HomeMy WebLinkAboutCity of Tamarac Resolution R-96-165Temp. Reso. #7475 1
6/24/96
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-96--ffZ
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 provides 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, §197.3632, Fla. Stats. (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
WHEREAS, it is the recommendation of Nabors, Giblin & Nickerson, P.A., Special
Temp. Reso. #7475 2
6/24/96
Counsel for Fire Rescue Assessment, to enter into the 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 wishes to 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: That 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 That the appropriate City officials are hereby authorized to
execute the 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 All resolutions or parts of resolutions in conflict herewith are
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Temp. Reso. #7475 3
6/24/96
hereby repealed to the extent of such conflict.
SECTION 5: 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 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
V=-9-0-fa--2-
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
have approved this
R I ANCE s to rm
MI LL S. KRAF
CITY ATTORNEY
(c:\userdata\wpdata\res\7475. ms)
y of 1 , 1996.
NORMAN ABRMAOWI"rZ
MAYOR
RECORD OF COMMISSION VOTE
MAYOR
DIST 1:
DIST 2:
DIST 3:
DIST 4:
INTERLOCAL AGREEMENT
between
BROWARD COUNTY
and
CITY OF TAMARAC
concerning
UNIFORM COLLECTION AND ENFORCEMENT OF NON -AD VALOREM
ASSESSMENTS
This is an Interlocal Agreement made and entered into by and between Broward
County, a political subdivision of the State of Florida, and the City of Tamarac, a municipal
corporation, organized and existing under the laws of the State of Florida ("the City").
WHEREAS, Florida Statutes provides for a uniform method for the levy, collection,
and enforcement of non -ad valorem assessments; and
WHEREAS, the City desires to utilize the provisions set forth in Florida Statutes
0 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 "the County")
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
0 valorem assessments, undersigned parties hereto agree as follows:
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SECTION 1. UNIFORM METHOD. Commencing with the tax roll of 1996
and continuing year-to-year, unless and until the County shall receive timely written notice
from the City electing to discontinue using the uniform method of collection of non -ad
valorem assessments, the County shall collect the non -ad valorem assessments provided
to the Broward County Finance and Administrative Services Department from the City
pursuant to the procedures set forth in Section 197.3632, Florida Statutes.
SECTION 2. COMPLIANCE WITH UNIFORM METHOD. The 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.
SECTION 3. COUNTY COLLECTION ACTIONS ARE MINISTERIAL. The
parties acknowledge and agree that non -ad valorem assessments are imposed by the City
and not Broward County; all actions of the County in conjunction with the uniform collection
of any non -ad valorem assessments imposed by the City are and shall be construed at all
times as purely ministerial acts.
SECTION 4. REIMBURSEMENT. The City shall be responsible for all
necessary administrative and actual collection costs which are incurred by the County for
performing the activities contemplated herein and authorized in Section 197.3632, Florida
Statutes. The County shall distribute to the City the non -ad valorem assessments collected
pursuant to this Agreement in substantial compliance with the provisions of Section
197.383, Florida Statutes, less necessary administrative and actual collection costs.
Interlocal Agreement between Broward County and City of Tamarac
Concerning Uniform Collection and Enforcement of Non -Ad Valorem Assessments
Page 2 of 6
SECTION 5. ENTIRE AGREEMENT. This Agreement supersedes all prior
0
negotiations, correspondence, conversations, agreements, or understandings applicable
•
to the matters contained herein, and there are no commitments, agreements, or
understandings 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.
Neither 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.
SECTION 6. NOTICE. Whenever either party desires to give notice unto 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 mail 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 The County:
County Administrator
Office of the County Administrator
Broward County Governmental Center
115 South Andrews Avenue, Suite 409
Fort Lauderdale, Florida 33301
Interlocal Agreement between Broward County and City of Tamarac
Concerning Uniform Collection and Enforcement of Non -Ad Valorem Assessments
Page 3 of 6
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With a copy to the County Attorney and Director, Revenue Collection Division
For The City:
City Clerk
City of Tamarac
7525 N.W. 88th Avenue
Tamarac, Florida 33321-2401
With a copy to the City Attorney and the City Manager
SECTION 7. GOVERNING 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.
SECTION 8. EXECUTION DATE. The date of the execution of this
Agreement shall mean the last day upon which it becomes fully executed by the County
and the City.
SECTION 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.
SECTION 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.
SECTION 11. FILING REQUIRED. This Agreement shall be filed with the
Clerk of the Circuit Court as required by Section 163.01(11), Florida Statutes, as currently
enacted and as may be amended from time -to -time.
Interlocal Agreement between Broward County and City of Tamarac
Concerning Uniform Collection and Enforcement of Non -Ad Valorem Assessments
Page 4 of 6
SECTION 12. GENDER. All terms and words used in this Agreement,
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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.
IN WITNESS WHEREOF, the parties hereto have made and executed this
Agreement on the respective dates under each signature: Broward County through its
Board of County Commissioners, signing by and through its Chair or Vice Chair, authorized
to execute same by Board action on the day of , 1996, and the City
of Tamarac, signing by and through its City Commission, duly authorized to execute same
by Commission action on the 6D day of , 1996.
BROWARD COUNTY
ATTEST: BROWARD COUNTY, through its
BOARD OF COUNTY COMMISSIONERS
By
County Administrator and Ex- Chair
Officio Clerk of the Board of
County Commissioners of day of 91996
Broward County, Florida
Approved as to form
Office of County Attorney
for Broward County, Florida
JOHN J. COPELAN, JR., County Attorney
Governmental Center, Suite 423
115 South Andrews Avenue
Fort Lauderdale, Florida 33301
Telephone: (305) 357-7600
Telecopier: (305) 357-7641
By
SHARON V. THORSEN
Assistant County Attorney
Interlocal Agreement between Broward County and City of Tamarac
Concerning Uniform Collection and Enforcement of Non -Ad Valorem Assessments
Page 5 of 6
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CITY OF TAMARAC
By:jtNLWe OL14LA
mayor r
raa-n Abcaynowih-
Date:
ATTEST:
By: L - �- y
City Clerk Cox-ol X Evnns City Manager
Date: 7—q -
Appr d as to form:
City Att
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Interlocal Agreement between Broward County and City of Tamarac
Concerning Uniform Collection and Enforcement of Non -Ad Valorem Assessments
Page 6of6