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(A) Definitions. For the purpose of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
ABANDONED MOTOR VEHICLE. A motor vehicle as defined in M.S. Ch. 169, as it may be amended from time to time, that has remained for a period of more than 48 hours on public property illegally or lacking vital component parts, or has remained for a period of more than 48 hours on private property without the consent of the person in control of the property, or in an inoperable condition such that it has no substantial potential further use consistent with its usual function, unless it is kept in an enclosed garage or storage building. It shall also mean a motor vehicle voluntarily surrendered by its owner to and accepted by the city. A classic car or pioneer car, as defined in M.S. Ch. 168, as it may be amended from time to time, shall not be considered an ABANDONED MOTOR VEHICLE within the meaning of this subchapter. Vehicles on the premises of junk yards or automobile graveyards, which are licensed and maintained in accordance with the city code, shall not be considered ABANDONED MOTOR VEHICLES within the meaning of this subchapter.
VITAL COMPONENT PARTS. Those parts of a motor vehicle that are essential to the mechanical functioning of the vehicle, including, but not limited to, the motor, drive train and wheels.
(B) Custody. The city shall take into custody and impound any abandoned motor vehicle.
(C) Immediate sale. When an abandoned motor vehicle is more than seven model years of age, is lacking vital component parts and does not display a license plate currently valid in Minnesota or any other state or foreign country, it shall immediately be eligible for sale at public auction and shall not be subject to the notification, reclamation or title provision of this division (C).
(D) Notice.
(1) When an abandoned motor vehicle does not fall within the provisions of division (C) above, the city shall give notice of the taking within ten days. The notice shall set forth the date and place of
the taking, the year, make, model and serial number of the abandoned motor vehicle, if the information can be reasonably obtained, and the place where the vehicle is being held, shall inform the owner and any lien holders of their right to reclaim the vehicle under division (F) below and shall state that failure of the owner or lien holder to exercise their right to reclaim the vehicle and contents be deemed a waiver by them of all rights, title and interest in the vehicle and a consent to the sale of the vehicle at a public auction pursuant to division (F) below.
(2) The notice shall be sent by mail to the registered owner, if any, of the abandoned motor vehicle and to all readily identifiable lien holders of record. If it is impossible to determine with reasonable certainty the identity and address of the registered owner and all lien holders, the notice shall be published once in the official newspaper. Published notices may be grouped together for convenience and economy.
(E) Right to reclaim.
(1) The owner or any lien holder of an abandoned motor vehicle shall have a right to reclaim the vehicle from the city upon payment of all towing and storage charges resulting from taking the vehicle into custody within 15 days after the date of the notice required by this section.
(2) Nothing in this section shall be construed to impair any lien of a garage keeper under the laws of the state or the right of the lien holder to foreclose. For the purposes of this division (E),
GARAGE KEEPER is an operator of a parking place or establishment, an operator of a motor vehicle storage facility or an operator of an establishment for the servicing, repair or maintenance of motor vehicles.
(F) Public sale.
(1) An abandoned motor vehicle and contents taken into custody and not reclaimed under division (E) above shall be sold to the highest bidder at public auction or sale, following one published notice published at least seven days prior to the auction or sale. The purchaser shall be given a receipt in a form prescribed by the Registrar of Motor Vehicles which shall be sufficient title to dispose of the vehicle. The receipt shall also entitle the purchaser to register the vehicle and receive a certificate of title, free and clear of all liens and claims of ownership. Before such a vehicle is issued a new certificate of title, it must receive a motor vehicle safety check.
(2) From the proceeds of the sale of an abandoned motor vehicle, the city shall reimburse itself for the cost of towing, preserving and storing the vehicle and all administrative, notice and publication costs incurred pursuant to this section. Any remainder from the proceeds of a sale shall be held for the owner of the vehicle or entitled lien holder for 90 days and then shall be deposited in the General Fund of the city.
(G) Disposal of vehicles not sold. Where no bid has been received for an abandoned motor vehicle, the city may dispose of it in accordance with this section.
(H) Contracts and disposal.
(1) The city may contract with any qualified person for collection, storage, incineration, volume reduction, transportation or other services necessary to prepare abandoned motor vehicles and other scrap metal for recycling or other methods of disposal.
(2) Where the city enters into a contract with a person duly licensed by the state’s Pollution Control Agency, the Agency shall review the contract to determine whether it conforms to the Agency’s plan for solid waste disposal. A contract that does so conform may be approved by the Agency. Where a contract has been approved, the Agency may reimburse the city for the costs incurred under the contract which have not been reimbursed.
(3) If the city utilizes its own equipment and personnel for disposal of the abandoned motor vehicle, it shall be entitled to reimbursement for the cost thereof along with its other costs as herein provided.
(Prior Code, § 2.71) (Ord. 44, Third Series, effective 3-24-1988)
(A) Definition. The term UNCLAIMED PROPERTY means tangible or intangible property that has lawfully come into the possession of the city in the course of municipal operations, remains unclaimed by the owner and has been in the possession of the city for at least 60 days and has been declared such by the City Administrator.
(B) Preliminary notice. The City Administrator shall make a reasonable effort to ascertain the identity and address of the true owner of unclaimed property. If the identity and address of the owner are ascertained, the City Administrator shall serve written notice upon the owner either in person or by certified mail that, unless the unclaimed property is claimed and proof of ownership and entitlement to possession are established within 30 days after the date of notice, the property shall be subject to sale by the city.
(C) Notice and sale. If, after reasonable effort, the identity and address of the true owner cannot be ascertained, or if the 30-day notice period expires without the owner having made claim and established proof of ownership and entitlement to possession, the property shall be sold to the highest bidder at public auction or sale. Notice of the sale shall be published once at least three weeks prior to the sale and contain a brief description of the property to be sold, the date, time, place and manner in which the sale shall be conducted.
(D) Fund and claims thereon. All proceeds from the sale shall be paid into the General Fund of the city and expenses thereof paid therefrom. The former owner, if he or she makes claim within eight
months from the date of publication of the notice herein provided, and upon application and satisfactory proof of ownership, may be paid the amount of cash or negotiables or, in the case of property sold, the amount received therefor, less a pro rata share of the expenses of storage, publication of notice and sale expenses, but without interest. The payment shall be also made from the General Fund.
(E) Effective law. The City Administrator may elect to proceed under the provisions of this section or any applicable statutory provisions.
(Prior Code, § 2.71)
(A) Estimated value, less than $100,000.
(1) If the excess property has an estimated value of $100,000 or less, the City Administrator may sell the same either upon direct negotiation, quotations, an auction or in the open market.
(2) If the agreement to sell is made upon quotations it shall be based, so far as possible, on at least two quotations which shall be kept on file for a period of at least one year after receipt thereof.
(B) Estimated value, over $100,000. If the excess property has an estimated value over $100,000, the Council shall order it sold upon sealed bids solicited by public notice as required by law.
(C) Receipts from sales of surplus property. All receipts from sales of surplus property under this section shall be placed in the fund from which the asset came.
(Prior Code, § 2.71) (Ord. 44, Third Series, effective 3-24-1988; Ord. 352, Third Series, effective 4-13-2017)
(A) (1) No employee of the city who is a member of the administrative staff, department head, a member of the Council or an advisor serving the city in a professional capacity may be a purchaser of property under this subchapter.
(2) Other city employees may be purchasers if they are not directly involved in the sale, if they are the highest responsible bidder and if at least one week’s published or posted notice of sale is given.
(B) It is unlawful for any person to be a purchaser of property under this subchapter if the purchase is prohibited by the terms of this subchapter.
(Prior Code, § 2.71) Penalty, see § 10.99
FRANCHISES
The term
FRANCHISE, as used in this subchapter, shall be construed to mean any special privileges granted to any person in, over, upon or under any of the streets or public places of the city, whether the privilege has heretofore been granted by it or by the state or shall hereafter be granted by the city or by the state.
(Prior Code, § 2.72)
(A) The Council may grant franchises by ordinance.
(B) Franchise rights shall always be subject to the superior right of the public to the use of streets and public places.
(C) All persons desiring to make any burdensome use of the streets or public places, inconsistent with the public’s right in such places or desiring the privilege of placing in, over, upon or under any street or public place any permanent or semi-permanent fixtures for the purpose of constructing or operating railways, telegraphing or transmitting electricity, or transporting by pneumatic tubes, or for furnishing to the city or its inhabitants or any portion thereof, transportation facilities, water, light, heat, power, gas or any other such utility, or for any other purpose, shall be required to obtain a franchise before proceeding to make the use of the streets or public places or before proceeding to the place the fixtures in those places.
(Prior Code, § 2.72)
All conditions specified in this subchapter shall be a part of every franchise even though they may not be expressly contained in the franchise.
(A) The grantee shall be subject to and will perform on its part all the terms of this subchapter and will comply with all pertinent provisions of any City Charter and city code as the same may from time to time be amended.
(B) The grantee shall in no case claim or pretend to exercise any power to fix fares, rates and charges, but that the fares, rates and charges shall, at all times, be just, fair and reasonable for the services rendered and shall, in all cases, be fixed and from time to time changed, unless regulated by an agency of the state, in the manner following.
(1) A reasonable rate shall be construed to be one which will, with efficient management, normally yield above all operating expenses and depreciation, a fair return upon all money invested.
(2) If possible, maximum rates and charges shall be arrived at by direct negotiations with the Council.
(3) If direct negotiations fail to produce agreement, the Council shall, not less than 30 days before the expiration of any existing rate schedule or agreement, appoint an expert as its representative, the franchisee shall likewise appoint an expert as its representative, the two of them shall appoint a third person, preferably an expert, and the three of them shall constitute a board of arbitration. The board shall report its findings as soon as possible, and the rates and charges it shall agree upon by majority vote shall be legal and binding, subject only to review by a court of competent jurisdiction upon application of one of the parties.
(C) The Council shall have the right to require reasonable extensions of any public service system from time to time and to make such rules and regulations as may be required to secure adequate and proper service and to provide sufficient accommodations for the public.
(D) The grantee shall not issue any capital stock on account of the franchise or the value thereof, and that the grantee shall have no right to receive upon condemnation proceedings brought by the city to acquire the public utility exercising the franchise, any return on account of the franchise or its value.
(E) No sale or lease of the franchise shall be effective until the assignee or lessee shall have filed with the city an instrument, duly executed, reciting the facts of the sale or lease, accepting the terms of the franchise and agreeing to perform all the conditions required of the grantee thereunder.
(F) Every grant in the franchise contained of permission for the erection of poles, masts or other fixtures in the streets and for the attachment of wires thereto, or for the laying of tracks in, or of pipes or conduits under the streets or public places, or for the placing in the streets or other public places of any permanent or semi-permanent fixtures whatsoever, shall be subject to the conditions that the Council
shall have the power to require the alterations therein, or relocation or rerouting thereof, as the Council may, at any time, deem necessary for the safety, health or convenience of the public, and particularly that it shall have the power to require the removal of poles, masts and other fixtures bearing wires and the placing underground of all facilities for whatsoever purpose used.
(G) Every franchise shall contain a provision granting the city the right to acquire the same in accordance with statute.
(H) The franchisee may be obligated by the city to pay the city fees to raise revenue or defray increased costs accruing as a result of utility operations, or both, including, but not limited to, a sum of money based upon gross operating revenues or gross earnings from its operations in the city.
(Prior Code, § 2.72)
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