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HomeMy WebLinkAboutOrdinance No. 81-04 � ORDINANCE N0 . ' �� �� AN ORDINANCE OF THE CITY OF FRIENDSWOOD AUTHORIZING THE DISPOSITION OF ABANDONED OR UNCLAIMED PROPERTY SEIZED BY CITY OF FRIENDSWOOD PEACE OFFICERS ; ESTABLISH- ING PROCEDURES FOR NOTIFICATION TO OWNERS OF SUCH PROPERTY PRIOR TO DISPOSITION; ESTABLISHING PROCEDURES FOR THE SALE OF ABANDON�D OR UNCLAIMED PROPERTY; AND CONTAINING OTHER PROVISIONS RELATED TO THE SUBJECT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD, STATE OF TEXAS : Section l. All unclaimed or abandoned personal property of every kind except whiskey, wine and beer , seized by any City of Friendswood 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 the same by a magistrate , which shall remain unclaimed for a period of thirty ( 30 ) days shall be sold in accordance with the provisions of this ordinance. Section 2 . The Chief of Police 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 six (6 ) months from the date of the notice such property will be sold and the proceeds of such sale , after deducting the reasonable expense of keeping such property and the costs of the sale , placed in the treasury of the City of Friendswood. Section 3 . If the owner of such property is unknown , then the Chief of Police shall cause to be published once in a gaper of general circulation of the City a notice containing a des- cription 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 six (6 ) months from the date of the publication such property will be sold and the proceeds of such sale , after deducting the reasonable expanse of keeping such property and the costs of the sale , placed in the treasury of the City of Friendswood. Section 4. The sale of property hereunder shall be preceded by a notice published once at least three weeks prior to the date of such sale in a newspaper of general circulation in the City stating the description of the property, the names of the owner if known, and the date and place that such sale will occur. If the Chief of Police shall consider any bid as insufficient, he need not sell such property but may decline such bid and reoffer such property for sale. Section 5 . The real owner of any property sold shall have the right to file a claim to the proceeds of such sale with the City Council of the City of Friendswood. If the claim is allowed by the City Council , the City treasurer shall pay the owner such funds as were paid into the treasury of the City as proceeds of the sale. PASSED AND APPROVED on first reading this�day of y e '�� , 19 81. PASSED AND APPROVED on second reading this ���% , day , f of � � � �� , 1981. PASSED, APPROVED, AND ADOPTED on third reading this ,�� day of �,��f� , 19 81. � �.__-—__.� �. . `% �'�- �-�``� �iiw��n��y�✓�7Cti2, Mayor ATTEST: �r,��� � �, / �°-���t-t �� �C-ic �. City Secretary APPROVED AS TO FORM: City Attorney