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
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($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.
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(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.
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(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.
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(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