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Ordinance No. 90-05 ORDINANCE NO. � AN ORDINANCE WHICH WOULD AUTHORIZE CONVERSION OF ABANDONED PROPERTY TO CITY USE AFTER THE EXPIRATION OF THE REQUIRED WAITING PERIOD WHEREAS, Chapter 2.52 of the Tigard Municipal Code provides for the sale of abandoned, found, seized or stolen property; and WHEREAS, from time to time, there are items held by the police department which would be of use to the City; and WHEREAS, Chapter 2.52 does not provide for the City converting the property to its own use; now, therefore: THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1. Subsection 2.52.030(a) of the Tigard Municipal Code is amended to read as follows: 112.52.030 Sale of property. (a) At any time after the expiration of ninety days from the time the property comes into the possession of the police department, the chief of police may sell the property at public auction. The chief of police shall not sell any such property held in evidence in any court proceeding until the need for its use in that proceeding has passed. Notice of the sale shall be given once by publication in a newspaper of general circulation in the city of Tigard at least ten days before the date of sale. The notice"shall give the time and place of the sale and shal'_ describe generally the property to be sold at the sale. Section 2. Chapter 2.52 of the Tigard Municipal Code is amended by adding Section 2.52.045 to read as follows: e1 2.52.045 Use of property by city. (a) In lieu of a sale of the property under Sections 2.52.030 and 2.52.040, at any time after the expiration of ninety days from the time the property comes into the possession of the police department, the city manager may, at the request of the chief of police, convert the property to public use by entering it on the city's fixed asset inventory. r (b) Notice of the transfer of the property to the city shall be given once by publication in a newspaper of general circulation in the city of Tigard at least ten days before the property is converted to city use. The notice shall describe the property and state that the described property shall be converted to city use if the property is not reclaimed within ten days. Any claim of ownership shall be subject to the provisions of Section 2.52.020. (c) If the property is not reclaimed within ten days after publication of the notice described above, the property shall be entered on the city's fixed Bisset inventory and shall not be subject to the right of redemption. Section 2. Section 2.52.045 shall apply to all personal property, except motor vehicles, now or hereafter in the custody of the city of Tigard, as provided in Section 2.52.060. PASSED: By i�CCYl/1?'1UU5 vote of all Council members present, this /00 day of r 1990. lue t-atherine Wheatley, Rep ty- Ci y Recorder i APPROVED: ay of , 1990. Geral -R:-E wards, Mayor Approved as too form: City Attorney nud\t i gard\property.ord i