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HomeMy WebLinkAboutOrdinance 1838 � fLED FOR R. EEC ORO '71 DEC Zo Pfd 42 24 ORDINANCE N0 . / 838 %NASHINGTON C000Y ARi( ANSAS _ - AN ORDINANCE AMENDING SECTION 16 - 2 OF 4P'I$E� Mkf fit ILLE CODE OF ORDINANCES ; DEFINING ABANDONED PERSO� APPkAPERTY ; PROVIDING FOR ADVERTISEMENT AND SALE ; AND PROVIDING FOR DISPOSITION OF PROCEEDS OF SALE OF ABANDONED PERSONAL PROPERTY . WHEREAS , the Board of Directors of the City of Fayetteville , Arkansas desires to provide for the dis - position and sale of abandoned personal property right - fully coming into the possession of the Police Department of the City of Fayetteville , Arkansas . NOW , THEREFORE , BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE , ARKANSAS : Section 1 . That § 16 - 2 of the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended to read as follows : " § 16 - 2 . Abandoned motor vehicles - - Seizure . Any motor vehicle abandoned on the streets or alleys of the city , after reasonable investigation by the chief of police to determine the fact of abandonment , shall be seized by any member of the police department , and if the owner of such vehicle shall , after being notified , appear and claim his motor vehicle , it shall be returned upon proper identification and proof of ownership , such owner to be liable for all expenses incurred by the city in the towing , storing or handling of such vehicle . If the owner of any abandoned motor vehicle is un - known , the chief of police shall cause written notice to be published in some local newspaper by two ( 2 ) insertions for a period of two ( 2 ) weeks . If ownership is established after notice has been published by the chief of police , the motor vehicle shall be returned to the owner thereof upon payment of all charges for towing , storing or handling of the vehicle and the cost of publishing the notice . " Section 2 . That the Code of Ordinances , City of Fayetteville , Arkansas is hereby amended by adding a section to be numbered 16 - 3 , which said section reads as follows : DEED �F•+� PAGE 05�• MICROFILMED DATE OC7 1 21978 REEL - 2 - 16 - 3 . Abandoned personal property - - definition . The term " abandoned property " shall refer to and include the following : All personal property , including automobiles , found on the streets of the city and in the possession of the Fayetteville Police Department , and / or any other personal property including automobiles rightfully coming into the possession of the police department , which has not been claimed and retaken by any person claiming to be the owner , within a period of six months after the personal property comes into the possession of the police department . " Section 3 . That the Code of Ordinances , City of Fayetteville , Arkansas is hereby amended by adding a section to be numbered 16 - 4 , which said section reads as follows : " 9 16 - 4 . Same - - Advertisement and sale . Whenever , in the opinion of the City Manager and the Chief of police , it is desirable to make a disposition of the abandoned property in the posses - sion of the police department , the City Manager is hereby authorized to advertise the same for public sale at auction . The advertisement shall be published in a newspaper having a general circulation in the City of Fayetteville for a period of three consecutive days , the last notice to be published not less than two days prior to the date of the sale . The sale shall be held in some suitable place open to the public . If , for any reason , in the opinion of the chief of police of city manager , it is desirable to postpone the sale , notice shall be given to those who have assembled for the sale , and it shall not be necessary to advertise the sale again . This sale shall be conducted by the police department , which is authorized to receive bids for individual items , groups of items or for the entire list of abandoned property being offered for sale . The official conducting the sale is further authorized to reject all bids if , in his opinion , it is desirable to do so . " Section 4 . That the Code of Ordinances , City of Fayetteville , Arkansas is hereby amended by adding a section to be numbered 16 - S , which said section reads as follows : pp DEED 823 PAGE858 - 3 - 16 - S . Same - - Records . A description of all articles offered for sale shall be kept in a book maintained by the police department , which book shall reflect when and where each article was offered for sale , and the price received therefor . " Section S . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a section to be numbered 16 - 6 , which said section reads as follows : " ss 16 - 6 . Same - - Disposition of proceeds of sale . The proceeds received from any such sale of abandoned property shall be turned in to the city controller to be paid into the general fund of the city . If , with - in sixty days of the actual date of sale , any person successfully establishes ownership of any of the articles sold as set out above , he shall be paid the amount realized from the sale of his abandoned chattel less the expenses of such sale including towing , storing , or handling and the cost of publication of notice of sale . Any sums remaining in the hands of the city controller and not claimed within the sixty day period , shall be the sole property of the city and shall be used in the same manner as other general funds of the city . Section 6 . That the Code of Ordinances , City of Fayetteville , Arkansas , is hereby amended by adding a section to be numbered 16 - 7 , which said section reads as follows : " § 16 - 7 . Same - - Reclamation . No part of this Ordinance shall be construed as prohibiting anyone from reclaiming any item of abandoned personal property , upon proper proof of ownership , before sale has been consummated in accordance with this section . " Section 7 . That all ordinances and all parts of ordinances in conflict herewith are hereby repealed and this ordinance shall be in full force and effect from and after its passage , approval , and publication . DEED 823 PACE 859 q - PASSED AND APPROVED this:- 116A day of Ltty� , 1971 . APPROVED : ;;;�� lAYfTj"•. OR ppTT)N Q140 �rcbtA Tkwta : ' CITY CLERK OFE6' 8�3 PAGES6� CERTIFICATE STATE OF ARKANSAS CITY OF FAYETTEVILLE I , LOVETTA MOORE , City Clerk within and for the City of Fayetteville , Arkansas , do hereby certify that the annexed and foregoing is a true and correctcopy of the Fayetteville , Arkansas , SNAG ,&,& 16 /939 , therein set forth/, and the same is as it appears of Record in Au C6..el1GA1fyyAi2!6e " -5 Volume 3L' at Pages &.. 3 thereof . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official Ike+ too seal nnthis day of era . S .i S 7i•' w 4/Jr�K/UL 19� `. moi ''•• .. . . . . •' �,+ cA` , CITY CLERK 0 E 823 PAGE861. CERTIFICATE OF RECORD State of Arkansas SS Ci*v of Fayetteville I C1crl; and I anne C. Kcn-. e ' Y, City � . r... , F i? recorder f.�r f e .. . of Fayette .'il e, xrtify t_tat t +, , iv .�ed or fore- f• e same ap- rdinrnYgn 'cca C1. 'ir'.;tce VA Ren :?'„',i >n book ' L��,\VYA: I pOWitness mY —1 day of !! . hand anr, n CClerk � - ”" ' .� •• ' CERTIFICATE OF RECORD STATE OF ARKANSAS I Washington County I SS. I, Alma L: Kollmeyer, Circuit Clerk and Ex-Officlo Reeordarfa Washington County, do hereby certify that the annexed or, forek going instrument was filed for recom in my office on th_P_ day, of �b�Fc 19 -/ f.7, and thosama is duly recorded in record ��,'3 at pagePS7 Witness my hand and seal thiel/ day of ,mac_ 19 LLMA_KOLLMEYER Circeft Clcrk and Ex-^"icio Recorded By � . .. .. . . a Dep:ay C;erk f i CUTIFICATI STATE Of' ARKANSAS CITY OF FAYETTI:VILLE I , LOVE'!'TA MOON' , City Clerk within ' and for, the City of I -:ay(I i tcville , Arkansas , do hereby certify that . t, he annexed and foregoing is a true and correct copy of the 1'aypetlevi .11e , Arkansas , therein set _ forth , and the same is as it apt} ears of Record in _ Volume —� -- at Pages-&.],! thereof . IN WITNESS 411 1111 1 0 1 , I have hereunto ( Arf; set my hand and affixed my official ?�a ♦ :�`�ji this seal — �2 - • i ..:'• �. --- day of 19 f s30 4 .• �� �,�♦ rl f0J111i CA d. CITY CLERK i DEED 823 PAGE 861 r CERTIFICATE OF RECORD STATE OF ARKANSAS I Washington County I SS. I. Alma L. Kollmeyer, Circuit Clerk and Ex-Officio Recorder for, Washington Count', do hereby certify that the annexed or foreq going ins tru ent was filed for rccorri in my o fica on the�day, of lcSl at y'Zy,cicrk AM, and the same is duly recorded in �record at pags 45 Witness my hand and seal thSP-7day of AlMA_M IMEYER Circuit Clerk and EX.('"Icio Recor By CLQ. L'eputy ark ORIPMAX tr No, ll= - A� ORDFNi AMWPIDG RIX'rTON le-I of' THF: FAY 47,011101OF OR DtNA]CEBt G ARAN- DOSF:D PER90SA0, ' PRO• ' ' T'IIIV F'OP. An RT A." u.F AND PROVIDING MR DIBPO=r. STATE of ARKANSAS TION of PROPEi OF SAIL, OV .\R>NDONEo R1t{�t• lese leo of Washington County of Washin se ,1'HERGAe. tM Hd ' Baffill of �s dir to provide ndo for Me el.p0/Ifi1t�ht an¢ r ahnning d pehepyl pftoperty I r �_ I _ �� Ili c zvminII Into lM 'Dlei it( d C < ( �f1 l� C. W � Pn4re Department d dr Ctl>� r k'av, LU��4-.Y 1 � - - -------- - hereby certify tF1flt I Fav- Is. AreeuAa. l am the blis er of TH NORTHWEST ARKANSAS TIMES, a daily nV, THEREFORE.. RE IT oR- ' . 1:En 9Y Ti BOARD OF' dirt EP. newspaper aving a second class mailing privilege, and being not lees than , OF THE CM of FAYrarr:• four pages of five columns each, published at a fixed place of business and at z:. ARKAN8 . I a fixed (daily) intervals continuously in the City of Fayetteville, County of nt T. That a 163 d me Clete 0 d annes rya; d Taythe ler Washington, Arkansas for more than a period of twelve months, circulated a . hereby amended to road as fol- and distributed from an established place of business to subscribers and readers generally of all classes in the City & County for a definite price for Abandoned moor %4]ctps — per each copy, or a fixed rice annum, which r ,urc P P price was fixed at what is motor %ehlrle abandoned An the considered the value of the publication, based upon the news value and ni of alleys in the the aver reef service value it contains, that at least fifty percent of the subscribers rehle nnacrit 0 e the rLm! d .P to determine the fare of Alban. thereto have paid cash for their subscriptions to the newspaper or its agents , .Trent. shall he seized by aov n „hat or the Dchee department. ane or through recognized news dealers over a period o1 at least six months ; z nater of Aviobpp vehicle •hat atter he and that the said newspaper publishes an average of more than forty percent ' o vehicle, appear sed ',rico oll , or ,shirts, a ehedeas and ornrd news matter. ownership.proper dencuilin teverat ane P'mf 11exitsands comer to t liable I further certify that the legal notice hereto attached in the matter of ll genas role handling the oat <-e towing. sienna nr fyaY d se`. : o If hi a Der nt ow . on p •L moor vehicle p enkmwn, no, or Douce shell rause writtenI no, „ [:Ze�f-V.u�i uW. f- -_=_-L-O__-_--_!.!!...��-..-_- . c In be Dubwo 1 M enure ... a .. a par tel two re, I, if n% a n! two week•. If hAq been / ,Ior aro-, nnt::'P na, keen was published in the regular daily issue of said newspaper for-----__(.. wd lb. inn ,Marr nr n:l r returnet tIhe iinsertioq as follows : r sMr shat) Wd ns +.ner � Weruef apex payment of all � W hMdHng The [fret insertion on the _ - - ?^ y - al ___- da of -- - A:: __ 19- � - lagg"tit » - .1. 2: al Na ArN'4s Is lanm. Fa„ adding Arkanast tr hereby the second insertion on the ____ __ day of -..-._ -. ___ 19- -.-- +,ee ny adding • stets• to ea num- e-," whim •ara rrylypn ,Feeda as the third insertion on the ----- _ day of eFa ndnnad Deramral Dmpertl i.�,, - "anandmen yrnDe4.+ etas and the fourth insertion on the _._ __ _ ._ ... _ day of __----_—_---------- 19---_------ - to Ant ItIote the follow no! 1 priscolal nmM t includ0d �T G njol r d �. lir :Ircrls of flys �1 . ---c 1 II D n of IY iii ��a P . IRP I , parmlept, and In p r - III t m: el Dtopas Will rmmlwe into ra Sworn to and subscribed before me on this - Cali - da of -------------- __- n 1 v pnl rr degrtmenl . - y ^. `as -11 hr claimed and tr ... n Ile � ; ------ -� . Noi Public •. My Commission Expires : .:.e ,,I r .' odbtsale ai ant •:r The adveMU taL u, a. -pub, Fees for Printing . ,hed in a adR. r ...-_- {... .. era[ dath ill VIS }}����ttee Ville far a ve @niAinellYllaww Cost of Proof . . . ddays, the set-. IR: d __.-_ . . _....""--"_'_ -------- II Iw IhY ,{I��YDedat, . me it d Ne �M. ib pbr held n estate entabll` shlu Aft 16 the Total ...... fQ- nubuia. u. V�s��pp'� my l. in the Anion d ihl'�hiet of At city nage,. n e dil.lrahleM p^slpnna _. :. hi'lVillm m11, ,. r . , . q I, a :, el .a sale acts a, This sale •hall be mill, duculdI the mmim.4putdmt. which 1al ", . b " NY+�r Ndl. fuel tem,. F"oust d Items or ter t , 1 tlesttiPbM d all P I ., for rale shall be kept in ` Offered lalnetl b!' ❑re pollee dlpertmpptk which book shall reflectwhen and where each Adn-I was othere d for alta, and the Price reserved theta ' Recruit .i. ofa1 the Code of Ordh s is hereby Cllr of Fay'ettevile, Arkansas, hby emended br adding a aection re ds ns folio tl 1g5, which laid section reeds as follows: s "a 16E. Name —Dllpealtlpa Of proceeds d sale. The ormreods reeeivetl f each ale d abandoned spot any turned in to the cdyt= shell be Mid into the y rontlbller 10 be Ill within sisD�daysl fund d Ne Pty. Of sale am d Ne actual date Ilshea ownershperson u�aafaSy estab. sold as p bo any d Ne articles the em0u�11 out eboxe, he shall be Mid his Abandoned abutl from the sale of penses Of such Mattel less Ne es. storing, o sale including towing. Pubilcatlno of nollicY d an the Poet or rcmaining in the hands fr.ol 11 sums controller' and not claimed w'uhm trhe sis Dday gelled. shall he sole PrOPPrl> of the Pity and shell Ibe used In the .same manner As other general funds of The city, Pill F. That 'he t5ele Of OM1. oars, City of Fnxtteville, Arkansas, ss hereby attended by add ng a seMlon ^ PIP numbered 154, which said section ' rads as follows: s .. IS7. Pon No armed NO MIL of Phi Ordinance shall be ton, med as claiming aprohibiting anyone from re, ny item of abandoned Rn seaal property. upon proper Ownership, before sale has sbeln�p� ummated N atcpttlance with this sea flow., fielders 7. 'Drat all Ord inences and all ' am hll d y repeatencexd in conflict herewith {ebY repealed and Nis Ordinance shall be In NII force and effect (corn and atter Ib passage, approval, and pub and an. PASSED AND APPROVED Nis 6Hf day d Denmbpr. 1971. APPROVED% : .r F. STARK, Mayor -rl:wr: "Its Moore. len a-Itw