(A)
The
chief of police shall take into his custody all abandoned, lost, stolen
or recovered property of every kind.
(B)
"Abandoned
motor vehicle" means a motor vehicle that is inoperable and more than
eight years old and left unattended on public property for more than
48 hours, or a motor vehicle that has remained illegally on public
property for a period of more than 48 hours, or a motor vehicle that
has remained on private property without the consent of the owner
or person in control of the property for more than 48 hours, or a
motor vehicle left unattended on the right-of-way of a designated
county, state, or federal highway within this state for more than
48 hours or for more than 12 hours on a turnpike project constructed
and maintained by the Texas Turnpike Authority.
(Ordinance adopted 1/3/1952; Ordinance 6160 adopted 2/8/1983)
All such property described in the preceding Section as is taken
into custody by the chief of police shall by him be registered in
a record book provided for that purpose and shall also be tagged.
The chief of police shall enter upon his register and upon the tag
the following information:
(A)
Description
of the property.
(B)
Time
and place seized and by whom.
(C)
Name
of the owner, if known.
(D)
Storage
and hauling charges accrued against the property.
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The charges made against such property shall be the actual expense
incurred by the City in hauling and storing the same, except that
there shall be a minimum charge of $1.00 per day for storage of automobiles
and other vehicles.
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(Ordinance adopted 1/3/1952)
All abandoned, lost, stolen or recovered property which shall
remain unclaimed with the chief of police for a period of 60 days
after the first charges accrue, without being claimed or reclaimed
by the owners, whether known or not, may be sold at public auction.
(Ordinance adopted 1/3/1952)
(A)
When
the Midland police department takes into custody an abandoned motor
vehicle, it shall notify not later than the tenth day after taking
the motor vehicle into custody, by certified mail, the last known
registered owner of the motor vehicle and all lienholders of record,
pursuant to the Certificate of Title Act (V.T.C.A., Transportation
Code ch. 501), that the vehicle has been taken into custody. The notice
shall describe the year, make, model and vehicle identification number
of the abandoned motor vehicle, set forth the location of the facility
where the motor vehicle is being held, inform the owner and any lienholders
of their right to reclaim the motor vehicle not later than the 20th
day after the date of notice, on payment of all towing, preservation
and storage charges resulting from placing the vehicle in custody,
or garagekeeper's charges if notice is under V.T.C.A., Transportation
Code § 683.032. The notice shall also state that the failure
of the owner or lienholders to exercise their right to reclaim the
vehicle within the time provided constitutes a waiver by the owner
and lienholders of all right, title and interest in the vehicle and
their consent to the sale of the abandoned motor vehicle at a public
auction.
(B)
If the
identity of the last registered owner cannot be determined, if the
registration contains no address for the owner, or if it is impossible
to determine with reasonable certainty the identity and address of
all lienholders, notice by one publication in one newspaper of general
circulation in the area where the motor vehicle was abandoned is sufficient
notice. The notice by publication may contain multiple listings of
abandoned vehicles, shall be published within the time requirements
prescribed for notice by certified mail, and shall have the same contents
required for notice by certified mail.
(C)
If an
abandoned motor vehicle has not been reclaimed as provided above,
then the chief of police shall sell such property. The chief of police
shall give ten days' notice of the time and place of the sale. He
shall also post or have posted at the courthouse door and at or near
any regular entrance to the city hall a list of the property to be
offered for sale.
(Ordinance adopted 1/3/1952; Ordinance 6161 adopted 2/8/1983; Ordinance 6235 adopted 6/28/1983)
The purchasing agent, or his duly authorized representative,
shall conduct the auction sale referred to in this Chapter. He shall
keep an accurate statement of each article or motor vehicle, or both,
sold, and the price bid and paid therefor. The purchasing agent shall
make a complete report in writing to the finance officer of the time,
place and manner of conducting the sale.
(Ordinance adopted 1/3/1952)
The public auction provided for in this Chapter shall be conducted
at the place and hour designated in the notice, and all sales shall
be for cash.
(Ordinance adopted 1/3/1952)
All funds received on account of any auction held under the
provisions of this Chapter shall be delivered to the finance officer,
who shall give his receipt therefor. The finance officer is hereby
required to place all funds received by him under and by virtue of
this Chapter to the credit of the general fund.
(Ordinance adopted 1/3/1952)
After the notice provided for in Section 6-3-4 has been given, the property shall be offered for sale at public auction to the highest bidder for each piece of property, separately or assembled in lots, whichever in the begdiscretion of the purchasing agent shall offer the best price obtainable for such property, except motor vehicles, which shall be sold separately.
(Ordinance adopted 1/3/1952)
Any property which has been listed and offered for sale and
for which no price or sum has been offered, if deemed by the purchasing
agent to be worthless and without sale value, shall be disposed of
in such manner as the Council may direct.
(Ordinance adopted 1/3/1952)
If and when requested to do so by the chief of police, the purchasing
agent shall procure a policy of insurance from a reputable insurance
company, which shall protect and indemnify the City and its agents
and employees against claims arising from loss of or damage to such
property.
(Ordinance adopted 1/3/1952)
