(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 mayor. 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, ch. 365 (Texas Litter Abatement Act); to beer, whisky, or wine; to contraband subject to forfeiture under the Texas Code of Criminal Procedure; 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 thirty (30) days. If the owner is known, the manager [mayor] shall give notice 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 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 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 mayor 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, and the name of the owner if known, and designate the time, date, and place of sale.
(d)
The mayor or his designee shall conduct the sale or public auction at which unclaimed personal property is to be sold to the highest bidder. The mayor shall keep an accurate description of each piece of property sold, the sale price, and the name and address of the bidder. The mayor or his designee shall provide a copy of such report to the city secretary as soon as possible after the close of sale. The city shall execute a bill of sale 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 mayor for sale when the department has completed the intended use of the property.
(1995 Code, sec. 26.020)