HomeMy WebLinkAbout116-21 Disposal of Proeprty
4646 Dakota Street SE
Prior Lake, MN 55372
CITY OF PRIOR LAKE
ORDINANCE NO. 116-21
AN ORDINANCE AMENDING CITY CODE PART 1 BY REPLACING SECTION 110 RELATING
TO DISPOSAL OF PROPERTY AND ADOPTING BY REFERENCE CITY CODE SECTION 104,
WHICH AMONG OTHER THINGS CONTAINS PENALTY PROVISIONS.
The City Council of the City of Prior Lake, Minnesota ordains:
1. City Code Part 1 is amended by deleting Section 110 in its entirety and replacing it with the
following:
110.100: PURPOSE: The purpose of this Section is to establish a means whereby the City
may dispose of real or personal property.
110.200: DEFINITIONS:
Real Property: Land and all its appurtenances, such as buildings, easements,
rights, minerals, crops, and waters.
Personal Property: All property that is not real property, except for property that
has come into the hands of the Police Department through impoundment which
shall be disposed of pursuant to State statute.
Dispose Of: To sell, alienate, to furnish with, bargain away or otherwise convey
or transfer ownership, but, not including destruction of waste materials or the
sale of supplies and materials or other properties by the City in the course of a
service being performed by the City in the ordinary scope of its municipal
function.
110.300: DISPOSAL OF REAL PROPERTY: Disposal of real property shall be by Council
approval.
110.301 Planning Commission: No interest in real property shall be disposed of by the
City until after the Planning Commission has reviewed the proposed disposal
and reported in writing to the City Council its findings as to compliance of the
proposed disposal with the Comprehensive Plan. The City Council may, by
resolution adopted by two-thirds vote dispense with the requirements of this
subsection when in its judgment it finds that the proposed disposal of real
property has no relationship to the Comprehensive Plan.
110.302 Method for Disposal: The City may dispose of real property in a manner
deemed by the City Council to be in the City’s interest. The City may dispose
of real property through sealed bids, quotes, direct negotiation, auction,
donation, exchange, real estate agent, or any other method deemed to be
appropriate. The City Manager shall be responsible for preparing and
processing the disposal of real property. The City Manager may require from
the proposed purchaser a bond, down payment, or other assurances.
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110.400: DISPOSAL OF PERSONAL PROPERTY:
110.401 Disposal: Disposal of personal property owned by the City shall comply with the
provisions of Minnesota Statutes, section 471.345, Uniform Municipal
Contracting Law, as amended from time to time, which is incorporated herein by
reference.
110.402 Method of Disposal. When City equipment, furniture, computers, vehicles or
other personal property has been replaced, is no longer needed, is no longer in
working condition and repair is not cost-effective, or is otherwise appropriate for
disposal the City may dispose of the personal property using the following
methods: (1) sealed bids pursuant to Minn. Stat. 471.345, Subd. 6; (2) direct
negotiation pursuant to Minn. Stat. 471.345, Subd. 4; (3) open market pursuant
to Minn. Stat. 471.345, Subd. 5; (4) electronic sales pursuant to Minn. Stat.
471.345, Subd. 17; (5) donation pursuant to Minn. Stat. 471.3455 or 471.3459;
(6) recycling or disposal as refuse; (7) “trade-in” to offset the cost of replacement
equipment; or (8) any other manner permitted by law and approved by the City
Council. The City Manager shall determine the appropriate method of disposal
of personal property.
110.500: RESTRICTIONS ON SALE TO CITY EMPLOYEES: No real or personal property shall
be sold to any officer or employee of the City except that real or personal property
may be sold to an employee of the City after reasonable public notice at a public
auction or by sealed response, if the employee is not directly involved in the
auction or process pertaining to the administration and collection of sealed
responses.
110.600: DISPOSAL OF UNCLAIMED PROPERTY HELD BY THE CITY: Whenever any property
of any nature, exclusive of any motorized vehicle, lawfully comes into possession
of the City in the course of the municipal operations of the City such property
may be disposed of as follows:
110.601: True Owner: The City may deliver the property to the true owner thereof upon
proof of ownership, and upon ten (10) days’ notice by mail to other persons
who may assert a claim of true ownership. In the event ownership cannot be
determined to the satisfaction of the City Manager or his/her designee, the
City Manager may refuse to deliver the property to anyone until ordered to do
so by the court. The City Manager may deposit the property with the court if
there are sufficient competing claims to the property.
110.602 Finder: If the true owner does not claim the property within a period of three
(3) months, the City may release the unclaimed property to the finder of the
property if, at the time of the delivery to the City, the finder indicated in writing
that the finder wished to assert a claim to the property as finder. This division
is not applicable if the property was found by a City employee in the ordinary
course of that employee’s duties.
110.603 Sale: If the property is not disposed of as provided in subsect ion 110.601 or
110.602 after a period of three (3) months, the City may dispose of the
property by the Chief of Police conducting a public auction or sale or using a
public auction service. The public auction or sale shall be proceeded by ten (10)
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days' published notice describing the property found or recovered and to be sold,
and specifying the time and place of the sale. The notice must be published at
least once in a legal newspaper published in the City. If a public auction service
is used the notice shall be published once each calendar year. If any such
property is perishable or subject to decay by keeping, it may be sold within ten
(10) days, upon five (5) days' published notice, and if any such property be in a
state of decay or manifestly liable to decay, it may be summarily sold by order of
the Chief of Police, after inspection, without notice. All unclaimed property sold
at such auction or sale shall be sold to the highest bidder.
110.604 Disposal: All unclaimed property which is not sold when offered for sale as
provided in subsection 110.603 shall become the property of the City and may
be destroyed or disposed of as directed by the Chief of Police. All unclaimed
property which may not be offered for sale or sold according to law may, after
sixty (60) days, be disposed of or destroyed as directed by the Chief of Police
after notice of disposal has been given in the manner provided by this Section
for saleable unclaimed property.
110.605 Funds: All funds received from sale of property shall be deposited in the general
fund subject to the right of the former owner to payment of the sale price from
the fund upon application and satisfactory proof of ownership within six
months of the sale.
2. City Code Section 104 entitled “General Penalty” is adopted in its entirety by reference, as though
repeated verbatim.
3. This Ordinance shall become effective from and after its passage and publication.
Passed by the City Council of the City of Prior Lake this 14th day of November, 2016.
ATTEST:
_________________________ __________________________
Frank Boyles, City Manager Kenneth L. Hedberg, Mayor
Published in the Prior Lake American on the 19th day of November, 2016.
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
CITY OF PRIOR LAKE county of Scott )
ORDINANCE NO.116-21'
AN ORDINANCE AMENDING
CITY CODE PART 1 BY
REPLACING SECTION 110
RELATING TO DISPOSAL OF Laurie A.Hartmann,being duly sworn,on oath says that she is the publisher or the authorized
PROPERTY AND ADOPTINGagent of the publisher of the newspapers known as the Shakopee Valley News,Jordan Indepen-
BY REFERENCE CITY, dent,Prior Lake American and Savage Pacer,and has full knowledge of the facts herein stated as
CODE SECTION 104,WHICH follows:
AMONG OTHER THINGS
CONTAINS PENALTY (A)These newspapers have complied with the requirements constituting qualification as a legal
PROVISIONS. newspaper, provided b Minnesota Statute 331A.02,331A.07,and other applicable laws,as
The following is only a er p p as p Y
summary of Ordinance No.116-21. amended.
The full text will be available for
public inspection after November (B)The printed public notice that is attached to this Affidavit and identified as No.
15, 2016 by any person during was published on the date or dates and in the newspaper stated in the attached Notice and said
regular office hours at City Hall Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
or in the Document Center on the the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z,both
City of Prior Lake Website. inclusive and is hereby acknowledged as being the kind and size of e used in the composition
SUMMARY.The Ordinance Y g g �'p p
and publication of the Notice:
amends Part 1 of the City
Code by replacing Section 110 abcdefghijklmnopgrstuvwxyz
relating to disposal of property.
The Ordinance sets forth the
procedures for the disposal of t'
real property,personal propertyBy l
and unclaimed-property. B
This ordinance shall become Laurie A.Hartmann
effective from and after its;
passage and publication.
Passed by the City Council of
the City of Prior Lake this 24thSubscribed and sworn before me on
day of October 2016.
(Published in the Prior
Lake American on Saturday,
November 19 2016 No 7832) this day of �` 2016
J°i``ME J EANNE BARK-
NOTA W- PIUBUC•VNNIESOTA
/ .- � � r,41'W)MMOSION E ;HES 01t3�1,8
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RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space....$31.20 per column inch
Maximum rate allowed by law for the above matter.................................$31.20 per column inch j
Rate actually charged for the above matter.............................................. $12.59 per column inch
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