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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