HomeMy WebLinkAboutResolution 97-219 08/04/1997 RESOLUTION NO. s7-zls N.C.S.
1 of the City of Petaluma, California
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4 APPROVING AND AGREEMENT WITH THE.SONOMA COUNTY
5 AUDITOR-CONTROLLER FOR COLLECTION OF
6 SPECIAL TAXES, FEES, CHARGES AND ASSESSMENTS
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9 WHEREAS, the Sonoma County Auditor-Controller has requested that the City of Petaluma
10 enter into an agreement, attached as Exhibit "A" hereto, whereby the County of Sonoma would agree to
I 1 collect special taxes, fees, charges and assessments on behalf of the City, and the City would agree to
12 defend, hold harmless and indemnify the County for losses and expenses and claims against the County
13 arising out of the collection of such special taxes, fees, charges and/or assessments due to the
14 application of Articles XIII(C) and XIII(D) of the California Constitution (Proposition 218); and
15 WHEREAS, the City Council wishes to have the County of Sonoma collect such special taxes,
16 fees, charges and/or assessments on behalf of the City of Petaluma; and
17 WHEREAS, the City Attorney has reviewed the agreement and has approved the agreement as
18 to forma
19 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Petaluma
20 hereby approves the Agreement for Collection of Special Taxes, Fees, Charges and Assessments
21 attached as Exhibit "A" hereto; and
22 BE IT FURTHER. RESOLVED that the Mayor is authorized to execute said agreement on
23 behalf of the City and submit it to the Sonoma County Auditor-Controller prior to August 8, 1997.
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26 reso
27 7/24/97 (fmk)
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
form
Council of the City o[ Petaluma at a (Regular) (gl,l7tgl~XQf3jii#ffi1~j meeting
on the .._4th day of ....._AUguSt 19_~~... by the ~(p~
following vote:
City Attorney
AYES:. Stomps, Torliatt, Maguire, Vice Mayor Hamilton, Mayoi• Hilligoss
NOES: None
ABSENT: Read, Kelle
ATTEST: `,,pp,~~~.~1C,~'. , _ /'!_/i! ,p~?J~.......
City Clerk Mayor ` ~J ?
(bwcil Fila.._.___._......_......_._
CA ID~85 Res. Na ..9.7.-2.1 s......._ NC.S.
AGREEMENT'FOR COliI;EGTIONrOF SPECIAL
TAXES, FEES;AND ASSESSMENTS
THIS: AGREEMENT is made 'and entered .into this day of August, 1997, by and
between the COUNTY OF SONOMA, a political subdivision of the State of California,
hereinafter'referred to as "County" and the CITY OF PETALUMA, a municipal corporation of
the State of California; hereinafter referred to as "City."
WITNESSETH:
WHEREAS, state law authorizes the County to .recoup its collection costs when the
County collects taxes, fees or assessments for any City, zone or improvement district thereof; and
WI~REAS, when requested by City, it is in the public .interest and efficient that the
County collect for City the specal,taxes, fees; and assessments imposed on parcels subject to real
property tax.
NOW, THEREFORE, IT IS AGREED 6y andbetween the parties hereto as follows:
I. County agrees,. when requested by City as hereinafter provided, or as required by
law, to collect on the County tax rolls the special taxes, fees,. and assessments
(hereinafter collectively referred to as "charges") of City, and of each zone or
improvement district thereof except as follows: (1) Tax bills will not be generated
for chazges imposed on parcels exempt from reap: property taxation because of low
value. Existing charges on. such parcels will be removed from the tax rolls and
referred to the City for'further collection efforts. (2) Tax bills will be generated for
parcels that are immune or otherwise exempt from real property taxation; however,
unpaid charges on such parcels will be removed from the roll if they become
.delinquent, and the charge referred to.the City: for'further collection efforts.
2. Beginning in 1998'99, .the County may charge'the. sum of .0085 of the annual levy,
as specified by the City, for each. special tax, fee, or assessment that is to be
collected oathe County tax rolls by the County forthe City.
3. Gity.agrees!fo notify the Auditor-Controller of the County on or before the 10th day
of August of each=fiscal year of the .Assessor's parcel numbers and the amount of
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eachsspecial-tax, fee, or assessment to'be collected. To be effective, thepotice must:
be received by the Auditor-Controller liy said date. City shall only submit for col-
lection taxes, fees, or assessments which City believes comply with all requirements
of state law.
4: City hereby releases and. forever discharges County and its officers, agents and
employees from any and all claims, demands, liabilities, costs and expenses,
damages, causes of action, and judgments. in any manner arising out of any action
taken by City in establishing a special tax, ,fee, or assessment and implementing
collection ofspecial taxes, fees, orassessments as contemplated in this agreement.
5. City agrees~to and shall defend, indemnify and save harmless County and its officers,
agents and employees ("indemnified parties") from any and all claims, demands,
liabilities, costs -and expenses, damages, causes of action, and judgments, in any
manner arisipg; out of or resulting from implementation of this agreement by the
indemnified parties except to the extent such ,liability or damage is caused by or
results from the sole negligence of the indemnified parties.
6. City agrees that its .officers, agents and employees will cooperate with County by
answering inquiries made to City by any person concerning City's special tax, fee, or
assessment, and City :agrees that its officers, agents and employees will not refer
such individuals, making inquiries to County officers or employees for response.
County agrees to'refer any incorrectly directed inquiries to City forresponse.
7. City shall not assignor transfer this agreement or any interest herein and any such
assignment: or transferor attempted assignment or transfer of this agreement or any
interest herein by City; shall 6e void and shall immediately and automatically
terrriirtate this agreement.
8. This agreement shall be effective for the b997-98 fiscal year and shall be
automatically renewed foreach fiscal year thereafter unless terminated as hereinafter
provided..
9. Either party may terminate this:agregment for any reason for any ensuing fiscal year
by giving written notice^thereof to the other party, prior to May l st of the preceding
fiscal•year.
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10. County's waiver of breach. of any one term, covenant, or other provision of this
agreement, is not a waiver of breach of any other term, nor subsequent breach of the
term or provision waived.
IN WITNESS WI-IEREOF, the parties hereto have executed this agreement as of the day
and year first above written.
CITY OF PETALUMA
By:
SONOMA COUNTY AUDITOR-CONTROLLER
By:
agent
7/24/97 (fink)
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EX9-91BI'~' A