HomeMy WebLinkAboutOrdinance - 290 - Providing for the Custody and Disposal of Unclaimed Property - 07/22/1975 CITY OF EDEN PRAIRIE
14ENNEPIN COUNTY, MINNESOTA
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ORDINANCE NO. 290
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AN ORDINANCE PROVIDING FOR THE CUSTODY AND
DISPOSAL OF PROPERTY COMING INTO THE POSSESSION
OF THE CITY OF EDEN PRAIRIE AND REMAINING I
UNCLAIMED
The Council of the City of Eden Prairie ordains:
Section 1. PROPERTY EXCEPTING ANIMALS AND MOTOR VEHICLES "i
Subd.(a) Custody of found property, exceptin animals and motor vehicles.
'Die City Manager shall estabiish administrative provisions for receiving
and safekeeping found property and money coming into possession of the
City of Eden Prairie in the course of its municipal operations, including the seizure
or confiscation thereof by officers of the Public Safety Department of the City of Eden )
Prairie or by any other officer or employee of such City. A receipt shall be issued to
the person finding such property or money and causing it to be delivered to the custody
of the City. Such property shall be stored in a safe place and such money shall be
deposited with the City Treasurer for a period of three (3) months unless claimed by
( the true owner. Upon expiration of the three (3) month period, said property or money
shall be subject to disposal under this ordinance as unclaimed property or money.
Subd.(b.) Claims by owner.
wring such three (3) month, period, the City Manager may deliver such
property or order such money paid to the true owner thereof upon proof of f
ownership satisfactory to the City Manager, after ten (10) days' notice by mail to other
persons who may have asserted a claim of true ownership. In the event ownership
cannot be determined to the satisfaction of the City Manager, he may refuse to deliver
such property or order the payment of such money to anyone until ordered to do so by i
court.
Subd.(c .) Claim by finder.
If the true owner does not claim property or money during the three (3)
month period, the City Manager may release such unclaimed property
or order such unclaimed money to be pa-d to the person who found same, if at the
time of delivery to the City of Eden Prairie such finder indicated in writing that he
wished to assert a claim to the property or money as a finder.
Subd.(d.) Transfer of unclaimed moneys to general fund.
If any such money is not claimed y c true owner or by the finder within
the three (3) month period, the City Manager shall cause such money to be
transferred to the General Fund of the City.
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Subd . (e) Public sale of unclaimed property.
Upon expiration of the three 3) month period, unclaimed
property remaining in the possession of the City of Eden Prairie
shall be appropriated for City use upon approval by the City Manager
if such item of property is valued less than $100 and upon approval
by the City Council if such item of property is valued greater than
$100 , or, shall be sold at public sale by the City Manager. The
City Manager shall cause one week published notice of the public
sale in the official newspaper, describing therein the article to
be sold and the date, time and place of the sale. Any unclaimed
property offered for public sale but not sold, and not suitable
for appropriation for City use, shall be deemed to be of no value
and shall be disposed of in such manner as the City Manager directs .
The sale or any rifle or shotgun under this Section shall be subject
to a thirty (30) day delay in acceptance of any offer to purchase
pending a thirty (30) day investigation and approval of such sale
by the Department of Public Safety. No handguns shall be sold.
Subd. (f) Disposition of proceeds .
Upon completion of a public sale of unclaimed property,
the City Manager shall cause the proceeds therefrom to be deposited
in the General Fund of theCity.
Subd. (g) Claim by former owner after public sale.
The former true owner of property sold at public sale
according to the provisionsof Section 1, Subdivision (e) shall, upon
application to the City Clerk within six (6) months of the date of
public sale and upon furnishing satisfactory proof of former ownership, a
be paid the respective sale price proceeds from the General Fund of the
City. s
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Subd. (h) Summary Disposal.
The City Manager may, without notice and in such manner as
he determines to be in the public interest, dispose summarily of any a
property coming into his possession which he determines to be
dangerous or perishable. He shall make a record of the pertinent
facts of the receipt and disposal of such property.
Section 2. MOTOR VEHICLES
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Subd. (a) Custody of abandoned and other motor vehicles .
The City Manager shall establish administrative provisions
for receiving and storing abandoned and other motor vehicles coming a
into the possession of the City of Eden Prairie in the course of its
municipal operations . He shall mail to the registered owner, if any,
and to all readily identifiable lienholders of record, a notice of
possession of the motor vehicle within ten (10) days of the taking of
same. The notice shall (1) set forth the date and place of the
taking, the year, make, model and serial number of the motor vehicle
if such information can be reasonably obtained and the place where
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the vehicle is being held ; and (2) inform the owner and any lien-
holders of their right to reclaim the vehicle under this Ordinance;
and ( 3) state that failure of the owner of lienholders to exercise
their right to reclaim the vehicle and contents shall be deemed a
waiver by them of all right, title and interest in the vehicle and 5
contents and a consent to the sale of the vehicle and contents at
a public auction pursuant to this Ordinance.
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Subd . (b) Right to reclaim.
The owner or any lienholder of a motor vehicle shall
have a right to reclaim such vehicle upon payment of all towing
and storage charges resulting from taking the vehicle into custody
within fifteen (15) days after the date of the notice required by
Section 2 (a) .
Subd . (c) Immediate disposition.
When a motor vehicle is more than seven (7) model years
of age, is lacking vital component parts , and does not display a
license plate currently valid in Minnesota or any other state or
foreign country, it shall immediately be eligible for sale at t
public auction pursuant to Section 2 (d) , and shall not be subject
to the notification reclamation, or title provisions of this
ordinance.
"Vital component parts" means those parts of a motor vehicle
that are essential to the mechanical functioning of the vehicle,
including, but not limited to, the engine, drive train and wheels .
Nothing in this ordinance shall be construed to impair any
lien of a garage keeper or the right of a lienholder to foreclose.
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Subd. (e) Disposal of proceeds .
From the proceeds of a sale under this section of a motor
vehicle, the City shall reimburse itself for the cost of towing,
preserving and storing the vehicle, and all administrative, notice
and publication costs incurred in handling the vehicle. Any
remainder from the proceeds of a sale shall be held for the owner
of the vehicle or entitled lienholder for ninety (90) days and then
shall be deposited in the General Fund of the City.
Subd. (f) Disposal of vehicles not sold .
In the event a motor vehicle proves unsalable, the City
Manager may dispose of it pursuant to Sections 168B. 09 and 168B. 10
of the Minnesota Statutes .
First read at a regular meeting of the Council of the City of
Eden Prairie this 22nd day of July, 1975, and finally read and
adopted and ordered published at a regular meeting of the council
of said City on the 5th day of August, 1975 .
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"Ikl—.S T• -)/C" '�'�
r ' David W. Os terholt
r Mayor for the City of Eden Prairie
n D. Fran , Clerk
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SUNNEWSPAPEIRIVS
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AFFIDAVIT OF PUBLICATION + ,d't7 4
HOPKINS SUN4� r of:, r� err=
MI NNETONKA �'
6601 W. 78th St. Bloomington, Minnesota
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State of Minnesotaxt" > � ' i
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Count/of Hennepina� ��Fti�� prK� �4 r 3
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J. R. RITCHAY, being duly sworn, on oath says he Is and during all times here stated has
been the vice president and printer of the newspaper known as The Hopkins-Minnetonka Sun and
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has full knowledge of the facts herein stated as follows: (1) Said newspaper is printed in the + � r4y� �
English language in newspaper format and In column and sheet form equivalent in printed space
to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once
each week. (3) Said newspaper has 501-� of its news columns devoted to news of local interest to 1 M
the community which it purports to serve and does not wholly duplicate any other publication
and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper
is circulated in and near the municipalities which it purportsp P�
to serve, has at least 500 co ies
regularly delivered to paying subscribers, has an average of at least 751% of its total circulation t tr +f
currently paid or no more than three months in arrears and has entry as second-class matter Ji ,••: ,,
in its local post-office. (S) Said newspaper purports to serve the Cities of Hopkins and Eden
Prairie and that portion of Minnetonka serving School District No. 274 in the County of Hennepin
and it has its known office of issue in the City of Bloomington in said County, established and open
during its regular business hours for the gathering of news, sale of advertisements and sale of
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subscriptions and maintained by the managing officer or persons in its employ and subject to his
direction and control during all such regular business hours and devoted exclusively during such
regular business hours and devoted exclusively during such regular business hours to the business
of the newspaper and business related thereto. (6) Said newspaper files a copy of each issue 't
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immediately with the State Historical Society. (?) Said newspaper has complied with all forego- �
ing conditions for at least two years preceding the day or dates of publication mentioned below.
(8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966
and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and
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signed by the publisher of said newspaper and sworn to before a notary public stating that the
newspaper is a legal newspaper.
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He further states on oath that the printed Ordinance NO. 290 ?, ;
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hereto attached as a part hereof.was cut from the columns of said newspaper, and was printed
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and published therein in the English language, once each week, for etn9 successive weeks; ,`
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that it was first so published on Ward the 216 day of NngAAhr
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and was thereafter printed and published on every to and Including
the day of , 19 and that the following is a printed copyF.
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being -
the size and kind of type used in the composition and publication of said notice. to-wit: 4 x `
abcdefghijklmnopgrstuvwxyz M 1
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Subscribed and sworn to before me this 28 day of November 19 1
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f Notarial Beal)
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Muriel It. Quist, Notary Public-.4fennepin County, Minn.
My Commission Expires July 28th, 1978
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