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Home My WebLink AboutCity of Tamarac Resolution R-2007-0941 Temp. Reso #11229 Page 1 of 3 June 13, 2007 CITY OF TAMARAC, FLORIDA RESOLUTION NO. 2007- 1 L A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN BROWARD COUNTY AND THE CITY OF TAMARAC CONCERNING THE UNIFORM COLLECTION AND ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide for a uniform method for the levy, collection, and enforcement of non -ad valorem assessments; and WHEREAS, the City of Tamarac desires to utilize the provisions set forth in Florida Statutes relating to the procedures for levy, collection, and enforcement of non -ad valorem assessments; and WHEREAS, Resolution R-1996-165, dated July 10, 1996, authorized execution of an Interlocal Agreement between Broward County and the City of Tamarac concerning the Uniform Collection and Enforcement of Non -Ad Valorem Assessments; and WHEREAS, §197.3632, Florida Statutes (1995) requires that a local governing board shall enter into a written agreement with the tax collector which provides for reimbursement of necessary administrative and actual collection costs incurred in employing the uniform method of collection; and WHEREAS, pursuant to the Broward County Charter, the Broward County Finance and Administrative Services Department performs all functions and duties of the office of tax collector; and Temp. Reso #11229 Page 2 of 3 June 13, 2007 WHEREAS, the Director of Financial Services and the Management and Budget Officer recommend that we enter into an Interlocal Agreement Between Broward County and the City of Tamarac for Uniform Collection and Enforcement of Non -Ad Valorem Assessments; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interests of the citizens and residents of the City of Tamarac that the City of Tamarac and Broward County enter into an Interlocal Agreement concerning the Uniform Collection and Enforcement of Non -Ad Valorem Assessments. 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: That the appropriate City officials are hereby authorized to execute an Interlocal Agreement Between Broward County and the City of Tamarac Concerning Uniform Collection and Enforcement of Non -Ad Valorem Assessments (a copy of which is attached hereto as Exhibit "A") SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. 1 Temp. Reso #11229 Page 3 of 3 June 13, 2007 SECTION 5: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this <,Lth day of <__ju-)e , 2007. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. SAMUEL S. GOREN CITY ATTORNEY � Wei I MI. IV, �' NSBAUM • RECORD OF COMMISSION VOTE: MAYOR FLANSBAUM-TALABISCO DIST 1: COMM. PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: V/M SULTANOF DIST 4: COMM. DRESSLER z -' No Text No Text Terrlp. Reso. 1111229-June 13, 2007 Exhibit A INTERLOCAL AGREEMENT between BROWARD COUNTY and for UNIFORM COLLECTION AND ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS Temp. Reso. 4,11229-,June 13, 2007 Exhibit A INTERLOCAL AGREEMENT between BROWAF;D COUNTY and L J for UNIFORM COLLECTION AND ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS WHEREAS, Florida Statutes provides for a uniform method for the levy, collection, and enforcement of non -ad valorem assessments and; WHEREAS, LOOT _ ,O#/e400reinafter referred to as A,.CITY(,J) desires to utilize the provisions set forth in Florida Statutes relating to the procedures for levy, collection, and enforcement of non -ad valorem assessments; and WHEREAS, Section 197-3632, Florida Statutes, requires that a local governing board shall enter into a written Agreement with the tax collector which provides for reimbursement of necessary administrative and actual collection costs incurred in employing the uniform method of collection; and WHEREAS, pursuant to the Broward County Charter, the Broward County Finance and Administrative Services Department performs all functions and duties of the office of tax collector, (hereinafter referred to as ACOUNTYP); NOW, THEREFORE, IN CONSIDERATION, of the promises, covenants, and obligations contained herein, and subject to all requirements of state law relating to the levy of non -ad valorem assessr-rents, the parties hereto agree as follows: 1 . Uniform Method. Commencing with the tax roll of and continuing year- to-year, unless and until COUNTY shall receive timely written notice from CITY electing to discontinue using the uniform method of collection of non -ad valorem assessments, Broward County shall collect the non -ad valorem assessments provided to COUNTY from CITY pursuant to the procedures set forth in Section 197.3632, Florida Statutes. 2. Compliance with Uniforr7i _Method. CITY shall comply, at all times, with the requirements, obligations, duties, and procedures set forth in Section 197.3632, Florida Statutes, as currently enacted or as may be amended from time -to -time, and such requirements, obligations, duties, and procedures are incorporated herein by reference as if set forth in full. Temp. Reso. #1 1 u 29-June 13, 2007 Exhibit A 0. County Collection Actions are Ministerl'al. The parties acknowledge and agree that non -ad valorern assessments are imposed by CITY and not Broward County, all actions of Broward County in conjunction with the uniform collection of any non -ad valorem assessments imposed by CITY are and shall be construed at all times as purely ministerial acts. 4. Reimbursement. The CITY shall be responsible for all necessary administrative and actual collection costs which are incurred by COUNTY for performing the activities contemplated herein and authorized in Section 197.3632, Florida Statutes. The COUNTY shall distribute to CITY the non -ad valorem assessments collected pursuant to this Agreement in substantial compliance with the provisions of Section 197.383, Florida Statutes, less the necessary administrative and actual collection costs. 5. Entire_Agreement This Agreement supersedes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and there are no commitments,, agreements, or Linderstandirigs concerning the subject matter of this Agreement that are not contained in this document. Accordingly, no deviation from the terms hereof shall be predicated upon any prior representations or agreements whether oral or written. No modification, amendment, or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith, Neithor this Agreement nor any term or provision hereof or right hereunder shall be assignable by either, party and any attempt to make such assignment shall be void. 6. Notice. Whenever either party desires to give notice' c.rnto the other, it must be given by written notice, sent by registered United States mail, with return receipt requested, or by a nationally recognized overnight express mall service (e.g. Federal Express), addressed to the party for whom it is intended, at the place last specified, and the place for giving of notice shall remain such until it shall have been changed by written notice in compliance with the provisions of this paragraph. For the present, the parties designate the following as the respective places for giving of notice: FOR BROWARD COUNTY: Office of the County Administrator Broward County Governmental Center 115 South Andrews Avenue, Room 409 Fort Lauderdale, Florida 33301 With a copy to the County Attorney and Revenue Collection Division Director FOR CITY: With a copy to the City Attorney I Temp. Reso. N 1 1229-June 13, 2007 Exhibit A t 7. GovE rnitIg Law_. This Agreement shall be construed in accordance with the laws of the state of Florida, and any proceedings arising in any matter pertaining to this Agreement shall, to the extent permitted by law, be held in Broward COUnty, Florida. 8, Execution Date. The date of the execution of this Agreement shall mean the last day upon which it becorrres fully executed by COUNTY and CITY. 9, Joint Preparation. The preparation of this Agreement has been a joint effort of the parties and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original but all of which shall constitute one and the same Agreement. 1 1 . Filinq Required. This Agreement shall be filed with the Clerk of the Circuit Court as required by Section 163.01(1 1), Florida Statutes, as currently enacted and as may be amended from tine -to -time. 12. Gender. All terms and words used in this Agreement, regardless of the number and gender in which used, shall be deemed to include any other, gender or number as the context or use thereof may require. (Intentionally Left Blank) 3 Tomp. f3(-,so. 011229-June 13, 2007 Exhibit ,A IN WITNESS WHEREOF, the; parties hereto have rr ade and executed this Agreement on the respective dates under each signature: Broward County through its BOARD OF COUNTY COMMISSIONERS, signing by and through Its Major or Vice: Mayer authorized to execute same by Board action on the day c:)f 2007, and the City of ---_ _ signing by and through its..--- .__ __ , dul aull �orized to execute same. g Y ATTEST: _ .... _....... County Administrator and Ex- Officio Clerk of the Board of County Commissioners of Broward County, Florida COUNTY BROWARD COUNTY, through Its BOARD OF COUNTY COMMISSIONERS By . _ _. Chair this ......._.._. day of . . , 2007 Approved as to forni Office of County Attorney for Broward County, Florida JEFFREY J. NEWTON, County Attorney Governmental Center, Suite 423 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Telephone- (954) 357-7600 Telecopier: (954) 357-7641 By SHARON V. THORSEN Assistant County Attorney d Temp. Reso. # 1 1229-June 13, 2007 Exhibit A INTERLOCALAGREEMENT BETWEEN BROWARDCO(JNTYAND G'.! �7`-._ 6�4 UNIFORM COLLECTION AND ENFORCEMENT OF NON -AD VALOREM ASSESSMENTS ATTEST Clerk (SEAL) ,V I DMV i oriadvara0,1 5 CITY OF Mayor + gy-� C. /yll•G�- Ci i anager�yt� %. day of 2007. Approve as to form: 4 ity Attorncc, y