(a)
All
abandoned, stolen, or recovered personal property of every kind which
shall remain unclaimed with the city for a period of at least thirty
(30) days without being claimed or reclaimed by the owners, whether
known or not, shall be delivered to the city manager. This section
does not apply to motor vehicles, outboard motors, motorboats, and
other vessels as defined in V.T.C.A., Health and Safety Code, sec.
365.011 (Texas Litter Abatement Act); to beer, whisky, or wine; to
contraband subject to forfeiture under Texas Code of Criminal Procedure,
chapter 59; to property being held as evidence in a pending case;
or when a magistrate orders destruction of the property.
(b)
The
city manager shall give notice to the owner of any abandoned, stolen,
or recovered personal property that remains unclaimed for thirty (30)
days. If the owner is known, notice shall be given by certified mail
to the last known address of the owner of the property and include
a description of the property, the name and address of the officer
holding such property, and a statement indicating that if the owner
does not claim the property within six (6) months from the date of
the notice, the property will be sold and the proceeds of such sale
placed in the municipal treasury. If the owner is unknown or the owner’s
address is unknown, then the city manager shall publish a notice of
the description of the property, name of the owner, if known, the
name and address of the officer holding such property, and a statement
indicating that if the owner does not claim the property within six
(6) months from the date of the notice, the property will be sold
and the proceeds of such sale placed in the municipal treasury.
(c)
Before
selling any unclaimed personal property, the city manager shall post
a notice of the sale in a newspaper of general circulation in the
city at least twenty-one (21) days before the date of the sale. The
notice of the sale shall describe the property, the name of the owner
if known, and designate the time, date, and place of sale.
(d)
The
city manager or his designee shall conduct the sale or public auction
at which unclaimed personal property is to be sold to the highest
bidder. An accurate description of each piece of property sold, the
sale price, and the name and address of the bidder shall also be kept.
The city manager or his designee shall provide a copy of such report
to the city secretary as soon as possible after the close of sale.
A bill of sale of the property shall be executed by the city to the
purchaser.
(e)
The
city may consider any bid as insufficient and decline such bid and
reoffer the property for sale.
(f)
The
real owner of any personal property sold shall have the right to file
a claim to the proceeds of such sale with the city council. If the
claim is allowed by the city council, the owner shall be paid such
funds as were paid into the treasury of the city as proceeds of the
sale, after deducting the reasonable expense of keeping such property
and the costs of such sale. If the claim is denied by the city council
or the city council fails to act upon such claim within ninety (90)
days, the claimant may sue the city in a court of competent jurisdiction,
and upon sufficient proof of ownership recover judgment against the
city for recovery of the proceeds of the sale.
(g)
If
the provisions of this section have been met and the property is scheduled
for sale, the police department may have any property originally seized
by the department converted to department use. The police department
shall return the property to the custody of the city manager for sale
when the department has completed the intended use of the property.
(2001 Code, sec. 31.020; Ordinance
adopting Code)
All funds received on account of the sale of unclaimed, seized,
recovered, or surplus property shall be delivered to the city which
shall deposit the proceeds of the sale in the general fund of the
city, after deducting reasonable expenses of keeping such property
and any costs of the sale.
(2001 Code, sec. 31.022; Ordinance
adopting Code)
Any property which has been listed and offered for sale under
the provisions of this article and for which no price or sum has been
offered, if deemed in the opinion of the mayor to be worthless and
without value, shall be disposed of in such manner as he shall prescribe.
A written description of all property destroyed or disposed of as
worthless or without value shall be filed with the city secretary,
together with the date and manner of disposal.
(2001 Code, sec. 31.023)
All controlled substances, marijuana, drug paraphernalia, and
money seized by the police department shall be taken into custody
and disposed of in accordance with V.T.C.A., Health and Safety Code,
sections 481.159 through 481.160.
(2001 Code, sec. 31.024)
(a)
All
abandoned, stolen, or recovered firearms or other weapons and ammunition
that have remained unclaimed or unidentified by the rightful owner
thereof for a period of sixty (60) days and which are not being held
as evidence pending a case filed by record shall be destroyed by a
police officer in the presence of the mayor and/or police chief. Before
any such firearms or weapons shall be destroyed, any case numbers,
make, model, type, and serial numbers, if available, shall be prepared
and kept on record along with the scheduled time, date, place, and
manner of destruction.
(b)
Any handguns, rifles, and/or shotguns that have been classified as antiques or collector’s items as may be determined by the police chief or by a firearms expert selected by the police chief can be sold in the public interest in accordance with section 1.07.001 to any person holding a federal firearms license, provided that their sale is not restricted by law.
(c)
Any
weapon or ammunition that the police chief has determined to be serviceable
or usable may be kept for use by the police department.
(2001 Code, sec. 31.025)
(a)
Weapons
seized in connection with an offense involving the use of a weapon
or an offense committed under chapter 46 of the Penal Code shall be
kept by the police department, subject to the following provisions,
unless:
(b)
When a weapon described in subsection (a) is seized, and the seizure is not made pursuant to a search or arrest warrant, the person seizing the weapon shall prepare and deliver to a magistrate a written inventory of each weapon seized.
(c)
If
there is no prosecution or conviction for an offense involving the
seized weapon, the magistrate to whom the seizure was reported shall
notify in writing the person found in possession that he is entitled
to the weapon upon request to the court in which he was convicted.
If the weapon is not requested within sixty (60) days after notification,
the magistrate shall order the weapon destroyed or forfeited to the
state for use by the police department of the city.
(d)
A
person convicted under chapter 46 of the Penal Code is entitled to
the seized weapon upon request to the police department. However,
the court entering the judgment of conviction shall order the weapon
destroyed or forfeited to the state for use by the police department
if:
(e)
If
the person found in possession of a weapon is convicted of an offense
involving the use of the weapon, the court entering judgment of conviction
shall order destruction of the weapon or forfeiture to the state for
use by the police department.
(2001 Code, sec. 31.026)
If money is seized by the police department in connection with
a violation of chapter 47 of the Texas Penal Code, the city may deposit
the money in an interest-bearing bank account until a final judgment
is rendered concerning the violation. If a final judgment is rendered
concerning the alleged violation, the money shall be distributed according
to the terms of chapter 18, Vernon’s Ann. C.C.P.
(2001 Code, sec. 31.027)
