All unclaimed or abandoned personal property of every kind, except as hereinafter provided, in the possession of the police department, which shall remain unclaimed for one hundred eighty (180) days shall be presumed to be abandoned and shall be disposed of by the city as hereinafter provided. The exceptions to such disposition are as follows:
(1) 
Property held as evidence to be used in any pending case.
(2) 
Gambling paraphernalia, prohibited weapons, criminal instruments and other contraband shall be disposed of pursuant to article 18.18, C.C.P.
(3) 
Explosive weapons and chemical devices shall be disposed of pursuant to article 18.181, C.C.P.
(4) 
Weapons seized in connection with an offense involving use of a deadly weapon and/or an offense under chapter 46, P.C., shall be disposed of pursuant to article 18.19, C.C.P.
(5) 
Stolen property shall be disposed of pursuant to chapter 47, C.C.P.
(6) 
Alcoholic beverages shall be disposed of pursuant to the Alcoholic Beverage Code when applicable.
(7) 
Abandoned and junk motor vehicles shall be disposed of pursuant to Transportation Code chapter 683.
(8) 
All abandoned or unclaimed personal property of every kind, other than contraband subject to forfeiture under chapter 59 of the Texas Code of Criminal Procedure, seized by any peace officer and having a fair market value of less than $500.00, which is not held as evidence and has not been ordered destroyed or returned to the person entitled to possession of the same, may be sold or donated pursuant to article 18.17(c), C.C.P., with approval of the city manager. If donated, the donation must be for a public or civic purpose. If sold, the proceeds, less any costs of the sale, must be deposited in the general fund.
(Ordinance 86-84, sec. 1, adopted 12/9/86; Ordinance 2003-28, sec. 1, adopted 6/10/03; 1957 Code, sec. 15-31)
The following provisions authorize and provide certain administrative procedures for disposition of abandoned property by the city:
(1) 
The city shall maintain information in a suitable form of all abandoned and unclaimed property.
(2) 
The city shall have a lien on all abandoned property held for disposition for all expenses incurred in connection with taking, holding and disposing of such property. Such expenses shall be satisfied first from the proceeds of any sale of such property.
(3) 
The city shall make a complete report in writing to the director of fiscal services of the expenses and proceeds of any sale. All funds shall be shown as revenue to the general fund.
(4) 
If there is no information that shows particular property as property defined in the Code of Criminal Procedure and subject to one of the exceptions, the city may assume and administer such property as abandoned property.
(5) 
If the property is authorized for use by the chief of police after providing notice as required herein, the property shall be properly documented as property of the city and assigned for use within the department by the chief of police in writing.
(6) 
When property is sold, the receipt showing payment to the city shall constitute evidence of the transfer of title by the city. The city’s copy of the receipt shall be maintained to document the sale by the city.
(7) 
Nothing contained herein shall prevent the city manager from exercising general authority or adopting administrative regulations that supplement or provide more restrictive regulations regarding the maintenance and disposition of abandoned property.
(Ordinance 86-84, sec. 1, adopted 12/9/86; 1957 Code, sec. 15-32)
Thirty (30) days’ notice of the time and place of sale shall be posted at the courthouse door of the Ector County courthouse, and at any regular entrance to the city hall; and a copy thereof sent by certified mail to the last known address of the owner, in the event the name of the owner is known to the chief of police; and thereafter, such property shall be offered for sale at public auction to the highest bidder for cash for each piece of property separately, or assembled in lots, whichever, in the discretion of the chief of police, shall offer the best price obtainable for such property.
(Ordinance 86-84, sec. 1, adopted 12/9/86; 1957 Code, sec. 15-33)
The real owner of any property sold shall have the right to file a claim with the chief of police to the proceeds of such sale or return of the property if being used by the department. If the claim is allowed by the chief of police, the city shall pay the owner such funds as were paid into the treasury of the city as proceeds of the sale or return the property if being used by the department. If the claim is denied by the chief of police or if the chief of police fails to act upon such claim within ninety (90) days, the claimant may sue the city in a court of competent jurisdiction in the county, and, upon sufficient proof of ownership, recover judgment against such for the recovery of the proceeds of the sale or the property being used.
(Ordinance 86-84, sec. 1, adopted 12/9/86; 1957 Code, sec. 15-34)
The following provisions shall apply, in lieu of section 1-9-3, regarding any firearms possessed by the department as abandoned property and not subject to one of the statutory exceptions provided herein:
(1) 
With regard to persons who are licensed ordnance distributors holding a federal class III firearm’s permit, engaged primarily in ordnance distribution to military and law enforcement personnel, and who have complied with all state and federal laws, the sale or trade of firearms shall be in any manner that in the opinion of the chief of police will provide the greatest economic gain to the city, including auction, sealed bid, or written bid, or by negotiation when there is only one qualified competitive bidder.
(2) 
In the event that it is determined by the chief of police that the sale or trade of rifles or shotguns pursuant to subsection (1) would not realize the greatest economic gain to the city, then the chief of police is authorized to dispose of such rifles and shotguns by means of public auction.
(3) 
The city council may approve the sale or trade of firearms to any government entity for monetary or other public purpose consideration.
(4) 
If such firearms do not have any market value, or in the interest of public safety there is no means to dispose of such firearms other than by destruction, in the opinion of the chief of police, the chief of police may authorize such firearms to be destroyed as provided herein.
(5) 
The city may purchase firearms from a licensed ordnance distributor and apply the amount to be paid by the dealer as a credit or offset against the cost of the purchase of such firearms by the department. If the amount to be purchased is in excess of ten thousand dollars ($10,000.00) the city must comply with Local Government Code chapter 252.
(6) 
When firearms have been abandoned they may be authorized for use in the police department by the chief of police when the chief of police determines that such firearms are needed and safe for use.
(7) 
Nothing contained herein shall prevent the city manager from exercising general authority or adopting administrative regulations that supplement or provide more restrictive regulations regarding the maintenance, sell, trade or use of abandoned firearms.
(Ordinance 86-84, sec. 1, adopted 12/9/86; 1957 Code, sec. 15-35)
All abandoned property not sold or used pursuant to the preceding sections may be destroyed in the presence of three (3) police officers of the rank of lieutenant or higher, who shall make a report under oath to be filed with the city secretary describing the property, together with the time, date, place and manner of destruction.
(Ordinance 86-84, sec. 1, adopted 12/9/86; 1957 Code, sec. 15-36)
Cash money that is abandoned and not subject to the exceptions contained herein shall be deposited in the general fund of the city unless the money is of collection quality. Money of collection quality may be sold as other abandoned property. The department need not provide notice of such cash, but the chief of police will investigate any claims and make arrangements to return an equivalent amount of cash from the general fund if any claim is approved. If the claim is not approved by the chief of police, the claimant may only recover such sum by order of a court of competent jurisdiction.
(Ordinance 86-84, sec. 1, adopted 12/9/86; 1957 Code, sec. 15-37)