Ord. No. 271 — DISPOSITION OF CERTAIN ABANDONED, ETC., PROPERTY TO CHARITABLE OR OTHER WORTHY ORGANIZATIONS (§ 502.1)

ORDINANCE NO. 271 [DISPOSITION OF CERTAIN ABANDONED, ETC., PROPERTY TO CHARITABLE OR OTHER WORTHY ORGANIZATIONS (§ 502.1)]

Adopted by City Commission ..... | Sept. 3, 1968 Referendum Election ..... | Nov. 5, 1968 Certified by Election Commission AN ORDINANCE TO AMEND THE CHARTER OF THE CITY OF MEMPHIS, SAME BEING CHAPTER 11, OF THE ACTS OF 1879 AS AMENDED PURSUANT TO THE PROVISIONS OF ARTICLE 11, SECTION 9 OF THE CONSTITUTION OF THE STATE OF TENNESSEE (HOME RULE AMENDMENT) SO AS TO AUTHORIZE THE DIRECTOR OF FIRE AND POLICE OF THE CITY OF MEMPHIS, IN HIS DISCRETION TO TURN OVER TO CHARITABLE OR OTHER WORTHY ORGANIZATIONS, CAUSES, PROJECTS OR PROGRAMS CERTAIN ABANDONED, STOLEN AND RECOVERED PROPERTY WITHOUT THE NECESSITY OF PUBLIC AUCTION OF SUCH PROPERTY AS PROVIDED BY ARTICLE 52 OF THE CHARTER OF THE CITY OF MEMPHIS. PREAMBLE WHEREAS, the Memphis Police Department has in its possession numerous items of unclaimed, abandoned, stolen and recovered property, including bicycles, food, clothing, household goods and similar articles, which are disposed of at public auction under provisions of Article 52 of the Charter of the City of Memphis; and WHEREAS, said articles are often purchased at auction by the highest bidders at fractions of their actual value; and WHEREAS, it appears in the best interest of the citizens of the City of Memphis that such property should, wherever possible and appropriate, be applied or contributed for use and benefit of underprivileged children and other worthy individuals, causes and programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF MEMPHIS, That the present Charter of said City consisting of the provisions of the Acts of the State of Tennessee for the year 1879, Chapter 11, as amended, be and the same is hereby amended as follows: Section 1. By adding after Article 52, Section 502 of the Charter of the City of Memphis the following: "The Director of Fire and Police of the City of Memphis shall have authority, in his discretion, to authorize and direct that abandoned, stolen and recovered bicycles, food, clothing, household goods and similar property, which shall remain unclaimed with the Memphis Police Department, as provided for in Section 495 of the Charter of the City of Memphis, be turned over to any charitable or other worthy organization, cause, project or program for use in activities of such organization, cause, project or program; said property may be so disposed of by order of the Director of Fire and Police without the necessity of holding public auction or otherwise complying with the provisions of Article 52, Code of the City of Memphis. Provided, however, when such property is so disposed of in the discretion of the Director of Fire and Police, he shall thereafter report to the Comptroller of the City of Memphis in writing the date of disposition and description of said property, and the identity of the organization, cause, project or program which received the property. Section 2. Nonconflicting, conflicting laws. BE IT FURTHER ORDAINED, that all laws constituting the present Charter of the City of Memphis, not in conflict with this amendatory Home Rule Ordinance, be and the same are continued in full force and effect, and all laws in conflict therewith are hereby repealed. Section 3. Severability. BE IT FURTHER ORDAINED, that if any clause, sentence, paragraph, section or part of this ordinance shall be held or declared to be unconstitutional or void, it shall not affect the remaining parts of this ordinance, it being hereby declared to be the legislative intent to have passed the remainder of this ordinance notwithstanding the parts so held to be invalid, if any. Section 4. Publication of home rule amendment. BE IT FURTHER ORDAINED, that the Comptroller be and he is hereby directed to cause this proposal (ordinance) to be published pursuant to the provisions of Article 11, Section 9, of the Constitution of the State of Tennessee. Section 5. Proposal and preference. BE IT FURTHER ORDAINED, that the Comptroller be and he is hereby directed to deliver a copy of this Ordinance to the Shelby County Election Commission, together with a suggested proposal and the following form of preference to be placed on the ballot in an election to be held on the 5th day of November, 1968: REFERENDUM ON HOME RULE AMENDMENT TO CHARTER OF THE CITY OF MEMPHIS AUTHORIZING THE DIRECTOR OF FIRE AND POLICE OF THE CITY OF MEMPHIS, IN HIS DISCRETION, TO TURN OVER TO CHARITABLE OR OTHER WORTHY ORGANIZATIONS, CAUSES, PROJECTS OR PROGRAMS, CERTAIN ABANDONED, STOLEN AND RECOVERED PROPERTY, WITHOUT THE NECESSITY OF PUBLIC AUCTION OR OTHER PROCEDURE REQUIRED BY ARTICLE 52, CHARTER OF THE CITY OF MEMPHIS. An Ordinance of the City of Memphis adopted on the ____________ day of ____________ / ____________ / ____________ , 1968, providing for a referendum on a Home Rule Amendment to the Charter of said City, so as to permit the Director of Fire and Police of said City to dispose of unclaimed, abandoned, stolen and recovered property to charitable and other worthy organizations, causes, projects or programs without necessity of public auction or other procedure required by Article 52, Charter of the City of Memphis. FOR | (YES) _____ AGAINST | (NO) _____ Section 6. Effective Date. BE IT FURTHER ORDAINED, that this Ordinance shall take effect for the purposes set forth herein sixty (60) days after approval by a majority of the qualified voters voting thereon in an election to be held on the 5th day of November, 1968, the public welfare requiring it. DOWNING PRYOR, Chairman of the Council. ATTEST: DAVID R. HOPPER, Comptroller.