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Home My WebLink AboutR-00-0542J-00-528 6/5/00 RESOLUTION NO. 041 - 51.4 � A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN INTERGOVERNMENTAL COOPERATION AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WHICH REQUESTS AND AUTHORIZES THE PROPERTY APPRAISER TO INCLUDE THE CITY OF MIAMI 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; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURPOSE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is hereby authorized" to enter into an Intergovernmental Cooperation Agreement, in substantially the attached form, with Miami -Dade County authorizing the property appraiser to include the City of Miami non -ad valorem assessments for fire -rescue services and facilities and solid waste services and facilities on the "Notice �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. !?A1E CONTAINED CITy, COAMSSION MEXTING OF JUN 2 9 2000 iw'6Q Li= NO. of Proposed Property Taxes and Proposed or Adopted Non -A Valorem Assessments," commonly referred to as the trim notice. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2/ PASSED AND ADOPTED this 29th day of June 1 2000. JOE CAROLLO, MAYOR 94triaccordance with Miami Code Soo, 2.16, sines the M4116F Old WWiAp 'Uff I I " !@ pp, legislation by signing it In the designated place 'd d leg ..,.�Tpvil,e , said t a tomes effective with the elapse of - n (10) days; . , a dad - !�foOd mWft same, without the Mayr orcising re A v go ATTEST: WALTER J. FOEMAN CITY CLERK /Y ATTORNEY W4474:GKW:RCL AND CORRECTNESS: —calk tl 2/ 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. - 5420 Page 2 of 2 nV, 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 May, 2000, 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 -rescue 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 -rescue 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 -rescue 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: 0U- 5426 I . The City's request to place its proposed non -ad valorem assessments for fire -rescue 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. (1999), as amended, is granted. 2. The City's request to place its adopted non -ad valorem assessments for fire -rescue 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. (1999), as amended, is granted. 3. County Agrees. The County shall place the City's non -ad valorem special 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," 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 -rescue services and facilities and solid waste services and facilities on the tax notice as specified in Section 197.3635 Fla. Stat. (1999), 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, on 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 commencing October 1, 2000 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 -2- UUr- 5412 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 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. parties. 14. Complete Agreement. This document shall represent the complete agreement of the -3- O- 5 2 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 Municipal Corporation of the State of Florida By: By: WALTER J. FOEMAN, CARLOS A. GIMENEZ City Clerk City Manager Approved as to form and correctness: ALEJANDRO VILARELLO City Attorney ATTEST: MIAMI-DADE COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS By: By: HARVEY RUVIN, MERRITT STEIRHEIM County Clerk County Manager -4- +- 52 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Honorable Mayor and FM-122.doc TO: Members of the City Commission FROM: City er r�" RECOMMENDATION DATE: Authorize Intergovernmental FILE: Cooperation Agreement re TRIM Notice SUBJECT: Dept. of Fire -Rescue REFERENCES: Commission Meeting 6/29/00 ENCLOSURES: It is respectfully recommended that the attached Resolution be adopted approving the execution of an Intergovernmental Cooperation Agreement between the City of Miami and Miami -Dade County ("Agreement") which authorizes the property appraiser to include the City of Miami non -ad valorem assessments for fire rescue services and facilities and solid waste services and facilities on the FY 2000- 2001 "Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments," commonly referred to as the TRIM (truth in millage) Notice and for subsequent Fiscal Years until either party cancels the Interlocal Agreement. BACKGROUND Adoption of the above Resolution and execution of the Agreement will allow the City of Miami to include special assessments for fire rescue services and facilities and solid waste services and facilities on the TRIM Notice until either party cancels this agreement. In consideration for such inclusion, the City will pay only for the cost incurred for such placement. The City will also realize a substantial savings by using this form of notice. CAG/ q//MLK/TF/mgr FM.030.doc 00— 54-2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Carlos A. Gimenez June 1 2000 To : City Manager DATE: Q ,_! ( PH 1j: 9 Z FROM: William . Bryson, Acting Chief Department of Fire -Rescue SUBJECT: Fire Assessment Fee Inter - Local Agreement with REFERENCES: Miami -Dade County ENCLOSURES: The attached memorandum has been prepared to place an item on the June 29, 2000 City Commission Agenda for consideration by the City Commission regarding the Fire Assessment Fee Interlocal with Miami -Dade County. However, Attorney George Wysong is in the process of negotiating the Interlocal Agreement and preparing the legislation for this item. Please indicate below your approval to hold a slot for this item in the June 29, 2000 City Commission Agenda pending the Draft Agreement and completed legislation. D' Approval• Date: 6 1 D0 as WWB/MLK/TF/mgr 00- 542