The text
Footnotes:
--- (12) --- Editor's note— See editor's note, art. III.
Sec. 2-392. - Applicability.#
This article shall apply to all lost personal property in the possession of the city, except the following: (1)
Property seized by the police department in relation to a criminal investigation;
(2)
Contraband, such as drugs, illegal weapons, or gambling paraphanalia in possession of the police department;
(3)
Motor vehicles;
(4)
Financial property, including but not limited to cash, money orders, traveler's checks, unclaimed wages, or securities;
(5)
Real property; or
(6)
Personal property whose disposition is governed by Chapter 72, Texas Property Code, as amended, (hereinafter referred to as the "property").
(Ord. No. 2004-27, § 2, 12-14-04)
Sec. 2-393. - Notice to a known owner.#
If the owner of the property is known, the city secretary or designee shall mail a notice to the last known address of the owner of such property by certified mail. Such notice shall contain the following information: (1)
A general description of the property being held;
(2)
The name and phone number of the city employee the person may contact to claim the property; and
(3)
A statement that if the owner does not claim such property within 60 days from the date of the notice, such property will be disposed of and the proceeds, if any, placed in the treasury of the city.
(Ord. No. 2004-27, § 3, 12-14-04)
Sec. 2-394. - Unknown owner; notice by publication.#
(a)
If the owner of the property is unknown or if the mailed notice to the property owner is returned unclaimed, the city secretary or designee shall cause to be published once in a paper of general circulation in the city or Burnet County a notice containing the following information:
(1)
A general description of the property being held;
(2)
The name and phone number of the city employee the person may contact to claim the property;
(3)
The name of the owner, if known;
(4)
A statement that if the owner does not claim such property within 30 days from the date of the notice, such property will be disposed of and the proceeds, if any, placed in the treasury of the city.
(b)
The city secretary or designee may include more than one item of lost property in a single notice published pursuant to this section.
(Ord. No. 2004-27, § 4, 12-14-04)
Sec. 2-395. - Disposition of property.#
If the owner does not claim the property after the date specified in the written or published notice, as applicable, the property may be disposed of by one of the following methods: (1)
By public sale conducted in compliance with section 2-276.
(2)
Donation to another political subdivision or a non-profit organization, which is exempt from federal taxation under section 501(c)(3), Internal Revenue Code of 1986, as amended, if the property has a fair market value of less than $500.00.
(3)
Conversion to use by a department of the city, as approved by the city manager.
(4)
Destruction, if the property is junk or salvage property.
(Ord. No. 2004-27, § 5, 12-14-04)
Sec. 2-396. - Public sale.#
Notice of the date, time, and location of the public sale of the property shall be published once in a paper of general circulation in the city or Burnet County at least 14 days before the date of the public sale. Notice of the public sale may be published at the same time as the notice set forth in section 2-274.
(Ord. No. 2004-27, § 6, 12-14-04)
Sec. 2-397. - Proceeds of sale.#
The proceeds of the sale shall be deposited in the treasury of the city.
(Ord. No. 2004-27, § 7, 12-14-04)
Sec. 2-398. - Severability.#
It is hereby declared to be the intention of the city council that the sections, paragraphs, sentences, clauses and phrases of this article are severable and, if any phrase, sentence, paragraph or section of this article should be declared invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this article, since the same would have been enacted by the city council without the incorporation of this article of any such invalid phrase, clause, sentence, paragraph or section. If any provision of this article shall be adjudged by a court of competent jurisdiction to be invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision and to this end the provisions of this article are declared to be severable.
(Ord. No. 2004-27, § 8, 12-14-04)