Loading...
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: -'_o~_o~ -, \... .------ -----_."'~ , . .... .....--- C..:~~ MAYO'R~- .--~ -..----'- ATTEST: <;::.:%;~ "\ / I i / . '71k~ RY APPROVED AS TO FORM: (/000_) 0 -+ C\ (\ (\ (\ ~~~/1 rJ\. ()dWbv~t/~ CITY ATTORNEY