Sec. 112.110. - Collection and Settlement of Delinquent Bills, Claims, Judgments and Liens.

The General Counsel may take any action necessary on the referred delinquent bills, claims and judgments rendered in a court in favor of the City or an independent agency utilizing the services of an outside counsel engaged under Section 108.506 , as well as employees of the Office of the General Counsel. The funds received as a result of the collection of a delinquent bill, claim or a judgment shall be paid over (a) in the case of the City, into the Treasury, to credit the Delinquent Accounts Receivable Account to reduce the amount of the bill upon which the judgment is based, with any excess credited as miscellaneous receipts; a deficit shall be treated as an administrative write-off under Section 122.111 or (b) in the case of an independent agency, to its treasury as directed by its chief financial officer, in either case without a set-off or reduction of the total amount collected on account of attorney's fees or costs of any nature whatsoever, except as provided in Section 110.217. A delinquent bill, claim, judgment or compromise settlement may be collected in one payment or levy or by multiple payments or levies. A disputed bill, claim or judgment in favor of the City, of which the debtor is not able to pay the full amount and the City is not able to enforce full payment, may be settled for less than the full amount under the following conditions: (a) If the principal and interest amounts of the disputed claim, bill, judgment or lien is less than $1,000, and the Revenue Manager deems in writing that it is in the best interest of the City to compromise and settle the disputed bill, or judgment in a determined amount, the disputed bill or judgment may be settled in such amount. (b) If the principal and interest amounts of the disputed claim, bill, judgment or lien is $1,000 or greater, but less than $5,000, and the Director of Finance and Administration deems in writing that it is in the best interest of the City to compromise and settle the disputed bill, judgment or lien in a determined amount, the disputed bill, judgment or lien may be settled in such amount. (c) If the principal and interest amounts of the disputed claim, bill, judgment or lien is $5,000 or greater, but less than $10,000, and the General Counsel, deems in writing that it is in the best interest of the City to settle the delinquent bill, judgment or lien for a determined amount and with the written approval of the Director of Finance and Administration, the delinquent claim, bill, judgment or lien may be settled for such amount. (d) If the principal and interest amounts of the disputed claim, bill, judgment or lien is $10,000 or greater but less than $100,000, the Mayor shall have authority to settle the delinquent bill, judgment or lien upon written recommendation from the General Counsel for a determined amount, and approval of the Director of Finance and Administration. (e) If the principal amount of the disputed claim, bill, judgment or lien is $100,000 or more, or if settlement of the disputed claim, bill, judgment or lien involves modifying, deciding not to enforce, or rescinding an agreement approved by Council, then the settlement of such disputed claim, bill judgment or lien shall require approval by ordinance or resolution of the Council. (f) As part of every settlement of a dispute entered into by the City, the person executing settlement documents on behalf of the City shall certify, on at least one settlement document, the following: "The undersigned representative of the City of Jacksonville is authorized pursuant to Chapter 112 , Part 1, City of Jacksonville Ordinance Code, to settle on terms described in this document." (g) The Director of Finance and Administration shall prepare an annual report of all settled claims, a copy of which shall be provided to the Council Auditor, and provided annually to the City Council Finance Committee at the first City Council Finance committee meeting of the calendar year, and delivered in the manner prescribed in Council Rule 2.214. (Ord. 90-709-572, § 2; Ord. 2004-990-E, § 2; Ord. 2016-140-E , § 16; Ord. 2016-766-E , § 2) Editor's note— Former § 112.110, which pertained to collection of delinquent bills and judgments, was repealed by § 1 of Ord. 90-709-572 and § 2 of said ordinance enacted a new § 112.110 to read as herein set out. The provisions of former § 112.110 derived from § 3 of Ord. 81-903-481 and § 1 of Ord. 83-591-400. Editor's note— Ordinance 2007-839-E, § 18, authorized updated department/division names pursuant to reorganization.