1980-014NO PD- 14
AN ORDINANCE AMENDING SECTION 24-131 1 OF CHAPTER 24, ARTICLE V,
OF THE CITY OF DENTON CODE OF ORDINANCES, AS AMENDED, ENTITLED
"DISPOSITION OF IMPOUNDED PROPERTY" AND PROVIDING FOR AUTHORITY
TO SELL, METHOD OF SALE, TIME AND PLACE OF SALE, RECORDS, LIEN
ON MOTOR VEHICLES, CLAIM BY OWNER PERMITTED, AND PURCHASE BY
OFFICERS AND EMPLOYEES PROHIBITED, PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES OR PARTS
THEREOF, AND DECLARING AN EFFECTIVE DATE
THE CITY COUNCIL OF THE CITY OF DENTON TEXAS, HEREBY ORDAINS
SECTION I
That Chapter 24, Article V, Section 24-131 1 of the City of
Denton Code of Ordinances, as amended, be and the same is hereby
amended to read as follows
"Section 24-131 1
(a) AUTHORITY TO SELL In the event that any impounded
property remains unclaimed with the city for a period of thirty
(30) days, whether or not the owner or lien holder is known, it
may be sold by the city in the manner provided by this section
Items of personal property, the sale of which is restricted by
criminal law, are not subject to the provisions of this section
(b) METHOD OF SALE All sales of impounded property shall
be by public auction, and sold to the highest bidder The
director of purchasing shall conduct such auction sales, and if
in the opinion of the director of purchasing the highest bid on
a particular item is not sufficient he may refuse the bid and
hold the item for sale at another time
(c) TIME AND PLACE OF SALE, NOTICE After determining the
time and place for a public auction, the director of purchasing
shall give notice of the auction by
(1) advertising in the official newspaper of the
city for three (3) consecutive days, the last
publication date to be not less than seven (7)
days immediately before the date of the
auction, and
(2) post notice of such auction sale in three (3)
public places within the City of Denton not
less than seven (7) days immediately pre-
ceeding the sale, and
(3) the notice of the public auction shall contain
the exact time and place of the auction and a
description list of the property to be sold
(d) RECORDS The director of purchasing shall keep
accurate records of all sales and shall submit reports to the
finance department containing
(1) a descriptive list of all items sold, and
(2) the time and place of the sale, and
(3) the price paid for the items
All funds received for sales must be delivered to the
finance department who shall deposit the funds to the credit of
the appropriate fund
(e) LIEN ON MOTOR VEHICLES The city shall have a lien on
all impounded motor vehicles for the towing expense and storage
charges as provided in Section 24-131 of this code The lien is
superior to all other liens and claims except liens for ad
valorem taxes and may be satisfied by sale of the motor vehicle
(f) CLAIM BY OWNER PERMITTED In the event that the owner
of an impounded vehicle shall claim the same at or before the
auction sale as provided herein, possession of such property
shall be given to such owner upon payment of all towing and
storage charges as provided in Section 24-131 of this code
(g) PURCHASE BY OFFICERS AND EMPLOYEES PROHIBITED An
officer or employee of the City shall not, directly or
indirectly, submit a bid for, purchase, or acquire ownership of,
personal property sold pursuant to the provisions of this
section In addition to other penalties, an officer or employee
who violates this section forfeits his office or employment "
SECTION II
That if any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof
to any person or circumstances is held invalid by any court of
competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the
City Council of the City of Denton, Texas, hereby declares it
would have enacted such remaining portions despite any such
invalidity
Eo i 4
SECTION III
That all ordinances or parts of ordinances in force when the
provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict
SECTION IV
That this ordinance shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date
of its passage
PASSED AND APPROVED this the day of
1980
L AS , MA OR
CITY OF DENTON, TEXAS
ATTEST
Wjg KS HOLT, CITY SECRETARY
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FORM
C J TAYLOR, JR , CITY ATTORNEY
CITY OF DENTON, TEXAS
BY
(I) o r q