Item J6
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
ADD ON
Meeting Date
March 17, 2004
Division
County Attorney
AGENDA ITEM WORDING
Amendment to Interlocal Agreement with Property Appraiser to include reimbursement for
the South Stock Island non-ad valorem assessment collection.
ITEM BACKGROUND
At the August 1, 2002 meeting the Board approved the original Interlocal Agreement.
PREVIOUS RELEVANT BOCC ACTION
See above.
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMB/Purchasing 0
Risk Management 0
DIVISION DIRECTORAPPROVAL:~~( i?3/"loy
J HN R. COLliNS
DOCUMENTATION:
Included 0
To Follow 0
Not Required 0
AGENDA ITEM #
Jio
AMENDMENT TO AN INTERLOCAL AGREEMENT
FOR REIMBURSEMENT OF THE PROPERTY APPRAISER
THIS AMENDMENT to an Interlocal Agreement for the Monroe County Board of
County Commissioners (County), to reimburse the Monroe County Property Appraiser is
made and entered into as of this
day of
, 2004, by and between
the County, and Ervin Higgs, in his official capacity as the Monroe County Property
Appraiser (Property Appraiser).
WHEREAS, on August 1, 2002, the County and the Property Appraiser entered into
an Interlocal Agreement for reimbursement to the Property Appraiser for his services in
collecting certain non-ad valorem assessments; and
WHEREAS, it is desired by both parties to expand that August 1, 2002 agreement to
cover certain other non-ad valorem assessments; now, therefore
IN CONSIDERATION of the mutual covenants and promises set forth below, the
parties agree as follows:
1. The August 1, 2002, Interlocal Agreement between the parties (hereafter
original agreement), a copy of which is attached to this amendment, is hereby amended by
the addition of the following:
a) The terms and conditions of the original agreement shall also apply to
the collection of non-ad valorem assessments for sewer service from the owners of real
property located within the area of South Stock Island (SSI) designated in Monroe County
Resolution No. 561A-2003.
b) If possible, given the fixed deadlines of Sec. 197.3632, FS, the Property
Appraiser shall include on the TRIM notice sent to persons owning real property within the
designated area of SSI, the mailed notice of the public hearing required by Sec.
197.3632(4)(b), FS.
AGREEMENT FOR THE COUNTY OF MONROE BOARD OF COUNTY
COMMISSIONERS,
TO REIMBURSE THE PROPERTY APPRAISER
This Agreement for the Monroe County Board of County Commissioners, to reimburse the
~oe COty1ty I}~erty Appraiser (the "Agreement") is made and entered into as of
~A-Z:: 1- . 2002, by and between the Board, and Ervin Higgs, in his capacity as
the nroe County Property Appraiser (the "Property Appraiser'').
NOW, THEREFORE, in consideration of the mutual promises, covenants, representations,
and agreements contained herein, together with the ten dollars ($10.00) and other good and valuable
consideration exchanged between the parties, the parties to this Agreement do undertake, promise
and agree for themselves and their successors as follows:
ARTICLE I
SECTION 1.01 FINDINGS, RECITALS AND ACKNOWLEDGMENTS. It IS hereby
ascertained, determined and declared by the parties that:
(A) the Board is authorized to impose non-ad valorem assessments and by appropriate
resolution has expressed its intent to use the uniform method of levy, collection and
enforcement of non-ad valorem assessments as provided in Section 197.3632,
Florida Statutes, under which assessments are included on an asse~sment roll and
certified, in a compatible electronic medium tied to the property identification
number, by the Board to the Monroe County Tax Collector for merging with the ad
valorem tax roll, for collection by utilizing the tax notice provisions described in
Section 197.3635, Florida Statutes, and for sale of tax certificates and tax deeds
under the non-payment provisions of the ad valorem tax laws (the "Uniform
Method'');
(B) the Uniform Method, with its enforcement provisions including the use of tax sale
certificates and tax deeds to collect delinquent annual payments, is less expensive
and more equitable to the delinquent landowner than the traditional lien foreclosure
methodology;
(C) the Uniform Method will provide for more efficient collection by virtue of the
assessment being on the tax notice issued by the Monroe County Tax Collector and
will produce positive economic benefits to the affected landowners and the Board;
(0) the Uniform Method will promote local government accountability;
(E) this Agreement is intended to conform with the requirement of Section 197.3632,
Florida Statutes, that the Board and the Property Appraiser enter into a written
agreement providing for reimbursement of necessary administrative and actual costs
incurred as a result of the use of the Uniform Method; such administrative and actual
costs include, but are not limited to those costs associated with personnel, forms,
supplies, data processing, computer equipment, postage and programming;
(F) the duties of the Property Appraiser under Section 197.3632, Florida Statutes, are
ministerial;
roll on compatible medium tied to the property parcel. identification number in a
manner that conforms to the format of the ad valorem tax roll submitted by the
Property Appraiser to the Department of Revenue;
(F) designate and authorize a person other than the Property Appraiser to receive and
process any request for changes, modifications or corrections to the subject non-ad
valorem roll and, if necessary, file with the Monroe County Tax Collector an
appropriate certificate of correction; and
(G) cooperate with the Property Appraiser to implement the Uniform Method of notice,
levy, collection and enforcement of each of the subject non-ad valorem assessment
roll, pursuant to and consistent with all provisions of Chapter 197, specifically
Sections 197.3632 and 197.3635, Florida Statutes, as amended.
SECTION 4.02. DUTIES AND RESPONSmlLITIES OF THE PROPERTY APPRAISER.
The Property Appraiser shall:
(A) annually by June 1 provide the Board with at least the following information by
compatible electronic medium: (1) the legal description of the property within the
boundaries described in the Board Resolution of Intent; (2) the names and addresses
of the owners of such property; (3) the property identification number of each parcel
in a manner that conforms to the format of the ad valorem roll submitted to the
Department of Revenue, and (4) any other information reasonably needed by the
Board to create, re-compute, re-configure, revise, Correct or otherwise formulate the
non-ad valorem assessment rolls as may be agreed to by the Property Appraiser;
(B) although the Property Appraiser is not required by law to submit information other
than items (1), (2) and (3) in paragraph (A) of this section, the Property Appraiser
shall make reasonable efforts to assist and accommodate the Board's creation of a
non-ad valorem assessment roll;
(C) cooperate with the Board and the Monroe County Tax Collector to implement the
Uniform Method of notice, levy collection and enforcement of each of the subject
non-ad valorem assessment rolls, pursuant to and consistent with all provisions of
Chapter 197, specifically Sections 197.3632 and 197.3635, Florida Statutes, as
amended; and
(0) provide the Board with a written itemized statement of any necessary administrative
and actual costs incurred by the Property Appraiser for which reimbursement is
sought.
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