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HomeMy WebLinkAbout1305 - ADMIN Ordinance - City Council - 1975/10/20ORIGINAL ORDINANCE NO. 1305 AN ORDINANCE RELATING TO UNCLAIMED PROPERTY: AMENDING THE ST. LOUIS PARK ORDINANCE CODE, SECTIONS 7:3, 7:4, 7:5 THE CITY COUNCIL OF ST. LOUIS PARK ORDAINS: Section 1. The St. Louis Park Ordinance Code, Section 7:3, is amended to read: Section 7:3. Procedure For Claiming Lost Property. Any lost property deposited with the Chief of Police shall be retained in his custody for a period of at least sixty (60) days for the purpose of giving the owner thereof the opportunity to claim the same. If any person shall claim to be the owner of such lost property, he shall file an affidavit with the Chief of Police setting forth the fact of his ownership and the circumstances under which the said lost property was lost or misplaced by him, and that the same was not abandoned by him. _The Chief of Police shall thereupon notify the person depositing the same of the claim of ownership and furnish him with a copy of the said affidavit if his address is known. If after ten days from date of giving said notice to the depositor the depositor does not assert any right to said -lost property and the Chief of Police is satisfied that the claimant whose affidavit has been filed is the rightful owner thereof, he shall deliver, but not transport the same to said person. If by the end of said ten day period, the depositor shall have asserted any claim to said lost property contrary to the right of said claimant,.or the Chief of Police shall have any doubt as to the right of the claimant whose affidavit has been filed, or claims are made by more than one person as owner of the lost property, the Chief of Police shall refer the matter to the City Attorney for determination as to the respective rights of the parties involved. Section 2. The St. Louis Park Ordinance Code, Section 7:4, is amended to read: Section 7:4. Disposal of Unclaimed Lost Propert . If no person shall claim any such lost property deposited with the Chief of Police within sixty (60) days after the date of deposit thereof, the Chief of Police shall cause a notice to be published in the official newspaper, at such time as theCity Manager shall direct, stating that the lost property so deposited has been found, the date when found and the place where found, and that if not claimed within thirty days from.date of publication of notice the same will be delivered to the finder or disposed of according to law. • Section 3. The St. Louis Park Ordinance Code, Section 7e5, is amended to read. Section 7.S. Sale and Disposal of Abandoned Property. Subdivision 1, If no person shall claim such lost property as owner and shall file evidence by affidavit as specified in Section 7:3 of this ordinance within said thirty (30) day period, said lost property shall be deemed aban- doned. If the person who found and deposited said lost property was not a City officer or emplo>k,e, and the person who deposited the same shall satisfy the Chief of Polir:e by affidavit filed with him that he has mad reasonable effort to ftad the ot.ner and restore the property to him and has nevertheless been unable to find said owner, the lost property shall thereupon be delivered, but not transported, to such depositor. Subdivision 2, If the person who found and deposited said lost property was a City officer or employee, or if the same is delivered to neither the owner or depositor of same, as set forth above, it shall be disposed of as the City Manager may direct. Any unclaimed property may be appropriated for the use of the City upon approval of such appropriation by the Council. Subdivision 3. If the City Manager directs the same shall be sold to the highest bidder at a public sale, he shall cause notice of such sale to be published in the official newspaper not less than two (2) weeks prior to the sale, stating the date, time and place of said sale, and the articles to be sold. If the said lost property is sold, the proceeds of the sale shall forthwith be paid to the City Treasurer and credited to the General Fund of the City unless the City Council shall direct otherwise. The former owner of any such property may claim the proceeds of the sale within six (6) months from the date of sale, provided that the City may deduct from the sale proceeds reasonable expenses incurred in the movement, storage, care and sale of such property. s Subdivision 4, Notwithstanding Section 7:4 and Subdivisions 1 through 3 of Section 7:5, the City Manager may dispose summarily of any property coming into the City's possession in such a manner as he determines to be in the public interest whenever he determines such property to be perishable or dangerous. Section 4. Effective Date. This ordinance shall take effect fifteen days after its publication. Adopted by the City Council October 20, 1975. Attest: Reviewed for ainistration: Approved as to form and legality: • City ttorpey • s' SUN NEWSPAPERS AFFIDAVIT OF PUBLICATION ST. LOUISPARKSUN 6601 W. 78th St. Bloomington, Minnesota State of Minnesota County of Hennepin SS. r 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 at The St Louis Park Sun and has full knowledge of the facts herein stated as follows (1) Said newspaper is printed in the 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 50% of its news columns devoted to news of local interest to 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 municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75% of its total circulation currently paid or no more than three months in arrears and has entry as second-class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park, Golden Valley School District No 275 and Robbinsdale School District No 281 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 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 to the business of the news- paper and business related thereto (8) Said newspaper files a copy of each issue immediately with the State Historical Society (7) Said newspaper has complied with all the foregoing 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, 1968 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn to before a notary public stating that the newspaper is a legal newspaper He further states on oath that the printed Ordinance No. 1305 hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in the English language, once each week, for One successive weeks, that it was first so published on Wed the 2t day of December 1g75 and was thereafter printed and published on every to and including the day of , 19- and that the following is a printed copy 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 abcdefghiiklmnopgrstuvwxyz Subscribed and sworn to before me thio 26 day of D9Cember 19 75 (Notarial Seal) Mur Quist, Notary P llc,Hennepin County, Minn My Commiss.on Expires July 28th, 1978 (Offidal Publication) ORDINANCE NO 1305 AN ORDINANCE RELATING TO UNCLAIMED PROPERTY AMENDING THE ST. LOUIS PARK ORDINANCE CODE, SECTIONS 7.3, 7:4, 7:5 THE CITY COUN4IL OF Sx'LOUIS PARK ORDAINS. , Sochon 1, The SL Y.bgis Park Ordi- nance Code, Sechoh 7:3, i amended to read ' Section 7:3. Procedure For Claim- ing Lost Property. Any lost property deposited with the Chief of Police shall be retained in his custody for a period of at least sixty (60) days for the purpose of giving the owner thereof the opportunity to claim the same If any person shall claim to be the owner of such lost property, he shall file an affidavit with the Chief of Police setting forth the fact of his ownership and the circumstances under which the said lost property was lost or misplaced by him, and that the same was not abandoned by him The Chief of Police shall there- upon notify the person depositing the " same of the claim of ownership and furnish him with a copy of the said affidavit if his address is known If after ten days from date of giving said notice to the depositor the de- positor does not assert any right to said lost property and the Chief of Police is satisfied that the claimant whose affidavit has been filed is the rightful owner thereof, he shall de- liver, but not transport the same to said person If by the end of said ten day period, the depositor shall have asserted any claim to said lost prop- erty contrary to the right of said claimant, or the Chief of Police shall have any doubt as to the right of the claimant whose affidavit has been filed, or claims are made by more than one person as owner of the lost property, the Chief of Police shall refer the matter to the City Attorney for determination as to the respective rights of the parties involved Section 2 The St Lows Park Ordi- nance Code, Section 7 4, is amended to read Section 7 4. Disposal of Unclaimed Lost Property. If no person shall claim any such lost property depo- sited with the Chief of Police within sixty (60) days after the date of de- posit thereof, the Chief of Pohceshall cause a notice to be pubhshed in the official newspaper, at such time as the City Manager shall direct, stating that the lost property sodeposite8 has been found, the date when found and the place where found, and that if not claimed within thirty days from date _ of publication of notice the same will be dehvered to the finder or disposed of according to law Section 3 The St Louis Park Ordi- nance Code, Section 7 5, is amended to read Section 7 5 Sale and Disposal' of Abandoned Property. Subdivision 1 If no person shall claim such lost property as owner and shall file evidence of affidavit as specified in Section 7 3 of this ordi- nance within said thirty (30)' day penod, said lost property shall he deemed abandoned If the person who found and deposited 'said lost prop- erty was not a City officer or eriip- loyee, and the person who deposited the same shall satisfy the Chief of Police by affidavit filed with him,that he has made reasonable effort to fond , the owner and restore the property to him and has nevertheless been unable to find said owner, the lost property // shall thereupon be delivered, but not I transported, to such depositor -• Subdivision 2. If.the ,person who found and deposited said lost prop- ,' erty was a City officer 8r employee, or if the same is delivered to neither the owner or depositor of same, as set ;, forth above, it s'hall'be disposed of as the City Mapagepi may direct Any unclaimed property may be approp- riated for the use of the City upon ap- proval of such appropriation by the Council Subdivision 3 If the City Manager directs the same shall be sold to the highest bidder at a public sale, he shall cause notice of such sale to be published in the official newspaper not less than two (2) weeks prior to the sale, stating the date, time and place of said sale, and the articles to be sold If the said property is sold, the proceeds of the sale shall forth- with be paid to the City Treasurer and credited to the General Fund of the City unless the City Council shall di- rect otherwise The former owner of any such property may claim the proceeds of the sale within six (6) months from the date of sale, pro- vided thatlhe City may deduct from the sale proceeds reasonable ex- penses incurred in the movement, storage, care and sale of such prop- erty Subdivision 4 Notwithstanding Sec- tion 7 4 and Subdivisions 1 through 3 of Section 7 5, the City Manager may dispose summarily of any property coming onto the City's possession in such a manner as he determines to be in the public interest whenever he de- termines such property to be perish- able or dangerous Section 4. Effective Date. This or- dinance shall take effect fifteen days , after its publication Adopted by the City Council Oc- tober e-tober 20, 1975 File No Affidavit of;Publication Si LOUISPARKSUN St. Louis Park, Minnesota In The Matter Of • e • •