936ORDINANCE N0. ~ ~ "
AN ORDINANCE TO ESTABLISH A PROCEDURE FOR
THE POLICE DEPARTMENT TO SELL CONFISCATED
GOODS AND DEPOSIT SAID FUNDS IN THE
POLICEMEN'S PENSION AND RETIREMENT FUND
OF THE CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, the Arkansas General Assembly of 1977 passed
Act No. 745 which authorizes towns and cities to sell
confiscated goods and the funds to be deposited in the
Policemen"s Pension and Retirement Fund; and,
WHEREAS, the City of West Memphis, Arkansas, desires
to benefit from Act No. 745 fif the 1977 General Assembly of
the Stag-of Arkansas, mentioned above, and to establish
procedures for the sale of confiscated goods;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
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THE CITY OF WEST MEMPHIS, ARKANSAS, that the following procedure
shall be effective for the sale of confiscated goods by the
Police Department of the City of West Memphis, Arkansas:
(1) Definition - CONFISCATED GOODS:
Confiscated goods includes any article possessed under
circumstances prohibited by law.
(2) Unclaimed seized property shall be sold at public
auction to be held by the Chief of Police of the City in which
the seizure took place, and the proceeds, less the cost of sale
any storage charges incurred in preserving it, shall be paid
into the City Policemen's Pension and Retirement Fund, of the
City of West Memphis, Arkansas.
(3) The time and place of sale of the seized property
shall be advertised for at least fourteen (14) days next
before the ~.ay of the sale by posting written notice at the
Police Station Door, and by publication in the form of at
least two (~) insertions, at least three (3) days apart, before
the day of sale in a weekly or daily newspaper published or
customarily distributed in the City of West Memphis, Arkansas.
(4) All seized property to be sold at public sale
shall be offered for sale on the day for which it was advertised
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between 9:00 a.m., and 3 p.m., publicly, by auction, and for
ready money. The highest bidder shall be the purchaser.
(5) The proceeds from any sale of seized property shall
be delivered to the City Treasurer of the City of West Memphis,
Arkansas, to be held by him in a separate account for a period
of three (3) months. If, during this time any person establishes
to the satisfaction of the treasurer that he was at the time of
the sale the owner of any seized article sold as above provided,
he shall be paid the amount realized from sale of such property
less the expenses of the sale. All moneys in the separate account
not claimed or paid within the designated three (3) month
period shall be paid into the Policemen's Pension and Retirement
Fund df the City of West Memphis, Arkansas.
(6) A quarterly report of the net proceeds be made to the
City Council of the City of West Memphis after the sale of the
confiscated goods.
PASSED AND APPROVED this day of ~"~U/Y ~ _,
1978.
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MAYOR
ATTEST:
CITY CLERK