(a) Generally.
All abandoned, stolen or recovered property
of every kind, to include firearms, which shall remain unclaimed with
the police department for a period of ninety (90) days without being
claimed or reclaimed by the owners, whether known or not, may be sold
at public auction or appropriated to the city’s use, as provided
in this article. Such abandoned, stolen or recovered property may
be destroyed according to the provisions as set forth in the Texas
Code of Criminal Procedure chapter 18, article 18.17, [and] article
18.19 and according to policies and procedures as set forth by the
chief of police regarding the destruction of such abandoned, stolen
or recovered property. Such policies and procedures must be approved
by the city manager or his/her designee.
(b) Notice of sale.
Ten (10) days’ notice of the time
and place of sale of all property to be offered for sale and a descriptive
list of the property to be offered for sale shall be posted at the
city hall and a copy thereof sent by registered mail to the last known
address of the owner, if the name of such owner is known. Thereafter,
such property shall be offered for sale at public auction to the highest
bidder. Such property may be sold as individual items or assembled
in lots at the discretion of the chief of police. The chief of police
may, at his or her discretion, assign such item or items to the police
department or sell such item or items at public auction.
(1987 Code, ch. 1, sec. 8A; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 1.501)
(a) Notice
of the public auction shall be published in the official newspaper
of the city fifteen (15) days prior to the date of the auction, stating
the date, time, location and items to be auctioned.
(b) The
public auction provided for in the preceding subsection shall be conducted
at the place and hour designated in the notice. All sales shall be
for cash.
(1987 Code, ch. 1, sec. 8B; 2004
Code, sec. 1.502)
The chief of police shall conduct such public auction and he/she
shall keep an accurate statement of each article sold and the price
bid and paid therefor, and shall make a complete report in writing
to the city manager or his/her designee of the time, place and manner
of conducting such sale. All funds received on account of such auction
shall be delivered to the city manager or his/her designee, who shall
give his or her receipt therefor.
(1987 Code, ch. 1, sec. 8C; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 1.503)
The city manager or his/her designee shall place all funds received
by him/her under and by virtue of this article to the credit of the
general fund, to be thereafter disbursed as the city council shall
order.
(1987 Code, ch. 1, sec. 8D; Ordinance 707 adopted 6/10/03; 2004 Code, sec. 1.504)