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HomeMy WebLinkAboutOrdinance 16784-01-2006ORDINANCE NO. 16784-1~1-2006 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS (1886}, AS AMENDE©, BY AMENDING CHAPTER 27, "POLICE", ARTICLE III, "ABANDONED, STOLEN OR RECOVERED PROPERTY," TO CHANGE THE TITLE OF ARTICLE Ill TO "ABANDONED OR UNCLAIMED PROPERTY;" BY AMENDING SECTION 27-41, °`DISPOSITION OF UNCLAIMED PROPERTY," TO PROMDE THAT THE DISPOSITION OF UNCLAIMED PROPERTY SHALL APPLY TO ALL ABANDONED OR UNCLAIMED PROPERTY OF EVERY KIND; BY AMENDING SECTION 27-43, "POSTING NOTICE OF SALE AND DESCRIPTIVE LIST; ASSIGNMENT OF PROPERTY TO CITY DEPARTMENTS,"" TO CHANGE THE TITLE OF SECTION 2?-43 TO "ASSIGNMENT OF PROPERTY TO CITY DEPARTMENTS," AND TO CHANGE SECTION 27-43 TO PROVIDE THAT NOTICE REQUIREMENTS FOR THE DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY SHALL MIRROR STATE LAW; BY AMENDING SECTION 27-44, "PLACE, HOUR OF AUCTION; CASH ONLY SALES," TO CHANGE THE TITLE OF SECTION 27-44 TO "PLACE, HOUR OF AUCTION, NON-CASH SALES," AND TO REMOVE THE STIPULATION FOR CASH-ONLY SALES; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROMDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council has determined that the Fart Worth Police Department handles a large volume of abandoned and unclaimed property other than that which is stolen or recovered; and Whereas, the City Council has determined that the City Code should contain certain provision that mirror Article 18.17 of the Texas Code of Criminal Procedure for providing notice to the owner prior to the disposition of abandoned and unclaimed property; and Whereas, the City Council has determined that the previous provision for cash only sales should be changed to allow non-cash sales provided that the sale is to proceed only to buyers with a bank letter or third party guarantee; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS; SECTION 'l. Chapter 27, "Police," Article III, "Abandoned, Stolen or Recovered Property" of the Code of the City of Fort Worth, Texas (1986), as amended, is hereby amended by changing the title of Chapter 27, Article III, to read as (allows: Article Ill. ABANDONED OR UNCLAIMED PROPERTY SECTION 2, Chapter 27, "Police," Article III, "Abandaned ar Unclaimed Property," Section 27-~41, "Dispostian of unclaimed property" is hereby amended to allow for the sale of every kind of abandoned or unclaimed property by the Fart Warth Police Department, to read as follows Sectian 27-4~1. Disposition of unclaimed properly, All abandoned or unclaimed property of every kind which shall remain unclaimed with the police department for a period of four (4} months without being claimed or reclaimed by the owners, whether known or not, may be sold at public auction or appropriated to the city's use, as provided in this article. SECTION 3. Chapter 27, "Police," Article Ili, "Abandoned or Unclaimed Property," Section 27-43, "Posting notice of sale and descriptive list; assignment of property to city departments" is hereby amended to change the title and to change the notice requirement to provide that notice for the disposition of abandoned or unclaimed property shall mirror state law under Article 18.17 of the Cade of Criminal Procedure, to read as follows: 2 Sec. 27-43. Nofiice of sale; assignmenfi of property to city departments. Notice of sale shall be given pursuant to the requirements of Article 15.17 of the Code of Criminal Procedure. Thereafter, property shall be offered far sale at public auction to the highest bidder. Such property may be sold as individual items or assembled in lots at the discretion of the purchasing agent. Provided, however, that the head of any department of the city may request, in writing, that any items offered or to be offered for sale be assigned to his or her department. The purchasing agent may, at his or her discretion, assign such item or items to such department or self such item or items at public auction. SECTI®N 4. Chapter 27, "Police," Article III, "Abandoned or Unclaimed Property," Section 27-44, "Place, hour of auction; cash sales only" is hereby amended to change the title of the section and to allow fnr non-cash sales, to read as follows: Section 27-44. Place, hour of auction; Non-cash sales. The public auction provided for in the preceding section shall be conducted at the place and hour designated in the notice. Nan-cash sales will be allowed only to buyers with a bank letter or athird-party guarantee. SECTI®N 5. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Part Worth, Texas (198&), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTI®N 6. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if 3 any phrase, clause, sentence, paragraph ar section of this ordinance shalt be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality snail not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTI®N 7. This ordinance shall take effect and be in full force and effect from and after the date of its passage, and it is so ordained. APPROVED AS TO FORM AND LEGAhITY: ,~ : ~~ ~ ~ ~ ASSISTANT CITY AfiTORNEY ~ fr DATE: L ..(1 I ~-I { r~'~1~ ADOPTED:. '-~- .. r ~~~ EFFECTIVE: ; 1(~~n ~^~, ~G7; 4 Cii~ of ~~rt V~/®rt~, ~~~a~ COUNCIL ACTION: Approved on 1124/2006 - Urdir~ance No. 16784-~[-2006 ®ATE. Tuesday, January 24, 2006 LOG NAME: 35NOTIGE REFERENCE NO.: G-15072 SUEJECT: Amend Article III, Section 27, Abandoned, Staler ar Recovered Property of the i=ort Worth Code to Revert to Notice Requirements of State Law and to Remove the Stipulation for Cash-Only Safes RECOMMENDATION: It is recommended that the City Councif adopt the attached ordinance amending Article III, Section 27, abandoned, stolen or recovered property of the Fort Worth Code to revert to notice requirements outlined in State faw regarding disposition of abandoned and unclaimed property and to remove the stipulation for cash-only sales. DISCUSSION: The Fort Worth Police Department handles a urge volume of abandoned and unclaimed property ranging from recovered stolen property, to personal property of people arrested in Fort Worth, to vehicles abandoned on Fort Worth roadways. At the Fort Werth Auta Pound, this property is auctioned on a bi- weekly basis as appropriate. Article 18.17 of the Gade of Criminal Procedure requires a certified letter to the last-known owner of this property valued at $500 notifying them of the City`s possession of the items. If the items remain unclaimed for 90 days, the City may dispose of the property via auction or conversion for City use. Subsequent sale of any property with a value of $500 or more, whether the owner is known or unknown, requires a 14- day notice in a paper of general circulation with a description of the property, names of the owner if known, and the date and place that the sale will occur. The 1977 Fort Worth ordinance governing this activity requires a 30-day notice of the sale and a description of all property to be sold. The list is to be published at the County Courthouse and at the regular entrances to City Hafl in addition to notice sent via certified mail to the fast known owner, if available. This is impractical and has not been folfowed for many years due to the volume of property handled. This amendment reflects staffs opinion that following the State requirements sufficiently protects the interests of property-owners while allowing efficient disposition of property. In addition, Section 27-44 indicates that all safes shall be for cash. However, with the outsourcing of the auction activities at the Fort Worth Auta Pound, the auction vendor has provided the service of guaranteeing checks for buyers for a fee at nn risk to the City of Fort Worth. They have also been accepting bank letters indicating availability of funds_ This is a preferred option due to some of the dealers that buy a large number of vehicles on a routine basis where cash transactions may be less prudent. This amendment reflects this change in practice. FISCAL INFORMATIONIGERTIFICATION: The Finance Director certifies that this action has no material effect,on Gity funds. Lagname: 35NOTXCE Page ] of 2 TO FundlAccnuntlCenters FROM FundlAccauntJCenters Submitted for City Manager`s Office b~ Joe Paniagua {8999) Ori inatin De artment Head; Ralph Mendoza (4290} Additional Information Contact; Susan Alanis (4229} Logname: 35NOTICE Page 2 of 2