HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-043Temp. Reso. #12171
February 23, 2012
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RESOLUTION NO. =�
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AUTHORIZING THE MAYOR, VICE MAYOR,
CITY MANAGER OR ASSISTANT CITY MANAGER TO TAKE
ACTION, PURSUANT TO THE CITY OF TAMARAC CHARTER, AND
CONSISTENT WITH THE NEIGHBORHOOD STABILIZATION
PROGRAM ROUND 3 ("NSP3") GRANT AGREEMENT ENTERED
INTO BETWEEN THE CITY OF TAMARAC AND THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, INCLUDING THE EXECUTION OF PURCHASE
AND SALE AGREEMENTS FOR EITHER THE ACQUISITION OR
CONVEYANCE OF PROPERTY PURSUANT TO THE NSP3
GUIDELINES, AND TO AUTHORIZE THE MAYOR, VICE -MAYOR,
CITY MANAGER, OR ASSISTANT CITY MANAGER TO EXECUTE
OTHER DOCUMENTS NECESSARY TO PROCEED TO CLOSING
EITHER ON THE ACQUISITION OR CONVEYANCE OF QUALIFIED
PROPERTIES WITHIN THE NSP3 TARGET AREA IN A MANNER
CONSISTENT WITH THE RESPECTIVE PURCHASE AND SALE
AGREEMENTS; WAIVING THE PROCUREMENT PROCEDURES
PURSUANT TO SECTION 6-148 OF THE CITY OF TAMARAC CODE
OF ORDINANCES WITH RESPECT TO CONTRACTS FOR THE
REHABILITATION OF QUALIFIED PROPERTIES ACQUIRED WITH
NSP3 FUNDS; AUTHORIZING THE CITY MANAGER AND
ASSISTANT CITY MANAGER TO EXECUTE CONTRACTS WITH
QUALIFIED CONTRACTORS FOR THE REHABILITATION OF
PROPERTIES ACQUIRED WITH NSP3 FUNDS; AUTHORIZING THE
CITY MANAGER TO EXECUTE CHANGE ORDERS ASSOCIATED
WITH THOSE CONTRACTS WITH QUALIFIED CONTRACTORS
FOR THE REHABILITATION OF PROPERTIES ACQUIRED WITH
NSP3 FUNDS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac ("City") is an entitlement recipient of federal
funds from the United States Department of Housing and Urban Development ("HUD")
under the Community Development Block Grant Program ("CDBG"); and
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Temp. Reso. #12171
February 23, 2012
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WHEREAS, the City received funds through the Neighborhood Stabilization
Program Round 3 ("NSP3") to facilitate the purchase, rehabilitation, and subsequent
conveyance of foreclosed and abandoned properties that might otherwise become
sources of abandonment and blight within the community; and
WHEREAS, the City Commission finds that acquisition, rehabilitation, and
subsequent conveyance of property pursuant to the NSP3 guidelines serves both a
municipal and public purpose, and is consistent with the City's authority pursuant to
Section 166.021, Florida Statutes; and
WHEREAS, the City Commission, in order to expedite the acquisition,
rehabilitation, and conveyance of real property pursuant to the NSP3 guidelines hereby
authorizes the Mayor, Vice -Mayor, City Manager or Assistant City Manager to execute
Purchase and Sale Agreements between the City and owners of real property pursuant
to the NSP3 guidelines to provide for the City to acquire and convey property pursuant
to the NSP3 guidelines, and authorizes the Mayor, Vice -Mayor, City Manager, or
Assistant City Manager to execute any other documents that are necessary to proceed
to close on the respective property acquisitions and conveyances in a manner
consistent with the Purchase and Sale Agreements for the acquisition of property under
the NSP3 guidelines; and
WHEREAS, pursuant to Section 6-148 of the City of Tamarac Code of
Ordinances, the City Commission has the authority to waive procurement procedures
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February 23, 2012
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upon the recommendation of the City Manager that it is in the City's best interest to do
so; and
WHEREAS, the NSP3 requirements provide specific guidance for City
Administration to procure contracting services for the rehabilitation of the properties
acquired through the use of NSP3 funds; and
WHEREAS, the City Commission finds that upon the City Manager's
recommendation, that as the City is using NSP3 funds to pay for the rehabilitation of the
NSP3 properties, that it is in the City's best interest to waive the procurement
requirements contained in the City's Code of Ordinances with respect to the contracting
for rehabilitation work at the properties acquired with NSP3 funds; and
WHEREAS, the City Commission authorizes the City Manager, and in his
absence, the Assistant City Manager to execute contracts and change orders to those
contracts with qualified contractors to perform rehabilitation of the properties which the
City acquired through the use of NSP3 funds; and
WHEREAS, the City Commission finds that the City's participation in the NSP3 is
consistent with the City's Charter, Code of Ordinances, and is in the best interest of the
residents and citizens of the City of Tamarac; and
NOW, THEREFORE, BE IT RESOLVED 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 incorporated herein and made a
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February 23, 2012
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part hereof.
Section 2. The City Commission finds that the acquisition of real property
pursuant to the NSP3 guidelines serves a municipal and public purpose, and through
the adoption of this Resolution, the City may acquire, rehabilitate, and convey property
pursuant to the NSP3 guidelines without any further action by the City Commission.
Section 3. The City Commission of the City of Tamarac hereby authorizes the
Mayor, Vice -Mayor, City Manager, or Assistant City Manager to execute Purchase and
Sale Agreements between the City and owners of real property for the acquisition of real
property by the City pursuant to the NSP3 guidelines, subject to the review and approval
by the City Attorney. The City Commission further authorizes the Mayor, Vice -Mayor,
City Manager, or Assistant City Manager to execute any other documents that are
necessary to proceed to close on the respective property acquisitions in a manner
consistent with the Purchase and Sale Agreements.
Section 4. The City Commission of the City of Tamarac hereby authorizes the
Mayor, Vice -Mayor, City Manager, or Assistant City Manager to execute Purchase and
Sale Agreements between the City and qualified purchasers for the sale of property
owned by the City that was acquired through the use of NSP3 funds, pursuant to the
NSP3 requirements, and subject to the review and approval by the City Attorney. The
City Commission further authorizes the Mayor, Vice -Mayor, City Manager, or Assistant
City Manager to execute any other documents that are necessary to proceed to close on
the respective property conveyance in a manner consistent with the Purchase and Sale
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Temp. Reso. #12171
February 23, 2012
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Agreements.
Section 5. The City Commission of the City of Tamarac hereby finds that
pursuant to Section 6-148 of the City of Tamarac Code of Ordinances, that it is in the
best interest of the City to waive the procurement procedures with respect to contracts to
be entered into with qualified contractors for the rehabilitation of City owned property that
was acquired through the use of NSP3 funds. The City Commission further authorizes
the City Manager, or in his absence, the Assistant City Manager to execute contracts
with qualified contractors for the rehabilitation of property owned by the City which was
acquired with NSP3 funds.
Section 6. The City Commission further authorizes the City Manager, or in his
absence, the Assistant City Manager to execute change orders associated with
contracts which the City has entered into with qualified contractors for the rehabilitation
of property owned by the City which was acquired with NSP3 funds.
Section 7. The City Commission hereby authorizes and directs the
appropriate City Officials to do all things necessary and expedient to effectuate the
intent of this Resolution.
Section 8. All resolutions inconsistent or in conflict herewith shall be and are
hereby repealed insofar as there is conflict or inconsistency.
Section 9. If any section, sentence, clause, or phrase of this resolution is
held to be invalid or unconstitutional by any court of competent jurisdiction, then said
holding shall in no way affect the validity of the remaining portions of this resolution.
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February 23, 2012
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Section 10. This resolution shall become effective upon its passage and
adoption by the City Commission.
PASSED AND ADO TED BY THE 91,TY COMMISSION OF THE CITY OF TAMARAC,
FLORIDA THIS DAY OF , 2012.
ATTEST:
PETER RIC A DSON
-W
CITY CLER
I HEREBY CERTIFY that I
Have approved this
RESOLUTION as to form.
WIGOREN
TY ATTORNEY
CI OF TAMARAC, FLORIDA
't- "L,
PAMELA BUSHNELL, MAYOR
P. BUSHNELL
M. GOMEZ
M. SWENSON
D. GLASSER
H. DRESSLER
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