All abandoned, stolen, recovered, or surplus property of every
kind which shall remain unclaimed with the city for a period of at
least six (6) months without being claimed or reclaimed by the owners,
whether known or not, or is surplus property of the city may be sold
at public auction. However, these provisions do not apply to motor
vehicles, outboard motors, motorboats and other vessels as defined
in article 4477-9a V.T.C.S. of the Texas Litter Abatement Act; to
beer, whisky, or wine; to property being held as evidence in a pending
case; or when a magistrate orders destruction of the property.
(2001 Code, sec. 1.1401)
(a)
The
city manager shall give notice to the owner of any personal property
that remains unclaimed for thirty (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 where the property may be redeemed, 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.
If the owner is unknown or the owner’s address is unknown, then
the city manager shall publish a notice of the description of the
property, the name of the owner, if known, and where the property
can be redeemed. If the property is not claimed within six (6) months
from the date the notice is published, it may be sold.
(b)
No
holding period is required for surplus or salvage property owned by
the city.
(2001 Code, sec. 1.1402)
In lieu of selling surplus property of the city, the city manager
may offer the property as a trade-in for new property as he considers
to be in the best interest of the city.
(2001 Code, sec. 1.1403)
(a)
Before
selling any unclaimed or surplus property, the city manager shall
post two notices of the sale, one at the county courthouse and the
other at city hall, and shall cause a copy of the notice of public
sale to be published in the official newspaper of the city at least
twenty-one (21) days before the date of the sale. The notice of the
sale shall describe the property, and designate the time, date, and
place of sale.
(b)
The
city manager, or such person as may be designated by him, shall conduct
the public auction, at which such property is to be sold to the highest
bidder. An accurate statement of each piece of property sold, the
sale price, and the name and address of the bidder shall also be kept.
He shall provide a copy of such 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 city to the purchaser.
(2001 Code, sec. 1.1404)
All funds received on account of such auction shall be delivered
to the city secretary, who shall, after deducting any costs of the
sale, deposit the proceeds of the sale in the general fund of the
city.
(2001 Code, sec. 1.1405)
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 city manager to be worthless
and without value, shall be disposed of in such manner as he 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.
(2001 Code, sec. 1.1406)
All controlled substances, marijuana, drug paraphernalia and
money seized by the police department shall be taken into custody
and disposed of in accordance with article 4476-15, sections 5.08,
5.081, and 5.082 of Vernon’s Annotated Civil Statutes.
(2001 Code, sec. 1.1407)
(a)
All
abandoned, stolen, or recovered firearms or other weapons and ammunition
that has remained unclaimed or unidentified by the rightful owner
thereof for a period of sixty (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 city manager and/or police
chief. Before any such firearms or weapons shall be destroyed, any
case numbers, 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)
However,
any handguns, rifles, and/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 to any person holding a federal firearms
license, provided that their sale is not restricted by law and that
such handguns are not so-called “Saturday Night Specials.”
(c)
In
addition, any weapon or ammunition that the police chief has determined
to be serviceable or usable may be kept for use by the police department.
(2001 Code, sec. 1.1408)
Weapons seized in connection with an offense involving the use
of a weapon or an offense committed under chapter 46 of the Penal
Code shall be kept by the police department [and] shall be disposed
of in the manner as ordered by a magistrate.
(2001 Code, sec. 1.1409)
