09/12/1990 Agreement „ht,.bL .u. rye
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BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY P.O. BOX 379
MARATHON, FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY, FLORIDA 33070
TEL. (305)743-9036 KEY WEST, FLORIDA 33040 TEL. (305)852-9253
TEL. (305)294-4641
MEMORANDUM
To: Charles Aguero, MSD Director
From: Rosalie Connolly, Deputy Clerk
Date : September 21 , 1990
As you are aware, at the September 12th meeting, the Board of
Count Commissioners authorized execution of an Agreement with
the garding Solid Waste
Col uni orm method.
Attached are two duplicate originals of the Agreement, now fully
executed and sealed by both parties. One is for your own records
and the other is for your handling with the Property Appraiser.
! f
Rosalie L. .nnolly /
Deputy Cler
Attachments
cc : County Attorney R. Ludacer
County Administrator T. Brown
Finance Director T. Medina
AGREEMENT
THIS AGREEMENT, made and entered into this /21A day of
, 1990, by and between the BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter call
"Board, " and the PROPERTY APPRAISER OF MONROE COUNTY, FLORIDA,
hereinafter called "Property Appraiser"
WITNESSET H:
WHEREAS, Board is desirous of collecting its non-ad valorem
assessments pursuance 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, Board desires to enter into an agreement with Property
Appraiser as described in Section 197. 3632 (2) , Florida Statutes,
for the provision of the information outlined in Section 197 . 3632
(3) (b) , Florida Statutes,
NOW THEREFORE, in consideration of the following covenants,
conditions and promises, and for the purposes of complying with
and implementing Section 197. 3632, Florida Statutes , the parties
agree as follows:
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1. The above representations are true and correct.
2. Property Appraiser is entering into this Agreement
without any determination that Board is qualified to collect its
non-ad valorem assessments by the uniform method and Board
agrees, to the maximum extent allowed by law, to indemnify and
hold Property Appraiser harmless from the effects of any
challenge thereto.
3 . Board does, by these presents, certify that it has , by
appropriate ordinance, established a non-ad valorem assessment
for solid waste collection, and for the use of the uniform method
of collecting such assessment as authorized by Section 197. 3632,
Florida Statutes.
4 . Board does, by these presents, certify that it has
notified, by appropriate resolution, all necessary parties of its
intent too implement the Uniform Method For The Levy, Collection
And Enforcement Of Non-Ad Valorem Assessments, as set forth in
Section 197. 3632, Florida Statutes. By January 10th of each
year , Board shall inform the Property Appraiser in writing, by
certified mail, of its intention to continue using the Uniform
Method for collecting such assessments .
5 . By execution hereof, Property Appraiser agrees to
provide Board by June 1 of each year, by list or compatible
electronic medium, the information described in Section 197. 3632
(3) (b) , Florida Statutes from the official ad valorem tax roll
for Monroe County , Florida, as of January 1 of each year. Such
information shall reference the property identification numbers
and otherwise conform in format to that contained on the Ad
Valorem Assessment Roll submitted to the Department of Revenue.
6 . Additionally , Property Appraiser agrees to make
available to Local Government, should it desire to purchase it,
an additional list of the information described in Section
197. 3632 (3) (b) , Florida Statutes, shortly before the September
15th certification date of each year for Board, said supplemental
roll to reflect the changes to the assessment roll between said
date and June 1 of each year.
7 . By execution hereof, Board agrees to submit to the
Property Appraiser, on or before September 15 of each year, a
Summary of The Non-Ad Valorem Assessment Roll, Said Summary
shall indicate the total amount of assessments levied by Board,
and shall be certified by the Chairman thereof.
8. Reimbursement of administrative cost to Property
Appraiser as set forth in Section 197. 3632 (2) , Florida Statutes ,
shall be made quarterly by Board from revenues generated by the
non-ad valorem assessment. Administrative costs shall include ,
but not be limited to, those costs associated with personnel,
forms, supplies, data processing, computer equipment, postage and
programming.
9 . The parties acknowledge that, while Property Appraiser
has taken reasonable care to prevent such, some errors may exist
on the assessment roll provided to Board by Property Appraiser .
In recognition thereof, Board agrees to release, indemnify and
hold Property Appraiser harmless from any liability for errors or
any other problems arising from the provision of the information
to Board.
10. The parties recognize Property Appraiser processes
changes to the assessment roll through a procedure known as
Errors and Insolvencies (E & I 'S) . The parties agree that,
should Property Appraiser process an E & I that would affect
Board, the parties will attempt to work out a procedure whereby
Property Appraiser ' s E & I will also effectuate the change for
Board, with
Property Appraiser notifying Board by providing it with a copy of
the E & I .
11. This Agreement shall become effective upon execution,
and shall continue from year to year , unless terminated by the
Property Appraiser or the Board.
IN WITNESS WHEREOF, the BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, and the MONROE COUNTY PROPERTY APPRAISER have caused this
Agreement to be executed on this ath day of & ^)11, dpd.- ,
1990 .
(SEAL) BOARD OF COUNTY COMMISSIONERS
ATTESVAI Y KOI GE, C1:N% MONROE COUNTY, FLORIDA
By :
Cl k Chairman
PROPERTY APPRAISER OF
MONROE COUNTY, FLORIDA
Ervin A. Higgs, CFA
APPROVED as to form and content:
B
ounty ttorney