Item K2
BOARD OF COUNTY COMMISSIONERS
Agenda Item Summary
Meeting Date
May 19, 2004
Division
County Attorney
AGENDA ITEM WORDING
Approval to rescind the March 17, 2004 Amendment to Interlocal Agreement with Property
Appraiser to include reimbursement for the South Stock Island non-ad valorem assessment
collection and approval of a revised Amendment to Interlocal Agreement with Property
Appraiser.
ITEM BACKGROUND
At the August 1, 2002 meeting the Board approved the original Interlocal Agreement.
PREVIOUS RELEVANT BOCC ACTION
The Board also approved an amendment on March 17, 2004 on the same subject but which
included a provision that had the statutorily required non-ad valorem notice placed on the
TRIM notice if possiple. That language has been removed per a request from John Dent,
Esq., counsel to the Property Appraiser.
CONTRACT I AGREEMENT CHANGES
STAFF RECOMMENDATIONS
Approval.
TOTAL COST
BUDGETED Yes No
COST TO COUNTY
SOURCE OF FUNDS
APPROVED BY: County Attorney _
OMS/Purchasing! Risk Management!
DIVISION DIRECTOR APPROVAL:~L.1. ~b lO"/. 'i 1.'1
J. . COLLINS
DOCUMENTATION:
Included !
To Follow!
Not Required !
AGENDA ITEM #
cl{2-
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 t~e following:
a) The terms and conditions of the original agreement shall also apply to
the 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) This amendment shall apply to the non-ad valorem assessments
described above for fiscal year 2004-2005 and for each fiscal year thereafter so long as the
non-ad valorem assessments are levied by the County according to the procedures of Sec.
197.3632, FS.
2. In all other respects, the terms and conditions of the original agreement
remain in full force and effect. This amendment supersedes and replaces the amendment
on the same subject approved by the County on March 17, 2004.
3. This amendment to the original agreement will take effect when a copy
executed by both parties is filed with the Monroe County Clerk of the Circuit Court.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day
and year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
By
Mayor/Chairman
ATTEST:
PROPERTY APPRAISER
OF MONROE COUNTY
By
By
Ervin Higgs
jiaPA
@
DENT & ASSOCIATES, P.A.
P. O. Box 3259 . SARASOTA, FLORIDA 34230
JOHN C. DENT, JR.
SHERRI L. JOHNSON
JOE D. DINGESS
MICHELE SANTI
E-MML ADDRESS: JDENT@DENTASSOC1ATES.COM
RICHARD A. MlUER
OP CoUNSEL
Apri127,2004
Rot N. 'Wolfe
Chief Assistant County Attorney
502 Whitehead Street, Third Floor
Key West, Florida 33040
Re: Interlocal Agreement Between Ervin Higgs,
Monroe.County Property Appraiser - Monroe County
Dear Rob:
With regard to. the Amended Interlocal Agreement that was provided to Ervin, we wish to
have it further amended, if this one has been already adopted or change it before it goes before
the Commission to.delete paragraph l(b) of the proposal. Erv is concerned about this provision
providing for trim notices, especially, in light of the fact that the required notice provided in the
statute is being provided by the county without reliance upon the trim notice. Using Trim is not
mandatory for non-ad valorem assessments. The inclusion of these is mechanically difficult but
it also causes certain confusion with reference to the ad valorem portions of the trim notice to the
taxpayer. Therefore, we request that this action be taken deleting this provision from the
Agreement.
Thank you for your cooperation in this matter, I
cc: Ervin A. Higgs
, Momoe~C.oUntYProperty Appraiser
'" H
RECEIVED
N:\H08-0433\Ltr Wolfe 040704.doc
MAY 03 200%
MONROE COUNTY ATTORNEY
330 S. ORANGE AVENUE . SARASOTA, FLORIDA 34236
(941) 952-1070 . FACSIMILE (941) 9~2-1094