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HomeMy WebLinkAboutOrdinance - 2-2012 - Amending City Code 2.86 Relating to Unclaimed & Excess Property - 01/26/2012 CITY OF EDEN PRAIRIE HENNEPIN COUNTY,MINNESOTA ORDINANCE NO. 2-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.86,SURD.2,RELATING TO DISPOSAL OF UNCLAIMED PROPERTY, AMENDING SECTION 2.86, SUBD. 3, RELATING TO DISPOSAL OF EXCESS PROPERTY, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section 2.86,Subd. 2E. is amended by being renumbered Section 2.86, Subd.217. Section 2. City Code Section 2.86, Subd. 2, is amended by adding E. as follows: In lieu of the procedures set forth in paragraph C of this subdivision, if property is found and delivered to City as found property by the finder, it may be returned to the finder if the following conditions are met: 1)the finder must give the owner notice personally or by certified mail,which is actually received,that the property came into the finder's possession more than six months ago and that ownership will be transferred to the finder at the end of 30 days if the owner does not claim the property;2)if the name of the prior owner is not known,and cannot be ascertained with reasonable diligence, the finder must provide three weeks' published legal notice in the county where the property was located;3) if the property has an estimated value of$5,000 or less,the notice may be placed in one of two local newspapers;4)if the property has an estimated value of more than$5,000 the finder must place the notice in the Star Tribune;5)the notice shall describe the property,state the location that it was found,and set forth the finder's telephone number; 6)the finder must notify the City whether the finder received any inquiries or claims; 7) the finder must submit proof of publication to the City; and S) if the owner does not claim the property, the finder may claim the property after submitting to City an affidavit in which finder affirms that the owner did not claim the property. If the finder fails to claim the property from City within 250 days of the date that the finder submitted the property to City,City may dispose of the property pursuant to the procedures set forth in paragraph C of this subdivision. For purposes of this section, a finder is not a holder. A City employee who finds property and delivers it to City is not a finder for the purposes of this section and the property shall not be returned to him/her. When a City employee delivers found property to City, City shall follow the procedures set forth in paragraph C of this subdivision. Section 3. City Code Section 2.86,Subd.313,C and D.are amended by being replaced in their entirety with the following. B. Surplus Property with a Total Estimated Value of Less than$25,000. If the value of the surplus property is estimated to be$25,000 or less,the City Manager may sell it either upon quotation or in the open market,in the discretion of the City Manager. If the surplus property is sold based upon quotation,the City Manager shall obtain,so far as practicable,at least two quotations which shall be kept on file for a period of at least one year after their receipt. C. Surplus Property with a Total Estimated Value Between$25,000 and $100,000. If the value of the surplus property is estimated to exceed $25,000 but not to exceed $100,000, the City Manager may sell the surplus property upon sealed bids or by direct negotiation, by obtaining two or more quotations for the sale when possible. All quotations obtained shall be kept on file for a period of at least one year aver their receipt. D. Surplus Property with a Total Estimated Value Over$100,000. If the value of the surplus property is estimated to exceed $100,000, the City Manager shall solicit sealed bids by public notice in the manner and subject to the requirements of the law governing contracts by the City. Section 4. City Code Chapter 1 entitled"General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violation" and Section 2.99 entitled "Violation a Misdemeanor"are hereby adopted in their 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 6th day of December,2011,and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 171h day of January, 2012. Katl&en Porta, City Clerk Na cy -L n or PUBLISHED in the Eden Prairie News on the 261h day of January,2012. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 2-2012 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 2 BY AMENDING SECTION 2.861, SUBDIVISION 2, RELATING TO DISPOSAL OF UNCLAIMED PROPERTY, AMENDING SECTION 2.86, SURD. 3, RELATING TO DISPOSAL OF EXCESS PROPERTY, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 2.99 WHICH, AMONG OTHER THINGS, CONTAIN A PENATLY PROVISION. Summary: The ordinance amends Chapter 2 of the City Code by amending Section 2.86, Subdivision 2 to establish a process by which a finder of property may claim found property deposited with the City. ` The ordinance also amends Chapter 2 of the City Code by amending Section 2.86, Subdivision 3 by changing the value of excess property that may be sold by negotiated sale,public auction, or sale to the highest bidder. Effective Date: This Ordinance shall take effect upon publication. ATTEST: Kidlifeen Porta, City Clerk 4Nc a-Lu PUBLISHED in the Eden Prairie News on January 26, 2012. (A full copy of the text of this Ordinance is available from City Clerk.) Affidavit of Publication Southwest Newspapers CITY OF EDEN PRAIRIE I€E NEPIN MINNESO A COUNTY, State of Minnesota } SUMMARY OF ORDINANCE NO.3.2QI2 )SS. AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MIN County of Hennepin pin NESOTA,AMENDING CITY CODE CHAPTER 5, BY CHANGING BY CHANGING THE TITLE AND BY ADDING SECTION 5.73 RELAT- Laurie A. Hartmann, being duiy swom,on oath says that she is the authorized agent of the ING TO REGISTRATION FOR ub]isher of the news a er known as the Eden Prairie News and has full knowIed a of the facts ADOPTING 13Y REFERENCE CITY DOMESTIC PARTNERSHIP,AND herein stated as follows g CODE CHAPTER I AND SECTION 5.99 WHICH, AMONG OTHER (A) This newspaper has complied with the requirements constituting qualification as a legal THINGS, CONTAIN PENALTY newspaper as provided by Minnesota Statute 33IA.02,331A.07,and other applicable laws,as PROVISONS. amended. Summary: The Title of City Code Chapter 5 is amended to read (B)The printed public notice that is attached to this Affidavit and identified as No.�7 OTHER BUSINESS S, LICND ENSING PERSON- was published on the date or dates and in the newspaper stated in the attached Notice and said AL REGL]LATONS, LICENSING p AND REGISTRATION. Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of The Ordinance defines Domes- the newspaper specified.Printed below its a copy of the lower case alphabet from A to Z,both tic Partner and Domestic Partner• inclusive,and is hereby acknowledged as being the kind and size of type used in the composition ship, provides a process for two and publication of the Notice- individuals to register and amend as Domestic Partners with the City and abcdefghijklnmopgrstu provides when a Domestic Partner- ship terminates. Effective Date: This Ordi- nance shall take effect upon pub- lication. Iication, Nancy Tyra-Lukens,Mayor Laurie A.Hartmann ATTEST: Kathleen Porta,City Clerk (A full copy of the text of this Subscribed and sworn before me on Ordinance is available from City Clerk.) (Published in the Eden Prairie News on Thursday, January 26, da of i 2 2012:No.3269) this� y JYMME JEANNE n E BARK NOTARY PUM-MINNESOTA No u 1 is MY OOMMISSION E)FIRES 0113V13 RATE INFORMATION Lowest classified rate paid by com mere ial users for comparable space.._$31.20 per column inch Maximum rate allowed by law for the above matter..................___..........53110 per column inch Rate actually charged for the above matter............. --------__.....$12.59 per column inch