HomeMy WebLinkAboutOrdinance - 38-85 - Amending Unclaimed Property Ordinance - 11/19/1985 t
ORDINANCE NO. 38-85
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AN ORDINANCE. OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY
CODE SECTION 2 . 86 SUBD. 2. AND ADOPTING BY REFERENCE CITY CODE
CHAPTER 1:
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1 . Eden Prairie City Code Section 2 . 86, Subd. 2 .A. is
hereby amended to read:
A. Definition. "Abandoned property" means tangible or
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intangible property [ , including cash and negotiable instruments, ]
that has lawfully come into the possession of the City in the course
of municipal operations, remains unclaimed by the owner, and has
been in the possession of the City for at least g#xty [ninety] days
and has been declared such by a resolution of the Council.
Section 2 . Eden Prairie City Code Section 2 . 86, Subd. 3.C. is
hereby amended to read:
C. [Retention of Property for City Use or] Notice and
Sale . Upon adoption of a resolution declaring certain property to
be abandoned property, the City Manager shall publish a notice
thereof describing the same, together with the names (if known)
and addresses (if known) of prior owners and holders thereof, and
including a brief description of such property. The text of such
notice shall also state the-tune;-p�gee-aid-rnener-of-sn�e-of-a��
st�eh-pre�ertp;-exeegt-cask-ase�-negetiQb�es: [either, (1) that the
property will be retained by the City for City use; or (2) that a
sale of the property will take place and the time , place and
manner of sale of all such property is designated in the notice;
( or (3) in the case of cash or negotiable instruments, that the
cash will be paid into the General Fund of the City and negotiable
instruments will be negotiated and the cash received therefore
will be paid into the General Fund of the City. ] [In the case of f
a sale of the property, ] such notice shall be published once at r
least three weeks prior to sale. [In all other cases, the notice
shall be published once within three weeks after the Council
resolution declaring the property to be abandoned property. ] [In
the event of a sale of the property, ] sale shall be made to the
highest bidder at public auction or sale conducted in the manner
directed by the Council in its resolution declaring the property
abandoned .
Section 3 . Eden Prairie City Code Section 2 . 86 , Subd . 2 .D.
is hereby amended to read:
D. Fund and Claims Thereon. [All such cash and cash f
from the negotiation of such negotiable instruments , and] all
proceeds from such sale shall be paid into the General Fund of the
City and expenses thereof paid therefrom. [In the event the
property is retained by the City for City use, the property shall
be used by the City only for public purposes of the City and not
for any private use. ] The former owner, if he makes claim within
eight months from the date of publication of the notice herein
provided, and upon application and satisfactory► proof of ownership,
[may, in the case of property retained by the City, have the pro-
perty returned to him or her or, ] may be paid the amount of cash
or negotiable instruments or, in the case of property sold, [may
be paid] the amount received therefore, less a pro rata share of
the expenses of storage, publication of notice, and sale expenses, t
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but without interest. Such payment shall also be made from the 4
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General Fund. (In the case of property retained by the City for
City use, or in the case of property held for sale by the City, the
City will not be responsible for any diminution in value of or
damage to the property during the period of time in which the
property is in the City ' s custody and control. ]
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Section 4 . City Code Chapter 1 entitled "General Provisions
and Definitions Applicable to the Entire City Code Including
Penalty for Violation" is hereby adopted in its entirety, by
reference, as though repeated verbatim herein.
Section 5 . This ordinance shall become effective from and
after its passage and publication.
FIRST READ at a regular meeting of the City Council of the City
of Eden Prairie on the 19th day of November , 1985,
and finally read and adopted and ordered published at a regular
meeting of the City Council of said City on the 3rd day of
December , 1985.
ATTEST:
/ /
i� e r k yor
PUBLISHED in the Eden Prairie News on the 11th day of
December 1985.
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Affidavit of Publication w
Southwest Suburban Publishing Inc.
State of Minnesota )
to ' tl
)SS.
County of Hennepin
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Stan flolhirud,being duly sworn,on oath says that he is the authorized agent of the publisher or the newspaper known as
' s41 the F.den Prairie News and has full knowledge of the facts herein stated as follows:
C (A i This newspaper have complied with the requirements constituting qualification as a legal newspaper.
b as provided b
Minnesota Statute 331A.02,391A.07,and other applicable Taws,as amended.
(f3)7'he printed public notice that is attached to this Affidavit and identified as No. /y/was published on the dale
or dates and in the newspaper stared in the attached Notice,and said Notice is hefeby incorporalrct as part of this Af-
- � fidavit. Said notice was cut from the columns of the newspaper specified led below is a co
alphabet from A to Z.both inclusive,and is hereby acknowledged P PY of the lower cast.
P Y ged as being thv. in and size of type used in the comp osition
t# and publication of the Notice:
f< abcdefghijklmnopgrstuvwxy
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tin By:
n Rolls ad,Publisher
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5 Subscribed and sworn before me on
t; f this day of 19B
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Laurie Hartmann,Notary Public
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$6.00 per column inch
Maximum rate allowed by law for the above matter......................................$4.49 per column inch }
Rate actually charged for the above matter...................................................$4.49 per column inch