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HomeMy WebLinkAboutR-99-0432J-99-548 6/14/99 RESOLUTION NO. 9 9 r 432 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 a 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. �ATTACKMENT (S)I CONi,�3NED J U N 2 2 i999 Resolution No, _99- 43� ------------ of Proposed Property Taxes and Proposed or Adopted Nan -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 Y PASSED AND ADOPTED this 22nd day of June JOE CAROLLO, MAYOR 1999. In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place l ld feo, sa':d logisiatiDrf no%�j becomes effective with the elapse of ten (10) days fro he date of Comm' icn acticn regarding same, without the Mayor exercisipg a,hetoL ATTEST: WALTER J. FOEMAN CITY CLERK AP CORRECTNESSTV AL DRO-VILARELLO CI ATTORNEY 537:RCL , City Clerk lr 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. 2 - 99- 432 a Jun-08-99 11:15 P.02 Intergovernmental Cooperation Agreement by and among Miami -Dade County and The City of Miami TIiIS INTERGOVERNMENTAL COOPERATION AGREEMENT (the "Agreement") made and entered into as of the ___ day of June, 1999, by and. among Miami -Dade County ("County"), Florida, and the City of Miami (the "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 for Fiscal Year 1999- 2000. 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. 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 non ad -valorem assessment. 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 for Fiscal Year 1999-2000 in the notice specified in Section 200.069 Fla. Stat., as amended. 99- 432 Jun-08-99 11:16 P.03 NOW, THEREFORE, for good and valuable consideration, and intending to be legally bound hereby, the County and the City agree as follows: 1. The City's request to place its proposed non -ad valorem assessments for fire -rescue services and facilities and solid waste service, and facilities for Fiscal Year 1999-2000 on the notice of proposed or adopted non -ad valorem assessments as specified in Section 200.069 Fla. Stat. as amended, is granted by the County's Property Appraiser. 2. County Agrees. The County, through the Property Appraiser's office shall place the City's non -ad valorem special assessments for fire -rescue services and facilities and solid waste services and facilities for Fiscal Year 1999-2000 on the FY 99-00 "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. 3. City Agrees. The City shall pay all costs associated with the placement of the City's non -ad valorem special assessments for fire -rescue services and facilities and solid waste services and facilities for Fiscal Year 1999-2000 on the "Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments" actually incurred by the County and the Property Appraiser. 3. Duration of this Agreement. This Agreement shall take effect upon signing and shall extend until the City notifies the County in writing that it no longer intends to place proposed or adopted non -ad valorem assessments on the notice specified in Section 200.069 Fla. Stat. as amended. 99- 432 Jun-o8-99 11:16 P.o4 4. 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. 5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 6. 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. 7. 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 Comissioners. 8. 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. 9. 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. 10. Complete Agreement. This document shall represent the complete agreement of the parties 99- 432 Jun-08-99 11:16 P.05 IN WITNESS 'WHEREOF, the parties hereto execcite this Agreement, and they affirm that they have the power to do so on behalf of the City and the County. DONALD H. Warshaw City Manager MERRITT STEIRHEIM County Manager 99- 432 W CITY OF MIAMI, FLORIDA 12 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Member of the Citv Commission FROM: �onald H. Wars aw City Manager RECOMMENDATION DATE: FILE JUN 1 4 1999 FM-030.doc Authorize Intergovernmental SUBJECT: Cooperation Agreement re TRIM Notice Dept. of Fire -Rescue REFERENCES:Commission Meeting 6/22/99 ENCLOSURES: Resolution 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 1999-2000 "Notice of Proposed Property Taxes and Proposed or Adopted Non -Ad Valorem Assessments," commonly referred to as the TRIM (truth in millage) Notice. 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. 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. DHW/CAG I,K/WB/csk FM.030.doc 99- 4 �2