Ordinance 1989-08
ORDINANCE NO. gc;-- t
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, PROVIDING FOR THE
IMPOUNDMENT OF ABANDONED PROPERTY; PROVIDING AUTHORITY TO SELL
ABANDONED PROPERTY AT PUBLIC AUCTION; PROVIDING FOR NOTICE; PROVIDING
FOR THE DISPOSITION OF PROCEEDS; PROVIDING FOR THE DISPOSAL OF WORTHLESS
PROPERTY; PROVIDING EXCEPTIONS; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS:
SECTION 1-
Any personal property or obstruction, except a motor vehicle, placed, left standing,
parked, erected, or laying in violation of any ordinance of the City or left unattended
in or on any public street, alley, sidewalk, park, or other public place of the City, is
hereby declared to be a nuisance, and any such property when so found, may be summarily
removed by any police officer or other officer or employee of the City and taken to
the City Hall or any other appropriate impoundment area as directed by the City
Manager and shall be kept there until redeemed or sold in accordance with the provisions
of this ordinance.
SECTION 2.
All abandoned, stolen, or recovered personal property of every kind, except motor
vehicles, which shall remain unclaimed from the Police Department or other department
of the City having custody thereof for a period of twenty (20) days without being
claimed by the owner, whether such owner is known or not, may be sold and disposed of
at public auction in accordance with the provisions of this ordinance.
SECTION 3.
The Chief of Police shall give to the City Secretary a list of all property subject
to sale under the provisions hereof and shall thereafter deliver such property to the
City Secretary before the date of sale, along with a receipt to be signed by the City
Secretary showing in detail all property so delivered. Both the Chief of Police and
the City Secretary shall retain a true copy of such receipt to maintain accountability
of such property, and all property not sold at public auction as provided herein shall
be thereafter disposed of as provided by this ordinance.
SECTION 4.
Fifteen (15) days prior to a sale under this article, a notice containing the time
and place of sale and a general descriptive list of the property to be offered for sale
shall be posted in the City Hall in the same place as agendas of public meetings are
posted, together with one other public place in the City of Wylie. In addition, such
notice shall be published one time in the official newspaper of the City not less than
fifteen (15) days prior to such sale. A copy of such notice shall be sent by certified
mail to the last known address of the owner, if the name of the owner is known to the
City Secretary.
SECTION 5.
All property subject to sale under this ordinance shall be offered for sale at the
public auction for which notice is given in accordance with Section 4 above, and such
property shall be sold to the highest bidder at such auction. Such auction shall be
conducted by the City Secretary or his designee at the place and hour designated in
the notice given pursuant hereto, and all sales shall be for cash.
SECTION 6.
The City Secretary shall keep an accurate record of each article sold under this
ordinance and the price bid and paid therefor, and shall make a complete report in
writing to the City Treasurer of the time, place, and manner of conducting the sale.
Such record shall also be furnished to the Chief of Police. Any property which has
been listed and offered for sale for which no price or sum has been offered or paid,
if deemed by the City Secretary to be worthless and without value, shall be disposed of
by placement in an appropriate trash recepticle belonging to the City. All items
indicated on the receipt held by the City Secretary and the Chief of Police shall be
disposed of either by sale or by discarding as provided in this section.
SECTION 7.
All funds received on account of a sale conducted pursuant to this ordinance
shall be delivered to the City Treasurer, who shall give his receipt therefor. The
Treasurer shall place all funds so received to the credit of the general fund of the City.
SECTION 8.
Should any paragraph, sentence, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall
not affect the validity of this ordinance as a whole or any part or provision thereof,
other than the part so declared to be invalid, illegal or unconstitutional.
SECTION 9.
This ordinance shall take effect immediately from and after its passage as the
law in such cases provides.
DULY PASSED by the
Of/?J(tL(!,i , 1989.
City Council of the City of Wylie, Texas, on the / t/
day
APPROVED:
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APPROVED AS TO FORM:
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CITY ATTORNEY