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Ordinance 26170006.16086 RPB/sc 04/14/87 ORDINANCE NO. 2617 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, REPEALING CHAPTER 3.02 OF THE EDMONDS CITY CODE ENTITLED "DISPOSITION OF LOST AND UNCLAIMED PERSONAL PROPERTY AND MONIES", AND ADDING A NEW CHAPTER 3.02; CONTAINING A SEVERABILITY CLAUSE AND SETTING AN EFFECTIVE DATE. WHEREAS, the Edmonds City Council finds that the provisions of Chapter 3.02 of the Edmonds City Code was adopted in 1979 and is more restrictive than and inconsistent with state statutes governing lost and unclaimed property, and WHEREAS, the Edmonds City Council finds that Chapter 3.02 should be repealed and that the state statutes governing lost and unclaimed property should be adopted, and WHEREAS, the Edmonds City Council finds that this ordinance is in the interests of the public health, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.02 of the Edmonds City Code is hereby repealed. Section 2. There is hereby added to the Edmonds City Code a new Chapter 3.02 entitled "Lost and Unclaimed Property" to read as follows. 3.02.010 Lost and Found Proper A. The following statutes of the State of Washington, including all future amendments thereto, are hereby adopted by reference: RCW 63.21.010 Procedure where finder wishes to claim found property -- Appraisal --Surrender of property --Notice of intent to claim --Publication. RCW 63.21.020 Circumstances extinguishing finder's claim to property. RCW 63.21.030 Release of property to finder--Limitations--Payment to governmental entity of portion of appraised value -- Expiration of finder's claim. RCW 63.21.040 Failure to comply with chap- ter --Forfeiture of right to property. RCW 63.21.050 Duties of chief law enforce- ment officer receiving found property. RCW 63.21.060 Duties of governmental entity acquiring lost property -- Disposal of property. B. City employees who find or acquire property covered by this chapter while acting within the course of their employment with the city may claim possession of the lost property as a finder under the provisions of this chapter; provided, however, employees of the Edmonds police department and Edmonds fire department, including reserves, may not claim possession of lost property as a finder if said property is found or acquired while acting within the course of employment with the city. 3.02.020 Intangible property --The Uniform Unclaimed Property Act. The following statutes of the State of Washington, including all future amendments thereto, are hereby adopted by refer- ence: RCW 63.29.010 Definitions and use of terms. RCW 63.29.020 Property presumed abandoned -- General rule. RCW 63.29.030 General rules for taking cus- tody of intangible unclaimed property. -2- RCW 63.29.040 Travelers checks and money orders. RCW 63.29.050 Checks, drafts, and similar instruments issued or certified by banking and financial or- ganizations. RCW 63.29.060 Bank deposits and funds in financial organizations. RCW 63.29.070 Funds owing under life insur- ance policies. RCW 63.29.080 Deposits held by utilities. RCW 63.29.090 Refunds held by business asso- ciations. RCW 63.29.100 Stock and other intangible interests in business asso- ciations. RCW 63.29.110 Property of business asso- ciations held in course of dissolution. RCW 63.29.120 Property held by agents and fiduciaries. RCW 63.29.130 Property held by courts and public agencies. RCW 63.29.140 Gift certificates and credit memos. RCW 63.29.150 Wages. RCW 63.29.160 Contents of safe deposit box or other safekeeping repository. RCW 63.29.170 Report of abandoned property. RCW 63.29.180 Notice and publication of lists of abandoned property. RCW 63.29.190 Payment or delivery of aban- doned property. RCW 63.29.200 Custody by state --Holder re- lieved from liability --Reim- bursement of holder paying claim --Reclaiming for owner -- Defense of holder --Payment of safe deposit box or repository charges. RCW 63.29.210 Crediting of dividends, in- terest, or increments to owner's account. RCW 63.29.220 Public sale of abandoned pro- perty. RCW 63.29.230 Deposit of funds. RCW 63.29.240 Filing of claim with depart- ment. RCW 63.29.250 Claim of another state to recover property --Procedure. RCW 63.29.260 Action to establish claim. -3- RCW 63.29.270 Election to take payment or delivery. RCW 63.29.280 Destruction or disposition of property having insubstantial commercial value --Immunity from liability. RCW 63.29.290 Periods of limitation. RCW 63.29.300 Requests for reports and examination of records. RCW 63.29.310 Retention of records. RCW 63.29.320 Enforcement. RCW 63.29.330 Interstate agreements and cooperation --Joint and reci- procal actions with other states. RCW 63.29.340 Interest and penalties. RCW 63.29.350 Penalty for excessive fee for locating abandoned property. RCW 63.29.360 Foreign transactions. RCW 63.29.370 Rules. RCW 63.29.380 Information and records con- fidential. RCW 63.29.900 Effect of new provisions -- Clarification of application. RCW 63.29.901 Captions not law. RCW 63.29.902 Uniformity of application and construction. RCW 63.29.903 Short title. 3.02.030 Unclaimed Property in Hands of Police Department. The following statutes of the State of Washington, including all future amendments thereto, are hereby adopted by reference. RCW 63.32.010 Methods of disposition --Sale, retention, destruction, or trade. RCW 63.32.020 Notice of sale. RCW 63.32.030 Disposition of proceeds. RCW 63.32.040 Reimbursement to owner. 3.02.040 Severability. If any section, sub- section, clause, phrase or word of this chapter is, for any reason, held to be invalid or uncon- stitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. -4- Section 2. This ordinance shall take effect and be in full force thirty (30) days after publication of the attached summary which is hereby approved. TTEST/AUTHENT CAATTEED: T CI Y CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: ell BY FILED WITH THE C Y CLERK : Apri 1 15, 1987 PASSED BY THE CITY COUNCIL: May 19, 1987 PUBLISHED: May 26, 1987 EFFECTIVE DATE: June 26, 1987 ORDINANCE NO. 2F17 26'M STATE OF WASHINGTON, COUNTY OF SNOHOMISH, AN mncllMo Ythe9City87 file of Edmonds issed Ordinance No. 2617, filch provid« — s,.,,_..._ i3 �ecr� ion__l, Repeois Chopter Section 2. Adopts the state $fOr'of s—iontalned In RCW Chapters 63.21, 63.29 and 63.32 concerning the dlsposition of lost and unclaimed property -'and prohibits Edmonds police and fire dae,,.+.,..._. found provisions of oRCW Chapter 63.21. Section J. Contains a Severa- bl5et1Riy on 4. Sets an effective dots iromr s ordinance of 30 summory's pubifcoiion of this wi I beftextma11 s offhout ch In to re'anquest to the Cf}yIts Clerk of }he City of Edmonds fora copy of the text. �council Of the GCity OffEdmonds at their meeting of May 19 1987 JACQUELINE G. PARAETT City Clerk Published: May 26, 1987. ss. Affidavit of Publication The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the notice ........................................ >......A......................................................... a printed copy of which is hereunto attached, was published in said newspaper proper and not in supplement form, in the regular and entire edition of said paper on the following days and times, namely: and that said newspaper was regularly distributed to its subscribers during all of said period. ..............................._:c.:.. ......... .................. ..........:........:.....-...:....: r............................. Principal Clerk Subscribed and sworn to before me this...`-::. \.............. ..` day of..............'::.�/6:..:4....t.----.......... . ...................., 19.:>,...�. 4- c 6 tt Notary ublic in a d fo the State of Washington, resi di g at Evere , Snohomish County. vmw7 l