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HomeMy WebLinkAboutordinance.council.055-76RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. ~-- (Series of 1976) AN ORDINANCE A~NDING THE MUNICIPAL CODE BY THE ADDITION OF ARTICLE VIII TO CHAPTER 2 ESTABLISHING PROCEDURES FOR ACCOUNTING FOR CITY OWNED PROPERTY AND ANNUALLY VERIFYING THE INVENTORY OF ASSETS; HOLDING CITY DEPART- 5~NT HEADS RESPONSIBLE FOR THE CUSTODY AND DISPOSITION OF CITY OWNED PROPERTY; AUTHORIZING THE DIRECTOR OF FINANCE TO INSPECT CITY PROPERTY; PROVIDING FOR IDENTIFYING NEWLY ACQUIRED PRO- PERTY; LIMITING USE OF CITY PROPERTY TO CITY PURPOSES; ~ROVIDING FOR THE INTERDEPART~.~NTAL LOANING OF PROPERTY; AUTHORIZING THE DISPOSING OF OBSOLETE AND WORN-OUT PROPERTY; ESTABLISHING PENALTIES FOR MISUSES OF CITY PROPERTY; AND REGULATING USE OF PERSONALLY OWNED PROPERTY ON CITY PREMISES WHEREAS, the City Council is of the opinion that it is appropriate to establish administrative procedures for the identification, accounting for, and use of City-owned property, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLOP~ADO: Section 1 ~hat the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding Article VIII of Chapter 2, which said Article reads as follows: ARTICLE VIII INVENTORY AND PERMANENT (FIXED ASSETS) BELONGING TO THE CITY OF ASPEN Sec. 2-5000 Duty of the Director of Finance. It shall be the duty of the Director of Finance to maintain a complete record and valuation of all permanent property belonging to the City of Aspen and shall, subject to the approval of the City Manager, ~evise appropriate methods and prescribe the forms of records to be kept and the operating procedure to be followed in main- taining the proper accounts pertaining thereto. He shall also keep a record of all new or used permanent property hereinafter acquired by the City and of its disposition. Sec. 2-5001 Periodic Verification of Property Records. During the month of January of each year and at such other times as it is advisable, the RECORD OF PROCEEDINGS 100 Leaves property accounts shall be verified by means of a physical check of all property against the property records. A report of all items which, after the physical check, remain unaccounted for shall be compiled for each department together with a statement of observations regarding the orderli- ness and adequacy of storage facilities and the care and use of property. A copy of this report shall also be submitted to the City Manager. Depart- ment heads shall be held accountable for proper care and use of all property entrusted or assigned to their custody as herein provided. Sec. 2-5002 Custody of Property. Each department head shall be held responsible for the receipt, proper custody and use, and disposition of all property purchased for or used by his department, in accordance with the property accounting procedure. Fie shall be held responsible for such exercise of due care and proper use of property within his department as is consistant with the powers of his office and with city facilities available for its protection. Department heads may designate members of their department to assist them in caring for departmental property. Sec. 2-5003 City Property Subject to Inspection. The Director of Finance or his duly authorized agent shall have access to all offices, laboratories, storerooms, shops, lockers, storage cabinets, and all other places where property belonging to the City is kept for the purpose of locating, inspecting, and labeling City property. Sec. 2-5004 Department Staff to Assist in Verifi- cation of Records. it shall be the duty of the depart- ment heads and employees to cooperate with the Director of Finance in the location and identification of the property records and during the location and labeling of new acquisitions. Sec. 2-5005 Acquisition of Property by Purchase. The acquisition of permanent property by the City, within the meaning of the ter~ as determined by the Director of Finance, shall be ascertained from the financial records of the City. A record thereof shall be kept in appropriate form by the Director of Finance for each department of the City. Upon receipt of the invoice and payment therefor, all property shall be permanently identified and labeled and hereafter shall be subject to inspection and verification by the Director of Finance. Sec. 2-5006 Acquisition of Property by Methods Other than Purchase. The acquisition of property, ~ithin the meaning of the term as determined by the Director of Finance, in some manner other than by direct purchase, e.g., fabrication by departments, donations, gifts, and the like, shall be reported to the Director of Finance by the head of the department receiving the property. Appropriate acknowledgement and acceptance of donations and -2- RECORD OF PROCEEDINGS 100 Leaves gifts is desirable; a copy of the memorandum of the acceptance should be filed with the Director of Finance and also in the files of the depart- ment head. Sec. 2-5007 Use of Property. The use of property for institutional and departmental purposes shall not be impeded by the use of property for matters personal to city employees or by removal from the building for other than recognized activities of the City. The removal of property from the building for recognized activities shall be restricted to those situations in which employees shall be personally responsible for and shall have custody and exercise immediate supervision over the property at all times, or in the absence of custody and immediate super- vision, it shall be limited to occasions where due precautions have been taken to insure its protection. The removal of property from the building for any purpose whatsoever which is inconsistent with the recognized activities of the City and its departments is strictly prohibited unless special permission is given by the City Manager. Any removal of property shall be subject to the procedure prescribed by the Director of Finance and approved by the City Manager. Sec. 2-~008 Loan and Transfer of Property kmong Departments. The systematic loan and transfer of idle property among the departments for use in recognized activities of the City shall be permitted and encouraged as a means of furthering more effective utilization and of avoiding unnecessary duplication of property. The Director of Finance shall prescribe the procedure to be followed in effecting the systema- tic transfer of all property among the departments. Sec. 2-5009 Disposition of Obsolete and Worn-©ut Property. All obsolete and worn-out property, which is subject to inspection and approval by the Director of Finance or by other properly authorized officials, shall be deleted from the inventory records and removed to a central warehouse for final disposition. Such property may be traded in on new equipment, sold, salvaged for materials and parts, ~isposed of as junk, or destroyed. Sec. 2-5010 Penalty for Negligence or Misuse. Department heads shall be held responsible to the City Manager for the custody and proper use of all property in their departments. Failure to account properly for all equipment charged to a given department or to make satisfactory explanation as to the use and disposition of any item shall be deemed cause for investigation by the City Manager. If investigation determines that the loss is due to negligence or misapplication on the part of the -3- RECORD OF PROCEEDINGS 100 Leaves department head or on the part of some employee in his department, then those persons acting negligently or malfeasantly shall be held personally liable for all loss resulting therefrom. Sec. 2-5011 Personally Owned Property Subject to Regulation. The use on the premises of property belonging personally to employees of the City, though not prohibited, shall nevertheless be subject to regulation in an effort to facilitate identifi- cation of personally owned property as distinguished from City property and in order to allow for the movement of personally owned property to and from the premises in contradistinction to such movement of City property, which is not allowed. Sec. 2-5012 Insurance Protection Not Provided. The City, except by written agreement, ~zill not provide insurance protection against loss of per- sonally owned property, nor will the City be otherwise responsible for loss in case of fire, theft, or destruction; and, the City will not be responsible for the exercise of more than reasonable care over personally owned property, nor to any greater degree than is accorded its own property under similar circumstances. Sec. 2-5013 Ownership Must be Declared with Department Head. Ail persons, who for their personal use and convenience bring personally owned property to their place of employment, shall declare to their respective department heads the ownership of such property and shall file with the department head a statement of all such personally owned property used on the premises. In addition, the ownership of such personally owned property should be clearly indicated on each item. The record kept on file with the department head, together with the name of the owner, appearing on the item shall be deemed sufficient evidence to overcome the presumption that all property on the premises is property of the City. Small personal effects, which are not usually provided by the City and which are not likely to be confused with similar items belonging to the City, shall not be subject to this regulation. Section 2 If any provision of this ordinance or the applica- tion thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applica- tions of the ordinance which can be given effect without the invalid provision or application, and to this end the pro- visions of this ordinance are declared to be severable. Section 3 A public hearing on the ordinance shall be held on the __ day of , 1976, in the RECORD OF PROCEEDINGS 100 Leaves City Council Chambers, Aspen City Hall· Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law by the City Council of the City of Aspen, Colorado, at its regular meeting held at the City of Aspen on the day of , 1976. ATTEST: Stacy Standley III Mayor Kathryn S. Hauter City Clerk FINALLY day of adopted, passed and approved on the · 1976. ATTEST: Stacy Standley III Mayor Kathryn S. ~Iauter City Clerk -5-