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File #: 14-0064    Version: 1 Name: ( Second Reading) Property Disposal Ordinance
Type: Ordinance Status: Adopted
File created: 1/13/2014 In control: City Council
On agenda: 1/21/2014 Final action: 1/21/2014
Title: Property Disposal Ordinance
Related files: 13-1011
Title
Property Disposal Ordinance
 
Summary
DESCRIPTION OF TOPIC:
Per state law as referenced with the attached proposed City Ordinance the Police Department is requesting passage of this ordinance so the Department can dispose of property received into its possession. The Department handles many lost/found items that over a period of time take up valuable space in and around the building. This ordinance will allow the Police Department to dispose of this property as described by state law. The Police Department will always seek permission of the City Council to proceed with the auction with a full report forwarded to City Hall of what was auctioned, the amount collected, and what items were disposed of due to little or no value.
 
SOURCE OF FUNDING:
Please provide the amount requested: ____na________
Is this a budgeted item?na      
Please provide the budgeted amount: $______na_______   Account No. ___________na________________
If budgeted, is this a capital purchase, capital project, or special fund?      _____na____________________  
Was this item included in the Fiscal Year Capital Projects Plan?   na
If yes, please provide the amount included in Capital Projects Plan: $____na_______
Body
 
WHEREAS, the City of Foley Police Department, from time to time, comes into possession of personal property, vehicles, and other objects that have either been abandoned by their owners or that have been recovered after being stolen; and
 
WHEREAS, state laws such as Sections 11-47-116 and 32-13-3 of the Code of Alabama, allow those who come into possession of stolen or abandoned property to dispose of or use the same under certain terms and conditions; and
 
WHEREAS, the City Council desires to allow for the storage, disposition, and use of stolen and abandoned property consistent with these state laws.
 
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Foley as follows:
 
SECTION 1.      That the Chief of Police or his or her designee shall take up, document, and store such personal property, vehicles, and other objects that come into the City of Foley Police Department's care, custody, or control that were either abandoned by their owners or that are recovered after being stolen in compliance with state laws, including, but not limited to, Sections 11-47-116 and 32-13-3 of the Code of Alabama, as amended.
 
SECTION 2.      That the Chief of Police or his or her designee may dispose of, or transfer to the City for its use, said abandoned or stolen property in any manner that is then allowed by applicable state laws including, but not limited to, Sections 11-47-116 and 32-13-3 of the Code of Alabama, as amended.
 
SECTION 3.      That any and all ordinances or resolutions that are in conflict with this ordinance are hereby repealed to the extent of such conflict.
 
SECTION 4.       That this ordinance shall take effect immediately upon its publication as required by law.