HomeMy WebLinkAboutResolution No. 1982-05 MICROFILMED 1-18-83
RESOLUTION NO. 82-5
A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY
CLERK TO ENTER INTO AN INTERLOCAL AGREEMENT WITH
THE CITY OF PALM BAY FOR PURSUING LITIGATION
AGAINST BREVARD COUNTY FOR DUAL TAXATION; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral, has joined a dual
taxation study, and
WHEREAS, the results of that study indicate that the
citizens of Cape Canaveral are being significantly overtaxed by
Brevard County, and
WHEREAS, Palm Bay has been designated the Lead City by the �''•
Brevard League of Cities to bring litigation against Brevard County
in an attempt to recover those tax dollars,
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Cape Canaveral, Florida, as follows:
SECTION 1. The Mayor and the City Clerk are hereby authorized
to enter into an Interlocal Agreement with the City of Palm Bay for
Palm Bay to act as the lead City and initiate litigation against
Brevard County for the purposes of recovering excess tax monies. A
copy of which is attached hereto and made a part hereof by reference.
SECTION 2. The City Council hereby authorize the sum of up
to $2,000.00 to bp paid as Legal fees and Costs in this lawsuit.
SECTION 3. This Resolution shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 19 day of January , 1982.
Nat
• t/ ••oe0000
i
,.f}r1,100%-`,:
l ¢134 a,•o t/ ;11 OR
c1471Wef`0 -`,:
F % ttos� . _4 �1N12.• v
? F ry
at f) . bl�/'`fi �Lnl St yj F d NAME YES NO
C t1Y fyy(• �� /7 � ' M1t riR t41,j t} .o I :/,"
ygi /r ,b jr ��Ijj{v�l�� S •A� _
� , l � y 94,34 � CA L V E RT
� • III0. i
1'41'
,.�G/fl �tity C�ler'k ' HARRIS
,'f Jr / Anl ' {r n `qua r MURPHY
a f; 4 Approved��asrto� Form: NICHOLAS Ill
•
RUTNENFORL X ,
A t(i.icrlf-d
ty i orney
• MICROFIL.ME
1-1&'83
• INTERLOCAL AGREEMENT
AGREEMENT executed this 3 . day q February
1982, by and between the CITY OF PALM BAY, Brevard County, Florida,
a municipal corporation existing under the laws of the State of
Florida (hereinafter referred to as "PALM BAY") , and the CITY OF
Cape Canaveral , Brevard County, Florida, a municipal
corporation existing under the laws of the State of Florida (herein
after referred to as " City ") .
WITNESSETH: •
WHEREAS, the parties hereto have participated in a
study conducted by Planned Management Corporation to. determine
whether tax inequities exist as they relate to services provided
by Brevard County to citizens of incorporated areas within the .
County compared to the revenues paid by such residents; and •
WHEREAS, it has been determined that certain inequities
do exist in the delivery of services to residents of incorporated
areas; and •
• • WHEREAS, it is necessary and desirable to both complete
• the study undertaken by Planned Management Corporation and utilize.
their services in any lawsuit pertaining thereto; and
WHEREAS, each of the undersigned Cities has determined
it to be. in the best interest of the residents of their municipalities
to proceed to .suit in order to recoup taxrrevenues improperly
being held by the County, and remedy tax inequities in general ; and
WHEREAS, the undersigned Cities wish to employ an attorney
who is experienced in this area of the law to represent them in any
action filed by the Cities to recoup such tax revenues and remedy
tax inequities and provide for such legal representation and
the costs attendant thereto; and
WHEREAS, John A. DeVault, III of Bedell, Bedell,• Dittmer &
Zehmer of 'Jacksonville, Florida, has agreed to represent the muni-
cipalities located in Brevard County in any litigation between
the Cities and Brevard County;
• 31V1 e3.0
• ti� FFQ 6'>
� CO
ti e b ��(5) RESOLUTION NO.. 82-5
��f PAGE 2 OF 3
�® Q
=` Cs'
Lt9
- i r' y.
fi. • .,�
MICROFILMED 1-18-8'31
•
•
NOW, THEREFORE, in consideration of the mutual covenants
set forth below and other good and valuable considerations, the
parties hereto agree as follows:
1. It is recognized by • the City of Cape Canaveral that
PALM BAY, in reliance upon its designation as' the "lead agency"
by the Brevard . League of Cities, will execute a binding, valid
contract with John A. DeVault, III to represent participating
cities in any anticipated litigation by these cities against
Brevard County• regarding "dual taxation" issues. The cost of
said representation is $25, 000, with an additional $15, 000 for
costs, expenses, and expert witness fees attendant to any such
litigation, for a total of Forty Thousand and No/100 ($40, 000.00)
Dollars.
2. The City'of Cape Canaveral agrees to pay PALM BAY the
sum of Two Thousand Dollars ($2,000.00) . It is agreed that such sum
• is a pro rata sum based upon the number of 'cities participating
in this lawsuit and the direct benefits to each city based upon
the . figures established in Planned Management Corporation ' s
Phase II Report.
3. As lead agency, PALM BAY will coordinate all dealing.
with DeVault and Planned Management Corporation and provide periodic
status reports.
4 . • This_...Agreement shall terminate at such time as the
purpose of this Agreement terminates. •
5. Each party agrees that in addition to the provisions
contained herein, it will provide the services of its city attorney
to consult with DeVault on any aspectsof the anticipated liti-
cation against Brevard County whenever necessary. .
IN WITNESS WHEREOF, the parties hereto have set their hand
"ancZi'seals the day and 'year below. written.
-
;O. CITY' OE �i, • CITY OF PALM BAY, BREVARD COUNTY
•
BREVARD' C' UNTY, OIDA FLORIDA
F3Y,: ; / . By:
f r>h
Ma o G,/' Mayor- ,
rTJ a
•
1 1,1 B `�I � y �{ r mat' .;;•`'i. iizg \CitY Manager er r IA-47
�,;;., .
Attest: C9�- ,z � ���Ly Attest 1;0'
r� •
+> 1 ®
c - f CityClerk ./..
tov •
RES.OLUT, ' d"-5 •
-27PAGE± I.9N,3 Ssoel r g.t:'