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Home My WebLink AboutR-02-0538.4J-02-465 5/1/02 RESOLUTION NO. 02-538.4 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH MIAMI-DADE COUNTY TO GRANT THE CITY OF MIAMI'S REQUEST FOR THE PROPERTY APPRAISER TO INCLUDE NON -AD VALOREM ASSESSMENTS FOR FIRE -RESCUE SERVICES AND FACILITIES AND SOLID WASTE SERVICES AND FACILITIES ON THE "NOTICE OF PROPOSED PROPERTY TAXES AND PROPOSED OR ADOPTED NON -AD VALOREM ASSESSMENTS," COMMONLY REFERRED TO AS THE TRIM NOTICE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorized to enter into an Intergovernmental Cooperation Agreement, in substantially the attached form, with Miami -Dade County to grant the City of Miami's request for the property appraiser to include non -ad valorem assessments for fire -rescue services and facilities and solid waste services and facilities on the "Notice of Proposed Property Taxes and Proposed or Adopted Non -A Valorem Assessments," commonly referred to as the Trim Notice. CITY CovMISSION rh£ETIG 2002 Resolution 1P• 02- 8.4 Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor Y PASSED AND ADOPTED this ATTEST: PRISCILLA A. THOMPSO CITY CLERK CITY TTORNEY Ty 9th day of May , 2002. FORM P,21 CORRECTNESS i MANUEL A. DIAZ, ':JO - 1� If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon Override of the veto by the City Commission. Page 2 of 2 02--!5 8.4 Intergovernmental Cooperation Agreement by and among Miami -Dade County and The City of Miami THIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the "Agreement") is made and entered into as of the day of , 2002, by and among Miami - Dade County (hereinafter referred to as "County"), Florida, and the City of Miami (hereinafter referred to as "City"), Miami -Dade County, Florida. WITNESSETH WHEREAS, the City intends to adopt non -ad valorem assessments for fire services and facilities and solid waste services and facilities annually; and WHEREAS, the City, the Tax Collector and the Property Appraiser must enter into a written agreement evidencing the Tax Collector and the Property Appraiser's agreement to place the City's proposed non -ad valorem assessments on the tax bill; and WHEREAS, the City has utilized and intends to continue utilizing the uniform method of collection, as outlined in Section 197.3632 Fla. Stat., as amended, for the fire and solid waste non ad -valorem assessments; and WHEREAS, the City has requested that the property appraiser include the City's proposed or adopted non -ad valorem assessments for fire services and facilities and solid waste services and facilities in the notice as specified in Section 200.069 Fla. Stat., as amended; NOW, THEREFORE, for good and valuable consideration, and intending to be legally bound hereby, the County and the City agree as follows: I . The City's request to place its proposed non -ad valorem assessments for fire services and facilities and solid waste services and facilities on the notice of proposed or adopted non -ad valorem assessments as specified in Section 200.069 Fla. Stat. (2001), as amended, is granted. 2. The City's request to place its adopted non -ad valorem assessments for fire services and facilities and solid waste services and facilities on the "Notice of Ad Valorem Taxes and Non -ad Valorem Assessments" as specified in Section 197.3635 Fla. Stat. (2001), as amended, is granted. 3. County Agrees. The County shall place the City's non -ad valorem special assessments for fire services and facilities and solid waste services and facilities on the "Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments," as specified in Section 200.069 Fla. Stat. as amended, commonly referred to as the "Trim" notice. 4. County Agrees. The County shall place the City's non -ad valorem special assessments for fire services and facilities and solid waste services and facilities on the tax notice as specified in Section 197.3635 Fla. Stat. (2000), as amended, commonly referred to as the "tax bill." 5. City Agrees. The City agrees that the County shall be entitled to retain the actual costs of collection, not to exceed 2 percent, of the amount of special assessments collected and remitted. 6. Duration of this Agreement. This Agreement shall take effect upon signing and shall extend to the collection of special assessments for each Fiscal Year Page 2 of 4 commencing October 1, 2001 until cancelled by either party pursuant to paragraph 10 herein. 7. Severability of the Provision in this Agreement. The provisions of this Agreement are intended to be severable. If any provision of this Agreement shall be held to be invalid or unenforceable in whole or in part, such provision shall be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability of the remaining provisions of this Agreement. 8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 9. Amendments or Modifications of this Agreement. It is anticipated by the parties that the terms and conditions of this agreement will be periodically amended or modified. Such amendments or modifications must be in writing and must be duly executed by all parties to this Agreement. 10. Cancellation. This Agreement may be cancelled by either party upon (30) days written notice to the other party. 11. Binding Effect. This Agreement shall be binding upon and enforceable against any successors of each respective party, including but not limited to, successive City Managers, County Managers, City Commissioners, and County Commissioners. 12. Intent to be Legally Bound. By signing this Agreement, the parties hereto confirm and state that they have carefully read the Agreement, that they know the Page 3 of 4 02-538,4 contents thereof, that they fully expect to carry out each and every provision, and that they intend to be legally bound by the rights and obligations set forth herein. 13. Headings. The headings for each paragraph in this Agreement are for the purposes of reference only and shall not limit or otherwise affect the meaning of any provision. 14. Complete Agreement. This document shall represent the complete agreement of the parties. IN WITNESS WHEREOF, the parties hereto execute this Agreement, and they affirm that they have the power to do so on behalf of the City and the County. ATTEST: CITY OF MIAMI a Florida municipal corporation itz PRISCILLA A. THOMPSON, City Clerk Approved as to form and correctness: an ALEJANDRO VILARELLO City Attorney ATTEST: LE HARVEY RUVIN, County Clerk ME CARLOS A. GIMENEZ City Manager MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS M- Page 4 of 4 STEVE SHIVER County Manager 02-r-38.4 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and DATE: Members of the City Commission SUBJECT: FR M: Carlos A. imenez REFERENCES City Manager ENCLOSURES: RECOMMENDATION 23A APR 3 0 2002 FILE: FM-049.doc Proposed Resolution: Authorize Entering Into an Intergovernmental Cooperation Agreement re TRIM Notice Resolution It is respectfully recommended that the attached Resolution authorizing the execution of an Intergovernmental Cooperation Agreement between the City of Miami and Miami -Dade County ("Agreement") be adopted. The Agreement authorizes the property appraiser to include the City of Miami's non -ad valorem assessments for solid waste services and facilities and fire -rescue services and facilities on the "Notice of Proposed Property Taxes and Proposed or Adopted Non - A Valorem Assessments," commonly referred to as the TRIM notice. BACKGROUND Adoption of the above -reference Resolution and execution of the Agreement will allow the City of Miami to include special assessments for solid waste services and facilities and fire services and facilities on the TRIM Notice for this fiscal year. The County is requiring the execution of a new and separate agreement for each fiscal year that the City intends to collect special assessments using the uniform method of collection, i.e. tax bill. In consideration for such inclusion, the City will pay the County the actual costs of collecting the special assessments. Per statute, the amount paid to the County shall not exceed 2 percent of the special assessments collected and remitted. Placing the special assessments on the tax bill increases the amount of revenues collected while significantly reducing the City's cost of collecting the assessments. Fiscal Impact: None. CAG/WWBLK/TF/jam FM.049.doc 02-538.4