Okaloosa County BOCC — August 24, 2013 — Ord84-19 — reading text

substantively amended or modi fied, III. SHERIFF'S DEPARTMENT /LAW ENFORCEMENT The Parties stipulate and agree that al]: fumctions and services performed by the Sheriff's Department do provide a "real and substantial benefit" to all residents of the County except the following: a) Investigations; and b) Deputy Sheriff. With regard to thelaw enforcenent aspect of these two functions, the Parties Stipulate and Agree as follows: In as mich as the budget of the Sheriff's Department is not prepared so that the cost is attributed to each function, it is necessary to calculate this cost of each function, which each such function shall include salaries, equipment, vehicles and vehicle use maintainance, insurance, retirement, and other similar costs related to such functions. The Parties agree that the cost of these functions contained in Exhibit B shall be the proper method of calculating such costs and such shall -be and is hereby defined as the cost of the function for all future years. Recognizing that there are occasions when persons employed by the Sheriff's Department are within the various cities performing law enforcement functions, the Parties hereby agree to the following formulas The Sheriff's Department shall maintain detailed activity cards and/or reports so as to demonstrate the amount and degree of activity of the employees of the Sheriff's Depariment in the investigative function and the Deputy Sheriff function, both within the unincorporated areas of the County and within the cities of Fort Walton Beach, Crestview, and Valparaiso, These activity cards shall be maintained to reflect the name of the officer or Sheriff's Department employee, the date and the time when such officer arrives at the required place or address within each of the three cities, and the time said officer has carpleted his assigned task or job. The card and/or report shall contain the street address so that its location within or without the city can be determined. The card and/or reports should be maintained by the Sheriff's Department so as to be readily identifiable with regard to which city the officers’ activities are related. Any card which fails to contain the necessary infoxmation and which cannot be used to calculate the time of the activity by the officer or its location within any of the three cities, shall be conclusively presumed not to have been involved in any activity with any of the three cities. Activity cards showing mealtime shall be excluded. Each year, prior to fixing the County budget, the activity cards and/or reports for three months shall be used as a sampling to establish the amount of activity of the Sheriff's Department within each of the three cities and in the unincorporated area. The total time as reflected and calculated fran the activity card and/or report for these three months shall be carpared against the total time involved as shown on the activity cards and/or reports for the same three months in the wiincorporated area of the County, A ratio and percentage shall be calculated fran such comparison. The ratio thus established shall then be carpared with the ratio of non-exempt assessed value of the cities to non-exerpt assessed value of the unincorporated areas, If the cities are not being provided services equivalent to their entitlarent, the ratio of serviced provided shall be subtracted fran the ratio of entitlenent based on non-exempt value, this percentage shall then be multiplied by the cost of the law enforcement UL function previously determined to ascertain the revenues to be generated within the MSTU to be established within the unincorporated areas for the law enforcenent function. The three months shall be determined fran random selections to be done by the County administrative officer with a representative fran all three cities present on May 30 of each year, except that for Fiscal year 1984-85 the parties agree that the three months shall be March, April, and May of 1984. The County agrees to create an MSTU in the unincorporated area of the "County and agrees to levy taxes or assesanents of an amount determined pursuant to the forma shall be generated fran taxes, assessments or charges, levied solely within such MSTU, The County agrees to then reduce ad valoren taxes within the three cities using the same percentages developed under the formula. IV. REMITIOR The Parties agree that the legal issue to be submitted to the Court for judicial determination is: Whether the cities are entitled to 2 renittor or judgment for double taxation since the adoption of resolutions by the respective cities. The cities agree that, in the event that the cities should prevail, the amounts to be refunded or paid aret a) Fort Walton Beach - $163,000, b) Crestview — $53,000. and c) Valparaiso ~ $38,000. These funds may be refunded or paid fran ensuing county budgets. This paragraph shall not be construed as an admission by the County that the cities are entitled to a refund or Judgment of any nature or kind. V. QOSES It is agreed that the County will pay one-half of the charges of Kelton & Associates, Inc, for the report done, which said sum shall be subtracted fran any remittor to which the cities may be entitled if the Court so holds. Each shall bear its ow costs of this litigation. Vi. SETTLEMENT OF ALL ISSUES The parties agree that this agreanent resolves and settles all issues of dual taxation between the parties hereto as involved in the lawsuit styled City of Fort Walton Beach, et al, vs. Okaloosa County, —-,. Ene Case No, 81-199, or the Resolutions heretofore adopted by the respective cities, except as provided in Paragraph IV hereof, VII. RETENTION OF JURISDICTION The parties: agree and stipulate that the court may retain jurisdiction for enforcement of the terms of this agreanent and that this agreement shall be incorporated in and made a part ef the Final Judgment to be entered, DATED this day of » 1984, OKALOOSA COUNTY CITY OF FORT WALTON BEACH, By: CITY OF CRESTVIEW, AND John Dowd CITY OF VALPARAISO 101 Clifford Drive Post Office Box 1975 By: Fort Walton Beach, Florida 32549 Larry Levy Post Office Box 10583 Tallahassee, Florida 32302 Attorney for all cities a te we — — Case No. 81-199, or the Resolutions heretofore adopted by the respective cities, except as provided in Paragraph IV hereof. VII, RETENTION OF JURISDICIION The parties agree and stipulate that the court nay retain jurisdiction for enforcanent of the terms of this agreement and that this agreement shall be incorporated in and made a part of the Fina} Judgment to be entered. patep this _|4 aay of Febru , 1984, OKALOOSA er CITY OF FORT WALTON BEACH, thes al) CITY OF CRESTVIEW, AND John Dowd CITY OF VALPARAISO 101 Clifford Drive Post Office Box 1975 By: Fort Walton Beach, Florida 32549 Larry Le Post Office Box 10583 Tallahassee, Florida 32302 Attorney for all cities 69% Od O€ZT Wa + xe SCHOOSY TIWIOIGIO ax PROPOSED SETTLEMENT COUNTY ROAD DEPARTNENT Based on maps reviewed by Road Department and attorneys representing parties, County Road Department calculated that the following funds for maintenance of roads could be broken down as follows: $432,178.00 serve all County and City residents 743,734.00 serve primarily County residents or, 432,178.00 serve City and County = 36, 6% 1,180,912,00 total maintence 748,734.00 serve primarily County = 63,48 1,180,912.00 total Maintence Add related services or appropriations. Equipment Maintence $ 391,955.00 Fuel and Equipment 238 830,00 Gas and Oil 144 000,00 Equipment Purchase 503,000.00 $1,277,785,00 x_.634 $ 810,115.69 + 748,734, 00 $1,558,849,69 Calculate % of ad valorem taxed generated by incorporated areas total non-exempt assesser value for entire Comty: 583,701 086.00 non-exempt assessed value w/i Cities = 31.5% T,850,357,370.00 total non exempt assessed value of County Multiply above ratio times monies expended which do not benefit residents of Cities: $1, 558,849,69 x .315 1 O37. "EXHIBIT AY Salary (48 Deputies) Salary ( 8 Investigations) $847,366 + 1,136,139 = 743 FICA Retirement Medical Insurance Worknens Compensation Unemployment Compensation TOTAL PERSONAL SERVICES Other Adm/Prof. Fees TOTAL PROFESSIONAL FEES INVESTIGATIONS Per Diem TOTAL TRAVEL TELEPHONE Postage Freight TOTAL TRANSPORTATION UTILITY SERVICES Aviation Other Rental/Leases TOTAL RENTAL/LEASES Fieet Insurance (46+ 50 Vehicles) Other Insurance TOTAL INSURANCE Auto Radio Installation § Removal Radio Maintenance Crestview Building Maintenance Office Machines TOTAL REPAIR & MAINTENANCE PRINTING “EXHIBIT BU Page 1 14% 74% 74% 74% 74% 74% 74% 74% 74% 74% 74% 92% TAS 92% 74% 74% 74% 74% TAS $ 703,750 143,616 ¥ 847-366 57,426 108,892 48 159} 1,424 1,883 218 ,216 1,554 4,585 2,245 727 2,972 444 984 1,428 8,714 22,659 21,373 46,226 2,231 8,034 2,002 $1,065,582 . 1,554 7,400 4,585 18,644 2,972 2,740 1,428 21,373 58,567 5,140 Auto Miscellaneous Other Criminal Miscellaneous Other Adm. Mistellaneous TOTAL OTHER CHARGES OFFICE SUPPLIES Fuel & Lubricants Anmo §& Gas Fingerprint/Photo Other Investigation Supplies Uniforms TOTAL OPERATING SUPPLIES Seminars, FSA Dues, Etc. Subscriptions, Notaries, Etc. TOTAL BOOKS, PUB. § SUB. Autos Radios TOTAL MACHINERY § EQUIPMENT Page 2 92% 74% 74% 74% 74% 92% 74% $20 1,110 859 2,889 142,186 2,492 2,372 740 6,411 154,203 3,336 370 3,706 39, 565 7,848 47,413 TOTAL 2,889 4,502 184,201 3,706 47,413 $1,402,696 FLORIDA DEPARTMENT OF STATE George Firestone Secretary of State June 19, 1984 Honorable Newman C. Brackin Clerk of Circuit Court Okaloosa County Courthouse Crestview, Florida 32536 Dear Mr, Brackin: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge: J. Receipt of your letter/s of June 18 and certified copy/ies of Okaloosa County Ordinance/s Nos. 84-19 2. Certified copy/ies of County Ordinance/s relative to: (a) which we have numbered (b} which we have numbered 3, This/these ordinance/s has/have been filed in this office on June 19, 1984, ‘4, The original/duplicate copy/ies showing the filing date is/are being returned for your records. Kindest regards. Sincerely, (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws FLORIDA-State of the Arts Veo ‘NEWMAN CG, BRACKIN CLERK CIRCUIT COURT COURT HOUSE CRESTVIEW, FLORIDA BRANCH OF FICE SHALIMAR, FLORIDA DEPARTMENTS RECORDING AUDITING cIRCUN COURT COUNTY CouRT COUNTY FINANCE COUNTY CRESTVIEW, FLORIDA June 18, 1984 Ms. Nancy Kavanaugh, Chief Bureau of Laws Department of State The Capitel, Room 1802¢ Tallahassee, FL 32301 Dear Ms, Kavanaugh: June~12, 1984 Thank you for your assistance, Enclosure = is & Certified M; sag be 2 ert, tec Mail # P29 7 oO a Ss * | me : ' R vie | oe i Th » o t- oor od 32536 4 84-19 ana certification aid ordinance adopted by County, Florida, on Sincerely, ' Newman C. Brackin Clerk of Circuit court » Let) CT Deput? Clerk Va + elelel se oe oe ) 8 on Spat Pape ee gL air i 2 3S. f-. aad CaS = ab yl Wy PRE bee igs By . 2 Ble. (8: ze EEE ‘BES a ft Re a 8; EE gaa = , oO . Rig . B 2 eS [eee Bee) > : lala) Be pee Bad Ese re: geal i |e | |e ables eeeeee eve k geet SE | Rea auala & o - a Be 2) E- wl = aa AOINH3S JLAG0au NEAL & Bey 3" - a ie (8 [77s esos wana A so . i & |e 8 1 $934,Nos wabsyMuspa Hinswoy- |B |B meee * gir" ady ‘ooge wo sg