The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Abandoned property
means personal property which remains unclaimed with the police department for a period of 30 days. Such property shall be conclusively presumed to have been abandoned.
Person designated by the city
means an officer or employee of the city who is designated by the city manager to be primarily responsible for the disposition of property under this article.
Property held as evidence
means property related to a charge that has been filed or to a matter that is being investigated for the filing of a charge.
(1967 Code, sec. 21-15; 2008 Code, sec. 42-31)
All unclaimed or abandoned personal property of every kind, other than contraband subject to forfeiture under Vernon’s Ann. C.C.P. chapter 59, and whiskey, wine and beer, seized by any peace officer in the state, which is not held as evidence to be used in any pending case and has not been ordered destroyed or returned to the person entitled to possession of the property by a magistrate, which shall remain unclaimed for a period of 30 days shall be delivered for disposition to a person designated by the city. If a city peace officer seizes the property, the peace officer shall deliver the property to a person designated by the city.
(1967 Code, sec. 21-16; 2008 Code, sec. 42-32)
The sale of abandoned motor vehicles or other property at public auction as provided for in this article shall be conducted between the hours of 10:00 a.m. and 4:00 p.m. at the place and hour designated in the notice.
(1967 Code, sec. 21-18; 2008 Code, sec. 42-33)
The person designated by the city shall mail a notice to the last known address of the owner of abandoned property by certified mail. Such notice shall describe the property being held, give the name and address of the officer holding such property, and state that, if the owner does not claim such property within 90 days from the date of the notice, such property will be disposed of and the proceeds, after deducting the reasonable expense of keeping such property and the costs of the disposition, placed in the treasury of the city.
(1967 Code, sec. 21-17; 2008 Code, sec. 42-34)
(a) 
If abandoned property has a fair market value of $500.00 or more and the owner or the address of the owner is unknown, the person designated by the city shall cause to be published once in a paper of general circulation in the city a notice containing a general description of the property held, the name of the owner, if known, the name and address of the officer holding such property, and a statement that, if the owner does not claim such property within 90 days from the date of the publication, such property will be disposed of and the proceeds, after deducting the reasonable expense of keeping such property and the costs of the disposition, placed in the treasury of the city. If the property has a fair market value of less than $500.00 and the owner or the address of the owner is unknown, the person designated by the city may sell or donate the property. The person designated by the city shall deposit the sale proceeds, after deducting the reasonable expense of keeping the property and costs of the sale, in the treasury of the city.
(b) 
The sale under this article of any property that has a fair market value of $500.00 or more shall be preceded by a notice published once at least 14 days prior to the date of such sale in a newspaper of general circulation in the city, stating the general description of the property, the name of the owner if known, and the date and place that such sale will occur. This article does not require disposition by sale.
(2008 Code, sec. 42-35)
The real owner of any property disposed of under this article shall have the right to file a claim to the proceeds with the city commission. A claim by the real owner must be filed not later than the 30th day after the date of disposition. If the claim is allowed by the city commission, the city treasurer shall pay the owner such funds as were paid into the treasury of the city as proceeds of the disposition. If the claim is denied by the city commission or if the city commission fails to act upon such claim within 90 days, the claimant may sue the city treasurer in a court of competent jurisdiction in the county, and, upon sufficient proof of ownership, recover judgment against the city for the recovery of the proceeds of the disposition.
(2008 Code, sec. 42-36)
If the provisions of this article have been met and the property is scheduled for disposition, the city law enforcement agency that originally seized the property may request and have the property converted to agency use. The agency at any time may transfer the property to another municipal or county law enforcement agency for the use of that agency. The agency last using the property shall return the property to the person designated by the city for disposition when the agency has completed the intended use of the property.
(2008 Code, sec. 42-37)
While offering the property for sale under this article, if a person designated by the city considers any bid as insufficient, the person may decline the bid and reoffer the property for sale.
(2008 Code, sec. 42-39)
The person designated by the city is hereby required to place all funds received by him under and by virtue of this article to the credit of the general fund, to be thereafter disbursed as the city commission shall order.
(1967 Code, sec. 21-21; 2008 Code, sec. 42-41)