136072012076655 Received: 11/21/2012 11:23:17 AF:'
Recorded: 1112. 1/2012 11 :27:26 AM Filed &
Recorded in Official Records of Larry Crane,
PULASKI COUNTY CIRCUIT /COUNTY CLERK
Fees $20.00
1 RESOLUTION NO. 13,607
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3 A RESOLUTION TO CERTIFY VARIOUS PROPERTIES, LIENS, AND
4 PENALTIES, TO THE PULASKI COUNTY COLLECTOR TO BE
5 PLACED UPON THE APPROPRIATE TAX BOOKS AS DELINQUENT
6 TAXES TO BE COLLECTED; AND FOR OTHER PURPOSES.
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8 WHEREAS, pursuant to Act 100 of 1943, as amended, cities of the first class are empowered to
9 direct that owners of property within the municipality "cut weeds; remove garbage, rubbish and other
10 unsightly or unsanitary things upon the property; and to eliminate, fill up or remove stagnant pools of
11 water or any other unsanitary thing, place or condition which might become a breeding ground for
12 mosquitoes, flies, and germs harmful to the health of the community ", and
13 WHEREAS, pursuant to Act 100 of 1943, as amended, Act 339 of 1979, Act 80 of 1983, and Act
14 1538 of 2001, cities of the first class are empowered to order the removal, repair, or return to compliance
15 a structure that fails to meet minimum building code standards, or raze a building or house that fails to
16 meet such standards, or to repair such a structure, and
17 WHEREAS, if a city of the first class fulfills the obligations of the property owners as set forth
18 above, the city is entitled to a lien against the real property for the cost of such action, and to enforce that
19 lien as required, and
20 WHEREAS, for the enforcement of the lien a city is empowered by State Law to charge for the cost
21 of the work done, reimbursement for costs to pursue the lien including title search fees, and reasonable
22 attorneys' fees, and
23 WHEREAS, it is not always feasible to pursue foreclosure on a lien for a variety of reasons not the
24 least of which is that any such municipal lien will be inferior to any lien recorded prior to the municipal
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lien, and
WHEREAS, an alternative method to collect the sums expended by a municipality is to certify the
amounts to the county tax collector to be placed on the tax books as delinquent taxes and collected, and
this procedure has been upheld by the Arkansas Supreme Court in Tucker v. Holt, 343 Ark. 216, 33
S.W.3d 110 (2000), and
WHEREAS, pursuant to this alternate statutory procedure set forth in Ark. Code Ann. §§ 14 -54 -903;
-904 (West Supp. 2012), as amended, notice by mail, with a return receipt, was sent to the name and
address of known owners, stating the amount of the liens, and the fact that a public hearing would be held
on November 20, 2012, at 6:00 PM, to hear any disputes as to the amount of the lien, and
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I WHEREAS, no property owners appeared to dispute the amounts of the liens, and
2 WHEREAS, because of the necessity to go through this statutory collection process the City is
3 entitled to a 10% penalty for the collection efforts, 3% of which will be retained by the Pulaski County
4 Collector when the monies are collected, and before they are returned to the City,
5 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
6 OF LITTLE ROCK, ARKANSAS:
7 Section 1. The Board of Directors certifies to the Pulaski County Collector that the properties and
8 amounts, plus 10% for collection, listed in Exhibit A to this resolution; these properties and amounts are
9 to be placed on the County tax books as delinquent taxes, and collected accordingly, pursuant to the
10 process used by the Pulaski County Collector, in accordance with Ark. Code Ann. §§ 14 -54 -903; -904
11 (West Supp. 2012), as amended.
12 Section 2. The City Manager is authorized to modify the format of Exhibit A to any format
13 requested by the Pulaski County Collector to facilitate this certification and collection process.
14 Section 3. Attached as Exhibit B to this original resolution only (and to be maintained in the City
15 Clerk's Office), are copies of the return receipts that were received from the mailing required by Ark.
16 Code Ann. § 14 -54 -904 (West 2004), as amended.
17 Section 4. Attached as Exhibit C to this resolution is a format of the letter that was sent to the
18 property owners listed on Exhibit A to notify them of the November 22, 2005, hearing to challenge the
19 amounts of any liens being collected pursuant to this statutory method.
20 Section 5. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase,
21 or word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or
22 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and
23 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the
24 resolution.
25 Section 6. Repealer. All laws and parts of laws inconsistent with the provisions of this resolution
26 are hereby repealed to the extent of such inconsistency.
27 PASSED: November 20, 2012
28 ATTEST: APPROVED:
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31 us , City Clerk Mark Stodola, Mayor
32 AIPROKMS TO LEGAL FORM:
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34 35 Thomas M. Carpenter, City A one
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