2011-050 ORD ADDING NEW ARTICLE VII TOWING AND IMPOUNDMENT POLICY TO TRAFFIC CODE

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(a) To claim an impounded vehicle or other property, satisfactory evidence of ownership or right of possession and proof of financial responsibility as required under Section 601.053 of the, Texas Transportation Code, as amended, must be presented to the Paris Police Department. (b) The requirement to provide proof of financial responsibility may be waived by the impounding department if, after satisfactory evidence of ownership or right of possession has been presented, the owner or individual claiming right of possession: (1) Provides an affidavit showing no intent to operate the motor vehicle until proof of financial responsibility can be attained; and (2) The vehicle is towed or carried from the impound facility by a licensed tow operator authorized to conduct operations from an impoundment facility. (c) No vehicle shall be released from the vehicle storage facility, except upon written order of release from the Paris Police Department. Sec. 31-139. Auction of impounded motor vehicles or other property. (a) If an impounded motor vehicle or other property is not claimed as provided for in Sections 31-137 and 31-138, the wrecker service company may sell the motor vehicle or other property at a public auction in accordance with state law; (b) Notice of the time and place of the public auction and a descriptive list of the motor vehicles or other property to be offered for sale shall be published at least once in a newspaper of general circulation in the City of Paris, Texas no less than 10 days prior to the date of auction in accordance with state law. (c) The purchaser of the motor vehicle or other property shall take title free and clear of all liens and claims of ownership, shall receive a sales receipt from the wrecker service company, and shall be entitled to register the purchased vehicle or other property and receive a certificate of title, if applicable. (d) The wrecker service company is entitled to reimbursement from the proceeds of the sale of a motor vehicle or other property for the cost of the auction, towing, storage, notice and publication fees. (e) Any remainder from the proceeds of a sale shall be held by the wrecker service company for the owner or lienholder for 90 days. After the period provided by Subsection (e), proceeds unclaimed by the owner or lienholder shall be deposited in an account that may be used by the wrecker service company for the payment of future towing, storage, notice, auction and publication fees resulting from impoundment, if the proceeds from the sale of the other items are insufficient to meet those fees.