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HomeMy WebLinkAboutCity of Tamarac Resolution R-1975-073This Resolution Introduced By: Temporary No. CITY OF TAMARAC, FLORIDA RESOLUTION NO. /;7LJ- A RESOLUTION DEFINING INSOLVENCY AND PROVIDING FOR COLLECTION OF COSTS OF SERVICES WHEREIN THE CITY OF TAMARAC PROVIDES THE SERVICES OF A PUBLIC DEFENDER; PROVIDING AN EFFECTIVE DATE. WHEREAS, in furtherance of the goal providing justice for all, the City Council of the City of Tamarac Florida, deems it advisable to establish guidelines for the determination of insolvency in the representation of indigents, and further to provide for the collection of costs of services rendered by a public defender. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: Determination of Insolvency. (a) The determination of insolvency of any accused person shall be made by the Court and may be so made at any stage of the proceedings. The Public Defender shall be allowed the process of the Court to summon witnesses to testify before the Court concerning the financial status and ability of any accused person, as same relates to the accused person's capacity to employ counsel for his own defense. (b) In the proceedings for the determination of insolvency there shall be a rebuttable presumption of solvency, and the accused person shall have the burden of rebutting such presumption by competent proof. (c) The following facts shall be prima facie of solvency: (1) In the event the accused person has no dependents and his gross income exceeds Seventy -Five Dollars V7I ($75.00) per week, said accused person shall be consider- ed as solvent. Provided, however, that this income limit shall be increased by the sum of Ten Dollars ($10.00), per week, for each of the first two (2) dependents of said accused person and by Five Dollars ($5.00) per week, for each dependent beyond the first two (2), or (2) In the event the accused person owns cash in excess of Three Hundred Dollars ($300.00), said accused person shall be considered solvent. (d) Notwithstanding the above, the Court shall also consider the following additional circumstances in determining solvency: (1) The probable expense and burden of defend- ing the cause; (2) The ownership of, or equity in, any intan- gible or tangible personal property or real property or the expectancy of an interest in any such property by the accused person; and (3) The amount of debts owed by the accused person or debts that might be incurred by the accused person because of illness or other misfortune within his immediate family, consisting of his spouse, children and/or parents. (e) When the Public Defender is appointed to represent a minor child in any proceeding in Court or in a criminal proceeding in any other Court, the parents of the minor child shall be liable for the costs of such representation in an amount not to exceed Seven Hundred and Fifty Dollars ($750.00). The Court shall determine the amount of the obligation, and in determining the amount of the obligation, the Court shall follow the procedure outlined by this section. -2- SIT 1..21_ 1 (f) If the trial Court shall determine and adjudge, within one (1) year after the determination of insolvency, that any accused was erroneously or im- properly determined to be insolvent, the City Attorney, in the name of the City, shall proceed against such accused for the reasonable value of the services rendered to the accused, including but not limited to all costs paid by the City on behalf of said accused person. Any amount recovered shall be deposited in the general revenue fund of the City of Tamarac, Florida. SECTION 2: Collection of Costs of Services. (a) There is hereby created a lien enforceable as hereinafter provided upon all of the property, both real and personal,of any person who is receiving or has received any assistance from any Public Defender of the City of Tamarac. Such assistance and lien shall constitute a claim against the applicant for the services of the Public Defender and his estate, which claim and/or lien shall be enforceable according to law in an amount to be determined by the Municipal Court in which such assistance was render- ed. Immediately after such assistance is rendered and upon determination of the value thereof by the Court, a statement of claim showing the name and residence of the recipient shall be filed of record in the office of the County Comptroller in the County where the recipient resides and in each County in which such recipient then owns or shall thereafter acquire any property, whether real or personal. Said lien shall be enforced by the City to reimburse the City to defray the costs of the Public Defender. The liens herein created shall be a continuing obligation irrespective of any Statute of Limitations. -3- 113 fl 1 1 (1) In lieu of the procedure as set forth immediately above, the Municipal Court is authorized to require that the recipient of any services of the Public Defender execute a lien upon his real or personal property, owned at the time of the rendering of services or there- after acquired, as security for the debt created hereunder for the value of the services rendered or to be rendered by the Public Defender. Such liens shall be recorded by the Public Defender in the public records of Sroward County, Florida, with the County Comptroller and shall also be recorded in each County in which such recipient then owns or later acquires any property, whether real or personal, and such liens shall be enforceable in the same manner as mortgages and other encumbrances on real or personal property. (2) The City Council of the City of Tamarac is authorized to enforce, reduce to judgment, satisfy, compromise, settle, subordinate, release or otherwise dispose of any debt or lien hereby imposed. (3) The Public Defender, upon authorization from the City Council of the City of Tamarac, is hereby permitted to contract with a collection agency for the collection of such debts or liens provided for hereunder; provided, however, that the fee for such collection shall be on a contingent basis not to exceed fifty (50) percent of the recovery; provided, further, however, no fee shall be paid to any collection agency by reason of foreclosure proceedings against real property or from the proceeds from the sale of or other disposition of such real property. (4) No lien created hereunder shall be fore - closed on the homestead of the recipient of the services of the Public Defender. grim 1 1 (b) The Municipal Court may, at such stage of the proceedings as the Court may deem appropriate, deter- mine the value of the services of the Public Defender at which time the accused, after adequate notice thereof, shall have an opportunity to be heard and offer objection and be represented by counsel with due opportunity to exercise and be accorded the procedures and rights pro- vided in the laws and the Court rules pertaining to civil cases at law. SECTION 3: This resolution shall take effect imiNdiately upon its passage. PASSED, ADOPTED AND APPROVED this _day of ATTEST: CITY CLEAK , 1975. REC0 111) CV CDUtiell VOTE AAYOR p JOHNSQN V r M E. jLA NGE'- C MA,S AR0 C / i� TUCOR .�....- C M . M. GLICKSMAN 1 I&M This Resolution was introduced by G� 1--� • C'� -t4 � 5�f� o -! 1 3 / Temp.# 352 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 7 A RESOLUTION APPROVING THE PLAT OF UNITED FEDERAL SAVINGS & LOAN ASSOCIATION. WHEREAS, a plat has been submitted for approval by the City of Tamarac, and WHEREAS, the Planning Commission of the City of Tamarac has reviewed said plat and has made recommendation for approval and adoption and execution of said plat by the City of Tamarac, and WHEREAS, the City Engineer and City Planner have reviewed said plat and have made recommendation for approval and acceptance of said plat by the City of Tamarac, and WHEREAS, the City of Tamarac is now desirous of approving said plat. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That upon the recommendation of the Planning Commission and the City Engineer and City Planner, the plat submitted for approval, the same being: UNITED FEDERAL SAVINGS & LOAN ASSOCIATION be and the same is hereby approved. SECTION 2: The City Clerk and Mayor are hereby authorized and instructed to execute said plat. PASSED , ADOPTED AND APPROVED th ATTEST: CITY CLE K I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. CI AT NEY i RECORD OF COUNCIL VOTE MAYOR - D. JOHNSON I A,�,� V / M - E. LANGE I R. C / W - H. MASSARO I AlpI C / M - 0. TUCKER C / M - M. GLICKSMAN I