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SECS. 2-37 THRU 2-37.1.9. RESERVED.
(Ord. Nos. 21856; 24243; 25819)
(a) The following property may be sold by the city in the manner provided in this article:
(1) abandoned, stolen, or recovered property, except motor vehicles, that remain unclaimed with the city for 60 days, whether or not the owner is known;
(2) abandoned, stolen, or recovered motor vehicles that remain unclaimed with the city for 30 days, whether or not the owner is known;
(3) personal property owned by the city that has been declared surplus, obsolete, worn out, or useless by the head of a department and that is no longer needed for public use; except that microcomputer equipment and software covered by the microcomputer executive plan policy must be disposed of in accordance with that policy; and
(4) city-owned firearms and firearm accessories and ammunition that the chief of police has declared surplus or obsolete and has recommended for use as trade-ins on new property of the same general type.
(b) Property listed in Subsection (a)(4) may be traded only to a person holding a federal firearms license.
(c) Items of personal property, the sale of which is restricted by criminal law, may only be sold by the city if the sale is in accordance with all applicable provisions of the law containing the restrictions.
(d) Cash money that is abandoned, stolen, or recovered, that remains unclaimed with the police department for 60 days, and that is not being held for evidence, whether or not the owner is known, must be deposited in the general fund of the city unless the money is of collector quality. Money of collector quality may be sold as other personal property. (Ord. Nos. 15519; 18201; 18212; 19312; 21877; 22153; 27865; 29478, eff. 10/1/14)
(a) The chief of police or the director of the department holding property shall give the director a list of all unclaimed property subject to sale under this article and shall deliver the listed property, except motor vehicles, to the director before the date of sale. The director shall give the chief of police or other department director a receipt which indicates in detail all property delivered. The chief of police shall retain custody of motor vehicles until a sale is made.
(b) If in reviewing the list of unclaimed property subject to sale, the director determines that certain items of property could be used by the city, he may recommend to the city manager that the items be used for city purposes rather than sold. If the city manager believes that it is in the best interests of the city, he may authorize the director to remove specific items from the list of property subject to sale and to convert the items to use for city purposes. (Ord. Nos. 15519; 19312)
(a) Except as otherwise provided in Subsection (h) or (i), the director shall sell unclaimed property and surplus, obsolete, worn out, or useless property by public auction or by accepting sealed bids, to the highest bidder. The property may be auctioned, each piece individually or in assembled lots, whichever the director determines will bring the best price obtainable, except for motor vehicles which must be sold individually unless in accordance with Subsection (b). If in the opinion of the director the highest bid on a particular item is not sufficient, the director may refuse the bid and hold the item for sale at another time.
(b) Unclaimed motor vehicles and motor vehicle parts on which the vehicle identification numbers have been destroyed, mutilated, or removed may be sold in assembled lots in accordance with this section if the following requirements are met:
(1) The vehicles and vehicle parts must be sold as scrap metal only and may not be reconstructed or made operable after the sale.
(2) The vehicles and vehicle parts must be sold to a demolisher who owns an auto crusher located within the city.
(3) A representative of the city auto pound must witness the demolition of the vehicle and vehicle parts to ensure that no parts are removed for use or resale.
(4) All notification and other requirements of Chapter 683, Texas Transportation Code, as amended, that are applicable to the disposal of abandoned motor vehicles must be met.
(c) If the director receives a group of 10 or more identical items for sale, the director may sell a minimum of three of the items at public auction and then advertise in the official newspaper of the city and sell the remaining items at a price not less than the average price obtained for the auctioned items.
(d) When sale is to be by acceptance of sealed bids, the bids must remain in the office of the city secretary for public inspection at least 48 hours after the bids are opened.
(e) Except as provided in Subsection (f), the director may accept the following in exchange for the sale of items by any method of sale:
(1) cash money;
(2) personal or business checks if proper identification is shown;
(3) a bank credit card that the city honors pursuant to contractual arrangements with a bank; or
(4) new property of the same general type, if the items are city-owned property declared surplus or obsolete by the head of the department holding the property and recommended by the city manager for use as trade-ins on the new property.
(f) The director may only accept new property of the same general type in exchange for the sale of city-owned firearms or firearm accessories or ammunition that the chief of police has declared surplus or obsolete and has recommended for use as trade-ins on the new property.
(g) Electronic procurement and reverse auctions. The city manager may establish procedures for purchasing goods, general services, or facility construction under this section through electronic means, including but not limited to the Internet, to the extent the procedures do not conflict with state law, the city charter, or other provisions of this code. The city manager may also establish procedures for purchasing goods or general services pursuant to the reverse auction method defined in Section 2155.062(d), Texas Government Code, as amended, to the extent the procedures do not conflict with state law, the city charter, or other provisions of this code.
(h) The director may, in lieu of conducting a sale by public auction or sealed bids, return surplus, obsolete, worn out, or useless property to the contract vendor or original manufacturer and accept a refund or a credit toward the purchase of new property of the same general type if the contract with the vendor or manufacturer requires the acceptance of returns or trade-ins at a price or refund rate of not less than the current fair market value of the property.
(a) After determining the time and place for a public auction, acceptance of sealed bids, or sale of identical items, the director shall give notice of the auction, acceptance, or sale, by:
(1) advertising in the official newspaper of the city for three consecutive days, the last publication date to be not less than seven days before the date of the auction, acceptance, or beginning of sale; and
(2) sending by certified mail to the last known address of the owner of unclaimed property, if the name of the owner is known, 14 days before the date of auction, acceptance, or beginning of sale.
(b) The notice must contain the time and place of auction, acceptance, or sale and a general listing of the property to be sold. (Ord. Nos. 15519; 17672; 19312)
(a) The director shall keep accurate records of all sales and shall submit reports to the director of finance containing:
(1) the time, place, and method of sale; and
(2) copies of receipts given for all sales that describe the items sold and show the price paid or other value given for the items.
(b) The director shall keep sales tickets covering each transaction for 30 months, at which time they may be destroyed.
(c) The director shall deposit all proceeds received for sales to the credit of the appropriate fund. (Ord. Nos. 15519; 17672; 19312; 21877)
(a) All clubs, explosive weapons, firearm silencers, handguns, illegal knives, knuckles, shotguns, rifles, semi-automatic assault weapons, machine guns, and short-barrel firearms that are abandoned, stolen, or recovered and remain unclaimed with the police department for six months and are not being held for evidence, or that are owned by the city and have been declared surplus or obsolete by the chief of police, must be destroyed in the presence of:
(1) three police officers of the rank of lieutenant or higher; or
(2) one police officer of the rank of lieutenant or higher, a representative of the city council, and a representative of the crime commission; or
(3) two police officers of the rank of lieutenant or higher and a representative of the city council or crime commission.
(b) The witnesses shall make a report under oath to the city council, listing the make, model, type, and serial number of the weapons destroyed and stating the time, date, place, and manner of destruction.
(c) This requirement of destruction does not apply to:
(1) handguns or other restricted firearms 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;
(2) city-owned firearms or firearm accessories or ammunition that the chief of police has declared surplus or obsolete and has recommended for use as trade-ins on new property of the same general type; or
(3) handguns or other restricted firearms that the chief of police has determined are required for training purposes or other law enforcement activities, or whose parts are needed for repair of departmental weapons. (Ord. Nos. 15519; 17386; 18201; 18212; 19312; 20044; 22153)
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