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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2009-002Temp. Ord. #2172, March 4, 2009 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2009- 002. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA; AMENDING CHAPTER 6 OF THE CITY OF TAMARAC CODE OF ORDINANCES, ENTITLED "FINANCE AND TAXATION"; BY SPECIFICALLY AMENDING SECTION 6-37 ENTITLED "REQUESTS FOR INFORMATION CONCERNING OUTSTANDING CITY LIENS"; PROVIDING FOR AN INCREASED SERVICE CHARGE FROM $35.00 TO $50.00 FOR PROCESSING REQUESTS FOR INFORMATION PERTAINING TO OUTSTANDING CITY LIENS; PROVIDING FOR A $25.00 SERVICE CHARGE FOR FOLLOW-UP LIEN SEARCHES CONDUCTED WITHIN THREE (3) MONTHS OF AN INITIAL SEARCH; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 6-37 of the City of Tamarac Code of Ordinances authorizes the City to charge a fee of $35.00 to individuals requesting an account of the amounts of outstanding city liens; and WHEREAS, this service charge was imposed by the City Commission pursuant to Ordinance No. 97-12, adopted on September 24, 1997; and WHEREAS, the City has not raised the fees for lien searches since the adoption of Ordinance No. 97-12, while the City has incurred increasing costs over the years for processing such requests; and WHEREAS, a fee increase is recommended to sufficiently cover the administrative costs involved with processing such lien searches;. and CODING: Words in StFlkthFeUJ type are deletions from the existing law; Words in underscore type are additions Page 1 of 4 Temp. Ord. #2172 March 4, 2009 Page 2 WHEREAS, the City Manager and the Interim Financial Services Director recommend increasing this fee from $35.00 to $50.00 per lien search request; and WHEREAS, in addition to the increased costs associated with processing lien searches, the City, as a result of the real estate climate and economic conditions, has received an increase in the number of repeat requests for searches on a property within three (3) months of an initial request for encumbrances on the same property; and WHEREAS, in an effort to ensure that the City has a reasonable method of processing such follow-up requests while ensuring that its administrative costs are covered, the City Commission seeks to impose a $25.00 service charge on all requests made on a property within three (3) months of a similar request made on the same property; and WHEREAS, the recent property tax reform initiated by the Florida Legislature has resulted in an increased need for municipalities to take advantage of all available resources and options to help fund revenues, and WHEREAS, the City Commission of the City of Tamarac deems it to be in the best interest of the citizens and residents of the City to increase this fee for lien search requests. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this CODING: Words in StFiL�T ke thFeu type are deletions from the existing law; Words in underscore type are additions Page 2 of 4 Temp. Ord. #2172 March 4, 2009 Page 3 Ordinance upon adoption hereof. SECTION 2: Section 6-37 of the City of Tamarac Code of Ordinances, entitled, "Requests for information concerning outstanding City liens" is hereby amended as follows: Section 6-37. Requests for information concerning outstanding city liens. Whenever the city receives a request for an accounting of the amounts of any outstanding city liens, a minimum service fee of hiFty five dellaFs (-00).._fifty._d_all.a_rs _and 0911 ,0.0 (,$ 0 00.) per request shall be charged to the person making the request. Additional charges at the rate of fib dollars and per hour shall be charged if the request requires more than one (1) hour of clerical trh . There shall forth _r..._be..._assessed a twenty-five...._d_oIla_r..._a_ d...._D0/1_n0......( Z�`'-.M service.fee for all follow-up lien -se -arches requested -by an t?erson or entity for a particular _pro ert within three 3 months of an initial request by that same person or entity for the same propel SECTION 3: It is the intention of the City Commission of the City of Tamarac that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, re -lettered and the word "Ordinance" may be changed to "Section," "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions CODING: Words in stFike through type are deletions from the existing law; Words in underscore type are additions Page 3 of 4 Temp. Ord. #2172 March 4, 2009 Page 4 or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this ordinance are to be severable. SECTION 6: This Ordinance shall become effective immediately upon adoption. PASSED, FIRST READING this DAY OF`'�-'� , 2009. PASSED, SECOND READING this DAY OF , 2009. ATTEST: f�?J MARION S ENSO , CMC �J CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form. SAMUEL S. GOREN CITY ATTORNEY BY: MAYOR BETH FLANS AUM-TALABISCO RECORD OF COMMISSION VOTE: 1st Read! MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. BUSHNELL DIST 2: V/M ATKINS-GRAD DIST 3: COMM. GLASSER DIST 4: COMM. DRESSLER /7 RECORD OF COMMISSION VOTE: 2nd Reading MAYOR FLANSBAUM-TALABISCO l�J DIST 1: COMM. BUSHNELL DIST 2: V/M ATKINS-GRAD DIST 3: COMM. GLASSER�� DIST 4: COMM. DRESSLER✓��' CODING: Words in n+F"ethFOU type are deletions from the existing law; Words in underscore type are additions Page 4 of 4 1 1 Ll I