HomeMy WebLinkAboutOrdinance-1992-0903
INTRODUCED BY COUNCILMEMBER
COUNCIL BILL NO.
Ordinance No.
Series of
Kent Davis
] 9
901
1992
TITLE:
A BILL FOR AN ORDINANCE ADDING SECTION 2-5 TO THE WHEAT
RIDGE MUNICIPAL CODE, CONCERNING MUNICIPAL DISPOSITION
OF UNCLAIMED PROPERTY.
WHEREAS, the City desires to enact a local procedure governing
the disposition of unclaimed property, in accordance with Colorado
law.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE,
COLORADO, THAT:
Section 1. Section 2-5 is hereby added to the Wheat Ridge
Municipal Code as follows:
Sec. 2-5. Disposition of unclaimed property.
(a) Purpose. The purpose of this ordinance is to provide for
the administration and disposition of unclaimed property which is
in the possession of or under the control of the municipality.
(b) Defini tions. Unless otherwise required by context or
use, words and terms shall be defined as follows:
(1) "Unclaimed property" means any tangible or
intangible property, including any income or increment derived
therefrom, less any lawful charges, that is held by or under the
control of the municipality and which has not been claimed by its
owner for a period of more than two years after it became payable
or distributable. For purposes of this ordinance, "unclaimed
property" shall not mean lost, abandoned, stolen or confiscated
personal property as provided in Article IV, Chapter 19 of the
Wheat Ridge Municipal Code. The disposition of lost, abandoned,
stolen or confiscated personal property shall be governed by the
provisions contained in Article IV, Chapter 19, notwithstanding the
provisions of this ordinance.
Colorado.
(2) "Municipality" means the City of Wheat Ridge,
(3) "Owner" means a person or entity, including a
corporation, partnership, association, governmental entity other
than this municipality, or a duly authorized legal representative
or successor in interest of same, which owns unclaimed property
held by the municipality.
(c) Procedure for disposition of property.
(1) Prior to disposition of any unclaimed property, the
City Clerk shall cause a notice to be published in a newspaper of
general circulation in the municipality. In addition, the City
Clerk shall send a written notice by certified mail, return receipt
requested, to the last known address, if any, of any owner of
unclaimed property. The last known address of the owner shall be
the last address of the owner as shown by the records of the
municipal department or agency holding the property. Each such
notice shall include a description of the property, the amount or
estimated value of the property, and, when available, the purpose
for which the property was deposited or otherwise held. Each such
notice shall state where the owner may make inquiry of or claim the
property. Each such notice shall also state that if the owner
fails to provide the City Clerk with a written claim for the return
of the property within sixty (60) days of the date of the notice,
the property shall become the sole property of the municipality and
any claim of the owner to such property shall be deemed forfeited.
(2) If the City Clerk receives no written claim within
the above sixty (60) day claim period, the property shall become
the sole property of the municipality and any claim of the owner
to such property shall be deemed forfeited.
(3) If the City Clerk receives a written claim within
the sixty (60) day claim period, the City Administrator shall
evaluate the claim and give written notice to the City Clerk and
the claimant within ninety (90) days thereof that the claim has
been accepted or denied in whole or in part. The City
Administrator may request further supporting documentation from the
claimant prior to disbursing or refusing to disburse the property.
(4) In the event that there is more than one claimant
for the same property the City Administrator may at the City
Administrator's option, resolve said claims, or may resolve such
claims by depositing the disputed property with the registry of the
District Court in an interpleader action.
(5) In the event that all claims filed are denied, the
property shall become the sole property of the municipality and any
claim of the owner of such property shall be deemed forfeited.
(6) Any legal action filed challenging a decision of the
City Administrator shall be filed pursuant to Rule 106 of the
Colorado Rules of Civil Procedure within thirty (30) days of such
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decision or shall be forever barred. If any legal action is timely
filed, the property shall be disbursed by the City Administrator
pursuant to the order of the Court having jurisdiction over such
claim.
(7) The city Administrator is authorized to establish
and administer procedures for the administration and disposition
of unclaimed property consistent with this Ordinance, including
compliance requirements for other municipal officers and employees
in the identification and disposition of such property.
section 2. Severability. If any clause, sentence, paragraph,
or part of this ordinance or the application thereof to any person
or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect
application to other persons or circumstances.
Section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, and
that this ordinance is necessary for the preservation of health and
safety and for the protection of public convenience and welfare.
The City Council further determines that the ordinance bears a
rational relation to the property legislative object sought to be
attained.
Section 4. This ordinance shall become effective 15
day(s) after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
8 to 0 on this 13th day of July , 1992,
ordered published in full in a newspaper of general circulation in
the City of Wheat Ridge and Public Hearing and consideration on
final passage set for August 24, , 1992, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue,
Wheat Ridge, Colorado.
Postponed to September 14, 1992.
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of R to 0 this 14th day of
September , 1992.
SIGNED by the Mayor on this 15th
1992.
day of September
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ATTEST:
k
APPROVED
OFFICE
1st Publication: July 23, 1992
2nd Publication: September 24, 1992
Wheat Ridge Sentinel:
Effective Date: October 9, 1992
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