R01-318RESOLUTION NO. R 01 - ~ !8
~,A RESOLUTION OF TI-~E CITY COMMISSION OF TF[E
CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE AN INTER_LOCAL
AGREEMENT BETWEEN THE CITY OF BOYNTON
BEACH AND PALM BEACH COUNTY, PROPERTY
APPRAISER, PROVDING FOR THE COLLECTION
AND ENFORCEM~ENT OF NON-AD VALOREM
ASSESSMENTS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, staff has recommended approval of an Interlocal Agreement
~etween the City of Boynton Beach and Palm Beach County Property Appraiser for the
:ollection of its non-ad valorem assessments pursuant to the uniform method for the levy,
:ollection and enforcement of non-ad valorem assessments as provided for in Section
197.3632 Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
)F THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The Mayor and City Clerk are hereby authorized to execute an
[uterlocal Agreement between the City of Boynton Beach and Palm Beach County
Property Appraiser, which Agreement is attached hereto as Exhibit "A".
Section 2. That this Resolution shall become effective immediately upon
~assage.
~TTEST:
PASSED AND ADOPTED this ~ day of December, 2001.
CITY OF BOYNTON BEACH, FLORIDA
,Commissi°ner
Commissioner
The City of
Boynton Beach
City Clerk's Office
I00 E. Boynton Beach Boulevard
P.O. Box
Boynton Beach. Florida 33425-0310
561 742-6060
FAX: 561 742-6090
December 28, 2001
GARY R NIKOLITS
PALM BEACH COUNTY PROPERTY APPRAISER
PROPERTY APPRAISAL OFFICE
301 lq OLIVE AVENUE
5TM FLOOR
WEST PALM BEACH FL 33401
A'I-rENT~ON:
MR. KEN WONG
Dear Mr. Wong:
Attached hereto are two (2) partially executed original agreements that were approved by the City
Commission of the City of Boynton Beach at its meeting on December 4, 2001 for the collection of non-ad
valorem assessments pursuant to the uniform method for levy, collection and enforcement of non-ad
valorem assessments. This agreement was approved as an attachment to Resolution No. P,01-318 (copy
attached.)
Pie,ase return one fully, executed document to the Cib/Clerk's Office for our records. If I can be of any
fu~her Service, please do not hesitate to contact me.
Very truly yours,
CITY OF BOYNTON BEACH
City Clerk
Attachments
c: Diane Reese, Central File
~An Equal O~,portun'tv/A~'rmatlve Action/ADA Employer'
AGREEMENT
THIS AGREEMENT made and entered into ttxis ~ day of ~.~(, 2001 , by and
between Gary R. Nikolits, as Palm Beach County Property Apprmser (the "Appraiser"), and
Bovmon Beach , hereinafter "Local Govermnent',
WHEREAS, Local Government has elected under Section 197.363(1), Florida Statutes, for
the collection of ks 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
WHEREAS, the Appraiser and Local Government are required to enter into an agreement
pursuant m Section 197.3632(2), Florida Statutes, for the Appraiser to provide the Local
Govemmem 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 tree and correct.
2. The Appraiser is entering into this Agreement without any determination that Local
Government is qualifted to collect its non-advalorem assessments by the uniform method, and Local
Govemmem will indemnify and hold the Appraiser harmless from any challenge thereto.
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, 2002.
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, 2002.
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, 2002 certification date for Local Government to reflect the changes to the assessment
roll between said date and June 1, 2002.
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 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 & I's). 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 terminatedby either oftheparties. This Agreementmaybe terminated at any timeby the Local
Government upon written notice to the Appraiser and payment for all servmes provided 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-advalorem 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.
1N WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute
this Agreement on the date first written above.
Local Government
Gary R. Nikolits, as Palm Beach
County Property Appraiser
wCagreemnt.wpd