(a) 
The police department may take into custody an abandoned motor vehicle found on public or private property, together with any personal property located in such vehicle.
(b) 
The police department may employ its own personnel, equipment, and facilities or hire persons, equipment, and facilities to remove, preserve, and store an abandoned motor vehicle it takes into custody.
(c) 
When the police department takes into custody an abandoned motor vehicle it shall notify, not later than the 10th 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, chapter 501), or Texas Parks and Wildlife Code chapter 31, 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, and inform the owner and any lienholders of their right to reclaim the motor vehicle not later than the 20th day after the date of the 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 section 8.05.063 of this article. 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.
(d) 
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 addresses of all lienholders, notice by one publication in one newspaper of general circulation in the city is sufficient notice under this article. 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 a notice by certified mail.
(Ordinance 685 adopted 11/9/95; 1999 Code, sec. 90.15)
The consequences and effect of failure to reclaim an abandoned motor vehicle are:
(1) 
If an abandoned motor vehicle (and personal property therein) has not been reclaimed as provided by this article, the police department may use such property for police department purposes.
(2) 
If the police department discontinues use of the abandoned motor vehicle, the department shall auction the vehicle as provided by this article.
(3) 
This section does not apply to an abandoned motor vehicle with a garagekeeper’s lien.
(4) 
If an abandoned motor vehicle has not been reclaimed as provided by this article, and the police department does not use the abandoned motor vehicle for police department purposes, the vehicle may be sold at a public auction. Proper notice of the public auction shall be given, and in the case of a garagekeeper’s lien, the garagekeeper shall be notified of the time and place of the auction. The purchaser of the motor vehicle takes title to the motor vehicle free and clear of all liens and claims of ownership. The purchaser shall receive a sales receipt from the police department, and is entitled to register the purchased vehicle and receive a certificate of title. From the proceeds of the sale of an abandoned motor vehicle, the police department shall reimburse itself for the expenses of the auction, the costs of towing, preserving, and storing the vehicle that resulted from placing the abandoned motor vehicle in custody, and all notice and publication costs incurred under this article. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lienholder for 90 days and then shall be deposited in a special fund that shall remain available for the payment of auction, towing, preserving, storage, and all notice and publication costs that result from placing another abandoned vehicle in custody, if the proceeds from a sale of another abandoned motor vehicle are insufficient to meet these expenses and costs. The city may transfer the amount in the special fund that exceeds $1,000.00 from the special fund to the city’s general revenue account to be used by the police department.
(5) 
The police department may treat personal property found in an abandoned vehicle as abandoned property and either sell such property at the time the vehicle is sold at auction or dispose of such property under section 8.05.065 of this article. If such personal property is sold with the abandoned vehicle at auction, the notice provided for herein shall state that the vehicle together with its contents will be sold.
(Ordinance 685 adopted 11/9/95; 1999 Code, sec. 90.16)
(a) 
A motor vehicle left for more than 10 days in a storage facility operated for commercial purposes after notice is given by registered or certified mail, return receipt requested, to the owner and to any lienholder of record under the Certificate of Title Act (V.T.C.A., Transportation Code, chapter 501) to pick up the vehicle, or for more than 10 days after a period when under a contract the vehicle was to remain on the premises of the storage facility, or a motor vehicle left for more than 10 days in a storage facility by someone other than the registered owner or by a person authorized to have possession of the motor vehicle under a contract of use, service, storage, or repair, is considered an abandoned vehicle, and shall be reported by the garagekeeper to the police department. If the notice to the owner or a lienholder is returned by the Postal Service unclaimed, notice by one publication in one newspaper of general circulation in the city is sufficient notice.
(b) 
If a garagekeeper or storage facility acquires possession of a motor vehicle for a purpose other than repair, the garagekeeper or storage facility is entitled to towing, preservation, and notification charges and to reasonable storage fees, in addition to storage fees earned pursuant to contract, for a maximum of five days only until notification is mailed to the last known registered owner and all lienholders of record as provided by subsection (a) of this section. After such notice is mailed, storage fees may continue until the vehicle is removed and all accrued charges are paid. A garagekeeper who fails to report the possession of an abandoned vehicle to the police department within 48 hours after it becomes abandoned may no longer claim reimbursement for storage of the vehicle.
(c) 
The police department, upon receipt of a report from a garagekeeper of the possession of a vehicle considered abandoned under the provisions of this section, shall follow the notification procedures provided by this article, except that custody of the vehicle shall remain with the garagekeeper until after compliance with the notification requirements. A fee in the amount established by state law shall accompany the report of the garagekeeper to the police department. The fee shall be retained by the police department and used to defray the cost of notification or other cost incurred in the disposition of the abandoned motor vehicle.
(d) 
An abandoned vehicle left in a storage facility and not reclaimed after notice is sent in the manner provided by this article shall be taken into custody by the police department and used for police department purposes as provided by section 8.05.062(1) or sold in the manner provided by section 8.05.062(4). The proceeds of a sale under this section shall first be applied to the garagekeeper’s charges for servicing, storage, and repair, but as compensation for the expense incurred by the police department in placing the vehicle in custody and the expense of auction, the police department shall retain 2% of the gross proceeds of the sale of each vehicle auctioned, unless the gross proceeds are less than $10.00. If the gross proceeds are less than $10.00, the department shall retain the $10.00 to defray expenses of custody and auction.
(e) 
Except for the termination or limitation of a claim for storage for failure to report an abandoned motor vehicle, nothing in this section may be construed to impair any lien of a garagekeeper under the laws of this state.
(Ordinance 685 adopted 11/9/95; 1999 Code, sec. 90.17; Ordinance adopting 2023 Code)
The time and occasion of the acquisition of the property shall be kept in a record book kept by the chief of police, reflecting the description and manner of acquisition, as well as the manner of preservation, storage, and ultimate disposition of the property or the proceeds therefrom.
(1966 Code, sec. 13-42; Ordinance 494 adopted 1/22/81; Ordinance 685 adopted 11/9/95; 1999 Code, sec. 90.18)
(a) 
Sale authorized; holding period.
In the event that property other than abandoned vehicles belonging to persons unknown remains preserved, stored, and unclaimed for a period of three months, a public sale of such unclaimed property shall be held by the police department at the annual regular public sale date. The chief of police is hereby authorized to fix the date of such annual public sale.
(b) 
Notice of sale.
Before the public sale of unclaimed articles authorized under subsection (a) of this section shall be held, public notice, containing a brief description of the property and articles to be sold and the time and place of such sale, shall be given in the following manner:
(1) 
Such notice shall be posted at a public place in the police department for at least 30 days prior to the date of the sale;
(2) 
Such notice shall also be posted at the courthouse in Randall County, Texas, for at least 30 days prior to the date of the sale; and
(3) 
Such notice shall be published one time in a newspaper of general circulation in the city 30 days prior to the date of the sale.
(c) 
Sales to be made to highest bidder; handling of proceeds.
All sales of unclaimed property shall be made to the highest responsible bidder, and the proceeds delivered to the city manager by the chief of police, together with his notations of the costs of the storage and preservation of the property. After the expiration of three months subsequent to the date of the public sale, the city manager shall place such proceeds in the general fund of the city.
(d) 
Claiming by owner.
The true owner of such property may claim his property in the following manner:
(1) 
In the event the true owner claims the property prior to the expiration of three months from the date of acquisition by the police department, the property shall be returned to him upon his payment to the city of a sum of money equal to the costs of preservation and storage of the property.
(2) 
In the event the true owner makes claim to the property subsequent to the public sale and prior to the expiration of three months after such sale, then he shall be entitled to the proceeds of such property less the cost of preservation and storage of the property.
(3) 
In the event the rightful owner makes claim to the property subsequent to the public sale and after the expiration of three months after such sale, then he shall have no claim whatsoever against the city.
(1966 Code, secs. 13-43—13-46; Ordinance 494 adopted 1/22/81; Ordinance 685 adopted 11/9/95; 1999 Code, secs. 90.19—90.22)