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Home My WebLink Aboutordinance.council.047-92 Il'_..... It;\; .'\., Mia'.'... \N \\ ~.".:' \li. --- ORDINANCE NO. it- (Series of 1992) AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF ASPEN, COLORADO, BY ADDING A NEW ARTICLE II TO CHAPTER 2, ADOPTING PROCE- DURES FOR THE DISPOSITION OF UNCLAIMED PROPERTY HELD BY THE CITY OF ASPEN. WHEREAS, certain property held by or under the control of the City of Aspen which is owned by an individual or entity may be unclaimed by the owner; and WHEREAS, the City Council desires to establish an administrative procedure for notification and, where possible, transfer of unclaimed property to the owner; and WHEREAS, the City Council desires to dispose of unclaimed property after notification has been provided; and WHEREAS, the City Council desires to enact a local law providing a local procedure for administration and disposition of unclaimed property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section I That the Municipal Code of the City of Aspen, Colorado, is hereby amended by adding new Article II to Chapter 2 which Article reads as follows: ARTICLE II. DISPOSITION OF UNCLAIMED PROPERTY. Sec. 2-18. Purpose. The purpose of this Article is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the City of Aspen. Nee. ,,\ \iz:< -' \0.,.. i'), '\" ~It.. A "\,:I Sec. 2-19. Definitions. Unless otherwise required by the context or use, words and terms shall be defined as follows: (a) "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 City of Aspen and which has not been claimed by its owner for a period of more than three years after it became payable or distributable. "Unclaimed property" shall not mean "lost and confiscated property" as defined at Section 13-87(a) or vehicles impounded in accordance with Article II of Chapter 22 of the Municipal Code. (b) "Owner" means a person or entity, including a corporation, partnership, association, governmental entity other than the City of Aspen, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the City of Aspen. (c) "City Manager" means the City Manager of the City of Aspen or her designee. Sec. 2-19. Procedure for Disposition of Property. (a) Prior to disposition of any unclaimed property having an estimated value of fifty dollars ($50.00) or more, the City Manager 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 department within the City of Aspen holding the property. The 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. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the City Manager 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 City of Aspen and any claim of the owner to such property shall be deemed forfeited. (b) Prior to the disposition of any unclaimed property having an estimated value of less than fifty dollars ($50.00) or having no last known address of the owner, the City Manager shall cause notice to be published in a newspaper of general circulation in the City of Aspen. The notice shall include a description of the property, the owner of the property, the amount or estimated value of the property and, when available, the purpose for which the property was deposited 2 JI'. '\(" ,~_., \'... 'G" , It, ~..'..."\.'. I" \' '01:0;. or otherwise held. The notice shall state where the owner may make inquiry of or claim the property. The notice shall also state that if the owner fails to provide the City Manager with a written claim for the return of the property within sixty (60) days of the date of the publication of the notice, the property shall become the sole property of the City of Aspen and any claim of the owner to such property shall be deemed forfeited. (c) If the City Manager receives no written claim within the above stated sixty (60) day claim period, the property shall become the sole property of the City of Aspen and any claim of the owner to such property shall be deemed forfeited. (d) If the City Manager receives a written claim within sixty (60) day claim period, the City Manager shall evaluate the claim and give written notice to the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The City Manager may investigate the validity of a claim and may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. (e) In the event that there is more than one claimant for the same property, the City Manager may, in the City Manager's sole discretion, resolve said claims, or may resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action. (f) In the event that all claims filed are denied, the property shall become the sole property of the City of Aspen and any claim of the owner of such property shall be deemed forfeited. (g) An y legal action filed challenging a decision of the City Manager shall be filed pursuant to rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the City Manager pursuant to the order of the Court having jurisdiction over such claim. (h) The City Manager is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this Article, including compliance requirements for other municipal officers and employees in the identification and disposition of such property. Section 2 This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances 3 (\.,.1.,.. 0; '\,. -' ~, \G,<. ,Il.'._. \.0 " '\(." repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances, Section 3 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. A public hearing on the ordinance shall be held on the /3 day of ~- c ;;-1-- 1992, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the ~ day of ~. ~ f. I)~- John S. Bennett, Mayor , 1992. ATTEST: ~~ ~da<-. Kathryn S . och, City Clerk 4 ~'..'..' \\~" ./ ;1.,..... I"~ ~, 0._....'.'.'. '. qt., FIN ALL Y adopted, passed and approved this /3 day of 1992. Q~ t/ 9i:. 5. /3~- John S. Bennett, Mayor ATTEST: ~/bu-Vr) xl4e/C, Kathryn S. lIfoch, City Clerk unclmd.ord 5