§ 1-18. Sale of abandoned, unclaimed property.

(a)

Abandoned, stolen, or recovered property to be sold. All abandoned, stolen, or recovered property of every kind, except motor vehicles, outboard motors, motorboats and other vessels as defined in Article 4477-9a V.T.C.S. of the Texas Litter Abatement Act, which shall remain unclaimed with the police department for a period of 30 days without being claimed or reclaimed by the owners, whether known or not, may be sold at public auction.

(b)

Public auction of unclaimed property. Before selling any unclaimed property, the chief of police 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 once a week for two consecutive weeks, with the date of the first publication to be at least 14 days prior to the day of the sale. The notice of the sale shall describe the impounded property, state that same is unredeemed and therefore will be sold at public auction, designate the time, date, and place of sale which shall not be less than 14 days from the date of the first publication and posting of such notice.

The chief of police, 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. The chief of police shall keep an accurate statement of each piece of property sold, the sale price, and the name and address of the bidder. 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.

All funds received on account of such auction shall be delivered to the city secretary who shall give his receipt therefor.

(c)

All sales for cash. All sales made pursuant to the provisions of this section shall be made for cash.

(d)

Proceeds credited to general fund. After deducting any costs of the sale, the proceeds of the sale are to be deposited in the general fund of the city and disbursed as the city council shall order.

(e)

Worthless property. Any property which has been listed and offered for sale under the provisions of this section and for which no price or sum has been offered, if deemed in the opinion of the chief of police to be worthless and without value, shall be disposed of in such manner as he shall prescribe. The description of all property destroyed or disposed of as worthless or without value shall be reported to the city council, together with the date and manner of disposal.

(f)

Controlled substances to be destroyed. All controlled substances and marijuana taken into custody and which is not being held as evidence pending case filed by record, shall be destroyed by the chief of police in the presence of the city manager or mayor and at least one police officer.

(g)

Abandoned, stolen, or recovered firearms and weapons. 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 60 days and which are not being held as evidence pending case filed by record, shall be destroyed by the chief of police in the presence of the city manager or mayor and at least one police officer. Before any such firearms or weapons including 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.

However, any handguns, rifles, and/or shotguns that have been classified as antiques or collector's items by a firearms expert selected by the chief of police or which has been determined by the chief of police can be sold in the public interest and may be sold to any person holding a federal firearms license; provided that their sale is not restricted by criminal law and that such handguns are not so called "Saturday Night Specials."

In addition, any handgun, rifle, and/or shotgun that the chief of police has determined to be serviceable which shall be kept in reserve by the police department for use in the event of civil disorder or disaster, or may be used for training purposes, or whose parts are needed for repair of departmental weapons are also exempt from destruction.

(Ord. No. 1376, 11-6-84)