07/15/2003 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 21,2003
TO:
Richard Collins
County Attorney
FROM:
Jan Hotalen, Assistant
County Attorney's Office
Pamela G. Hancah
Deputy Clerk 'C..Y
ATTN:
At the July 15, 2003, Board of County Commissioner's Meeting the Board adopted the
following Resolutions:
Resolution No. 271-2003 rescinding Resolution No. 307-2002 which supported a
conceptual Agreement proposed by KW Resort Utilities, Inc. to provide wastewater services to
South Stock Island.
Resolution No. 272-2003 rescinding the November 20,2001 approval of Assignment and
Assumption of Leaseholds with Village of Islands and the School Board for certain property
interest within Islamorada.
Resolution No. 273-2003 rescinding the September 20, 2000 approval of an Amendment
to Agreement with Florida Department of Transportation for Traffic Signal Maintenance within
the Village of Islands and the City of Marathon.
Resolution No. 274-2003 revising Resolution No. 585-2002, as previously amended by
Resolution No. 115-2003, adding a lot erroneously treated as an environmental lot for use in the
uniform ad valorem method for the collection of assessments in the Breezeswept Beach Estates
Subdivision Municipal Service Culvert District and stating the reason therefor.
Resolution No. 277-2003 evidencing the Board's approval of a Recommended Beneficial
Use Determination promulgated by the Special Master, in re: Orin Oppermann.
Resolution No. 278-2003 evidencing the Board's approval of a Recommended Beneficial
Use Determination promulgated by the Special Master, in re: Harley Evans.
The Board also granted approval and authorized execution of an Agreement for the
County of Monroe Board of County Commissioners to reimburse the Property Appraiser for the
collection of non-ad valorem assessments in connection with the Breezeswept Beach MSCD.
County Attorney
July 21, 2003
Enclosed is a certified copy of each of the subject Resolutions, as well as a duplicate
original of the Agreement with the P A for your handling. Should you have any questions please
do not hesitate to contact this office.
cc: County Administrator wlo documents
Property Appraiser - Res. 274-2003
Tax Collector - Res. 274-2003
DOR - Res. 274-2003
Finance
File /
AGREEMENT FOR THE COUNTY OF MONROE BOARD OF COUNTY
COMMISSIONERS TO REIMBURSE THE PROPERTY APPRAISER
This Agreement for Monroe Board of County Commissioners, to reimburse the Monroe
ty roperty J\ppraiser (the "Agreement") is made and entered into as of
~ , 2003, by and between the Board, and Ervin Higgs, in his capacity as
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 for Breezeswept Beach Estates Municipal Service
Culvert District non-ad valorem assessments and by appropriate resolution
(Resolution 585-2002), amended by Resolution 115-2003and any future amendments
which may occur, 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 assessment
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;
(D) 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, areXministerial;
(G) this Agreement is entered into to allow for the use of the Uniform Method relative to
non-ad valorem assessments imposed and levied by the Board starting in 2003;
(H) the non-ad valorem assessments to which this Agreement applies are being imposed
and levied by the Board for the provision to finance the installation of a culvert under
West Indies Drive and Block 19, Lot 32 of Breezeswept Beach Estates Subdivision;
and
(I) the Board shall reserve the right to utilize the notice provisions of Section 200.069,
Florida Statutes, as amended (the "Truth in Millage Notice") provided that the Board
timely notifies the Property Appraiser of its intention to do so pursuant to Florida
Statutes.
SECTION 1.02. INCORPORATION. The findings, recitals and acknowledgments contained
herein are true, correct and incorporated in this Agreement.
ARTICLE II
SECTION 2.01. PURPOSE. The purpose of this Agreement is for the Board and the Property
Appraiser to establish and agree upon the undertaking of the responsibilities pursuant to Section
197.3632, Florida Statutes, in order for the Board to implement the Uniform Method for the notice,
levy, collection, and enforcement of non-ad valorem assessments; and to provide for reimbursement
by the Board to the Property Appraiser for all necessary administrative and actual costs incurred by
them in such activity.
ARTICLE III
SECTION 3.01. COMPLIANCE WITH LAWS AND REGULATIONS. The parties shall abide
by all statutes, rules and regulations pertaining to the levy and collection of non-ad valorem
assessments, and any ordinance promulgated by the Board, not inconsistent with or contrary to the
provisions of Sections 197.3632 and 197.3635, Florida Statutes, as amended, and any applicable
rules duly promulgated by the Department of Revenue.
ARTICLE IV
SECTION 4.01. DUTIES AND RESPONSIBILITIES OF THE BOARD. The Board shall:
(A) be solely responsible for imposing and levying valid non-ad valorem assessments;
(B) reimburse the Property Appraiser for all necessary administrative and actual
collection costs incurred by the Property Appraiser in providing the information and
cooperation more particularly referenced in Section 4.02 hereof;
(C) make all reimbursement or payment to the Property Appraiser hereunder in
accordance with the Florida Prompt Payment Act, Chapter 278, Part VII, Florida
Statutes, or its successor in function, allowable under ~ 129.07, F.S.;
(D) post the non-ad valorem assessment for each parcel on the non-ad valorem
assessment roll on a manner that such non-ad valorem assessment roll is free of
errors and omissions;
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(E) cause the Mayor of the Board or his or her designee to certify by September 15 of
each calendar year to the Monroe County Tax collector the non-ad valorem
assessment 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 RESPONSIBILITIES 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, reconfigure, 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 Boards 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
(D) provide the Board with a written itemized statement and supporting documentation
of any necessary administrative and actual costs incurred by the Property Appraiser
for which reimbursement is sought.
3
ARTICLE V
SECTION 5.01. TERM. The term of this Agreement shall commence upon the date first above
written and shall run through the final certification of the 2003 tax roll and shall automatically be
renewed thereafter for successive periods not to exceed one year each. However, the Board shall
inform the Property Appraiser and the Department of Revenue by January lOin any calendar year if
the Board intends to discontinue using the Uniform Method of collecting the non-ad valorem
assessments referred to in this Agreement. Such notice shall terminate this Agreement.
IN WITNESS WHEREOF, the Board and the Property Appraiser Delivered this Agreement as of
the date first above written.
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BOARD OF COUNTY COMMISSIONERS,
OF MONROE COUNTY, FLORIDA
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By:
Mayor/Chairman
Witness
MONROE COUNTY PROPERTY APPRAISER
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WItness
By:
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Ervin Higgs
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