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HomeMy WebLinkAboutCity of Tamarac Resolution R-2012-056Temp Reso #12187 April 25, 2012 Page 1 CITY OF TAMARAC FLORIDA RESOLUTION NO. R2012- 6 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, APPROVING AND AUTHORIZING THE EXECUTION OF THE TRI-PARTY INTERLOCAL AGREEMENT BETWEEN THE CITY OF TAMARAC (THE "CITY"), THE WOODLANDS COMMUNITY NEIGHBORHOOD IMPROVEMENT DISTRICT (THE "DISTRICT"), AND THE BROWARD COUNTY SUPERVISOR OF ELECTIONS ("SOE"), ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN, SUBJECT TO FURTHER NEGOTIATION AND AGREEMENT WITH THE SOE; SUPPORTING AND ENDORSING THE MAIL BALLOT REFERENDUM ELECTION CALLED BY THE DISTRICT'S BOARD OF COMMISSIONERS PURSUANT TO ORDINANCE NO. 2010-014, THE FLORIDA ELECTION CODE, AND CH. 163, F.S., FOR THE PURPOSE OF IMPOSING AN AD VALOREM TAX OF UP TO 2 MILLS ANNUALLY; DIRECTING THE APPROPRIATE MEMBERS OF CITY STAFF TO TAKE ANY AND ALL ACTION NECESSARY TO EFFECTUATE THE INTENT OF THIS RESOLUTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on July 14, 2010, the City Commission of the City of Tamarac adopted Ordinance No. 2010-14 (the "Ordinance"), thereby establishing the Woodlands Community Neighborhood Improvement District pursuant to Ch. 163, F.S.; and WHEREAS, Section 2(3) of the Ordinance expressly provides that "The District shall be authorized to levy an ad valorem tax on real and personal property of up to 2 mills annually, subject to approval by the majority of property owners within the District voting in a referendum election; and WHEREAS, the District's Board of Commissioners (the "Board") has called for a mail ballot referendum election pursuant to Section 2(3) of the Ordinance; and WHEREAS, the City has contacted the Broward County Supervisor of Elections (the "SOE") on the District's behalf and negotiated a tri-party Interlocal Agreement Temp Reso #12187 April 25, 2012 Page 2 between the City, the District and the SOE for conducting the mail ballot referendum election, a copy of the Interlocal Agreement is attached hereto as Exhibit "A" and incorporated herein, and WHEREAS, on March 15, 2012, the District's Board approved the Interlocal Agreement between the District, the City and the SOE, subject to further negotiations and agreement between the City and the SOE; and WHEREAS, the City Commission finds that the execution of the Interlocal Agreement between the City, the District and the SOE, and supporting the District's mail ballot referendum election is in the best interests of the citizens and residents of the District. NOW, THEREFORE, be it resolved by the City Commission of the City of Tamarac, Florida: Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. Section 2. The City Commission of the City of Tamarac, Florida, hereby approves and authorizes the execution of the Interlocal Agreement between the City, the District and the SOE, attached hereto as Exhibit "A" and incorporated herein, for the purposes of conducting a mail ballot referendum election for the District to impose an ad valorem tax of up to two (2) mills annually, subject to further negotiations and agreement with the SOE. Section 3. The City Commission of the City of Tamarac hereby endorses and Temp Reso #12187 April 25, 2012 Page 3 supports the mail ballot referendum election called by the District's Board pursuant to Ordinance No. 2010-014, the Florida Election Code, and Ch. 163, F.S., for the purposes of conducting a mail ballot referendum election for the District to impose an ad valorem tax of up to two (2) mills annually. Section 4. The appropriate members of the City administration are hereby authorized and directed to take any and all action necessary to effectuate the intent of this resolution. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. Section 7. This Resolution shall become effective immediately upon its passage and adoption. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. Temp Reso #12187 April 25, 2012 Page 4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, THIS DAY OF APRIL, 2012. ATTEST: CITY CLERK RECORD OF COMMISSION VOTE: MAYOR TALABISCO �✓ DIST 1: COMM. BUSHNELL DIST 2: COMM GOMEZ �---� DIST 3: V/M GLASSER Z �— DIST 4: COMM. DRESSLER_ I HEREBY CERTIFY THAT I HAVE APPROVED THIS RESOLUTION AS TO FORM. SAMUEL S. GOREN, CITY ATTORNEY INTERLOCAL AGREEMENT HIS TRI-PARTY INTERLOCAL AGREEMENT, made and entered into the -S day of , 2012 by and between: DR. BRENDA SNIPES, SUPERVISOR OF ELECTIONS OF BROWARD COUNTY (hereinafter referred to as the "Supervisor") •ZID CITY OF TAMARAC A municipal corporation of the State of Florida having the address, 7525 N.W. 881h Avenue, Tamarac, Florida 33331 (hereinafter referred to as "City") 0 WOODLANDS COMMUNITY NEIGHBORHOOD IMPROVEMENT DISTRICT A dependent special district established pursuant to Ch. 163, F.S. (hereinafter referred to as the "District") WITNESSETH: WHEREAS, DR. BRENDA C. SNIPES, is the Supervisor of Elections of Broward County, Florida, pursuant to the provisions of Article VIII Section 1(d) of the Florida Constitution and serves in that capacity as a Constitutional Officer and under the State of Florida Election Code; and WHEREAS, the Supervisor has specific duties, functions, and responsibilities described in the State of Florida Election Code contained in Chapters 97 through 106 of the Florida Statutes, as amended from time to time; and WHEREAS, on July 14, 2010, the City Commission of the City of Tamarac adopted Ordinance No. 2010-014 (the "Ordinance"), thereby establishing the Woodlands Community Neighborhood Improvement District pursuant to Ch. 163, F.S.; and 1— WHEREAS, Section 2(3) of the Ordinance expressly provides, as follows. - The District shall be authorized to levy an ad valorem tax on real and personal property of up to 2 mills annually, subject to approval by the majority of property owners within the District voting in a referendum election. WHEREAS, the Ordinance further recognizes the powers of neighborhood improvement districts, in general, pursuant to Section 163.514, F.S., including the power to collect special assessments, subject to referendum approval; and WHEREAS, the District seeks to conduct a mail ballot referendum election pursuant to Section 2(3) of the Ordinance for the purposes of imposing an ad valorem tax on real and personal property of up to two (2) mills annually; and WHEREAS, the City provides administrative support to District; WHEREAS, the District has requested that the City and the Supervisor assist the District in conducting the mail ballot referendum election; and WHEREAS, the Supervisor possesses the requisite legal authority, expertise, personnel, and equipment to assist the District and the City in conducting a mail ballot referendum election. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the sufficiency of which is hereby acknowledged by the parties, the parties hereto agree as follows: ARTICLE 1.0 Recitals 1.1 The above recitals are true and correct and are incorporated herein as if set forth in full hereunder. ARTICLE 2.0 Duties of Supervisor 2.1 The Supervisor shall conduct a mail ballot referendum election of property owners within the District on behalf of the District. 2.2 The Supervisor shall coordinate the preparation and tabulation of the ballots. The language of the referendum question shall be as follows: PAN SHOULD THE WOODLANDS NEIGHBORHOOD IMPROVEMENT DISTRICT BE ABLE TO LEVY AN AD VALOREM TAX Do you favor the imposition of an ad valorem tax of not more than 2 mills (not more than $2.00 for every $1000.00 of assessed property value) for each individual parcel of land per year to pay for the expenses of operating the neighborhood improvement district? ( ) Yes, for the ad valorem tax. ( ) No, against the ad valorem tax. 2.3 The Supervisor shall promptly provide the City and the District with copies of all invoices for ballot printing, postage, and any other costs associated with the mail ballot referendum election. 2.4 The Supervisor shall tabulate the final vote upon receipt of all mail ballots and shall provide the City and the District with a certified final vote count. ARTICLE 3.0 Duties of the City and the District 3.1 The City and the District shall properly advertise the election, produce labels for all property owners within the District, label envelopes, insert ballots and mail. Upon receipt of a voted ballot, the City shall deliver the unopened ballots to the Supervisor for tabulation. The list provided by the City and the District shall be the final list of all individuals who shall receive mail ballots in the referendum election. 3.2 The City shall receive all returned mail ballots at City Hall no later than 3:00 p.m. on May 23, 2012, and shall promptly transmit all returned ballots to the Supervisor. Ballots shall be delivered to the attention of the Public Services Director at the address set forth in Section 5.1.3 of this Agreement. Any ballot delivered to the Supervisor after noon on May 24, 2012 will not be tabulated. 3.3 The City and the District shall be responsible for all costs associated with the mail ballot referendum election contemplated pursuant to this agreement. The District shall promptly remit payment for any invoices received from the Supervisor for costs and expenses associated with the mail ballot referendum election. 3— ARTICLE 4.0 Indemnification 4.1 To the extent permitted by law, the City shall indemnify, hold harmless and defend the Supervisor from and against any and all claims, causes of action, which may arise out of conducting the mail ballot referendum election by the Supervisor or the performance of any of the obligations imposed upon the Supervisor by this Agreement. This indemnification and hold harmless provision shall be liberally construed in favor of the Supervisor and shall apply nonetheless to the extent permitted by law. This indemnification shall permit the Supervisor the right to retain legal counsel of her choosing in any matter or proceeding to which or for which this indemnification arises. Nothing contained herein is intended nor shall be construed to waive the City's rights and immunities under the common law or Florida Statutes Section 768.28, as amended from time to time. ARTICLE 5 Notices 5.1 All notices, consents, approvals, waivers, and elections which any party shall require or shall desire to make or give under this Agreement shall be in writing and shall be sufficiently delivered: 5.1.1 when mailed by certified mail, postage prepaid, return receipt requested; 5.1.2 by hand delivery to the named individuals representing the parry to be notified; or 5.1.3 by private parcel delivery services, or facsimile transmission for which a receipt is provided to the notifying party. Notices, including notice of a change of address or number, shall be addressed or transmitted to the addresses and telephone numbers set forth below, that a party may be designated in the manner prescribed herein: As to the Supervisor: Dr. Brenda C. Snipes, Supervisor of Elections 115 S. Andrews Avenue, Room 102 Fort Lauderdale, FL 33301 Telephone No. (954)357-7061 With Copy To: Burnadette Norris -Weeks, Esq. Burnadette Norris -Weeks, P.A. 401 North Avenue of the Arts Fort Lauderdale, FL 33311 Telephone No. (954)768-9770 M As to City: Michael Cernech, City Manager City of Tamarac 7525 N.W. 881h Avenue Tamarac, Florida 33331 Telephone No. (954) 597-3516 With Copy to: Samuel S. Goren, City Attorney Goren, Cherof, Doody, & Ezrol, P.A. 3099 East Commercial Blvd., Suite 200 Fort Lauderdale, FL, 33308 Telephone No. (954) 771-4500 As to District: Woodlands Community Neighborhood Improvement District c/o Andy Berns 7525 N.W. 88`h Avenue Tamarac, Florida 33331 5.2 Notices, consents, approvals, waivers, and elections given or made as aforesaid shall be deemed to have been given and received on the date of the mailing, delivery, or transmission. When requested by either party, the other shall furnish receipts, paid bills or documents to reasonably verify facts or representations made or pursuant to the requirements of this Agreement. ARTICLE 6.0 Disputes 6.1 Should a dispute arise regarding the interpretation of this Agreement, or in performance of either party hereunder, and should a court action be commenced, the ultimate prevailing party shall be entitled to receive reasonable attorney's fees and costs at both the trial and appellate levels, including the cost and expense of paralegals. Any litigation arising from this Agreement shall be prosecuted in Broward County, Florida. ARTICLE 7.0 Miscellaneous 7.1 It is further agreed that no modification, amendment, or alteration in the terms and conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 5— 7.2 Any portion of this agreement that is deemed unconscionable, unconstitutional, or otherwise invalid, shall be severed from the agreement and the rest of the agreement shall remain in full force. 7.3 The terms, provisions, covenants, and conditions herein shall be construed solely in accordance with the laws of the State of Florida. 7.4 This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of each of the parties hereto. 7.5 The parties hereto and their successors and assigns shall not record this Agreement amongst the Public Records of Broward County, Florida. Signed in the presence of CITY OF TAMARAC Aw'��az'oe MA—YOR:BETftTALABISCO ATT APPROVED AS TO LEGAL FORM: zr'th t-. PETER„ M.J. CHARDSON City Clerk SA EL S. GO N, City Attorney Y STATE OF FLORIDA COUNTY OF BROWARD THE FOREGOING INSTRUMENT was acknpwledged before me this 1�61� day of 2012, by %3 ' rW /,r 6 i s v who is personally known to me or has produced as identification. TIT�IA M. WH "l' "r ® MY CFFLNOwy SSION # EE5619 EXPAugust 06, 2014 1.8W-3-NOTARY Discount Aum Co. My Commission Expires m NOTARY PUBLIC Print or Type Name SUPERVISOR OF ELECTIONS OF BROWARD COUNTY, FLORIDA I: A.� •- • •kj�--tions Prifit Nam STATE OF FLORIDA COUNTY OF BROWARD THE REGOING INSTRUMENT was acknow, e ged before me this day of 2012, by Brenda C. Snipes, who's ersonally known tome. MARY COONEY Commission # EE 060022 a= Expires May 3, 2015 NOT RY PU L C Banded ThruTroy Fain insurance 800385-7019 V Print or Type Name My Commission Expires: 7— Signed in the presence of: WOODLANDS GOMM) NITY NEIGHBORHOOD IMPROVEMENT- 6IS*CT LAWRENCE TORN, CHAIR ATTEST: - dtt4' 4�m Di rict Secretary STATE OF FLORIDA COUNTY OF BROWARD THE FOREGOING INSTRUMENT was acknowledged before me this A PA / L , 2012, by CP lu,0 /Ci 7`C' le- A , who i p sonally known to me or has produced as identification. N TARY B IC Print or Type Name My Commission EA ��`��G\ cj1\5S%pN• �� V00 O 9� • at>r� ••��. SSG/JGH 3-8-12, 4-9-12 HA2005\050164 TAMARAC\AGMTS\Agmt with SOE (Woodlands Referendum Election).docx 8-