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HomeMy WebLinkAboutResolution_12-94/95_02/23/1995 i i RESOLUTION NO. 12 — 94,95 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT WITH THE SOLID WASTE AUTHORITY OF PALM BEACH COUNTY FOR ASSISTANCE IN PREPARATION OF THE ASSESSMENT ROLL TO BE USED BY THE TAX COLLECTOR FOR COLLECTING ASSESSMENTS ASSOCIATED WITH COLLECTION SERVICES FOR GARBAGE, TRASH, AND RECYCLING WITHIN THE VILLAGE OF TEQUESTA NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS: Section 1. An Interlocal Agreement with the Solid Waste Authority of Palm Beach County for Assistance in the Preparation of the Assessment Roll to be used by the Tax Collector for Collecting Assessments Associated with Collection Services for Garbage, Trash and Recycling within • the Village of Tequesta, attached hereto as Exhibit "A ", and incorporated by reference as a part of this Resolution, is hereby approved and the Mayor of the Village is authorized to execute the same on behalf of the Village of Tequesta. THE FOREGOING RESOLUTION was offered by Councilmember R „r�kart , who moved its adoption. The motion u was seconded by Councilmember „ter and upon being put to a vote, the vote was as follows: FOR ADOPTION AGAINST ADOPTION William E. Burckart Elizabeth A. Schauer Ron T. Mackail Joseph N. Capretta The Mayor thereupon declared the Resolution duly passed and adopted this 23rd day of February, A.D., 1995. • i MAYOR OF TEQUESTA Ron T. Mackail I ATTEST: a. Jeann Mangan'ello Village Clerk • • INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT ( "Agreement ") is made this z/' day of 7u�-) C , 1995, by and between the VILLAGE OF TEQUESTA, FLORIDA, a municipal corporation (hereinafter referred to as the "Village ") and the SOLID WASTE AUTHORITY OF PALM BEACH COUNTY a special taxing district (hereinafter referred to as the "Authority "). WHEREAS, the Village is initiating a special assessment to be imposed through the Tax Collector for recovery of costs associated with collection of garbage, trash and recyclable within its jurisdiction; and WHEREAS, the Village has requested the assistance of the Authority in preparation of the assessment roll for use by the Tax Collector in collecting said assessment for the Village; and WHEREAS, the Authority is willing to assist the Village in this effort for which the Village is willing to compensate the Authority for its reasonable expenses. NOW, THEREFORE, be it resolved as follows: • 1. According to a time table mutually agreed upon, the Village will provide the Authority with an assessment schedule for collection of solid waste, which schedule shall provide an assessment amount by type of property according to the categories of properties as suggested by the Authority and designated by the Village. The Authority shall merge the Village's assessment schedule with the updated list of properties utilized by the Authority for its own property assessments. Thereafter, this list shall be provided to the tax collector on behalf of the Village, on a timely basis, so as to permit collection of the Village's special assessment in the normal course of business for property tax collections. 2. In consideration for the services specified in paragraph 1 and related services, the Village agrees to pay the Authority an amount equal to the costs incurred by the Authority to provided said services, plus a processing charge of 10% of the Authority's costs, excluding outside vendor expenses. This processing charge may be adjusted upon agreement of both parties in subsequent fiscal years. 3. It is the intent of the parties that this agreement shall continue from year to year unless either party provides timely notice of its intent to terminate this agreement. It is understood by the parties that the Authority will evaluate its costs in performing this agreement on an annual basis and will notify the Village no later that March 15 of each year of its willingness to continue performing this service and the charge which will be imposed on the Village by the Authority for continuation of these services. Alternatively, • the Authority may notify the Village no later than March 15th of its intent to terminate the services described hereunder. Upon receipt of the Authority's notice of charges to be e • imposed hereunder, the Village shall have thirty (30) days therefrom in which to notify the Authority of its acceptance of the charges to be imposed or, alternatively, to notify the Authority that the Village will not be utilizing the services of the Authority henceforth. 4. This Agreement is entered into pursuant to Chapter 163, Florida Statutes, the Florida Interlocal Cooperation Act of 1969, and is subject to the approval of the governing bodies of the Authority and the Village. 5. The Village agrees to indemnify the Authority from all claims and legal costs arising from challenges to the Village's assessment program, which claims and costs arise from the actions of the Village and are not based upon actions of the Authority. This indemnification is limited to the extent provided by law in Florida Statute 768.28. IN WITNESS WHEREOF, the undersigned executed this document on the date first above written. ATTEST: VILLAGE OF TEQUESTA, FLORIDA By By: Its: V11_La6 C.l.e2K Its: MA40R -- • ATTEST PALM BEACH COUNTY SOLID WASTE AUTHORITY By: Cir C- s By: SANDRA J. BOURHAN, CLERK COIVIIV!191KONER BURT AARONSON, CHAIR Its: SOLID WASTE AUTHORITY CLERK Its: SOLID WASTE AUTHORITY APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: Legal Counsel Solid Waste Authority of Palm Beach County JONES, FOSTER, JOHNSTON & STUBBS, P.A. ATTORNEYS AND COUNSELORS FLAMER CENTER TOWER 606 SOUTH FLAMER DRIVE ELEVENTH FLOOR LARRY S. ALEXANDER JOHN SLAIR MCGRACKEN P. O. BOX 3476 HENRY P. Li1ENTHAL STEPHEN J. AUCAM SCOTT L MMMMULLE.N WEST PALM BEACH, FLORIDA 33402-3476 lowila TRACEY NAarCrn JOHN C. RANDOLPN HARRY ALLMON JOHNSTON JDYCE A OCKWAY JOHN C. RNI (407) 669 -3C1OO YARaARET L COOPER ANDREW RM 1011619" EDWARD DIAL STEVEN J. ROTHMAN FAX (407)632 -1464 A. BRUCE JONES REBECCA DOANE PEI" A. SACHS 190a -tiM CHRISTOPHER S. DUKE D. CULVER SMITH IS SCOTT Q HAVA NS so"" A gnaw JR. PAIR. C. WOLFE TK)IW7 M. HENRY ALLEN R TOMLINSON /R3.1m PETER S. HOLTON JOHN S. TPA~ R ETIRED HARK S. KLEN MICHAEL CHAEL P. WAUH WRITER'S DIRECT LINE: M WILLIAM A FOY7FA MICHAEL T. KRANZ K ADAMS WEAVER OF COUNSEL L MARTIN PLANAOAN February 6, 1995 Mr. Bill C. Rascavelis Finance Director Village of Tequesta Post Office Box 3273 Tequesta, Florida 33469 RS t Village -of Tequesta Interlooal.Agreement with Solid Waste Authority Of Palt County Our File No. 13153.1 Dear Bill: I can approve the above referenced Interlocal Agreement with the exception that paragraph 5 be amended to read as follows: 0 5. The Village agrees to indemnify the Authority from all claims and legal costs arising from challenges to the Village's assessment program, which claims and costs arise from the actions of the village and are not based upon actions of the Authority. This indemnification is limited to the extent provided by law in Florida Statute 768.28." Sincerely, _ Xhn -- TER, JOHNSTON & STUBBS, P.A. ndolph 91011! JCR /sum �`+:� -._ _s __ __. -._.� - - 7 - �h�1 � 9! N FEB 1995 rn • r ; f _ VILLAGE OF TEOUESTA FRANCE �P,�I�� DEPT.