R03-192
II
RESOLUTION NO. R03- ~ q 2-
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, APPROVING
THE AMENDMENT TO THE AGREEMENT WITH PALM
BEACH COUNTY PROPERTY APPRAISER;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT TO THE AGREEMENT BETWEEN THE
CITY OF BOYNTON BEACH AND PALM BEACH
COUNTY PROPERTY APPRAISER; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Amended Agreement with Palm Beach County Property Appraiser
increases the Administrative Fee charge pursuant to Section 197.363(1) Florida Statutes from
the existing fee of$IOO to $150 per year, for the collection of its non-ad valorem assessments
pursuant to the uniform method for levy, collection and enforcement of non-ad valorem
assessments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1.
The City Commission of the City of Boynton Beach, Florida does
hereby authorize and direct execution of the Amended Agreement between the City and Palm
Beach County Property Appraiser, a copy of said Agreement is attached hereto.
Section 2.
This Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this ~ day of December, 2003.
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CITY OF BOYNTON ~EACH, FLORIDA
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Constantine Dino Maniotis, CFE
Tax Roll Coordinator
301 North Olive Avenue, 5th Floor
West Palm Beach, Florida 33401
(561)355-2681 Fax: (561)355-3963
Email: dmaniotl@co.palm-beach.f1.us
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Gary R. Nikolits, CFA
Palm Beach Cou nty
Property Appraiser
September 23, 2003
Ref: Administrative Fee Increase
Ms. Diane Reese, Finance Director
City of Boynton Beach
100 E. Boynton Beach Blvd.
Boynton Beach, FL 33425
Dear Diane:
In the past you have contracted with the Property Appraiser to provide you with information
outlined in Section 197.3632(3)(b), Florida Statutes. Pursuant to that agreement you were charged
an administrative service fee of$1 00.00 per year. Our office has recently completed an audit of our
costs provided by the information technology services. As a result, our findings and personnel have
indicated our need to raise the existing fee :from $100.00 per year to $150.00 per year which has not
been increased since 1991.
Enclosed please find two copies of the amended agreement which reflects this new
administrative service cost. Please execute both copies and return it to our office, one set with Mr.
Nikolits' signature will be returned to you for your files. Please be advised that the Property
Appraiser is giving timely notice that he is terminating the existing agreement with you pursuant to
paragraph 5.
If you have any questions or concerns about this, please do not hesitate to contact me.
Constantine Dino M
Tax Roll Coordinator
The CitQ at Botlntan Beach
err
December 11, 2003
CitlJ Clerk's Office
100 E BOYNTON BEACli BLVD
BOYNTON BEACli FL 33435
(561) 742-6060
FAX: (561)742-6090
e-mail: prainitoj@ci.bolJnton-beachll.us
www.boynton-beach.org
Mr. Constantine Dino Maniotis, CFE
Palm Beach County Tax Roll Coordinator
301 N. Olive Avenue, 5th Floor
West Palm Beach, FL 33401
RE: RESOLUTIOM #R03-192 - NON -AD VALOREM ASSESSMENTS
Dear Mr.Maniotis:
Attached please find a copy of the above mentioned resolution and two original
agreements that were approved by our City Commission at the Regular City
Commission meeting held on December 2, 2003. Please return one original signed
agreement to me for our files.
If you have any questions pertaining to this please do not hesitate to contact me.
Sincerely,
CITY OF BOYNTON BEACH
Yn.
NET M. PRAINITO, CMC, CITY CLERK
C: Diane Reese, Finance Director
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America's Gateway to the Gulfstream
RD3- Iq2
AMENDED AGREEMENT
THIS AGREEMENT made and entered into this 23rd day of Stn>tember , 2003, by and
between Gary R. Nikolits, as Palm Beach County Property Appraiser (the "Appraiser"), and
City of Bovnton Beach , hereinafter "Local Government",
WHEREAS, Local Government has elected under Section 197.363(1), Florida Statutes,
for the collection of its non-ad valorem assessments pursuant to the uniform method for the levy,
collection and enforcement of non-ad valorem assessments as provided for in Section 197.3632,
Florida Statues, and Local Government's adoption of your Resolution; and
WHEREAS, the Appraiser and Local Government are required to enter into an agreement
pursuant to Section 197.3632(2), Florida Statutes, for the Appraiser to provide the Local
Government with the information outlined in Section 197.3632(3)(b), Florida Statutes; and
WHEREAS, Chapter 92-264, Laws of Florida was enacted to provide that non-ad
valorem assessments be set forth in the Notice of Proposed Property Taxes for Palm Beach
County;
NOW, THEREFORE, in consideration of the following covenants, conditions and
promises the parties agree as follows:
1. The above representations are true and correct.
2. The Appraiser is entering into this Agreement without any determination that Local
Government is qualified to collect its non-ad valorem assessments by the uniform method, and to
the extentpermitted by law, Local Government will indemnify and hold the Appraiser harmless
:from any challenge thereto, subject to the provisions of Florida Statute 768.28 relating to
sovereign immunity.
3. The Appraiser will provide to Local Government the information described in Section
197.3632(3)(b), Florida Statutes, in compatible electronic medium by June 1.2003.
4. Local Government in levying and collecting non-ad valorem assessments pursuant to
Section 197.3632, Florida Statutes, will provide to the Appraiser the assessment rate expressed in
dollars and cents per unit of assessment, the associated assessment amount and the purpose of the
assessment, extended against each parcel within the boundaries of Local Government in
compatible electronic medium prior to August 1. 2003.
5. The Appraiser will utilize the information provided by the Local Government pursuant
to paragraph 4 herein in preparing the Notice of Proposed Property Taxes pursuant to Section
200.069, Florida Statutes, and, in addition to the information required in the Notice required by
Section 200.069, Florida Statutes, the Appraiser shall include the non-ad valorem assessment
levied pursuant to Section 197.3632, Florida Statutes, as separate, itemized entries.
6. Additionally, the Appraiser agrees to make available to Local Government an
additional list of the information described in Section 197.3632(3)(b), Florida Statutes, shortly
before the September 15.2003 certification date for Local Government to reflect the changes to
the assessment roll between said date and June 1. 2003.
7. In return for the providing of the information as outlined in Paragraphs 3 and 6, Local
Government agrees to reimburse the Appraiser, in accordance with Section 197.3632(2), Florida
Statutes, for the necessary administrative costs, as described in exhibit' A', incurred in providing
the information.
8. The parties recognize the Appraiser processes changes to the assessment roll through a
procedure known as Errors and Insolvencies (E & rs). The Appraiser agrees to provide a copy of
each E & I processed to Local Government. The parties recognize Local Government has a
process to make changes on its assessment roll. Local Government agrees to provide the
Appraiser with information in written form, of any changes it makes.
9. This agreement shall automatically be extended hereafter, from year to year, unless
and until terminated by either of the parties. This Agreement may be terminated at any time by
the Local Government upon written notice to the Appraiser and payment for all services provided
Exhibit 'A'
Non Ad Valorem - Cost Summary "
The following is a summary of costs which this office will assess to each district that
utilizes the uniform method of collection. All costs will be assessed on an annual basis
at the end of each Tax Roll cycle. These costs are subject to change, and if a change
is to be made the Non Ad Valorem districts will be notified of that change at the
beginning of the Tax Roll cycle.
(A) New unit development: This cost covers mapping function and data entry. It occurs
when the new district is created and any subsequent annexations or modifications.
Cost per parcel within the new unit = $.75/parcel
(8) Administrative services: This fee covers administrative costs and services, it is
assessed to each district annually until the cancellation of the Agreement.
Administrative services = $150.00/district per year
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Rev. 09/24/03
under this Agreement through the date of termination. This Agreement may be terminated at any
time by the Appraiser upon written notice to the Local Government; however, notice given by the
Appraiser after January 1 and prior to October 1, shall be effective only following completion of
certification of that year's non-ad valorem tax roll. Upon cancellation of the Agreement by the
Appraiser, the Local Government shall reimburse all outstanding bills to the Appraiser within a
reasonable time.
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby
execute this Agreement on the date first written above.
Local Government
BY~
K.u,Q.T "'Bre eSr'\er
c.,",-; MA~er
C.i-\.'i ()f -e,OoofnTo.: ~PteH
J~
Gary R. Nikolits, as Palm Beach
County Property Appraiser
Attest:
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Rev. 09/24/03