Ordinance No. 7,567ORDINANCE NO. 7567
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AN ORDINANCE AMENDING CHAPTER 17 "MISCELLANEOUS
PROVISIONS AND OFFENSES," ARTICLE I "IN GENERAL," SECTION
17 -5 "STOLEN, ABANDONED OR RECOVERED PROPERTY -TO BE
SOLD," "SECTION 17 -6 "SAME - PROPERTY TO BE DELIVERED TO
DIRECTOR OF FINANCE; MOTOR VEHICLES," SECTION 17 -7 "SAME -
NOTICE OF SALE; SALE PROCEDURE," 17 -9 "SAME- DUTIES OF
DIRECTOR OF FINANCE," SECTION 17 -10 "SAME -FUNDS TO BE
DEPOSITED IN GENERAL FUND," AND 17 -11 "SAME - WORTHLESS
PROPERTY," OF THE CODE OF ORDINANCES, CITY OF BAYTOWN,
TEXAS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That Chapter 17 "Miscellaneous Provisions and
Offenses," Article I "In General," Section 17 -5 "Stolen, Abandoned
or Recovered Property -To be Sold, of the Code of Ordinances, City
of Baytown, Texas, is hereby amended to read as -follows:
ARTICLE I. IN GENERAL.
Sec. 17 -5. Stolen, Abandoned or Recovered Property - -To be
Sold.
All abandoned, stolen or recovered property of every
kind, including motor vehicles, but excluding property subject
to forfeiture, whiskey, wine and beer, seized by any peace
officer which is not held as evidence to be used in any
pending case and has not been ordered destroyed or returned to
the person entitled to possession of same by a magistrate,
which shall remain unclaimed with the police department for a
period of thirty (30) days without being claimed or reclaimed
by the owners, whether known or not, may be sold or disposed
of as provided for in sections 17 -5 through 17 -11.
Section 2: That Chapter 17 "Miscellaneous Provisions and
Offenses," Article I "In General," Section 17 -6 "Same- Property to
be Delivered to Director of Finance; Motor Vehicles," of the Code
of Ordinances, City of Baytown, Texas, is hereby amended to read as
40 follows:
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• ARTICLE I. IN GENERAL.
Sec. 17 -6. Same- Property to be Delivered to Director of
Finance-; Motor Vehicles.
The chief of police shall give to the director of finance
a list of all property subject to sale or disposition and
shall thereafter deliver such property, except motor vehicles,
to the director of finance before the date of the sale, and
take a .receipt from him, showing in detail all property so
delivered. Motor vehicles shall be kept by the chief of police
until a sale has been made.
Section 3: That Chapter 17 "Miscellaneous Provisions and
Offenses," Article I "In General," Section 17 -7 "Same- Notice of
Sale; Sale Procedure," of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
ARTICLE I. IN GENERAL.
Sec. 17 -7. Same -- Notice of Intent to Dispose; Notice of
Sale; Sale Procedure.
The director of finance shall mail a notice to the last
known address of the owner of such property by certified mail.
Such notice shall describe the property being held, give the
name and address of the officer holding such property, and
shall state that if the owner does not claim such property
within ninety (90) days from the date of the notice such
property will be disposed of and the proceeds, after deducting
the reasonable cost of keeping such property and selling it,
placed in the general fund of the city.
If the property has a fair market value of $500 or more
and the owner or the address of the owner is unknown, the
director of finance shall cause to be published in the
official newspaper of the city a general description of the
property held, the name of the owner if known, the name and
address of the officer holding such property, and a statement
that if the owner does not claim such property within 90 days
from the date of publication such property will be disposed of
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and the proceeds, after deducting the reasonable cost of
keeping such property and selling it, placed in the general
fund of the city.
Twenty one (21) days' notice of the time and place of
sale, and a. descriptive list of the property and motor
vehicles or both to be offered for sale, shall be posted at
the city hall, published in the official newspaper of the
city, and a copy thereof sent by registered mail to the last
known address of the owner in the event the name of the owner
is known to the director of finance. The property shall then
be offered for sale at public auction or bidding procedure
approved by the city manager, whichever in his opinion would
be more advantageous 'to the city. The property shall be
offered for sale for each piece of property separately or
assembled in lots, except that motor vehicles shall be sold
separately.
Section 4: That Chapter 17 "Miscellaneous Provisions and
Offenses," Article I "In General," Section 17 -9 "Same- Duties of
Director of Finance," of the Code of Ordinances, City of Baytown,
Texas, is hereby amended to read as follows:
ARTICLE I. IN GENERAL.
Sec. 17 -9. Same -- Duties of Director of Finance.
The director of finance shall conduct such sale, and he
shall keep accurate statements of each article, or motor
vehicle or both, sold and the price bid and paid therefor, and
shall make a complete report in writing to the city manager of
the time, place and manner of conducting the sale and all
funds received.
If the abandoned or unclaimed personal property is money,
the director of finance, after giving notice as set out in
Sec. 17 -7, may deposit the money in accordance with Sec.
17 -10, without conducting the sale as set out in Sec. 17 -8.
If the property has a fair market value of less than $500
and the owner or the address of the owner is unknown, or the
property remains unclaimed for more than 90 days after notice
by certified mail or publication, the director of finance may
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sell the property or, upon request by the chief of police,
donate the property to a tax - exempt organization or non - profit
corporation.
If the provisions of these sections have been met, and
the property is scheduled for disposition, the director of
finance may release the property to the chief of police upon
the chief's request to have the property converted to police
department use.
Section 5: That Chapter 17 "Miscellaneous Provisions and
Offenses," Article I "In General," Section 17 -10 "Same -Funds to be
Deposited in General Fund," of the Code of Ordinances, City of
Baytown, Texas, is hereby amended to read as follows:
ARTICLE I. IN GENERAL.
Sec. 17 -10. Same -Funds to be Deposited in General Fund.
The director of finance is hereby required to place all
funds received by him under such sale to the credit of the
general fund to be thereafter disbursed as the city council
shall order.
If the abandoned property is a motor vehicle, the funds
received from such sale shall be deposited in accordance with
Section 18 -88 of the Code of Ordinances of the City of
Baytown.
Section 6: That Chapter 17 "Miscellaneous Provisions and
Offenses," Article I "In General," Section 17 -11 "Same - Worthless
Property," of the Code of Ordinances, City of Baytown, Texas, is
hereby amended to read as follows:
ARTICLE I. IN GENERAL.
Sec. 17 -11. Same -- Worthless Property and Insufficient Bid.
Any property which has been listed and offered for sale
for which no price or sum has been offered, if deemed in the
opinion of the director of finance to be worthless and without
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value, shall be disposed of in such manner as the director of
40 finance shall prescribe. The description of all property
destroyed or disposed of by the director of finance as
.worthless -or -without value --shall be-reported to 'the city
council together with the date and manner of disposal.
If the director of finance shall consider any bid as
insufficient, he need not sell the property but may decline
such bid and reoffer such property for sale.
Section 7: All ordinances or parts of ordinances inconsistent
with the terms of this ordinance are hereby repealed; provided
however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be
cumulative of other ordinances regulating and governing the subject
matter covered by this ordinance.
Section 8: If any provisions, section, exception, subsection,
paragraph, sentence, clause or phrase of this ordinance or the
application of same to any person or set of circumstances, shall
for any reason be held unconstitutional, void or invalid, such
invalidity shall not affect the validity of the remaining
provisions of this ordinance or their application to other persons
or sets of circumstances and to this end, all provisions of this
ordinance are declared to be severable.
Section 9: This ordinance shall take effect immediately from
and after its passage by the City Council of the City of Baytown.
INTRODUCED, READ and passed by the affirmative vote of the
City Council of the City of Baytown this the 9th day of November,
1995.
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PETE C. ALFARO, Mayor
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0 ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
CIO RAMIREZ, SR., Uty Attorney
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