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HomeMy Public PortalAbout13-8695 the Multi-City Police and Public Works Auction Sponsored by: City Manager RESOLUTION NO. 13-8695 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, DECLARING CERTAIN CITY PROPERTY AS SURPLUS, AND AUTHORIZE THE DISPOSITION THROUGH PARTICIPATION IN THE MULTI-CITY POLICE AND PUBLIC WORKS AUCTION SCHEDULED FOR OCTOBER 29, 2013; PROVIDING FOR INCORPORATION OF RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka Police Department has equipment and several vehicles in their possession, seized during arrest and illegal activities; and WHEREAS,pursuant Florida Statute 705.103,the Police Department has cleared and made all reasonable attempts to ascertain the rightful owner(s) or lien-holder(s) of the seized property; and WHEREAS, the City has the right to sell the seized property as well as vehicles that are no longer useful and are burdensome to the City; and WHEREAS, the City Commission of the City of Opa-locka desires to dispose of the surplus property and other vehicles which are no longer useful to the City in the most economical way by participating in the Multi-City Police and Public Works Auction set for October 29, 2013. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka, declares certain City property as surplus as set forth in the attached Exhibit A, and authorizes the disposition through Resolution No. 13-8695 participation in the Multi-City Police and Public Works Auction scheduled for October 29, 2013. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 23rd day of I ctober, 2013. M ,' • 'AYLOR MAYOR Attest to: 0 )("Ct Jo a Flores City Clerk Approved as to form and legal sufficiency: Jos p'oS Geller GREEN.POON MARDER PA City Attorney Moved by: COMMISSIONER JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 2 OQp.�ocKQ F 9 0 v A a Z0 9y m • OApO RA't g0 City of Opa-Locka Agenda Cover Memo Commission Meeting 10/23/2013 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) X Public Hearing: Yes No Yes No (Enter X in box) Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) (Enter X in box) Contract/P.O.Required: Yes No RFP/RFQ/Bid #: (Enter X in box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) specific objective/strategy this item will address) Enhance Organizational 0 Bus.&Economic Dev El Public Safety CI Quality of Education CI Qual.of Life&City Image p Communcation CI Sponsor Name City Manager Department: City Manager Short Title: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA DECLARING CERTAIN CITY PROPERTY AS SURPLUS; PROVIDING FOR PARTICIPATION IN THE MULTI CITY POLICE AND PUBLIC WORKS AUCTION TO BE HELD ON OCTOBER 29, 2013. Staff Summary: The City of Opa-locka Police Department has identified several vehicles and equipment seized during arrests and illegal activities that are now in possession of the City. The Police Department has cleared has made all reasonable attempts to ascertain the rightful owner or lien holder of the property pursuant to Florida Statutes 705.103. The City has a right to retain any or all property for its own use or for use by state or local government, trade such property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service. It is in the best interest of the City to sell the property and participate in the upcoming Multi City Police and Public Works Auction scheduled for October 29, 2013. At the auction the City will also sell vehicles that are no longer useful and considered a burden to the City. Proposed Action: Approval Attachment: (1) Resolution No. 08-7317 (2) Resolution No. 12-8349 (3) Public Notice on City Website that began 08/15/2013 and ended 10/04/2013 (4) Florida Statutes 705.103 LO • r Ia'9 griortda,a N'cl r ' Memorandum TO: Mayor Myra L. Taylor Vice-Mayor Joseph L. el I•y Commissioner Timothy o es Commissioner Dor i th J i son Commissioner Luis 1. Sa FROM: Kelvin L. Baker, Sr., City Manage , DATE: October 15, 2013 RE: Resolution: Declaring Certain Property Surplus and Authorizing Participation in the Multi City Police and Public Works Auction Request: A RESOLUTION OF THE CITY OF OPA-LOCKA, FLORIDA DECLARING CERTAIN CITY PROPERTY AS SURPLUS; PROVIDING FOR PARTICIPATION IN THE MULTI CITY POLICE AND PUBLIC WORKS AUCTION TO BE HELD ON OCTOBER 29, 2013. Description: The City of Opa-locka Police Department has identified several vehicles and equipment seized during arrests and illegal activities that are now in possession of the City. The Police Department has cleared has made all reasonable attempts to ascertain the rightful owner or lien holder of the property pursuant to Florida Statutes 705.103. The City has a right to retain any or all property for its own use or for use by state or local government, trade such property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service. It is in the best interest of the City to sell the property and participate in the upcoming Multi City Police and Public Works Auction scheduled for October 29, 2013. At the auction the City will also sell vehicles that are no longer useful and considered a burden to the City. Financial Impact: The auction company will collect all fees and issue a check to the City minus all advertising costs. The City will have no direct expenses. Implementation Timeline: Immediately upon approval. Legislative History: Resolutions 08-7317 and 12-8349 Recommendation(s): Staff recommends approval. Analysis: Armando Perera Auctions provides chanting in English and Spanish, simultaneously, at the auction and will provide the City with a detailed summary report of the sales. Armando Perera Auctions is also the official auctioneer of the City of Hialeah and will facilitate the Multi City Auction. Participating agencies in the Multi City Auction include: • City of Hialeah • Town of Medley • City of North Bay Village • City of Miami Springs • City of Sweetwater • City of West Miami • City of Doral • Miami Shores Village • City of South Miami • City of Hialeah Gardens • Village of Key Biscayne The auction will occur Tuesday, October 29, 2013 at 11:00 am. More information can be found on the auction website, www.armandoauctions.com. Attachments: (1)Resolution No. 08-7317 (2)Resolution No. 12-8349 (3)Public Notice on City Website that began 08/15/2013 and ended 10/04/2013 (4)Florida Statutes 705.103 PREPARED BY: Faye Douglas, Budget Administrator Sponsored by: City Attorney RESOLUTION NO.08- 7 31 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ESTABLISHING A POLICY FOR THE DISPOSAL OF CITY-OWNED SURPLUS PROPERTY WHEREAS, pursuant to Section 166.021(1), Florida Statutes, municipalities have the power and authority to acquire and dispose of real property or interest therein for a municipal purpose by means of an exchange of property, so long as such method of acquisition and disposal of municipal property is for a valid municipal purpose and not expressly prohibited by law;and WHEREAS,the City Commission of the City of Opa-locka(`City Commission")desires to establish a policy for the disposal of City-owned surplus property; and WHEREAS,the City of Opa-locka further desires to establish a policy wherein the City of Opa-locka can account for the sale,trade,donation and/or conveyance of real property and other property declared surplus; and WHEREAS, any property owned by the City which has become obsolete, or which has outlived its usefulness,or which has become inadequate for the public purposes for which it was intended,or which is no longer needed for public purposes, may be declared surplus property. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Resolution No. 08- 7 317 Section 2. The City Commission of the City of Opa-locka hereby declares that any property owned by the City which has become obsolete,or which has outlived its usefulness, or which has become inadequate for the public purposes for which it was intended, or which is no longer needed for public purposes, may be disposed of in accordance with procedures to be established by the City Manager, so long as the property has been declared surplus by a Resolution of the City Commission. Section 3. The City Commission desires to dispose of property in accordance with the following procedures: 1. The City Manager,after evaluation and good faith analysis, shall advise the City Commission in a written memorandum reasons why certain property should be declared surplus property. 2. Once the City Manager prepares a written Memorandum addressed to the Commission,a surplus resolution shall be prepared by the City Attorney and shall be placed on the next available City Commission Meeting Agenda. 3. Under no circumstances may the City Manager dispose of City-owned property in the absence of a formal Resolution of the City Commission deeming the subject property as surplus property. 4. The City Manager shall determine the most appropriate method to dispose of surplus items. Such methods may include,but shall not be limited to,the following: (a)Annual surplus equipment sale; (b) Sale; (c)Trade; (d)Donation. 5. The City Manager may require a surety bond for certain property,as the City Manager may deem appropriate. 6. The City Manager shall advertise in a newspaper of general circulation the disposal of all real property contemplated by sealed bid or auction to be awarded to the highest bidder. The City Manager may reject any and all bids as he/she deems appropriate. 7. Proceeds from the sale of the property shall go into the general fund of the City, unless the equipment was acquired by utilizing police forfeiture funds. Resolution No. 08- 7 317 PASSED AND ADOPTED this?33 day of JULY , 2008. OSEPH . LLEY MAYOR Attest: Approved as to orm and legal sufficiency: Deborah Irb •, , .dette Norris eeks City Clerk City Attorney Moved by: MILLER Seconded by: TYDUS Commission Vote: 3-0 Commissioner Tydus: YES Commissioner Holmes: NOT PRESENT Commissioner Miller: YES Vice-Mayor Johnson: NOT PRESENT Mayor Kelley: YES Sponsored by: City Manager Resolution No. 12-8349 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO DECLARE CERTAIN CITY PROPERTY AS SURPLUS, AND TO AUTHORIZE SAID PROPERTY FOR PUBLIC AUCTION AND TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH ARMANDO PERERA AUCTION TO PROVIDE FULL AUCTION SERVICES;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,certain City property(equipment),per the attached Exhibit"A",is no longer useful and is obsolete and a burden to the City and should be disposed;and WHEREAS,the City Commission of the City of Opa-locka,desires to declare the property a surplus and recommends a public auction of the property; and WHEREAS, a letter of interest was provided by three auction companies 1) Lauro Auctioneers,2)Stampler Auctions, and 3)Armando Perera Auctions;and WHEREAS, the City Manager recommends that Armando Perera Auctions be utilize to provide full auction services; and WHEREAS, Armando Perera Auctions will provide the City with a detailed summary report of sales,the City will have no direct expense,the auction company will collect all fees and issue a check to the City,minus advertising cost; and WHEREAS,the City Commission of the City of Opa-locka desires to authorize the City Manager to enter into contract with Armando Perera for full auction service,to auction the surplus property. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 12-8349 Section 2. The City Commission of the City of Opa-locka declares certain City property, as listed on the attached Exhibit"A", as surplus,and authorizes the property for public auction and directs the City Manager to enter into an agreement with Armando Perera Auction to provide full auction services. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of March,2012. (- (-1 f / . /, `�MYRA T YLOR MAYOR •ttest to: „ Ali a le,u_____, 14i oanna Flores Interim City Clerk Approved as to f and legal suffici- c • i 1 ) th I , Jos-•,' a el? Cit, •ttome. Moved by: VICE MAYOR JOHNSON' Seconded by: COMMISSIONER MILLER Commission Vote: 4-1 Commissioner Holmes: NO Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES • City of Opa-Locka,FL•Admin Home•CivicPlus http://opalockafl.gov/Admin/CivicAlerts.aspx c My Favorites Pages Modules 0 11 Nelson Help Statistics Content Permissions News Flash Back ShowAtchived ViewSite Help View Item AW Done Last modified by Nelson Rodriguez on 8/15/2013 8:43:38 PM Start Date: 08/15/2013 End Date: 10/04/2013 Title: Public Notice-Recovery of Stolen Property Brief Description: Public notice is hereby given that a wide variety of lawn equipment,power tools and other miscellaneous items have been recovered by the Opa-locka Police Department. Link Text: Read on... Complete Text: Public notice is hereby given that a wide variety of lawn equipment,power tools and other miscellaneous items have been recovered by the Opa-locka Police Department.If the owner does not come forth and lay claim within 45 days of this notice's publication,said items will be disposed of according to Florida Statute 705.103 which may include retention for use by the Opa-locka Police Department,donation to a charitable organization,sale of property,or trade with another unit of local government or state agency. tf an owner wishes to make a claim,please contact: Opa-locka Police Department Property and Evidence Bureau (305)681-1033 ext.257 Monday-Wednesday 9:00 am-4:00 pm Friday 9:00 am—4:00 pm Email:propertygtopalockapd.corn Proof of ownership must be provided. Image: • Image Alt Text: Image right Alignment: Alternate Link: Alt.Link Text: Additional Info... Show Archives: No This site is powered by CivicPlus Rev:4.0.30700 I For assistance,please visit our support site I Leam more about the CivicPlus Service 1 of2 10/16/2013 12:11 PM • • City of Opa-Locka,FL•Admin Home•CivicPlus http://opalockafl.gov/Admin/CivicAlerts.aspx My Favorites Pages Modules 0 11 Nelson Help 2 of 2 10/16/2013 12:11 PM Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 3 Select Year: 2013 [-Go 1 The 2013 Florida Statutes Title XL Chapter 705 View Entire Chapter REAL AND PERSONAL PROPERTY LOST OR ABANDONED PROPERTY 705.103 Procedure for abandoned or lost property.— (1) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature that it can be easily removed, the officer shall take such article into custody and shall make a reasonable attempt to ascertain the rightful owner or lienholder pursuant to the provisions of this section. (2) Whenever a law enforcement officer ascertains that an article of lost or abandoned property is present on public property and is of such nature that it cannot be easily removed, the officer shall cause a notice to be placed upon such article in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description) is unlawfully upon public property known as (setting forth brief description of location) and must be removed within 5 days; otherwise, it will be removed and disposed of pursuant to chapter 705, Florida Statutes. The owner will be liable for the costs of removal, storage, and publication of notice. Dated this: (setting forth the date of posting of notice) , signed: (setting forth name, title,address,and telephone number of law enforcement officer) . Such notice shall be not less than 8 inches by 10 inches and shall be sufficiently weatherproof to withstand normal exposure to the elements. In addition to posting, the law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner. If such is reasonably available to the officer, she or he shall mail a copy of such notice to the owner on or before the date of posting. If the property is a motor vehicle as defined in s. 320.01(1) or a vessel as defined in s. 327.02, the law enforcement agency shall contact the Department of Highway Safety and Motor Vehicles in order to determine the name and address of the owner and any person who has filed a lien on the vehicle or vessel as provided in s. 319.27(2) or (3) or s. 328.15(1). On receipt of this information, the law enforcement agency shall mail a copy of the notice by certified mail, return receipt requested, to the owner and to the lienholder, if any. If, at the end of 5 days after posting the notice and mailing such notice, if required, the owner or any person interested in the lost or abandoned article or articles described has not removed the article or articles from public property or shown reasonable cause for failure to do so, the following shall apply: (a) For abandoned property, the law enforcement agency may retain any or all of the property for its own use or for use by the state or unit of local government, trade such property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or notify the appropriate refuse removal service. http://www.leg.state.fl.us/Statutes/index.cfm?App mode—Display_Statute&Search Strin... 10/16/2013 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 3 (b) For lost property, the officer shall take custody and the agency shall retain custody of the property for 90 days. The agency shall publish notice of the intended disposition of the property, as provided in this section, during the first 45 days of this time period. 1. If the agency elects to retain the property for use by the unit of government, donate the property to a charitable organization, surrender such property to the finder, sell the property, or trade the property to another unit of local government or state agency, notice of such election shall be given by an advertisement published once a week for 2 consecutive weeks in a newspaper of general circulation in the county where the property was found if the value of the property is more than $100. If the value of the property is $100 or less, notice shall be given by posting a description of the property at the law enforcement agency where the property was turned in. The notice must be posted for not less than 2 consecutive weeks in a public place designated by the law enforcement agency. The notice must describe the property in a manner reasonably adequate to permit the rightful owner of the property to claim it. 2. If the agency elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale published once a week for 2 consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. The notice shall include a statement that the sale shall be subject to any and all liens. The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The advertisement must include a description of the goods and the time and place of the sale. The sale may take place no earlier than 10 days after the final publication. If there is no newspaper of general circulation in the county where the sale is to be held, the advertisement shall be posted at the door of the courthouse and at three other public places in the county at least 10 days prior to sale. Notice of the agency's intended disposition shall describe the property in a manner reasonably adequate to permit the rightful owner of the property to identify it. (3) If the property is sold at public sale pursuant to subparagraph (2)(b)2., the agency shall deduct from the proceeds the costs of transportation, storage, and publication of notice, and any balance of proceeds shall be deposited into an interest-bearing account not later than 30 days after the date of the sale and held there for 1 year. The agency shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within 1 year from the date of the above stated deposit by making application to the agency. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the State School Fund. (4) The owner of any abandoned or lost property who, after notice as provided in this section, does not remove such property within the specified period shall be liable to the law enforcement agency for all costs of removal, storage, and destruction of such property, less any salvage value obtained by disposal of the property. Upon final disposition of the property, the law enforcement officer shall notify the owner, if known, of the amount owed. In the case of an abandoned vessel or motor vehicle, any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of registration for such vessel or motor vehicle, or any other vessel or motor vehicle, until such costs have been paid. The law enforcement officer shall supply the Department of Highway Safety and Motor Vehicles with a list of persons whose vessel registration privileges or whose motor vehicle privileges have been revoked under this subsection. Neither the department nor any other person acting as agent thereof shall issue a certificate of registration to a person whose vessel or motor vehicle registration privileges have been revoked, as provided by this subsection, until such costs have been paid. http://www.leg.state.fl.us/Statutes/index.cfm?App mode=Display_Statute&Search Strin... 10/16/2013 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of 3 (5) Whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by the law enforcement officer in the discharge of her or his duties as provided in this section upon conviction is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (6) Any law enforcement officer or any person authorized by the law enforcement officer is immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real property while in the discharge of duties imposed by this section. (7) The rightful owner shall be liable for the law enforcement agency's costs for transportation and storage of lost or abandoned property and the agency's cost for publication of notice of disposition of lost property. If the rightful owner does not pay such costs within 30 days of making claim to the property, title to the property shall vest in the law enforcement agency. History.—s. 3, ch. 87-82; s. 1, ch. 90-307; s. 12, ch. 94-241; s. 471, ch. 94-356; s. 1, ch. 97-51; s. 791, ch. 97-102; s. 29, ch. 2000-197; s. 10, ch. 2006-309. Copyright © 1995-2013 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Di splay_Statute&Search_Strin... 10/16/2013