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
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f Y° • TAYLOR
MAYOR
Atte t to:
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Joa a Flores
City Clerk
Approved as to form and legal sufficiency:
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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