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HomeMy WebLinkAboutDocumentation_Regular_Tab 8FGH_3/7/1996 3/Ir Ft 6 4' 14 Memorandum To: Thomas G. Bradford, Village Manager From: Bill Kascavelis, Director of Finance / Date: 02/28/1996 • Subject: Storm Water Utility Servlce.(Tentative genda Items for the March 7, 1996 Council Meeting) Mr. Patrick High of Gee & Jenson Engineering., Inc. and I will be attending a meeting Monday, March 4, 1996, at 10:00 A.M. with representatives of the Palm Beach County Property Appraiser's Office and Palm Beach County Department of Information System Services. The purpose of the meeting is to determine if the Department of Information System Services can provide us with data processing services for electronic media for -the=-proposed 'Storm-Water—Utility—Service—non-ad valorem --- - -- -- assessments that is compatible with the property appraiser's tax roll electronic media. • I am hopeful that our request for billing services can be accommodated by ISS; however, until we receive such confirmation, it would be premature to request interlocal - agreement authorizations from Council. Should you decide to place these items on the March 7, 1996 Agenda, copies of,agreements that will be made with the Palm Beach County Property and Tax Collector are attached. I will provide you with a Palm Beach County ISS agreement the afternoon of March 7, 1996, provided our meeting is successful. - Respectfully submitted. BCK/mk End. - AGREEMENT THIS AGREEMENT made and entered into this day of , 1996, by and between John K. Clark, as Tax Collector for Palm Beach County, and the Village of Tequesta, for the implementation and collection of the Village's non-ad valorem assessment billing for Storm Water Utility Services, as follows: 1 . The Village of Tequesta shall meet all the requirements of Florida Statutes 197.363 and 197.3632 for the implementation of the Village's non-ad valorem assessment billing. 2. Upon the performance by the Village of Tequesta of the requirements of the above statutes and this Agreement, the Tax Collector agrees to implement the Village of Tequesta's non-ad valorem assessment billing and collection. 3. The Village of Tequesta further agrees that it shall provide to the Tax Collector compensation for the actual cost of collecting this non-ad valorem assessment as provided in Florida Statutes. (F.S. Section 197.3632 (8) (C). Since the actual costs of collection cannot be ecisely determined;the parties agree that one percent (1 %) of total collections will be considered the costs. 4. This Agreement shall be in effect for the tax year 1996 and subsequent years thereafter unless cancelled by either the Village or the,Tax Collector by giving notice in writing to the other by January 10th. 5. This Agreement may be modified by both parties in writing provided such modifications are agreed upon prior to any notice of termination. 6. This Agreement shall be changed, modified or amended in writing as necessary to conform with any new statutory requirements when and if enacted into law. DATED this day of 1996. VILLAGE OF TEQUESTA • By: John K. Clark, as Tax Collector for .Ron T. Mackail, Mayor Palm Beach County Approved as to legal form and sufficiency: ATTEST: By: , John.C. Randolph, Village Attorney Joann Manganiello, Village Clerk I. AGREEMENT THIS AGREEMENT made and entered into this day of , 1996, by and between Gary R. Nikolits, as Palm Beach County • Property Appraiser, hereinafter "Nikolits", and the Village of Tequesta - Storm Water Utility Service Assessment, hereinafter "Local Government"; WHEREAS, Local Government has elected under Section 197.363 (1), Florida Statutes, for the,collection of its non-ad valorem assessments pursuant to the uniform method for the levy, collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632, Florida Statutes; and WHEREAS, Nikolits and Local Government are required to enter into an agreement one with the other pursuant to Section_197.3632(2), Florida Stattutes,for____.____ the providing by Nikolits to Local Government of the information outlined in Section 197.3632(3)(b), Florida Statutes; and WHEREAS, Chapter 92-264, Laws of Florida was enacted to provide that non- ad valorem assessments be set forth in the Notice of Proposed Property Taxes for Palm Beach County; NOW, THEREFORE, in consideration of the following covenants, conditions and promises the parties agree as follows: 1 . The above representations are true and correct. 2. Nikolits is entering into this Agreement without any determination that Local Government is qualified to collect its non-ad valorem assessments by the uniform method, and Local Government will indemnify and hold Nikolits harmless from any challenge thereto. 3. Nikolits will provide to Local Government the information described in Section 197.3632(3)(b), Florida Statutes, in compatible electronic medium by June 1, 1996. 4. Local Government levying and collecting non-ad valorem assessments pursuant to Section 197.3632 will provide to Nikolits the assessment rate expressed in dollars and cents per unit of assessment, the associated assessment amount and , _ the purpose of the assessment, extended against each parcel within the boundaries of Local Government in compatible electronic medium by August 1 , 1996. 5. Nikolits will utilize the information provided by Local Government further to paragraph 4 hereinabove in preparing the Notice of Proposed Property Taxes pursuant to Section 200.069, Florida Statutes, and, in addition to the information required in the Notice required by Section 200.069, Florida Statutes, Nikolits shall include the non-ad valorem assessments levied pursuant to Section 197.3632, Florida Statutes, as separate, itemized entries. 6. Additionally, Nikolits agrees to make available to Local Government an additional list of the information described in Section 197.3632(3)(b), Florida Statutes, shortly before the September 15, 1996 certification date for Local Government to reflect the changes to the assessment. roll between said date and June 1, 1996. 7. In return for the providing of the information as outlined in Paragraphs 3 and 6, hereinabove, Local Government agrees to reimburse Nikolits, in accordance with Section 197.3632(2), Florida Statutes, for the necessary administrative costs incurred in providing the information. 8. The parties recognize Nikolits processes changes to the assessment roll through a procedure known as Errors and Insolvencies (E & I's). Nikolits agrees.to provide a copy of each E & I processed to Local Government. The parties recognize Local Government has a process to make changes on its assessment roll. Local Government agrees to provide Nikolits with information in written form, of any changes it makes. 9. This agreement shall automatically be extended hereafter, from year to year, unless and until terminated by either of the parties. The agreement may be terminated at any time by the Local Government-upon written notice to Nikolits and payment for all services provided under.this contract through the date of.termination. The agreement may be terminated at any time by Nikolits upon written notice to the Local Government; however, notice given by Nikolits after January. 1 and prior to October 1, shall be effective only following completion of certification of that year's non-ad valorem tax roll and payment for all services by the Local Government. - 2 - IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year above first written. By: Ron T. Mackail, Mayor Gary R. Nikolits, as Palm Beach County Property Appraiser ATTEST: Joann Manganiello Village Clerk • • • • • - 3 - i