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
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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
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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:
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PETER„ M.J. CHARDSON City Clerk SA EL S. GO N, City Attorney
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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
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SSION # EE5619
EXPAugust 06, 2014
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NOTARY PUBLIC
Print or Type Name
SUPERVISOR OF ELECTIONS OF
BROWARD COUNTY, FLORIDA
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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
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Print or Type Name
My Commission Expires:
7—
Signed in the presence of: WOODLANDS GOMM) NITY NEIGHBORHOOD
IMPROVEMENT- 6IS*CT
LAWRENCE TORN, CHAIR
ATTEST:
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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
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HA2005\050164 TAMARAC\AGMTS\Agmt with SOE (Woodlands Referendum Election).docx
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