HomeMy WebLinkAboutPACKET Administrative Committee 1992-06-22ADMINISTRATIVE COMMITTEE
June 22, 1992
2:00 P.M. - Room 103
AGENDA
1. New Law Allowing Exemption of Municipal Elected Officials from
Membership in PERA.
2. Revised Conference/Training Attendance Policy - Consider
Adoption of a Policy Revising Conference Attendance
Requirements for Employees.
3. 1991 Building Codes - Consider Ordinances Adopting 1991
Editions of the Uniform Building Code, Uniform Code for the
Abatement of Dangerous Buildings, Uniform Plumbing Code, and
Uniform Mechanical Code.
4. Use Tax - Consider Ordinance Eliminating Use Tax on Building
Materials.
5. Unclaimed Property - Consider Ordinance which Adopts
Procedures for Unclaimed Property.
June 18, 1992
TO:
FROM:
SUBJECT:
TOWN OF ESTES PARK
MEMORANDUM
Honorable Mayor Dannels and
Board of Trustees Rich Widmer L.}
Assistant Town Administrator
Administrative Committee Agenda Discussion
NEW LAW ALLOWING PERA EXEMPTION FOR MUNICIPAL OFFICIALS
Enclosed in your packet is a copy of a new law which takes effect
July 1 which will allow elected municipal officials to exempt
themselves out of PERA. If a written exemption is not made, the
official shall be considered a member of PERA. This item is for
individual information of the committee, and does not require
action.
REVISED CONFERENCE/TRAINING ATTENDANCE POLICY
The Conference/Training Attendance Policy has been revised for
employees. Several related policies have been combined into one to
eliminate confusion and repetition. The main changes are including
a limitation of how many out-of-state conferences an employee may
attend, and adding some definitions. Travel policies for elected
officials have not changed. Town Clerk O'Connor will explain this
item in more detail.
Recommendation: Recommend to the Town Board the revised
Conference/Training Attendance Policy be adopted.
Town of Estes Park Estes Park, Colorado 80517
Honorable Mayor Dannels and Board of Trustees
June 18, 1992 - Page 2
ADOPTION OF 1991 BUILDING CODES
The Uniform Building Code (UBC), Uniform Code for the Abatement of
Dangerous Buildings, Uniform Plumbing Code, and Uniform Mechanical
Code, all of which the town has adopted by reference for many
years, are revised and updated every three years. The 1991
editions are now ready for adoption. Community Development
Director Stamey will explain any significant changes. Adoption of
the UBC will also require residential construction to pay a
building permit fee in accordance with Table 3A of the UBC instead
of the special fee we have used in the past.
Recommendation: Recommend to the Town Board these ordinances be
adopted.
USE TAX - ORDINANCE TO ELIMINATE TAX ON BUILDING MATERIALS
This ordinance will eliminate the use tax on building materials.
Staff believes this change will eliminate a significant
administrative burden on those responsible for administering the
existing tax, as well as those who must pay it.
Recommendation: Recommend to the Town Board the ordinance deleting
the use tax on building materials be approved.
UNCLAIMED PROPERTY ORDINANCE
Town Attorney White has prepared an ordinance defining the
procedures for unclaimed property, including utility deposits and
police seizures. This ordinance is necessary due to a new state
law which allows unclaimed property to revert to the state in the
absence of any local ordinance to the contrary. The ordinance
requires the town to publicize any unclaimed property before
disposition takes place.
Recommendation: Recommend to the Town Board adoption of this
ordinance.
SENATE BILL 92-115.
1992
pA AY ' d 19a2
'- Y s PAB.
BY SENATORS Pastore, Blickensderfer, Cassidy, Gallagher,
Groff, J. Johnson, Leeds, Mares, Norton, Peterson, Rizzuto,
and Traylor;
also REPRESENTATIVE Entz.
CONCERNING THE EXEMPTION OF ELECTED OFFICIALS OF
MUNICIPALITIES FROM MEMBERSHIP IN THE PUBLIC EMPLOYEES'
RETIREMENT ASSOCIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. 24-51-307 (1), Colorado Revised Statutes,
1988 Repl. Vol., is RECREATED AND REENACTED, WITH AMENDMENTS,
to read:
24-51-307. Elected municipal officials. (1) (a) ANY
ELECTED OFFICIAL OF A MUNICIPALITY WHICH IS AFFILIATED WITH
THE ASSOCIATION SHALL, WITHIN THIRTY DAYS AFTER TAKING OFFICE,
ELECT TO BECOME A MEMBER OR TO BE EXEMPTED FROM MEMBERSHIP.
IN THE ABSENCE OF A WRITTEN EXEMPTION, AN ELECTED MUNICIPAL
OFFICIAL SHALL BE CONSIDERED A MEMBER. AN ELECTED MUNICIPAL
OFFICIAL WHO HAS ELECTED TO BE EXEMPT FROM MEMBERSHIP MAY
BECOME A MEMBER AT ANY TIME DURING SUCH OFFICIAL'S TERM OF
OFFICE WITH THE MUNICIPALITY.
(b) NOTWITHSTANDING ANY OTHER PROVISION OF THE LAW TO
THE CONTRARY, ANY ELECTED OFFICIAL OF A MUNICIPALITY WHICH IS
AFFILIATED WITH THE ASSOCIATION MAY, ON OR BEFORE AUGUST 1,
1992, ELECT TO BE RETROACTIVELY EXEMPTED FROM MEMBERSHIP
DURING ALL OR ANY PORTION OF THE TIME PERIOD BEGINNING ON JULY
1, 1991, AND CONTINUING UNTIL SUCH DAY OF ELECTION OF
EXEMPTION FROM MEMBERSHIP.
SECTION 2. Effective date. This act shall take effect
July 1, 1992.
Capital letters indicate new material added to existing statutes;
dashes through words indicate deletions from existing statutes and
such material not part of act.
CONFERENCE/TRAINING ATTENDANCE POLICY
/
`INTENT
The intent of this travel policy is to initiate general rules and
regulations to clarify responsibilities pertaining to travel
expense for all Elected Officials, Planning Commissioners, Rodeo
Committee Officers, and Employees.
ADDITION:
All reservations for travel, including accommodations when
applicable, and all Travel Expense Reports shall be processed by
the Town Clerk.
/bEFINITIONS
/ ADDITION:
c/ 1. Conference. A gathering of regional or national members of a
professional organization over a period of several days for
the purpose of continuing education and conducting the
business of the organization.
Training. Classes, seminars, workshops, or similar program
held to improve the job knowledge and/or skills in a specific
area, e.g.: municipal government, computer operation,
supervision, pump repair.
/ELIGIBILITY
ADDITION:
ZOther Employees. An employee may be eligible to attend one (1)
conference, with a maximum occurrence of every two (2) years, as
determined by the Department Head. An employee must obtain the
approval of their Department Head prior to submittal of the
registration forms to the Town Clerk.
ADDITION:
/Attendance at conferences/training is subject to the Annual Budget.
Department Heads will be required to include all travel and
footnote same in detail.
MILEAGE
Vehicle travel expenses for elected/appointed officials and other
employees shall be paid at the ate of $0.25/mile current rate
established by the IRS.
-' PER DIEM COMPUTATION
Single -Day Training. If an early departure (6:00 A.M.) or late
return (7:00 P.M.) from/to Estes Park is necessary to attend
single -day training, a breakfast or dinner meal may be reimbursed
up to a maximum of ....
ADDITION:
Early or late hour travel necessitated by the training location
will not qualify an employee for overtime or compensatory time.
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO,
THE SAME PERTAINING TO BUILDINGS AND CONSTRUCTION
INCLUDING THE ADOPTION OF THE UNIFORM BUILDING CODE
1991 EDITION
WHEREAS, on the 14th day of July, 1992, the Board of
Trustees of the Town of Estes Park held a public Hearing on the
adoption of the 1991 edition of the Uniform Building Code; and
WHEREAS, notice of said Hearing was published as provided in
Section 31-16-203, C.R.S.; and
WHEREAS, prior to the adoption of the Uniform Building Code,
1991 edition, by reference, copies of said Code and all secondary
codes were presented to the Board of Trustees of the Town of
Estes Park.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
Section 1. That Chapter 14.12 of the Municipal Code of the
Town of Estes Park, Colorado, shall be amended to read as follows:
14.12.010 Uniform Building Code, 1991--Adopted. The
Uniform Building Code, 1991 edition, the Uniform Building Code
Appendix, 1991 edition, and the Uniform Building Code Standards,
1991 edition, issued by the International Conference of Building
Officials, 5360 South Workman Mill Road, Whittier, California
90601, except the sections or parts of sections thereof which are
amended by this chapter, referred to in this title as the "Uniform
Building Code", is enacted, adopted by this reference, and
incorporated in this chapter as if set out at length.
14.12.020 Grading Permits. Section 7003 of Chapter 70 of
the Uniform Building Code Appendix, 1991 edition, shall be
amended by the addition of Section (c) to read as follows:
No grading or excavation for projects which require develop-
ment or concept plan approval under the provisions of Section
17.36.040 of the Municipal Code shall be done without a grading
permit. A grading permit may be issued following final approval
of a development or concept plan if the applicant desires to
grade or excavate a project prior to the issuance of a building
permit.
14.12.030 Violation.
A. It is unlawful for any person to violate any of the
provisions stated or adopted in the Uniform Building Code.
B. Every person convicted of a violation of any provision
stated or adopted in the Uniform Building Code shall be punished
as set forth in Section 1.20.020 of this code.
14.12.040 Damages. Neither the Town's Building Inspector,
Town Engineer nor any other employee or agent of the Town of
Estes Park, nor any volunteer acting on behalf of the Town of
Estes Park shall be liable in damages for any act and/or omission
by said person pursuant to the duties and the enforcement of the
provisions of the Uniform Building Code.
Section 2. This Ordinance shall take effect and be enforced
thirty (30) days after its adoption and subsequent publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES PARK,
COLORADO, THIS DAY OF , 1992.
ATTEST:
By:
TOWN OF ESTES PARK
Mayor
Town Clerk
I hereby certify that the above Ordinance was introduced and read
at a meeting of the Board of Trustees on the day of ,
1991, and published in a newspaper of general circulation in the
Town of Estes Park, Colorado on the day of , 1992.
Town Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK, COLORADO
THE SAME PERTAINING TO THE ABATEMENT OF DANGEROUS
BUILDINGS THROUGH THE ADOPTION OF THE UNIFORM CODE
FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1991 EDITION
WHEREAS, on the 14th day of July, 1992, the Board of
Trustees of the Town of Estes Park held a public Hearing on the
adoption of the 1991 edition of the Uniform Code for the
Abatement of Dangerous Building; and
WHEREAS, notice of said Hearing was published as provided
in Section 31-16-203, C.R.S.; and
WHEREAS, prior to the adoption of the Uniform Code for the
Abatement of Dangerous Buildings, 1991 edition, by reference,
copies of said Code were presented to the Board of Trustees of
the Town of Estes Park.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
Section 1. That Section 14.48.010 of the Municipal Code of
the Town of Estes Park, Colorado, shall be amended to read as
follows:
14.48.010 Uniform Code for the Abatement of Dangerous
Buildings, 1991--Adopted. The Uniform Code for the Abatement of
Dangerous Buildings, 1991 edition, issued by the International
Conference of Building Officials, 5360 South Workman Mill Road,
Whittier, California 90601, is enacted and adopted by this
reference as a primary code, and incorporated in this chapter as
if set out at length.
Section 2. Section 14.48.040 is hereby added to read as
follows:
14.48.040 Damages. Neither The Town's Building Inspector,
Town Engineer nor any other employee or agent of the Town of
Estes Park, nor any volunteer acting on behalf of the Town of
Estes Park shall be liable in damages for any act and/or omission
by said person pursuant to the duties and the enforcement of the
provisions of the Uniform Building Code for the Abatement of
Dangerous Buildings.
Section 3. This Ordinance shall take effect and be enforced
thirty (30) days after its adoption and subsequent publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO, THIS DAY OF , 1992.
By:
ATTEST:
TOWN OF ESTES PARK
Mayor
Town Clerk
I hereby certify that the above Ordinance was introduced and read
at a meeting of the Board of Trustees on the day of
1992, and published in a newspaper of general circulation in the
Town of Estes Park, Colorado on the day of , 1992.
Town Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK,
COLORADO, THE SAME PERTAINING TO BUILDINGS
AND CONSTRUCTION INCLUDING THE ADOPTION OF
THE UNIFORM PLUMBING CODE, 1991 EDITION
WHEREAS, on the 14th day of July, 1992, the Board of
Trustees of the Town of Estes Park held a public Hearing on the
adoption of the 1991 edition of the Uniform Plumbing Code; and
WHEREAS, notice of said Hearing was published as provided in
Section 31-16-203, C.R.S.; and
WHEREAS, prior to the adoption of the Uniform Plumbing Code,
1991 edition, by reference, copies of said Code were presented to
the Board of Trustees of the Town of Estes Park.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
Section 1. That Section 14.24.010 of the Municipal Code of
the Town of Estes Park, Colorado, shall be amended to read as
follows:
14.24.010 Uniform Plumbing Code, 1991--Adopted. The
Uniform Plumbing Code, 1991 edition, issued by the International
Conference of Building Officials, 5360 South Workman Mill Road,
Whittier, California 90601, is enacted and adopted by this
reference, and incorporated in this chapter as if set out at
length.
Section 2. That Section 14.24.040 of the Municipal Code of
the Town of Estes Park, Colorado shall be amended to read as
follows:
14.24.040 Fees. The fee schedule in Section 20.7 of the
Uniform Plumbing Code shall be deleted and replaced by Table 3-A
of the Uniform Building Code.
Section 3. That Section 14.24.090 of the Municipal Code of
the Town of Estes Park, Colorado shall be amended to read as
follows:
14.24.090 Damages. Neither the Town's Building Inspector,
Town Engineer nor any other employee or agent of the Town of
Estes Park, nor any volunteer acting on behalf of the Town of
Estes Park shall be liabile in damages for any act and/or
omission by said person pursuant to the duties and the enforce-
ment of the provisions of the Uniform Plumbing Code.
Section 4. This Ordinance shall take effect and be enforced
thirty (30) days after its adoption and subsequent publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO, THIS DAY OF , 1992.
By:
ATTEST:
TOWN OF ESTES PARK
Mayor
Town Clerk
I hereby certify that the above Ordinance was introduced and read
at a meeting of the Board of Trustees on the day of
1992, and published in a newspaper of general circulation in the
Town of Estes Park, Colorado on the day of , 1992.
Town Clerk
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE
MUNICIPAL CODE OF THE TOWN OF ESTES PARK,
COLORADO, THE SAME PERTAINING TO BUILDINGS
AND CONSTRUCTION INCLUDING THE ADOPTION OF
THE UNIFORM MECHANICAL CODE, 1991 EDITION
WHEREAS, on the 14th day of July, 1992, the Board of
Trustees of the Town of Estes Park held a public Hearing on the
adoption of the 1991 edition of the Uniform Mechanical Code; and
WHEREAS, notice of said Hearing was published as provided in
Section 31-16-203, C.R.S.; and
WHEREAS, prior to the adoption of the Uniform Mechanical Code,
1991 edition, by reference, copies of said Code were presented to
the Board of Trustees of the Town of Estes Park.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
Section 1. That Section 14.16.010 of the Municipal Code of
the Town of Estes Park, Colorado, shall be amended to read as
follows:
14.16.010 Uniform Mechanical Code, 1991--Adopted. The
Uniform Mechanical Code, 1991 edition, issued by the
International Conference of Building Officials, 5360 South
Workman Mill Road, Whittier, California 90601, is enacted and
adopted by this reference, and incorporated in this chapter as if
set out at length.
Section 2. That Section 14.16.015 of the Municipal Code of
the Town of Estes Park, Colorado shall be amended to read as
follows:
14.16.015 Fees. The fee schedule in Table 3-A of the
Uniform Mechanical Code should be deleted and replaced by Table
3-A of the Uniform Building Code.
Section 3. That Section 14.16.030 of the Municipal Code of
the Town of Estes Park, Colorado shall be amended to read as
follows:
14.16.030 Damages. Neither the Town's Building Inspector,
Town Engineer nor any other employee or agent of the Town of
Estes Park, nor any volunteer acting on behalf of the Town of
Estes.Park shall be liable in damages for any act and/or omission
by said person pursuant to the duties and the enforcement of the
provisions of the Uniform Building Code.
Section 4. This Ordinance shall take effect and be enforced
thirty (30) days after its adoption and subsequent publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO, THIS DAY OF , 1992.
By:
ATTEST:
TOWN OF ESTES PARK
Mayor
Town Clerk
I hereby certify that the above Ordinance was introduced and read
at a meeting of the Board of Trustees on the day of
1992, and published in a newspaper of general circulation in the
Town of Estes Park, Colorado on the day of , 1992.
Town Clerk
x:yr`ir �;`7, : Hk-1I� If*�::ij�.�y! a_ Hi .r•. WHIT , 6--22-w2 1 : aP!'1
ORDINANCE NO.
M ORDINANCE :kMENDING CHAPTER 3.10
OP THE MUNICIPAL CODE OF THE TOWN OF ESTES PARK.
THE SAME RELATING TO USE TAX ON CONSTRUCTION
BUILDING MATERIALS
WHEREAS, the Board of Trustees has determined that it is
necessary to amend Chapter 3.10 of the Municipal Code of the Town
of Estes Park.
BE IT ORDAINED BY THE BOARD ON TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO.
Section 1. Chapter 3.10 of the Municipal Code of the Town
of Estes Park is amended as follows:
3.10.010 Use tax definitions. For the purposes of Section
3.10.010 through 3.10.040, inclusive, of this chapter, the words
therein contained shall have the meaning set forth in Section
39-26-201, C.R.S., as it currently exists or may hereafter be
amended, and the definitions are incorporated in this chapter by
Specific reference.
3.10.020 use tax im osed--I i*.nount There is imposed and there
shall e paid ar_d oi ected a use tax upon the privilege of
storing and/or using in the Town any motor and other vehicles on
which registration is required, purchased at retail, such use tax
to be in the amount of two percent of the retail cost thereof
(the "use tax"). The use tax shall be collected in accordance
with the schedules set forth in the rules and regulations
promulgated by the Department of Revenue.
3.9 0. 03,0. Use tax ,exec pticns . In no event shall the use tax
apply:
A. To the storage: and/or use of any motor and other
vehicles, the sale of which is subject to a retail sales tax
imposed by the Town;
B. To the storage arid/or use of any motor and other
vehicles by the United States government or the State of
Colorado, or its institutions or political subdivisions in their
governmental capacities only, or by religious or charitable
corporations in the conduct of their regular religious or
charitable functions;
C. To the storage or use of a motor vehicle if the owner ie
or was, at the time of purchase, a nonresident of the Town and he
purchased the vehicle outside of the Town for use outside of the
Town, and actually so used it for a substantial and primary
purpose for which it was acquired, and he registered, titled and
licensed the motor vehicle outside of the Town;
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2.10.040 Motor, and other vehicle use tax collection.
A. The use tax shall be applicable for every motor or other
vehicle for which registration is required by the laws of the
state. No registration shall be made of any motor or other
vehicle for which registration is required, and no certificate of
title shall be issued for such vehicle by the Department of
Revenue of the state or its authorized agents, until any use tax
due upon the use, storage or consumption thereof ham been paid.
E. The use tax on motor or other vehicles shall be
collected by the authorized agent of the Department of Revenue of
the state in the county, pursuant to agreement between the Town
and the Executive Director.
C. The proceeds of the use tax on motor or other vehicles
shall be paid to the Town periodically in accordance with the
agreement authorized by Section 2.10.04O(E) of this Chapter.
Section 2. This ordinance shall take effect August i5,
1992.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARR, COLORADO THIS , DAY OF , 1992.
ATTEST:
TowncIrk
TOWN OF ESTFS PARK
By.
Mayor
I hereby certify that the above ordinance was introduced and read
at a meeting of the Board of Trustees on the day of
1992, and published in a newspaper of general publication in 1992the
Town of Estes Park, Colorado on the day of ,
Town Clerk
ORDINANCE NO.
AN ORDINANCE CONCERNING THE TOWN OF ESTES PARK'S
DISPOSITION OF UNCLAIMED PROPERTY
WHEREAS, certain property held by or under the control of
the Town of Estes Park is owned by an individual or entity and
may be unclaimed by the owner; and
WHEREAS, the Town of Estes Park desires to establish an
administrative procedure for notification and, where possible,
transfer of unclaimed property to the owner; and
WHEREAS, the Town of Estes Park desires to dispose of
unclaimed property after notification has been provided; and
WHEREAS, this local procedure for administration and
disposition of unclaimed property is authorized pursuant to
Section 31-13-104(1) C.R.S.
BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO:
Section 1. Purpose:
The purpose of this Ordinance is to provide for the local
administration and disposition of unclaimed property which is in
the possession of or under the control of the Town of Estes Park.
Section 2. Definitions:
Unless otherwise required by contract or use, words and
terms are to be defined for the purpose of this Ordinance as
follows:
A. Unclaimed Property: 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 Town of Estes Park and which has not been claimed by its
owner for a period of more than one (1) year after said property
has become payable or distributable. Unclaimed property
includes, but is not limited to the following:
1. Deposits for electric service.
2. Overpayment on utility services.
3. Uncashed payroll checks.
4. Money or property from police seizure.
5. Lost and found money or property deposited
with the Town, including weapons left with the
Police Department.
6. Unclaimed appearance bonds in Municipal Court.
B. Town: The Town of Estes Park, Colorado.
C. Owner: The person or entity, including a corpora-
tion, partnership, association, governmental entity, other than
the Town, or the duly authorized legal representative or
successor in interest of the same, which owns unclaimed property
held by the Town.
D. Finance Officer: The Town's Finance Officer or
designee thereof.
Section 3. Procedure for Disposition of Property:
A. Prior to disposition of any unclaimed property having an
estimated value of $50.00 or more, the Finance Officer 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 Town
department or agency 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 Finance Officer 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 Town and any claim
of the owner to such property shall be deemed forfeited.
B. Prior to disposition of any unclaimed property having an
estimated value of less than $50.00 or having no last known
address of the owner, the Finance Officer shall cause a notice to
be published in a newspaper of general circulation in the
Town. 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 or otherwise held. The notice shall state where
the owner may make inquiry or claim the property. The notice
shall also state that if the owner fails to provide the Finance
Officer 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
Town and any claim of the owner to such property shall be deemed
forfeited.
C. If the Finance Officer receives no written claim within
the above sixty (60) day claim period, the property shall become
the sole property of the Town and any claim of the owner to such
property shall be deemed forfeited.
D. If the Finance Officer receives a written claim within
the sixty (60) day claim period, the Finance Officer 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 Finance Officer 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 Finance Officer may, in the Finance
Officer'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 Town and any claim
of the owner of such property shall be deemed forfeited.
G. Any legal action filed challenging a decision of the
Finance Officer 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 Finance
Officer pursuant to the order of the Court having jurisdiction
over such claim.
Section 4. Police and Fire Pension Benefits.
The provisions of this Ordinance shall apply to any
unclaimed property held by the Town as a benefit under the Town's
Police and/or Fire Pension Fund, unless the owner, within three
(3) years after it has become payable or distributable, has
communicated concerning the unclaimed property, or otherwise
indicate an interest as evidenced by a memorandum or other record
on file with the Town. The provisions of Section 3, hereof, shall
be followed with regard to procedure for disposition of said
unclaimed property from the Police and/or Fire Pension Fund of
the Town.
Section 5. Sale or Disposition of Property.
A. At any time after any unclaimed property becomes the
sole property of the Town, pursuant to the provisions of Section
3 of this Ordinance, the Finance Officer may, in his sole
discretion, sell said property at a public or private sale
without notice. The purchaser of said property at any sale
conducted by the Finance Officer, pursuant to this section, takes
-3-
the property free of all claims of the owner or previous holder
thereof and all persons claiming through or under them. The
Finance Officer shall execute all documents necessary to complete
the transfer of ownership to the purchaser.
B. The Finance Officer may, in his sole discretion, at any
time following the date upon which any unclaimed property shall
become the sole property of the Town, destroy or dispose of any
unclaimed property at any time. No action or proceeding may be
obtained against the Town or the Finance Officer, on account of
any action taken by the Finance Officer, pursuant to this
section.
Section 6. The adoption of this Ordinance is hereby
declared an emergency due to the fact that it is necessary to
adopt an Unclaimed Property Ordinance prior to July 1, 1992 and;
WHEREAS, it is the opinion of the Board of Trustees that an
emergency exists and this Ordinance shall take effect and be
enforced immediately after its passage, adoption and signature of
the Mayor.
PASSED AND ADOPTED BY THE TRUSTEES OF THE TOWN OF ESTES
PARK, COLORADO THIS DAY OF JUNE, 1992.
TOWN OF ESTES PARK
By:
Mayor
ATTEST:
Town Clerk
I hereby certify that the above Ordinance was introduced and read
at a meeting of the Board of Trustees on the day of June,
1992, and published in a newspaper of general circulation in the
Town of Estes Park, Colorado on the day of June, 1992.
Town Clerk