HomeMy WebLinkAbout6.f. Ordinance Revision - Disposal of Unclaimed Property (Second Reading) CITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: APRIL 20, 1999
AGENDA ITEM: ORDINANCE REVISION - D I SPOSAI. oF AGENDA SECTION: Consent
UNCLAIMED PROPERTY
PREPARED BY: Lt. Dwayne Kuhns AGENDAy��� �
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ATTACHMENTS: REVISED ORDINANCE APPROVED BY:
At my request, the attached ordinance revision was prepared by City Attorney Charles LeFevere.
The ordinance revision, which deals with the disposal of unclaimed property, is an amendment
to our current ordinance. The ordinance as it is currently written is not in conformance with
certain requirements of state statute as stated in M.S.S.168B.
Those requirements according to State Statute are,
• Notice of vehicle impoundment must be given within 5 days of the impound, City
Ordinance currently states 10 days.
• Vehicles may be sold after 45 days, City Ordinance currently states 15 days.
• Vehicles must be held 15 days after a notice is given to the owner before a junk vehicle
may be disposed of, City Ordinance currently states such vehicles are eligible for sale
immediately.
The revision as drafted by Mr. LeFevere will bring our ordinance into conformance with state
statute.
The first reading of this ordinance was given on April 6,1999.
RECOMMENDED ACTION: Motion to adopt an ORDINANCE RELATING TO THE DISPOSAL OF
UNCLAIMED PROPERTY.
COUNCIL ACTION:
CTTY OF ROSEMOUNT
ORDINANCE NO.
AN ORDINANCE RELA'TIl�TG TO THE DISPOSAL OF
UNCLAIMED PROPERTY, AMENDING CTTY CODE
SECTIONS 7-6-2,4,4-1,AND 5
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS THAT THE
CITY CODE OF THE CITY OF ROSEMOUNT IS AMENDED AS FOLLOWS:
Section 1. The�rst paragraph of City Code Section 7-6-2 is amended as
follows:
7-6-2: DISPOSAL OF PROPERTY OTHER THAN MOTOR VEHICLES:
Unless otherwise specified in this Section or bv law, property lawfully coming into
the possession of the City and its duly designated agents, in the course of its Municipal operations,
shall be stored and safely maintained by the City for a period of sixty(60) days. Such property shall
be disposed of by the City in the following manner:
Section 2. City Code Section 7-6-2 C is amended as follows:
C: Upon the expiration of the sixty (60) day period, property remaining unclaimed may be sold
by the City to the highest bidder at public auction or sale following���ten(10) da�
published notice thereof. In lieu of public auction or sale, any of such unclaimed property
may be appropriated to the use of the City upon the affurnative resolution of the City
Council. If the property is not sold at public auction or sale and is not deemed appropriate
for use by the City, the City Clerk may then dispose of the property in any manner deemed
appropriate.
Section 3. The first paragraph of City Code Section 7-6-4 and paragraph 7-6-4 A are
amended as follows:
7-6-4: DISPOSAL OF MOTOR VEHICLES:
Unless otherwise provided bv law, motor vehicles impounded by the City and its
duly designated agents, or otherwise lawfully coming into its possession during the course of its
Municipal operations,shall be disposed of as follows:
A. otice of the taking shall be i�ven within�e�8}five 5 days unless
the vehicle is reclaimed prior thereto.
Section 4. City Code Section 7-6-4-1 is amended as follows:
7-6-4-1: RIGHT TO RECLAIlVI:
The owner of lien holder shall have the right to reclaim the vehicle from the City
upon payment of all towing and storage charges resulting from the taking within fifteen (15) days of
the notice required by this Section in the case of abandoned or junk vehicles or fortY-five (45) davs
in the case of unauthorized vehicles,both as defined in Minnesota Statutes. Sec. 168B.011.
CLL-158215
RS215-6
�
MEMO
To: Mr. Thomas Burt, City Administrator
From: Lt. Dwayne Kuhns������
Subject: Ordinance Revision
Date: March 2, 1999
The attached ordinance revision was prepared by City Attorney Charles LeFevere. The ordinance,
which relates to the disposal of unclaimed property, is an amendment to our current ordinance,
sections 7-6-2, 7-6-4, 7-6- 4-1, and 7-6-5. This ordinance revision was requested to bring the
ordinance into conformance with certain requirements of the state statute.
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MAR 8 �999
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Section 5. City Code Section 7.6-5 is repealed.
Section 6. This ordinance shall be in effect the day following its passage and publication.
ENACTED AND ORDAINED into an Ordinance this day of , 1999.
CITY OF ROSEMOUNT
Cathy Busho,Mayor
ATTEST:
Susan M. Walsh,City Clerk
Published in the Rosemount Town Pages this day of , 1999.
CLL-158215
RS215-6