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HomeMy WebLinkAbout1969-17 07-17 AP CVTY OF BROO'.:LYN CENTER ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY ORDINANCES REGARD- THE BROOKLYN CENTER POST ING UNCLAIMED PROPERTY AND MO- R VEHICLES PHE CITY COUNCIL OF THE BRO (A continuation of the Brooklyn Center Press) F OLL F OLLOWS- CENTER DOES OR- DA1N AS F AFFIDAVIT OF PUBLICATION Section 1: Chapter 2 of the City Ordinances is hereby amended by the repeal of the following: (Section 2 -101. CUSTODY OF FOUND PROPERTY OTHER THAN STATE OF MINNESOTA ANIMALS. The Village Administrator SS. shall make provisions for receiving COUNTY OF HENNEPIN and safekeeping found property and money delivered to him and coming into his possession in the course of municipal operations. A receipt shall be issued to the person delivering such E. C. L'Herault, being duly sworn, on oath says he is and during all the times herein stated has been properh or money to the Village. Such the President of The Post Publishing Co., publisher and printer of the newspaper known as property shall W stored in a safe THE BROOKLYN CENTER POST (A Continuation of The Brooklyn Center Press) place and such money deposited with and has full knowledge of the facts herein stated as follows: the Village Treasurer in a special (1) Said newspaper is printed in the English language in newspaper format and in column and account for found money for a period sheet form equivalent in printed space to at least 900 square inches. �2) Said newspaper is a weekly of six months unless claimed by the and is distributed at least once each week. (3) Said newspaper has SOi% of its news columns devoted to true owner. It shall then be subject news of local interest to the community which it purports to serve and does not wholly duplicate to disposal under this ordinance as any other publication and is not made up entirely of patents, plate matter and advertisements. (4) property this money % Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 unclaimed pr or money BY OWN- copies regularly delivered to paying subscribers, has an average of at least 75 of its total circulation (Section open ER. (Section such six month OWN- currently paid or no more than three months in arrears ands has entry as second -class matter in its local D P post- office. (5) Said newspaper purports to serve the the Village Administrator may deliver City of Brookyn Center such property or order such money in the County of Hennepin and it has its known office of issue in the City of Crystal in said county, estab- paid to the true owner upon proof lished and open during its regular business hours for the gathering of news, sale of advertisements and sale of of ownership satisfactory to the Ad- subscriptions and maintained by the managing officer of said newspaper or persons in its employ and' subject ministrator, after ten days notice by to his direction and control during all such regular hours and at which time said newspaper is printed. mail to any person who has asserted a (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said claim of ownership. The Clerk shall newspaper has complied with all the foregoing conditions for at least two years preceding the day or not issue any order for the dispers- dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of ment of such money without the writ- Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed ten order of the Village Administra- by the Secretary of State and signed by the managing officer of said newspaper and sworn to before tor. If ownership cannot be determined a notary public stating that the newspaper is a legal newspaper. to his satisfaction, the Administrator may refuse to deliver such property or order the payment of such money He further states on oath that the inted. ...... f ........' ....... j ...... ............................... to anyone until ordered to do so by a • Court.) 1 (Section 2- 103.CLAISIBYFINDER. •• ••••••••••••••••••••. •••••'•••• If the true owner does not claim the •operty or money daring this six hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and onth period. the Administrator may deliver the property or order the money to be paid to the person who published therein in the English language, once each week, for....... successive weeks; that it was delivered it to the Administrator if at the time of delivery such person in- first so the......... day of ............... dicated in writing that he wished to published on ......................... y ....... assert a claim o the property or money as a finder.) 19...'. and was thereafter printed and published on every ..........................to and including (Section 2 -104. TRANSFER TO GENERAL FUND. If any such money is not claimed by the true owner or the.......... day of .......................... 19.... and that the following is a printed copy of the finder within the six month period, the Village Administrator shall notify the Clerk and the money shall then lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and be transferred to the General Fund of the Village.) kind of type used in the composition and publication of said notice, to wit: (Section 2 -105. SALE. After the six month period, property not delivered to the true owner or finder shallbe sold abcdefghijklmnopgrstuvwxyz -6 pt. Newstext abcdefghijklmnopgrstuvwxyz -7i�2 pt. Excelsior abcdefghijklmnopgrstuvwxyz -7 Memphis Bold .................................. ............................... Subscribed and sworn to before me this ........:.............day of ........................... A.D., 19....:. (NOTARIAL SEAL) Notary Public . ........................County, Minnesota My Commission Expires ......... ................19...... by the Village Administrator at public shall be issued to the person finding .City Manager shall cause the proceeds so'd at public sale shall be paid to auction or appropriated to the use of such froppe or money and causing therefrom to be deposited in this Gen- the former owner thereofuponapplica- • the Village. The Administrator shall it to lie defiverea to the custody of the eral Fund of the City. tion to the City Clerk andupon furnish- give one week published notice of City. Such Properb shall be stored . Section 2 -107. CLAIM BY FORM- ing satisfactory proof of ownership the auction in the official newspaper. in a sj7e place and such money de- FR OWNER AFTER PUBLIC SALE. within 6 nionthsofthe date of respective The notice shall describe the article posited with the City Treasurer for a The former true owner of property public sale, to be disposed of and announce the perio oT'Ynree (3) months unless .sold at public sale according to the Section 3: This ordinance shall be- date, time and place of the auction, claimed by the true owner Upon ex- provisions of Section 2 -105 shall, upon come effective after adoption and upon Instead of being sold at auction, any "piration of the three (3) month period. ,application to the City Clerk within 6 thirty days following its legal publica- article or property may be appropri- said pproperty or money shall be sub- months of the date of public sale and tion. ated to the use of the Village by any sect to disposal under this ordinance upon furnishing satisfactory proof of Adopted this___ day of_ ____ 1169. Department in need thereof upon ap- as unclaimed property or money. former ownership, be paid the respec- — proval of such appropriation by the Section 2 -102, CLAIMS BY OWN- tive sale price proceeds from the Village Council.) ER. During such three (3) month period, General Fund of the City. —i - Mayor (Section 2 -106. DISPOSITION OF the City Dlanager may deliver such Section 2_108. SIT M YI a R Y DIS- PROCEEDS. After the auction hasbeen property or order such money paid POSAL. The City Mauae,er inai. with- ATTEST: _ - completed, the Village Administrator to the true owner thereof upon proof out notice and in such manner as he shall remit the proceeds of the auction of ownership satisfactory to the City determines to be in the public inter- City Clerk to the Village Treasurer for deposit Manager, after ten (10) days notice f in the General Fund. Any property by mail to other persons who may .est. dispose smnrn,inlc o any pruu� rri Published in the Official Newspaper coming into his possession which 1w - offered for sale but not sold and not have asserted a claim of true owner- determines to be dangerous or perish - suitable for appropriation to the use ship. In the event ownership cannot Effective Date — of Village shall be deemed to be of no be determined to the satisfaction of ahle. }n shah make a record pt the - - -- - value and shall be disposed of in such the City Manager. lie may refuse to h,sp sal facts of the receipt and mspo M such property. (Brackets indicate matter to be de- manner as the Village Administrator deliver such property or order the Section 2 -201 CUSTODY' OF U leted, underline indicates new matter.) directs.) payment of such money to anyone un - N- (Published in The Brooklyn Center CLAIMED MOTOR VEHICLES. The e (Section 2 -107. CLAIM BY OWNER til ordered to do so b}' a court. Post July 17, 1�6 ^.) +eot t AFTER AUCTION. The true owner of Section 2 -103, CLAIM BY FINDER. tratt ive provisions for re Manager shall for re cea ivving ing and s- o property sold at auction under section If the true owner does not claim r 5. shall upon application to the Clerk property or money during the three (3) ing in into t t he g u pos o t h e • City o f c, within six months of the auction and month period, the City Manager may he poss e s s sion sion of the Cif' o Br upon satisfactory proof of ownership, release such unclaimed property or Brooklyn Center in the course of its be paid the sale price from the Gen- order such unclaimed money to be municipal operations. He shall mail s to the registered owner, if any. a. eral Fund.) paid to the person who found same, (Section 2 -108. SUMMARY DIS- if at the time of delivery to the City shown on the records is the State POSAL. The Village Administrator of Brooklyn Center such finder indi- Registrar of Motor Vehicles, nonce may, without notice and in such man- cated in writing that he wished to as- of possession of the motor vehicle ner as he determines to be in the sert a claim to the property or money and the intent of the City of Brooklyn public interest dispose summarily of as a finder- Center to dispose of said motor vehicle. any property coming into his posses- Section 2 -104. TRANSFER OF UN- Section 2-202. a peri SBYOWNFR. sion which he determines to be dan- CLAIMED MONEYS TO GENERAL th A t an any y time wit a period of not less gerous or perishable. He shall make a FUND. If any such money is notclaim- than daps after the mailing ofnotire record of the pertinent facts of the re- ed by the true owner or by the finder to the registered owner, if any, said ceipt and disposal of such property.) within the three W month period the owner may claim his vehicle upon Section 2 - 109. REPEAL. Sections City Manager shall cause such money i�irnish,ng satisfactory proof ofowner ( ship to the City Manager, 2 -101 2 -102, 2 -103 and 2- 104ofChap- to be trans7arrad in the Genpraf Find ter 2 of the Ordinances of the Village of the City. UNCLAIMED MOTO R 2 -�03. PUBLIC SALE OF of Brooklyn Center adopted December Section 2 -106, PUBLIC SALE OF d 30th, 1457 and entitled' An Ordinance UNCLAIMED PROPERTY. Upon ex- expiration of a period of of not less o n ess t thahan Providing for the Disposal of Abandoned piration of the three (3) month period, 30 days after the mailing of notice to Property Held By the Village " are unclaimed property remaining in the the registered owner, if any, an un- hereby repealed.) possession of the CU of Br ooklyn to motor bidder shall s sold oo Section 2: Chapter 2 of the City Center shall be appropriated for City to the highest bidder a4 public sale Ordinances is hereby amended by the use upon arrival of tTie Ci y'E cfl by the City Manager, The City Manager addition of the following: or, shall he sold at public sale by shall cause one week published notice the City Manager. The City Manager of the public sale in the official news - AN ORDINANCE. PROVIDING FOR shall cause one week published notice paper, said notice announcing the date. THE CUSTODY AND DISPOSAL of the public sale in the official news- time and place of the public sale OF PROPERTY COMING INTO paper , Sectio 2 -204_ DISPOSITION OF _ THE POSSESSION OF THE CITY , describing therein the article p to be sold and the date, time and PROCEEDS, Upon completion of public OF BROOKLYN CENTER AND place of the sale Any unclaimed prop- sale of unclaimed motor vehicles, the REMAINING UNCLAIMED erty offered for public sale but not City Manager shall cause the net pro - Section 2 -101. CUSTODY OF sold. and not suitable for appropria- ceeds thereof to be deposited in the FOUND _PROPERTY. EXCEPTING tion for City use, shall be deemed to General Fund of the City The net _ANIMALS AND MOTOR VEHICLES be of no value and shall be disposed proceeds shall be the sale price less The City Manager shall establish ad- o f in such manner as the City Manager any costs of handling storing, or sale ministrative provisions for receiving directs, of such unclaimed vehicle. and safekeeping found propert and Section 2 -205. CLAIM BY FORS1- money coming into possession of the Section 2 -106. DISPOSITION OF ER OWNER AFTER PUBLIC SALE. City of Brooklyn Center in the course PROCEEDS. Upon completion of apub- The net proceeds of a respective un- of its municipal operations, A receipt lic sale of unclaimed property, the claimed motor vehicle which has been