2001-07BILL NO. 2001-7
AN ORDINANCE RELATING TO DISPOSITION OF
FORFEITED, ABANDONED, JUNK AND IMPOUNDED
MOTOR VEHICLES; AMENDING SUBSECTION 315.01
AND AMENDING SECTION 315 OF THE RICHFIELD
CITY CODE BY ADDING A NEW SUBSECTION, 315.02
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 315.01 subdivision 4 of the Richfield City Code is amended
to read as follows:
Subd. 4. Limitation on application. This subsection does not apply to
,ham motor vehicles or to personal property that the Citv acquires
through civi{ or criminal forfeiture proceedings. Disposition of an abandoned,
junk or impounded motor vehicle is governed by Minnesota Statutes, section
168B. Disposition of motor vehicles and other personal property that the City
has acquired through forfeiture proceedings is governed by subsection
315.02 of this code.
Section 2. Section 315 of the Richfield City Code is amended by adding a
subsection as follows:
315.02. Disposition of forfeited property. Subdivision 1. The purpose of this
subsection is to provide for the disposal of forfeited property. For purposes of this
subsection, the term "forfeited property" means any personal property acquired by the City
pursuant to civil or criminal forfeiture proceedings under state law.
Subd. 2. Method of disposition. When the sale of forfeited property is
permitted under applicable law, the city manager will determine what forfeited
property is to be sold and the method of sale. The available methods of sale
are:
(a) Sale by quotation. If the sale is made upon quotation it must be
based, so far as practicable, on at least two quotations which
shall be kept on file for a period of at least one year after their
receipt. Sale by quotation may not be used for forfeited property,
the estimated value of which exceeds $50,000.
(b) Sale by public auction. If the sale is made by public auction,
the auction must be conducted under the direction of the city
manager, following published notice in the official newspaper at
least 10 days in advance of the sale date.
(c) Sale by other auction. The city manager may provide for safe
of forfeited property by placement in an established dealer
auction or salvage auction conducted by a licensed broker.
(d) Sale by direct negotiation. The city manager may direct the
sale of a forfeited motor vehicle to a scrap yard by direct
negotiation, if the vehicle has an approximate fair market value
equal only to the approximate value of the scrap in it. The city
manager may direct the sale of forfeited personal property to
the storage facility where the property is stored, if the forfeited
property has an approximate fair market value equal only to the
storage fees.
Subd. 3. Disposition of proceeds. The proceeds of the sale of
forfeited property must be disbursed in accordance with applicable law.
Section 3. This ordinance is effective in accordance with Section 3.09 of the Richfield
City Charter.
Passed by the City Council of the City of Richfield, Minnesota this 12th day of
March, 2001.
~~~L~,~___ ~ _ ~/~
Martin J. Kirsch, Ada r
ATTEST:
~.~> >
Nancy Gib s, City Clerk
~'
City of Richfield
(Official Publication)
BILL N0.2001-7
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
Frank Chilinski, being duly swom on an oath states or affirms, that he is the publisher of the
newspaper known as Sun-Current or the president's designated
agent, and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Wednesday, the 28 day of
March , 2001, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of , 2001; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
the size and kind of type used in the composition and publication of the notice:
~,_ _
abcdefghijklmnopgrstuvwxyz
~~ ~ ~_
a„~„s" BY;
~'~ Publisher
Subscribed end swom to or affirm~ed/ bgfore me
on this ~~ ~ day of~~ ~C..1' ` 001.
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RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
(2) Maximum rate allowed by law
(3) Rate actually charged
$ 2.85 per line
$ 6.20 per line
$ 1.40 per line
AN ORDINANCE RELATING TO DISPOSITION OF
FORFEITED, ABANDONED, <IUNK AND
IMPOUNDED MOTOR VEHICLES; AMENDING
SUBSECTION 315.01 AND AMENDING SECTION
315 OF THE RICHFIELD CITY CODE SY ADDING '
A NEW SUBSECTION, 315.02
THE CITY OF RICHFIELD DOES ORDAIN:
Section 1. Subsection 315.01 subdivision 4 of the Richfield
City Code is amended to read as follows:
Subd. 4. Limitation on application. This subsection does
not apply to eeekeeA motor vehicles or to personal
property that the Citv acquires through civil or criminal
forfeiture oroceedin s. Disposition of an abandoned. junk
or impounded motor vehicle is governed by Minnesota
Statutes section 168B. Disposition of motor vehicles and
other personal prooerty tha*. the City has acquired
hro gh forfeiture proceedings is governed by subsection
315.02 of this code.
Section 2. Section 315 of the Richfield City Code is amend- ~,
ed by adding a subsection as follows:
315.02. Disposition of forfeited property. Subdivision 1.
The purpose of this subsection is to provide for the dispos-
al offorfeitedproperty. For purposes of this subsection, the
term "forfeited property" means any personal property ac-
quired by the City pursuant to civil or criminal forfeiture
proceedings under state law.
Subd. 2. Method of disposition. When the sale of forfeit-
ed property is permitted under applicable law, the city
manager will determine what forfeited property is to be
sold and the method of sale. The available methods of sale
are:
(a) Sale by quotation. If the sale is made upon quotation
it must be based, so far as practicable, on at least two quo-
tations which shall be kept on file for a period of at least
one year after their receipt. Sale by quotation may not be
used for forfeited property, the estimated value of which
exceeds $50,000.
(b) Sale by public auction. If the sale is made by public '
auction, the auction must be conducted under the direction ~
of the city manager, following published notice in the offi-
cial newspaper at least 10 days in advance of the sale date. I
(c) Sale by other auction. The city manager may provide
for sale of forfeited property by placement in an estab-
lished dealer auction or salvage auction conducted by a li-
censed broker.
(d) Sale by direct negotiation. The city manager may di-
rect the sale of a forfeited motor vehicle to a scrap yard by
direct negotiation, if the vehicle has an approximate fair
mazket value equal only to the approximate value of the
scrap in it. The city manager may direct the sale of for-
feited personal property to the storage facility where the
property is stored, if the forfeited property has an approx-
imate fair market value equal only to the storage fees.
Subd. 3. Disposition of proceeds. The proceeds of the sale
of forfeited property must be disbursed in accordance with
applicable law.
Section 3. This ordinance is effective in accordance with
Section 3.09 of the Richfield City Charter.
Passed by the City Council of the City of Richfield, Min-
nesota this 12th day of Mazch, 2001.
' Martin J. Kirsch, Mayor
ATTEST: i
' Nancy Gibbs, City Clerk I
(March 28, 2001)D2Bi112001-7 _~