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HomeMy WebLinkAboutItem #16 Agmt. with Orange County Tax Collector for Placement of Solid Waste & Stormwater Fees C.enter of Good l.il-' .. AGENDA ITEM COVER SHEET Meeting Date: May 2, 2006 Item # llo ~ Contact Name: Contact Number: T onya Elliott 6003 Reviewed By: Department Director: City Manager: Subject: Agreement With Orange County Tax Collector for placement of Solid Waste And Stormwater Fees On The Orange County Tax Roll. Background Summary: City Conunission has formerly approved Resolutions 2006-002 and 2006-00:1 to place the Residential Solid Waste and Stormwater Utility Fees on the Orange County Tax roll by authorizing the utilization of a mtifonn method of collection of non-advalorem assessments. This Agreement between the City and the Orange ComIty Tax Collector details the terms of the Agreement for the assessment. enforcement. and compensation for the administrative costs incurred by Orange County Ta'\: Collector. Issue: Should the City COllunission approve the agreement with the Orange County Tax Collector? Recommendations Staff respectfully requests that City Commission approve the agreement with the Orange County Tax Collector as part of the process for placing solid waste and stormwater utility fees on the annual tax roll. Attachments: Agreement with Orange County Tax Collector Financial Impact: n/a Type of Item: o Public Hearing o Ordinance First Reading o Ordinance Second Reading o Resolution 181 Commission Approval o Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's DeDt Use: 181 Consent Agenda o Public Hearing o Regular Agenda 181 o Reviewed by City Attorney Reviewed by Finance Dept Reviewed by ( ) o N/A o N/A o N/A Cit,- l\lanager Robert Frank Commissioners Gan- Hood. District 1 Scott Anderson. District 2 Rusty .Johnson. District :3 .Joel F. Keller. District 4 Mayor S. Scott Vandergrift STAFF REPORT TO: The Honorable Mayor and City Commissioners FROM: Tonya Elliott, Assistant Director of Public Works DATE: April 24, 2006 RE: Agreement with Orange County Tax Collector to place Solid Waste and Stormwater Fees on the Orange County Tax Roll ISSUE Should the City Commission approve the agreement with the Orange County Tax Collector to place the Solid Waste and Stormwater Utility Fees on the annual tax rolls? BACKGROUNDIDISCUSSION City Commission has formerly approved Resolutions 2006-002 and 2006-003 to place the Residential Solid Waste and Stormwater Utility Fees on the Orange County Tax roll by authorizing the utilization of a uniform method of collection of non-advalorem assessments. This Agreement between the City and the Orange County Tax Collector details the terms of the Agreement for the assessment, enforcement, and compensation for the administrative costs incurred by Orange County Tax Collector. RECOMMENDATION Staff respectfully requests that City Commission approve the agreement with the Orange County Tax Collector to place the solid waste and stormwater utility fees on the tax roll; and authorize the Mayor and City Clerk to execute the Agreement. .. _..... ....,.......&. YO"" ARTICLE I Purpose The Purpose of this Agreement is to establish terms and conditions under which the Tax Collector shan collect and enforce the collection of those certain non-ad valorem as&eS$mmts levied by the Local Governmeot to include compensation by the Local Govemment to the Tax Co11ectorpursuant to Section 197.3632(8)(<<:). Florida Statutes, for my C'O&ts involved in separate mailings because of DO.n ntergcr of any non-ad valorem assessment ron ee certified by the Local Gov~t, pursuant to Section 197.3632(7), Florida. Statutes; and the necessary administrative costs. including but not limited to, thoce ll:'lOOciated 'With jjel.'$OMe1, forms. supplies, data processing. computer equipment, postage and programming which attend all oftbe collection and enforcement duties imposed upon the Tax Collector by the UDifonn Collection Method, as provided in Section 191.3632(2), Florida Statutes. ARTICLE II Tenn The Terms oftb.is Agreement shan commence on November I, 2006, and shaH ran through October 31,2001; the date of signature of the parties notwithstanding, and shaJl automatically be renewed thereafter for successive periods., not to exceed one (l) year each. unless the parties hereto, prior to said date, have negotiated and executed a subsequent written agreement providing for the continuation of such collection by the Tax Collector, under such terms and conditicma as may then be imposed by the Tax CoUector. However. the Local Govemm.ent chall inform. the Tax Collector. .. wen lIS the Orange County Propeny Appraiser lIDd the Fiorida Depa.rImem of Revenue. by January 10, in my calendar year the Lc>cal Government intends to diBeontinue using the Uniform Collection Method ofcot1ecting the non-ad valorem uleS8ments tefem:4i to in this Agreement. ARTICLE III Compliance wlCf>> LIWS ad .ReculaUou The parties sha11 abide by all statutes, rules and regulations pertaining to the revy and cotIemoo. of non-ad valorem ssstBsrnen1s by the State of Florida, and anyordirwu:es pmmu'gatecl by the Looa1 Gcverr.ment not inconsistent with, nor contrary to, the provisiOl1& ofSeetiol! 197.3632, Florida Statutes, and Section 197.3635, Florida Statutes, and an)' !lnhlequent amcmdments to said statutes, and my mJcs duly promwgated pm'lI'..wtt to these sta:tu.i.es by me Department ofRcwenue, rC"l'UJ..:.. VV"2:/VV( l'ax ::server ARTICLE IV Datta ud R.espusfbilities of the Loeal Governmeat The Local Government a~. covenants and oon~ to: (a) Be solely responsible for imposing and levying valid non-ad 'Valorem. assessments. (b) Indemnify and hold the Tax Collector hannless fIom any end aU claims, liability, loss, damage. expense, suits,j~ counsel fees ad/or costs relating to any imposition or levy by the Local Goveu!.We!lt here-uond;!;f. provided., however, that the IAca1 Government does not by the provisions hereof waive any immunities 110m or def~ to liability provided under Florida law, including. without limitation, sovereign immunity. (0) Compensate the Tax Collector pursuant to Section 197 .3632(8Xc), Florida Statutes, as opted by the Tax Collector on an amruaJ basis during the term of this Agreement. (d) Reimburse the Tax Conector fur necessary costs for the co1lecticm and enforcement of the applicable oon.ed valorem asaessments by the Tax Collector u.nder the uniform law, pursuant to Section 197.3632(2), Florida. Statutes, to include, but not limited to. those costs associated with perJOmJel, 1Orms. supplies, data proccsllm,g. computer eqwpment, postage and programming. (e) Pay for or alternatively to reimburse the Tax Collector for any separate tax notice neces&itated by the inability of the Tax Collector to merge I'he l10IHd valorem assessment roll certified by the Local Government to Section 197.3632(7), Florida Statutes. (0 The Local Government upon being timely billed, shall pay directly for necessary advertising ~Iating to implementation of the Unifonn Conection M~ pursunt to Sections 1~7.3632 and 197.3635, Florida Statutes, and any other applicable rules promulgated by the .Departm.em of Revenue thereunder. (g) By August 31, oreach calendar year, tl1e chairperson of the govemingboard oftbe Local Govcmment. or his or her dt$ignee, shall officiaUy CCl'l'tify to the Property Appraiser the fmal non-ad valorem assessment roll Oll compatible electronic medium, tied to the property parcel idenfific.ttioa number, ilZd otherwise in conformance in format to that contained on the non-ad valorem tax roDs submitted by the Property ~ to thb Department of Revenue. The Local Government shan exercise its ~ibmty that such non-ad valorem assessment roll be free of enTJQi and omissions. 'The Local C-ovemm...-nt shall urm the Tax CoUector. Ii well as the Property Appraiser and the Department of Revenue by Janwuy 10. if it intends to discontinue u$mg the Uniform Collection Method (h) The Local Government agrees to cooperate with the Tax Collector to implement the Uniform Collection Method pummnt to, and oonsisfmtt with. aU the provisions of Section 191.3632 and 197.3635, Florida Statutes, or its sueeessor statlltory provisions and all applicable roles promulgated by the Department of Revenue and their svceessor mles. (i) The Local Govemmcnt asrees tbat. as to any cost, fee or expense to be paid or reimbursed to the Tax Collector hereunder, the Tax Collector may, at its opti~ deduct the same from any disbursement to 1he Local Government. ARTICLE V Duties or tile Tu C<<Itttor (ll) The Tax Col1.cctor or its designee sball merge aU rolls. ~ II. collection roll and prepare a combined notice (the tax notice) for both ad. valorem taxes and non-ed valorem asses&mt:DUl for the Local. Government, pursuant to Section 197.3632 and 1973635, Florida Statutes. and their Stlcces&Or provisions. and any applicable ruler, and their successor rules, promWgaied by the Department of Revenue, II:1d in ~ with any specific ordinances or resolutions &ball clearly stal.e intent to use the UnifOIm Collection Method for collecting IUch 1ISIlcmnents BIId 50 lon.s as they ate further not inconsistent with, or contrary 10, the provisions of Semon 197.3632 and 197.3635. Florida Statutes, and their successor provisions, and any applicable roles. (\)) The Tax Collector shall coUect the non-ad valorem asscs&ments of the Local Government as certified DO later than August 31, of each ealmdar year on compatible electronic medium, tied to the property identification nmnber for each parcel, and in the format used by fue Property Appraiser for the ad vaIomn rolls submitted to the Department ofRevenuc. (c) The lax Collector agrees to Cloopt:lT8te witb the Local Govcmment in implemema:tion of the Uniform Collection Method for collection and enfon:in.s non-ad valorem UseDme1:!t8 ~ to Section 197.3632 and 197.3635, Florida St&tutes, and my S1JCCeBSOl' provisions and applicable rules. The Tax <:::OUcetor s.ban oot accc:pt lUl,y such non-ad valorem assessment roll that is not officially oertifIed by the Loca1 Government by September IS, of each calendar year on compau'ble e1w..tronic medium tied to the property identification number and in the format used by the Property Appraiser on the ad valorem roll submitted to me ~en.t of Revenue. (d) ffthe Tu Collecfm discovers emm; or omissions on such roll, ht may request the Local Government to< file a corrected roll or a ~on of1he amount of any ~t and the Local Government ahati be8.l' the 00tItS of any sw:h error G1' omission. (e) If the Tax Collector detmnines that a separate mailing is authorized pursuant to Section 197.3632(7). Florida Statutes. and any applicable. rules promulgated by the Department ofReve:nue, and any SuceNSOr provision to said law or rules. the Tax Collector shall either mail a separate notice of the particular non-ad valorem assessment or &hall direct the Local Government to mail such sepm1e notice. In making this decision. the Tax Collector sbalt consider all costs to the :u.eal Government and to the taxpayers of.suen separate mailiog liS wdl as the adverse effect to the taxpayera of the delay in multiple notices.. If mch separate mailing is effee~. the Local Government shall bear III oosts usociated that could not be merged. upon timely biUiIll by the Tax CoUector. ARnCLE VI MIleelIuHUC (2) Any notices coooemmg the temts of1hic apemen!: or its imple!nentation sha.ll be furnished to: Earl K. Wood Orange County Tn Collector Attn: Accoonting DepartmeDt 200 S. Orange Avenue, Suite 1500 Orlando. Florida 32801-3438 City of Ocoee 150 N. Lakeshore Drive Ocoee, Florida 34761 (b) In the event any provisions of this Agreement are found unlawful or otherwise unenfOtteable, all other provisions shan remain in full force and effect unless the parties agree to the contrary in writing. (c) This Agreemenl: contains the full and complete agreement of Ole parties hereto and no amendments to this ~mlmt shall be of my force or effect W1!~ they are a.greed to separately in writing.. IN WITNESS whereof. the parties have hereunto set their hands and seals and such of them as arc corporations have caused those presents to be signed by their duly authorized officers. WITNESSED: Earl K. Wood ORANGE COUNTY TAX COLLECl'OR. Date: ClT\' OF OCOEE Date: