R-3637-1-19 RESOLUTION NO.3637-1-19(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING THE CHIEF OF POLICE TO ADMINISTER
THE DONATION OF QUALIFYING PERSONAL PROPERTY HELD BY THE
POLICE DEPARTMENT TO OTHER LAW ENFORCEMENT ENTITIES OR NON-
PROFIT ORGANIZATIONS FOR THE BENEFIT OF THE GENERAL PUBLIC;
PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Allen Police Department ("Department") periodically comes into possession of personal
property that is unfit for use by the Department, is generally not suitable for public resale, and for which the
cost associated with the storage of the property generally exceeds the value of the property; and,
WHEREAS,the City Council of the City of Allen,Texas (the "City Council"), has determined that the Chief
of Police should be authorized, on an as-needed basis, to identify qualifying items of personal property stored
by the Department that should be donated or otherwise disposed of in accordance with applicable law; and,
WHEREAS, the City Council has determined that only items of personal property with a value of less than
five-hundred dollars($500.00) shall qualify for disposition; and,
WHEREAS, the City Council has determined that donation of qualifying personal property to other law
enforcement entities or local non-profit organizations will serve a legitimate public purpose, that sufficient
controls are in place to ensure that the public purpose will be carried out and that is in the best interests of the
City of Allen and its citizens to authorize the Chief of Police to administer the same.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The recitals set forth above are incorporated in this Resolution.
SECTION 2. For the purpose of this Resolution, the City Council defines qualifying personal property as
either (a) surplus property stored by the Department that is unfit for use by the Department, is generally not
suitable for public resale, and for which the cost associated with the storage of the property generally exceeds
the value of the property to the Department; or (b) abandoned or unclaimed personal property eligible for
donation pursuant to Article 18.17 of Texas Code of Criminal Procedure,as amended("Qualifying Property").
SECTION 3. The City Council hereby authorizes the Chief of Police ("Chief") for the City of Allen to
administer the donation of Qualifying Property to other public entities or non-profit organizations for the benefit
of the public in compliance with applicable law. The Department shall ensure that ownership of all Qualifying
Property donated pursuant to the authority granted in this Resolution is transferred by written instrument,signed
by an authorized representative of the entity receiving the property.
SECTION 4. The Department shall maintain a written record of all Qualifying Property donated pursuant to
this Resolution. The Department's record shall include, at a minimum, a description of the property donated,
the name of the entity receiving the property and date of receipt,and the signature of the Chief.
SECTION 5. Except as otherwise provided in this Section 5, all provisions of the Resolutions of the City of
Allen, Texas, in conflict with the provisions of this Resolution be, and the same are hereby, repealed, and all
other provisions not in conflict with the provisions of this Resolution shall remain in full force and effect.
Resolutions 3356-2-16(R), 3357-2-16(R), and 3358-2-16(R), as approved by the City Council on February 23,
2016, are not repealed in whole or in part by this Resolution and each shall remain in full force and effect.
SECTION 6. Should any word,sentence,paragraph,subdivision,clause,phrase or section of this Resolution,
be adjudged or held to be void or unconstitutional,the same shall not affect the validity of the remaining portions
of said Resolution which shall remain in full force and effect.
SECTION 7. This Resolution shall become effective immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS,ON THIS THE 22ND DAY OF JANUARY 2019.
APPROVED:
Ste heil Terrell, AY
ATTEST:
Shelley B.George,TRMC,CITY SVCRETARY
(W W:1-8-19:TM 104355)
Resolution No.3637-1-19(R),Page 2