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HomeMy Public PortalAbout13-8724 Method of Dealing Reduction of Municipal Liens Sponsored by: City Manager RESOLUTION NO. 13-8724 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CREATING AND APPROVING A METHOD OF DEALING REDUCTION OF MUNICIPAL LIENS, AUTHORIZING GUIDELINES FOR HOW THESE LIENS MAY BE SETTLED, DIRECTING THAT EXCEPTIONS TO THESE GUIDELINES MAY ONLY BE GRANTED BY THE CITY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka places municipal liens on Real Property within the City as part of the Code Enforcement process, and other processes of the City; and WHEREAS, there is legal uncertainty as to the legal effect on different types of liens as a result of the Foreclosure process; and WHEREAS, the City desires to improve its mechanism for collecting on outstanding liens; and WHEREAS, the City currently has no written guidelines as to what extent liens may be negotiated both during the Foreclosure process and in general; and WHEREAS, the City Commission is desirous of setting forth guidelines on the negotiation of liens, while reserving to the Commission the ultimate authority on lien negotiation; and WHEREAS, it is recommended that the City Manager have the authority to negotiate City liens, with no reductions for Water or Sewer liens, or for actual out of pocket expenditures of the City, but permitting reductions down to 10% for liens that are in the nature of fines or penalties. Resolution No. 13-8724 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 Manager shall have the authority to negotiate City liens on Real Property located within the City with reductions down to 10% on liens that are in the nature of fines or penalties, but shall have no authority to reduce liens that are Water or Sewer liens, or are the result of actual out of pocket expenditures of the City. Section 3. Only the City Commission can approve any reduction of City liens on Real Property located within the City if the reduction shall exceed the above amount or if the reduction is on liens that are for Water or Sewer liens, or are the result of actual out of pocket expenditures on the part of the City. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of )ecembe A .. ./ / 4 f Y° • TAYLOR MAYOR Atte t to: -tt.9Ar--.. Joa a Flores City Clerk Approved as to form and legal sufficiency: I I , LI 1 , )' A 0 0 , Jo 1,''S. eller EN POON MARDER PA ty Attorney Resolution No. 13-8724 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