(a) Any sale of real property or any interest in real property, or the execution of any instrument dealing with or releasing an interest in real property, is sufficient to convey or release such interest when authorized by resolution passed by a majority of the city council and signed by the city manager, or his or her designee, and attested by the city secretary; except that, when such instrument is in effect for a term of not more than one year, is to a city public service franchise holder, and is made for the city’s benefit, then the head of the department concerned is authorized, by permission of the city manager, to execute the instrument conveying a temporary interest in real property. When any instrument states on its face that it is authorized by this section, it is deemed to have been properly authorized and sufficient to convey or release the interest sought to be conveyed or released.
(b) Notwithstanding Subsection (a), the head of the department concerned, or his or her designee, is authorized, by permission of the city manager, to execute full or partial releases of:
(1) the following notes and liens, upon receipt of any required payment to the city:
(A) a notice of intention to assess for paving;
(B) a mechanic’s and materialman’s lien contract for paving or for water or sewer special assessments;
(C) a street paving certificate;
(D) a demolition lien;
(E) a closure lien;
(F) a lien imposed for civil penalties assessed by the municipal court or the former urban rehabilitation standards board against a structure found to be an urban nuisance;
(G) an abstract of judgment for civil penalties, court costs, and attorney’s fees assessed on property by a court of competent jurisdiction;
(H) a weed cutting lien; and
(I) a promissory note secured by any of the liens described in this subsection; and
(2) a lien on property that, upon investigation, is determined to have been placed in error by the department concerned.
(c) Each release executed under Subsection (b) must refer to this section by number, and this section will be the authority for the release. The release may, but is not required to, be attested by the city secretary. The head of the department concerned shall provide the executed and acknowledged release to the property owner. Unless otherwise required by law or contract, the property owner is responsible for recording the release at his or her own expense, except that the head of the department concerned shall promptly file in the official real property records of the county in which the property is located an executed release of any lien placed in error by the department concerned.
(d) All instruments concerning the conveyance or release of an interest in real property heretofore executed pursuant to a resolution of the city council are in all respects ratified and confirmed as the action of the city council the same as though separately authorized by ordinance. (Ord. Nos. 10893; 11424; 16024; 26517)