HomeMy WebLinkAboutPCDC Resolution 92-07 05/18/1992,,
2
3
4
5
6
7
8
9
1.0
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
RESOLUTION 92-07
RESOLUTION OF THE PETALUMA COMMUNITY DEVELOPMENT
COMMISSION
AGREEING TO RESOLVE CERTAIN POTENTIAL
CLAIMS RELATING 'I'O PROPERTY TAX
ADMINISTRATION FEES
WHEREAS, in Chapter 466, Statutes of 1990, the State
Legislature (1) amended Revenue and Taxation Code Section 97 to grant
counties and county auditors certain authority to determine, impose, and
collect a property tax administration fee from each local jurisdiction;
WHEREAS, pursuant to the direction of the Sonoma County
Board of Supervisors, Rodney A. Dole, Sonoma County Auditor-Controller,
determined the property tax administration fee attributable to each
jurisdiction and sent each jurisdiction an invoice for, or otherwise deducted
from property tax allocations the amount of, such fee for costs incurred in
fiscal year 1989-90, said billings or deductions made during 1990-91; and
WHEREAS, a statewide dispute has developed in which
certain cities, special districts, school districts and redevelopment agencies
challenge the authority of certain counties and county auditors to impose
and collect such fees; and
WHEREAS, the Sonoma County Board of Supervisors and the
Petaluma Community Development Commission {hereinafter referred to as
"Claimant") wish to enter into an agreement settling and resolving any
monetary claims or potential monetary claims related to property tax
administration fees for fiscal year 1989-90, and said billings or deductions
made during fiscal year 1990-91; and
WHEREAS, in Resolution No. 92-0344, attached hereto as
"Exhibit A", the Board of Supervisors directed and authorized resolution of
such claims or potential claims as provided for herein; and
WHEREAS, Claimant is willing to resolve any such claims or
potential claims on the terms incorporated in Sonoma County Board of
Supervisors Resolution No. 92-0344;
NOW, 'T'HEREFORE, BE I'T' RESOLVED that:
(1) Claimant agrees to comply with the requirements of
Sonoma County Board of Supervisors Resolution No. 92-0344.
(2) With respect to any and all claims, actions, causes of action,
damages, or accounting of whatever nature, whether known or unknown,
existing or not yet existing, arising out of or in any way connected with the
determination, invoicing, or collection of (i) property tax administrative
fees for fiscal year 1989-90 and said billings or deductions made during
1990-91; Claimant Petaluma Community Development Commission, for
valuable consideration given, hereby releases, acquits, and forever
discharges the County of Sonoma, its agents, officers, and employees.
Reso. 92-07 P. 1
M ~
I '
1
2
3
5
6
7
9
10
11
12
13
14
15
16
17
(3) Claimant agrees to defend, indemnify, and hold harmless
the County of Sonoma, its agents, officers, and employees, from any claims
or actions of any kind arising out of or related to this release. County
agrees to notify Claimant of any claim or action served. County will
proceed to defend any such claim or action, at Claimant's expense, unless
Claimant promptly notifies County that it will conduct the defense to such
claim or action. County agrees to cooperate fully in the defense. Claimant
may deduct any cost of defense, including any attorney's fees paid to
plaintiffs in any such action, from amounts ordered to be repaid to County,
if any.
ADOPTED this 18th
following vote:
Commissioner
18 Nelson
19 Sobel
20 Davis
21 Cavanagh
22 Read
23
24
25
26
27
28
29
30
31
32
33
34
Vice Chair Woolsey
Chairman Hilligoss
day of May , 19 92 , by the
Ave No Absent
(~ () ()
(~ () ()
(~ O ( )
(~ O ( )
(~ O ( )
(~ O ( )
s
Chairman M. Patricia Hilli~oss
ATTEST: ~
i
R ording Secretary, Patricia Bernard
Reso. 92-07 P•2