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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 2 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 3 ATTEST: k APPROVED OFFICE 1st Publication: July 23, 1992 2nd Publication: September 24, 1992 Wheat Ridge Sentinel: Effective Date: October 9, 1992 4