it has surplus or salvage property
shall inform the Finance Department of the property's kind, number,
location, condition, original cost or value, and date of acquisition.
(iii) No transfer of salvage or surplus property with a fair market value
greater than $50,000.00, other than transfers among city departments, shall
be made or effected unless it is first approved by the City Council.
(iv) No transfer of salvage or surplus property shall be made to any
member of the City Council or any officer or employee of the City, except
in their official capacities as such, in violation of City of College Station
City Charter, Section 131 "Personal Interest".
(b)
Method of Disposal
(i) Direct Transfers to Other City Departments
During the first five (5) business days after surplus property is
identified, the Finance Department shall make available the
reported surplus property to any City Departments. It shall remain
available for direct transfer to other City Departments until final
disposition or sale. The Finance Department will coordinate the
transfer directly to another City Department on a first come - first
serve basis.
(ii) Transfer to Other Governmental Entities.
If no City Department requests the transfer of City salvage or
surplus property within five (5) business days after such property is
made available to City Departments. such property may be
transferred to another governmental entity. The Finance
Department shall establish a fair market value that the
governmental entity will be required to pay prior to the transfer.
The Finance Department will coordinate the transfer to another
governmental entity on a first come - first serve basis.
(iii) Direct Sale to Public.
If no City Department or governmental entity acquires the salvage
or surplus property within ten (10) business days after such
property is made available to governmental entities, the Finance
Department may dispose of the property by sale directly to the
public. This may be accomplished by (but not limited to) public
auction, internet auction, or competitive bids.
(3) Notice
Notice of available surplus property may be posted on the City's intranet, the
City's website, or in the case of sealed competitive bids or live public
auctions, the notice must be published at least 10 days prior to the sale but no
more than 30 days before the date of the sale.
(4) Record
The Finance Department shall keep a record of each item of surplus or salvage
property sold and the sale price of each item. The City shall maintain a record
of each disposed item in accordance with City of College Station Code of
Ordinances, Section 27 "Records - Retention, Disposition and Microfilming",
as it may be amended from time to time.
(5) Proceeds
The Finance Department shall deposit the proceeds from the sale of salvage or
surplus property in the City treasury to the credit of the general fund or the
fund from which the property was purchased.
(6) Exceptions
(i) Civic and Charitable Organizations
The Finance Department may dispose of the property by donating the
property to a civic or charitable organization if the Purchasing
Division undertakes to sell the salvage/surplus property and is unable
to do so because no bids are made.
(ii) Fleet
The inter-departmental transfer of vehicles and heavy equipment shall
be coordinated by the Fleet Manager and will be made available to
other governmental entities and/or the public in the same manner listed
above only after the Fleet Manager has exhausted the equipment's
(iii)
(iv)
useful life by transferring it to other City Departments and/or declaring
it salvage or surplus.
MIS
The inter-departmental transfer of computer and high technology items
shall be coordinated by the MIS Director and will be made available to
other governmental entities and/or the public in the same manner listed
above only after the MIS Director has exhausted the equipment's
useful life by transferring it to other City Departments and/or declaring
it salvage or surplus.
In unique circumstances, in the sale of surplus property, the term and
provisions of this section may be varied by resolution of the City
Council.
DISPOSITION OF SEIZED WEAPONS, EXPLOSIVE WEAPONS, OR OTHER
PROHIBITED CONTRABAND
(1) Disposition of Gambling Paraphernalia, Prohibited Weapon, Criminal
Instrument, and Other Contraband
The disposition of gambling paraphernalia, prohibited weapon, criminal
instrument, and other contraband shall be made in accordance with Article
18.18 of the Code of Criminal Procedure as it may be amended from time to
time.
(2) Disposition of Explosive Weapons and Chemical Dispensing Devices
The disposition of explosive weapons and chemical dispensing devices shall
be made in accordance with Article 18.181 of the Code of Criminal Procedure
as it may be amended from time to time.
(3) Disposition of Seized Weapons
The disposition of seized weapons shall be made in accordance with Article
18.19 of the Code of Criminal Procedure as it may be amended from time to
time.