HomeMy WebLinkAboutItem #10 Approval of the Intergovernmental Agreement with Orange County Property Appraiser for Use of the Uniform Method to Collect Non-Ad Valorem Assessmentsq kk S k %/�
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AGENDA ITEM COVER SHEET
Meeting Date: August 20, 2013
Item # 10
Contact Name:
Contact Number:
Al Butler
407 - 905 -3100 ext. 1543
Reviewed By:
Department Director:
City Manager:
.,4a7i K.,
Subject: Approval of the Intergovernmental agreement with the Orange County
Appraiser for use of the Uniform Method to collect non -ad v alorem assessments.
Background Summary:
Florida Statutes provide for the Orange County Property Appraiser to support municipalities in applying the
Uniform Method for the notice, levy, collection, and enforcement of non -ad valorem assessments. An
intergovernmental agreement has been developed to facilitate the relationship between the City of Ocoee and
the Orange County Property Appraiser to provide this support in a uniform and reliable manner that complies
with State law and the rules and regulations of the Florida Department of Revenue.
Issue:
Should the City Commission approve the proposed intergovernmental agreement for the notice, levy, collection,
and enforcement of non -ad valorem assessments?
Recommendations
The Support Services Department recommends the City Commission approve the proposed intergovernmental
agreement as the most reliable and cost - effective solution to the notice, levy, collection, and enforcement of
non -ad valorem assessments.
Attachments:
Proposed intergovernmental agreement.
Financial Impact:
The financial impact of the agreement is limited to reimbursement of the annual cost incurred by the Property
Appraiser for all necessary administrative and actual costs incurred. In addition, any non -ad valorem
assessment collected through inclusion with the regular property tax assessment determined by the Property
Appraiser's office will be subject to the normal advance payment discount of up to 4 %.
Type of Item:
(please mark with an 'Y)
Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
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AGREEMENT FOR THE CITY OF OCOEE, FLORIDA TO
REIMBURSE THE ORANGE COUNTY PROPERTY APPRAISER
This Agreement for the City of Ocoee, Florida to reimburse the Orange County
Property Appraiser (the "Agreement ") is made and entered into as of
, 2013, by and between the City of Ocoee, Florida, a political
subdivision of the State of Florida (the "City ") and Rick Singh in his capacity as the
Orange County Property Appraiser (the "Property Appraiser ").
NOW, THEREFORE, in consideration of the mutual promises, covenants,
representations, and agreements contained herein, and other good and valuable
consideration exchanged between the parties, the parties to this Agreement do
undertake, promise and agree for themselves, and their successors as follows:
ARTICLE I
SECTION 1.01. FINDINGS, RECITALS AND ACKNOWLEDGEMENTS. It
is hereby ascertained, determined and declared by the parties that:
(A) the City is authorized to impose non -ad valorem assessments and by
appropriate resolution has expressed its intent to use the uniform method of levy,
collection and enforcement of non -ad valorem assessments as provided in section
197.3632, Florida Statutes, under which assessments are included on an assessment
roll and certified, in a compatible electronic medium tied to the property identification
number, by the City to the Tax Collector for merging with the ad valorem tax roll, for
collection by utilizing the tax notice provisions described in section 197.3635, Florida
Statutes, and for sale of tax certificates and tax deeds under the non - payment
provisions of the ad valorem tax laws (the "Uniform Method ");
(B) the Uniform Method, with its enforcement provisions including the use of
tax sale certificates and tax deeds to collect delinquent annual payments, is less
expensive and more equitable to the delinquent landowner than the traditional lien
foreclosure methodology;
(C) the Uniform Method will provide for more efficient collection by virtue of
the assessment being on the tax notice issued by the Tax Collector and will produce
positive economic benefits to the affected landowners and the City;
(D) the Uniform Method will promote local government accountability;
(E) this Agreement is intended to conform with the requirement of section
197.3632, Florida Statutes, that the City and the Property Appraiser enter into a written
agreement providing for reimbursement of necessary administrative and actual costs
incurred as a result of the use of the Uniform Method; such administrative and actual
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costs include, but are not limited to those costs associated with personnel, forms,
supplies, data processing, computer equipment, postage and programming;
(F) the duties of the Property Appraiser under section 197.3632, Florida
Statutes, are ministerial;
(G) this Agreement is entered into in order to allow for the use of the Uniform
Method relative to non -ad valorem fire protection special assessments imposed and
levied by the City under Ordinance ( "the Fire Protection Assessment
Ordinance "), as it may be amended from time -to -time;
(H) the non -ad valorem assessments to which this Agreement applies are
being imposed and levied by the City for the provision of fire protection services.
SECTION 1.02. INCORPORATION. The findings, recitals and
acknowledgements contained herein are true, correct and incorporated in this
Agreement.
ARTICLE II
SECTION 2.01. PURPOSE. The purpose of this Agreement is for the City,
and the Property Appraiser to establish and agree upon the undertaking of the
responsibilities pursuant to section 197.3632, Florida Statutes, in order for the City
Commission to implement the Uniform Method for the notice, levy, collection, and
enforcement of non -ad valorem assessments; and to provide for reimbursement by the
City to the Property Appraiser for all necessary administrative and actual costs incurred
by them in such activity.
ARTICLE III
SECTION 3.01. COMPLIANCE WITH LAWS AND REGULATIONS. The
parties shall abide by all statutes, rules and regulations pertaining to the levy and
collection of non -ad valorem assessments, and any ordinance promulgated by the City,
not inconsistent with, nor contrary to, the provisions of sections 197.3632, 197.3635,
Florida Statutes, as amended, and any applicable rules duly promulgated by the
Department of Revenue.
ARTICLE IV
SECTION 4.01. DUTIES AND RESPONSIBILITIES OF THE CITY. The City
nomil
(A) be solely responsible for imposing and levying valid non -ad valorem
assessments;
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(B) reimburse the Property Appraiser for all necessary administrative and
actual costs incurred by the Property Appraiser in providing the information and
cooperation more particularly referenced in Section 4.02 hereof;
(C) make all reimbursement or payment to the Property Appraiser hereunder
in accordance with the Florida Prompt Payment Act, Chapter 278, Part VII, Florida
Statutes, or its successor in function;
(D) post the non -ad valorem assessment for each parcel on the non -ad
valorem assessment roll in a manner that such non -ad valorem assessment roll is free
of errors and omissions;
(E) cause the Mayor, or his or her designee, to certify, by September 15 of
each calendar year, to the Tax Collector, the non -ad valorem assessment roll on
compatible medium, tied to the property parcel identification number, in a manner that
conforms to the format of the ad valorem tax roll submitted by the Property Appraiser to
the Department of Revenue;
(F) designate and authorize a person, other than the Property Appraiser to
receive and process any request for changes, modifications or corrections to the subject
non -ad valorem roll and, if necessary, file with the Orange County Tax Collector an
appropriate certificate of correction; and
(G) cooperate with the Property Appraiser to implement the Uniform Method of
notice, levy, collection and enforcement of each of the subject non -ad valorem
assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197,
specifically sections 197.3632 and 197.3635, Florida Statutes, as amended.
SECTION 4.02. DUTIES AND RESPONSIBILITIES OF THE PROPERTY
APPRAISER. The Property Appraiser shall:
(A) annually by June 1 provide the City with at least the following information
by compatible electronic medium: (1) the legal description of the property affected by
the levy, (2) the names and addresses of the owners of such property, (3) the property
identification number of each parcel in a manner that conforms to the format of the ad
valorem roll submitted to the Department of Revenue, and (4) any other information
reasonably needed by the City to create, recompute, reconfigure, revise, correct or
otherwise formulate the non -ad valorem assessment rolls;
(B) although the Property Appraiser is not required by law to submit
information other than items (1), (2) and (3) in paragraph (A) of this section, the
Property Appraiser shall make reasonable efforts to assist and accommodate the City's
creation of a non -ad valorem assessment roll;
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(C) cooperate with the City and the Tax Collector to implement the Uniform
Method of notice, levy, collection and enforcement of the subject non -ad valorem
assessment roll, pursuant to, and consistent with, all the provisions of Chapter 197,
specifically sections 197.3632 and 197.3635, Florida Statutes, as amended; and
(D) provide the City with a written itemized statement of any necessary
administrative and actual costs incurred by the Property Appraiser for which
reimbursement is sought.
ARTICLE V
SECTION 5.01. TERM. The term of this Agreement shall commence upon
the date first above written and shall run through the end of the calendar year and shall
automatically be renewed thereafter, for successive periods, not to exceed one year
each. However, the City shall inform the Property Appraiser and the Department of
Revenue by January 10 in any calendar year the City intends to discontinue using the
Uniform Method of collecting the non -ad valorem assessments referred to in this
Agreement.
IN WITNESS WHEREOF, the City and the Property Appraiser have executed
and delivered this Agreement as the date first above written.
APPROVED:
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
This day of , 20_
SHUFFIELD, LOWMAN & WILSON
City Attorney
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADOPTED THIS DAY OF
, 20
UNDER AGENDA ITEM NO. _
rd
WITNESSES:
ORANGE COUNTY
PROPERTY APPRAISER
Rick Singh
F:AGENERAL DATA \WPDATA \PROJECTS \OCOEE \13103 \PROPERTY APPRAISER AGREEMENT-0715 13.DOCX