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