(a) 
All abandoned, stolen or recovered personal property of every kind which shall remain unclaimed with the municipality for a period of at least 30 days without being claimed or reclaimed by the owners, whether known or not, shall be delivered to the mayor. This section does not apply to motor vehicles, outboard motors, watercraft and other vessels as defined in Tex. Transp. Code section 683.001; to beer, whisky or wine; to contraband subject to forfeiture under Tex. Code Crim. Procedure ch. 59; to property being held as evidence in a pending case; or when a magistrate orders destruction of the property.
(b) 
The mayor shall give notice to the owner of any abandoned, stolen or recovered personal property that remains unclaimed for 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 the property, and a statement indicating that, if the owner does not claim the property within 6 months from the date of the notice, the property will be sold and the proceeds of the sale placed in the municipal treasury. If the owner is unknown or the owner’s address is unknown, then the mayor shall publish a notice of the description of the property, the name of the owner, if known, the name and address of the officer holding the property, and a statement indicating that, if the owner does not claim the property within 6 months from the date of the notice, the property will be sold and the proceeds of the sale placed in the municipal treasury.
(c) 
Before selling any unclaimed personal property, the mayor shall post a notice of the sale in a newspaper of general circulation in the municipality at least 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 chief of police or his or her 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 chief of police or his or her designee shall provide a copy of the 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 municipality to the purchaser.
(e) 
The municipality may consider any bid as insufficient and decline the 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 the sale with the council. If the claim is allowed by the council, the owner shall be paid the funds as were paid into the treasury of the municipality as proceeds of the sale, after deducting the reasonable expense of keeping the property and the costs of the sale. If the claim is denied by the council or the council fails to act upon the claim within 90 days, the claimant may sue the municipality in a court of competent jurisdiction, and upon sufficient proof of ownership recover judgment against the municipality 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 mayor for sale when the police department has completed the intended use of the property.
(1997 Code, sec. 31.020; Ordinance adopting Code)
(a) 
Property which is owned by the municipality and is determined to be surplus property may be sold through public auction. The mayor or his or her designee shall conduct the public auction at which the 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 mayor or his or her designee shall provide a copy of the 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 municipality to the purchaser.
(b) 
In lieu of selling surplus property of the municipality, the mayor may offer the property in trade for other property as he or she considers to be in the best interest of the municipality.
(1997 Code, sec. 31.021)
All funds received on account of the sale of unclaimed, seized, recovered or surplus property shall be delivered to the city secretary, who shall deposit the proceeds of the sale in the general fund of the municipality, after deducting reasonable expenses of keeping the property and any costs of the sale.
(1997 Code, sec. 31.022)
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 the mayor 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.
(1997 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 Tex. Health and Safety Code sections 481.159 and 481.160.
(1997 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 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 or police chief. Before any such firearms or weapons shall be destroyed, any case numbers and 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 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 1.09.001 to any person holding a federal firearms license, provided that their sale is not restricted by federal, state or local 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.
(1997 Code, sec. 31.025)
(a) 
Weapons seized in connection with an offense involving the use of a weapon or an offense committed under Tex. Penal Code ch. 46 shall be kept by the police department, subject to the following provisions, unless:
(1) 
The weapon is a prohibited weapon identified in Tex. Penal Code ch. 46; or
(2) 
The weapon is alleged to be stolen property.
(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 or she is entitled to the weapon upon request to the court in which he or she was convicted. If the weapon is not requested within 60 days after notification, the magistrate shall order the weapon destroyed or forfeited to the state for use by the police department.
(d) 
A person convicted under Tex. Penal Code ch. 46 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:
(1) 
The person does not request the weapon within 60 days after the date of the judgment of conviction;
(2) 
The person has been previously convicted under Tex. Penal Code ch. 46; or
(3) 
The weapon is defined as a prohibited weapon under Tex. Penal Code ch. 46.
(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.
(1997 Code, sec. 31.026)
If money is seized by the police department in connection with a violation of Tex. Penal Code ch. 47, the municipality 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 Tex. Code Crim. Procedure ch. 18.
(1997 Code, sec. 31.027)