HomeMy WebLinkAboutResolution 92-091 04/20/1992.`
Resolution No. 92-91 N C.S.
of the City of Petaluma, California
RESOLUTION OF THE CITY OF PETALUMA
AGREEING TO RESOLVE CERTAIN POTENTIAL
CLAIMS RELATING TO PROPERTY TAX
ADMINISTRATION FEES AND CRIMINAL JUSTICE
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; and (2) added Article 12 (Section
29550) to Chapter 2 of Division 3 of Title 3 to the Government Code, permitting
counties to impose fees upon cities, special districts, school districts, community
college districts, colleges, and universities, for reimbursement of county expenses
incurred with respect to the booking or other processing of persons arrested by
employees of such entities (hereinafter referred to as the "Jail Booking Fee"; and
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, pursuant to the direction of the Sonoma County Board
of Supervisors, the Sonoma County Sheriff-Coroner sent each. affected
jurisdiction invoices for costs of services rendered for booking or other processing
of arrested persons through October 31, 1991; 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 City
of Petaluma (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, said
billings or deductions made during fiscal year 1990-91, and jail booking fees for
services rendered through October 31, 1991; 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
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W~I~1tEAS, 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;
NOi]V, THEREIFORE, BE IT RESOg.VED 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; and (ii} jail booking fees
for services rendered through October 31, 1991, Claimant City of Petaluma, for
valuable consideration given, hereby releases, acquits, and forever discharges the
County of Sonoma, its agents, officers, and employees.
(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.
Under thepower 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
Council of the City of Petaluma at a (Regular) Ix~1~~ meeting /~ form
on the ...2.QxL1 ............. day of ...--•--..April....-------•------...........---......, 19-9.2.., by the
following vote: ....-..'- -•- -- •----.. - _.._-........--
i y At orney
AYES: Read, Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey, Mayor Hilligoss
NOES: None
None ,
ABSENT:.
~'~
ATTEST : .............. .... ...... ....... ................................... ....--- -'- ...........-................--•--.-..-..._........--...-------• --
City CIer~9E~~~~ C ~~~ Mayor
Council File ..................°-°--.........
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:~ D~;CE:
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EXI-IIBIT A
X92 9
RESOLUTION N0. 92-0344 ,-,~,
Dated: March 20, I$92
RESOLUTION OF THE BOARD OF SUPEI2VZ$QRS OF THE COUNTX OF SONOMA,
STATE OF CALIFQRNZA, INITIATING A CONIPRpMISE OF CLAIMS OR
PgTEIJTIAL CLA1'MS RELATED TQ.CERTAIN PROPERTY TAX ADMINISTRATION
FEES AND CI2IMINAi, JUSTICE ADMINISTRATION FEES
WHEREAS, in Chapter 466, Statutes of 1990,_ the state
Legi.Siature (1) amended Revenue and TaxaEon Cede section 97 to
grant counties and county auditors certain authority t0
determine, zmpos:e, and collect a prapertp tax administration fee
from each local jurisdiction; and {2) added Article 12 {section
29550) to Chapter 2 of Division 3 of Title 3 to the Government
Code, permitting, counties to a.mpose fees upon Gikieg, special
districts, school districts, community college districts,
colleges, and universities, fQZ~ z~eimbursement of county expenses
incurred with respect to the booking or other processing of
pezsons axrested,by emplt~yee3 of such entities (hereinafter
referred to as the "criminal justice administration fee"); and
4JHEREAS, pursuant t0 the di,redtion of the Sanpma
County Board 4f Supervisors, Rodney A. Dole, Sonoma County
Auditor-ContzoZler, determi.netl the propezty tax administration
fee attxibutab2'e tQ each jurisdiction and sent each jurisdiction
an invoice fox, or oth'erw~,se deducted from property tax
allocations the amount of, such £ee in the amount of costs
incuxred~in fiscal year 1989-90, said billings or deductions
made during 1994-2.991; and
WHEREAS, pursuant to the dir.ec'tion of the Sonoma
Court y Board of Supervisors, the Sonoma County Sheriff-Coroner
sent each affected jurisdiction invoices in the amount of
criminal justice aclministrati.on fees fpz the cost v£ services
rendered thrau9h October 31, 1991; and
WE~EREAS, a statewide t2ispute has developed 9.n whi.ch
cezta:n 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 County wishes to enter. into an agreement
settling and resolving any monetary claims or potential monetary
claims related ko property tax administration fees for sai.cl
billings or deductions made during fiscal year 1990-1991, and
criminal ju~stiCe administration £ees for services rendered
through October 31;, 1991;
765 1 k]./sj
Reno q a - 91 N'G S
NOW THEREFQRE BE IT RESOLVED THAT this Board agxees t0
settle and resolve any such claims or potential cYsms on the
following basis:
1,. The County agz'ees to pay the local jurisdic~ians
listed on Exhibit 1, attached hereto, the amounts lfs~ked in that
Exhibit, provided-that. said •jurisdictions comply with the
requirements 1i.sted below.
2. Local jurisdictions wishing to participate in this
settlement must have paid in full, or arranged with the Sonoma
County Auditor for the deduction of, alI amounts due for
property tax administration costs deducted or invoiced during
fisoal year 1990-.1491, and Eor criminal justice admin~,stratfort
fees.for sezv3ces rendered through October 31, 1991;
3. Local jurisclicta.ons wishing to participate in this
settlement must. release the County £rom all claims and potential
czaxms related to determination, invoi.ci~ng, and collection of
fees whioh.are t'he subject at this resolution, on the terms
described to this Board by the County Administrator, in a form
to be developed by County Counsel;
3. Said local jurisdi.eti.ens may then file a claim, on
a form authoxzxed by the County Auditor, in the 2~mount listed in
Exhibit 1. If Che local jurisdiction has complied with the
requirements of this resolution, the Auditor is herQby
authOri~ed to pay the claim.
4. The Clerk shell deliver a certified copy of this
resolution to the Sonoma County Auditor-Controller who shall
give notice o€ it in a manner that he deems reasonable.
SUPERvISORS:
GALE aye ~HARBERSON absent SMITH ayg_ESPOS`Tl aye _,CARFENTER aye
AYES ~ NOES ABSTAIN_~SSENT 1
50 ORDERED.
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