HomeMy WebLinkAboutResolution 91-036 02/04/1991Resolution No. 91-36 N.C.S.
of the City of Petaluma, California
RESOLUTION APPROVING AGREEMENT
WITH COUNTY OF SONOMA
FOR COLLECTION AND DISBURSEMENT OF
REAL PROPERTY TRANSFER TAX
WHEREAS, on November 5, 1990 the City Council adopted Ordinance 1830
NCS which increased the City Real Property Transfer Tax; and,
WHEREAS, on November 6, 1990, the County of Sonoma adopted an
agreement to collect the City Real Property Transfer Tax; and,
WHEREAS, pursuant to Sonoma County Resolutions 90-1966 and 90-1990,
said agreement also provides for a credit against the increased County revenue due to
a change in the City Real Property Transfer Tax rate for the cost of criminal justice
administration fee and recorder fee until October 31, 1991; and,
WHEREAS, the County has determined the cost of processing the tax at $2.00
per document and the City's portion of one time computer changes at $4.081.55, which
is 26.19% of the total cost of $15,584; and,
NOW, THEREFORE BE IT RESOLVED, the City Council approves that
certain agreement between the City of Petaluma and the County of Sonoma, as
attached Exhibit A, to collect and disburse Real PropertyTransfer Tax.
BE IT FURTHER RESOLVED, the Mayor or City Manager is authorized to
sign the agreement and the City Clerk is authorized to attest its execution.
The City Council further authorizes the payment of $4,081.55 for a one time
charge to make changes to the County computer system.
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
Council of the City of Petaluma at a (Regular) (.~d~~ meeting form
on the ....nth..-•----._..... day of ...............E:ehruar~..............._......_., 19..9.L., by the °'
following vote:
City Attorney
AYES: Read, Davis, Woolsey, Nelson, Vice Mayor Cavanagh, Mayor Hilligoss
NOES: None ,,~'
_.,~
ABSENT: So el
ATTEST: ..._.. ~ .:...............~~~i_l`~.:~"~~....~_.~~/_......
ity Clerk
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Council File ....................................
ca io-as Res. No......9.1-.3.6.......... N.cs
Cl'1~'Y~ CLEi~IFC~
ciTir of P~~~~w
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pETALUNis~. CA ~9~3
A(;REEM`EAIT FO:It COLI..ECTION
- oh RE~.v pRO~~l~~rx TRANSrER ~rAx
. This agreement, dated. June 17 1991, is between the City ut
Petaluma (`'C1TY") and the County of Sonoma ("COUNTY").
RECITALS
A. CITY has adopted a Real Property Transfer Tax (''tax") and desires that
COUNTY'S Recorder collect the tax on behalf.of CITY.
AGitEEMENT
The parties agree as follows:
1. collection.
COUNTY Recorder shall collect C1TY's Real Property "transfer Tax
adopted by City Ordinance No. 1830 N.C.S. The Recorder is to collect and administer the
tax as fUIIUWS:
(a) The tax rate does vary between COUN'l'Y and CITY and the;refure
any person presenting a document tur recording is to provide separate
totals of the tax for COUNTY and the. CITY to the C'OUN'fY
Recorder.
(b) Recorder's processing of dcx;u`mencs and collection of [he tax amount
is to be conducted.; in the same manner as fur the COUNTY
documentary transfer tax.
(c) All proper fees. and. taxes are to be paid before any document fur
which, it reasonably appears a tax is owed, is recorded.
(d) COUNTY will notify Cl'fY, by sending a copy of the deed to Cl1'Y, il~
~~ _ _ it appears to the Recorder that the CITY tax has nut been paid, has
been° underpaid. or looks irregular. Nothing in this agreement,
however, imposes any ubligali~n on COUNTY" to discover such
nonpaymene, underpayment ~r irregularities.
(e) Recorder shall determine which transactions are exempt from the tax
as required by state law or city ordinance. Recorder shall nut be
liable to CITY for erroneous determinations..
(t) C1TY into collect on any bad debts on CITY'S tax.
2. ~Remittan ~e t~~~ ~ 1TY
COUNTY Recorder shall remit.to CITY the tax cullecteD un behalf of CI"fY
un a monthly basis within 20 days of .the end;ut the month. COUNTY is ao keC~ separate
acc~iunts on. proceeds from CITY's~tax. .COUNTY'S r.ecurJs are to he available to CITY dt
reasonable times' and upon reasonable notice by CITY.
The COUNTY Recorder shall' provide a monthly report which Details the
documents recorded the previous month by date' recurDeD, Recur~er number; name,
assessor's parcel number; amount of CITY tax, and amount of ~~CO U NTY tax.
3. Rate of'Com enSatin~n„
For the t7rst terms of this agreement, [he C1TY shall compensate COUN'!'Y
for collecting 'fhe' tax by payment• of Two Dollars ($2.00) per recurdeD Document fug which
the Ci°'I'Y tax is paid. The COUNTY charge- for subsryuent terms shall he a tixeD amount
per Document: The.COLINTY shall notify the. C1TY 3U clays prior to the. bebinninb of any
subsequent terms of the fixed ampttgt to be charged der Document for the term. CITY
,~
shall pay charges, when invoiced, withn~thirty°days:
1n aQditon, C1TY's toshare a one-time charge un a prurateD cost basis with
any other part[cpating .cities the costs related t~ Developing a data processing system fur
COUNTY to administer this agreement. The CITY shall pay the prurata share. based un-
the percentage ~f CITY tfcx:uments~recogded'in fiscal year 1989-90 rel;tting to the C17'Y to
the total documents recorded foe' all cities that have. adopteD ;-. separate documentary
transfer tax. .
4. Payment by`~ ITY
COUNTY shall bill CITY monthly and CITY shall pay COUN`T'Y within
thirty clays of billing those costs described in paragraph 3. COUNTY may offset sums oweD
ny C1TY pursuant, to paragraph 3 Jf this agreement a ~ainst
b payments made per parabraph-
2~of this,agreetnenC ..
. .~ , .
,CITY .shall iniemniify and hold harmless COUN"1`Y anD its agents, officers
anD employees ;tor any liability arising from CITY's.ihipusitiun ur COU.NTY's collection of
the 'tax or refusal: t~ rec:urd,- a document fur :nun-paymenf. of the tax, irrespective ut
COUNTY'S alleged misconduct or negligence, whether active or passive:
6. Termination
..Either party may terminate this agreement upon ninety Days' written notice
to the other party.:
2
is
7. .- Term•
.The term of this agreement shall be .for one year commencing November 5,
199U and' shall- be automatically extended foi• additional one-year periods subject to
termination as provided in paragraph 6.
8. lYotices .and Payments.
~~
.All notices ands payments to the .parties shall be addressed as follows:
C1TY: David W.. S~pilman, Finance Director
City of Petaluma
Post Office Box 61
Petaluma, Caiifocdia 94953
COUNTY: Recorder .
County of S,~noma
Post Office Box 6.124
Santa Rosa, California 95406
CITY OF PETAL A COUNTY OF SONOMA
4
~~ , -- -
..~ gy Gr
Ci Manager Chairman
A'T'~/EST: ATTEST:
r ~~
City Clerk
By ~;~ o~~
County Clerk ..end ex-ufticiu Clerk of
the Board of Supervisors
APPROVED AS TO FORM:
City Attorneys-_ V!
APPROVED~~
Risk Manager
APPROVED:
Finance Diect
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fmk\6/13/91
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