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Home My WebLink AboutCC Resolution 9881 (Various Agreements with County)RESOLUTION NO. 9 8 81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE EXECUTION OF AGREEMENTS WITH COUNTY OF MARIN FOR COLLECTION OF SPECIAL TAXES, FEES, CHARGES AND ASSESSMENTS. (Paramedics; Baypoint Lagoons Lighting and Landscape; Loch Lomond #10 Community Facilities District; Run -Off Charge) THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES RESOLVE AS FOLLOWS: The MAYOR and the CITY CLERK are hereby authorized to execute, on behalf of the City of San Rafael, Agreements between the City of San Rafael and County of Marin for collection of special taxes, fees, charges and assessments, in the form attached hereto as Exhibit "A". I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 21" day of July, 1997, by the following vote, to wit: AYES: NOES: ABSENT: Councilmembers: Cohen, Heller, Miller, Phillips & Mayor Boro Councilmembers: None Councilmembers: None JEAM,t M. LEONCNI, City Clerk x EXHIBIT "A" CITY OF SAN RAFAEL - PARAMEDICS AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, CHARGES AND ASSESSMENTS The COUNTY OF MARIN, a political subdivision of the State of California, acting by and through the AUDITOR -CONTROLLER OF THE COUNTY OF MARIN, hereinafter referred to as "County" and the City, a municipal corporation organized under the law of the State of California, hereinafter referred to as "City", agree as follows: Subject to the terms and conditions of this Agreement, County agrees to collect on the County tax rolls the special taxes, fees, charges and assessments imposed by City or each zone or improvement City exercises control over. 2. City agrees to notify the Auditor -Controller by such date as set by the Auditor for each fiscal year, the Assessor's parcel numbers and the amount of each special tax, fee, charge or assessment to be collected. 3. County may charge fees established by the County Board of Supervisors for collection of the special tax, fee, charge or assessment that is to be collected on the County tax rolls by the County for the City. Such fees shall be limited to the costs of services provided. Calculation of such fees shall be made available to the City on request. 4. City believes that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requirements of law, including but not limited to Articles XIIIC and XUID of the California Constitution (Proposition 218). 5. City hereby releases and forever discharges and agrees to defend, indemnify and save harmless County and its officers, agents and employees (hereafter "County") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of County's action in connection with the application of Article XIIIC and Article XIIID of the California. Constitution which may arise out of the collection and placement on the roll of the special tax, fee, charge or assessment or any action by City in establishing a special tax, fee charge or assessment which county collects for City, provided, however, City shall not be responsible for any administrative or clerical errors or omissions made by the County or its officials in the collection or placement of any such taxes, assessments, or fees on the roll. As to such collection of such fees, charges, taxes, or assessments or placement of them on the roll, County and its officials shall retain all immunities provided them by law. 6. Notwithstanding any provision of law, City agrees that the Auditor -Controller may withhold from the next property tax distribution any amount the County is unable to collect on an assessment, special tax, fee, or charge that is determined by a count of competent jurisdiction to violate Proposition 218 (Articles XIIIC and XIIID of the California Constitution). This provision is intended to avoid all County liability for such special taxes, fees, assessments or charges under the Teeter Plan by allowing the Auditor -Controller to reverse and charge back Teeter Plan advances for such special taxes, actual fees, assessments or charges. 7. City agrees to the following with respect to any legal challenge arising as a result of collection enforcement in connection with the application of Proposition 218 b Qtpm k:givenlagreement\07/16/97 ® L y o.. made pursuant to Division 1, Part 6 of the Revenue and Taxation code of the State of California. (a) City shall defend and/or bear the cost of defending any legal action as may arise, and (b) That if collection cannot be legally enforced through tax sale, the levy or charge shall be canceled as a lien against the property pursuant to the provisions of the Revenue and Taxation Code 4946 or any other appropriate provisions of law. 8. City shall not assign or transfer or attempt to assign or transfer this agreement or any interest herein without the consent of the County which shall not be unreasonably withheld. 9. This agreement shall be effective for the 1997-98 fiscal year and shall be automatically renewed for each fiscal year thereafter unless terminated as hereinafter provided. 10. Either party may terminate this agreement for any reason for any fiscal year by giving written notice thereof to the other parry on or before the May 1" prior to the fiscal year for which termination is to be effective. 11. County's or City'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. 12. The person signing this Agreement for City or County represents that the City or County, through its governing body, has authorized him/her to sign this Agreement on behalf of the City or County. Dated: 7/21/q7 ATTEST •AY y -lerlc City: C "TY ' yO S By: A1)aert/ J. o, Mayor Dated: % OUNTY W.- -e-d--d Auditor -Controller k:given\agreement\07/16/97 L1 HIELI l "All All CITY OF SAN RAFAEL - BAYPOINT LAGOONS LIGHTING AND LANDSCAPE AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, CHARGES AND ASSESSMENTS The COUNTY OF MARIN, a political subdivision of the State of California, acting by and through the AUDITOR -CONTROLLER OF THE COUNTY OF MARIN, hereinafter referred to as "County" and the City, a municipal corporation organized under the law of the State of California, hereinafter referred to as "City", agree as follows: 1. Subject to the terms and conditions of this Agreement, County agrees to collect on the County tax rolls the special taxes, fees, charges and assessments imposed by City or each zone or improvement City exercises control over. 2. City agrees to notify the Auditor -Controller by such date as set by the Auditor for each fiscal year, the Assessor's parcel numbers and the amount of each special tax, fee, charge or assessment to be collected. 3. County may charge fees established by the County Board of Supervisors for collection of the special tax, fee, charge or assessment that is to be collected on the County tax rolls by the County for the City. Such fees shall be limited to the costs of services provided. Calculation of such fees shall be made available to the City on request. 4. City believes that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requirements of law, including but not limited to Articles XIIIC and X D of the California Constitution (Proposition 218). City hereby releases and forever discharges and agrees to defend, indemnify and save harmless County and its officers, agents and employees (hereafter "County") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of County's action in connection with the application of Article XIIIC and Article XIIID of the California Constitution which may arise out of the collection and placement on the roll of the special tax, fee, charge or assessment or any action by City in establishing a special tax, fee charge or assessment which county collects for City, provided, however, City shall not be responsible for any administrative or clerical errors or omissions made by the County or its officials in the collection or placement of any such taxes, assessments, or fees on the roll. As to such collection of such fees, charges, taxes, or assessments or placement of them on the roll, County and its officials shall retain all immunities provided them by law. 6. Notwithstanding any provision of law, City agrees that the Auditor -Controller may withhold from the next property tax distribution any amount the County is unable to collect on an assessment, special tax, fee, or charge that is determined by a count of competent jurisdiction to violate Proposition 218 (Articles XIIIC and XIIID of the California Constitution). This provision is intended to avoid all County liability for such special taxes, fees, assessments or charges under the Teeter Plan by allowing the Auditor -Controller to reverse and charge back Teeter Plan advances for such special taxes, actual fees, assessments or charges. 7. City agrees to the following with respect to any legal challenge arising as a result of collection enforcement in connection with the application pf Proposition 218 by tax sales k:given\agreement\07/16/97 C Y made pursuant to Division ,1, Part 6 of the Revenue and Taxation code of the State of California. (a) City shall defend and/or bear the cost of defending any legal action as may arise, and (b) That if collection cannot be legally enforced through tax sale, the levy or charge shall be canceled as a lien against the property pursuant to the provisions of the Revenue and Taxation Code 4946 or any other appropriate provisions of law. 8. City shall not assign or transfer or attempt to assign or transfer this agreement or any interest herein without the consent of the County which shall not be unreasonably withheld. 9. This agreement shall be effective for the 1997-98 fiscal year and shall be automatically renewed for each fiscal year thereafter unless terminated as hereinafter provided. 10. Either party may terminate this agreement for any reason for any fiscal year by giving written notice thereof to the other party on or before the May 1' prior to the fiscal year for which termination is to be effective. 11. County's or City'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. 12. The person signing this Agreement for City or County represents that the City or County, through its governing body, has authorized him/her to sign this Agreement on behalf of the City or County. Dated: 7/21/9-7 ATTEST i y exls_ Dated: 7 k:given\agreement\07/16/97 City: CITY OF SAN PAVART.- By: 0—) Al bieriz' J . Bo , Mayor Auditor -Controller EXHIBIT "A" CITY OF SAN RAFAEL - LOCH LOMOND #10 COMMUNITY FACIL=S DISTRICT AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, CHARGES AND ASSESSMENTS The COUNTY OF MARIN, a political subdivision of the State of California, acting by and through the AUDITOR -CONTROLLER OF THE COUNTY OF MARIN, hereinafter referred to as "County" and the City, a municipal corporation organized under the law of the State of California, hereinafter referred to as "City", agree as follows: Subject to the terms and conditions of this Agreement, County agrees to collect on the County tax rolls the special taxes, fees, charges and assessments imposed by City or each zone or improvement City exercises control over. 2. City agrees to notify the Auditor -Controller by such date as set by the Auditor for each fiscal year, the Assessor's parcel numbers and the amount of each special tax, fee, charge or assessment to be collected. 3. County may charge fees established by the County Board of Supervisors for collection of the special tax, fee, charge or assessment that is to be collected on the County tax rolls by the County for the City. Such fees shall be limited to the costs of services provided. Calculation of such fees shall be made available to the City on request. 4. City believes that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requirements of law, including but not limited to Articles XIIIC and = of the California Constitution (Proposition 218). City hereby releases and forever discharges and agrees to defend, indemnify and save harmless County and its officers, agents and employees (hereafter "County") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of County's action in connection with the application of Article XIIIC and Article X IID of the California Constitution which may arise out of the collection and placement on the roll of the special tax, fee, charge or assessment or any action by City in establishing a special tax, fee charge or assessment which county collects for City, provided, however, City shall not be responsible for any administrative or clerical errors or omissions made by the County or its officials in the collection or placement of any such taxes, assessments, or fees on the roll. As to such collection of such fees, charges, taxes, or assessments or placement of them on the roll, County and its officials shall retain all immunities provided them by law. 6. Notwithstanding any provision of law, City agrees that the Auditor -Controller may withhold from the next property tax distribution any amount the County is unable to collect on an assessment, special tax, fee, or charge that is determined by a count of competent jurisdiction to violate Proposition 218 (Articles XIIIC and XIIID of the California Constitution). This provision is intended to avoid all County liability for such special taxes, fees, assessments or charges under the Teeter Plan by allowing the Auditor -Controller to reverse and charge back Teeter Plan advances for such special taxes, actual fees, assessments or charges. 7. City agrees to the following with respect to any legal challenge arising as a result of collection enforcement in connection with the application of Proposition 218 by tax sales k:given\agreement\07/16/97 C made pursuant to Division 1, Part 6 of the Revenue and Taxation code of the State of California. (a) City shall defend and/or bear the cost of defending any legal action as may arise, and (b) That if collection cannot be legally enforced through tax sale, the levy or charge shall be canceled as alien against the property pursuant to the provisions of the Revenue and Taxation Code 4946 or any other appropriate provisions of law. 8. City shall not assign or transfer or attempt to assign or transfer this agreement or any interest herein without the consent of the County which shall not be unreasonably withheld. This agreement shall be effective for the 1997-98 fiscal year and shall be automatically renewed for each fiscal year thereafter unless terminated as hereinafter provided. 10. Either party may terminate this agreement for any reason for any fiscal year by giving written notice thereof to the other party on or before the May l' prior to the fiscal year for which termination is to be effective. 11. County's or City'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. 12. The person signing this Agreement for City or County represents that the City or County, through its governing body, has authorized him/her to sign this Agreement on behalf of the City or County. Dated: 7121 /9J ATTEST: ,� GCIty Clerk City: rTTV RAN AAaYor By: Alb t Bo ' Dated: e"7 OY, TY By: Auditor -Controller // k:given\agreement\07/16/97 EXHIBIT "A" CITY OF SAN RAFAEL - RUN-OFF CHARGE AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, CHARGES AND ASSESSMENTS The COUNTY OF MARIN, a political subdivision of the State of California, acting by and through the AUDITOR -CONTROLLER OF THE COUNTY OF MARIN, hereinafter referred to as "County" and the City, a municipal corporation organized under the law of the State of California, hereinafter referred to as "City", agree as follows: Subject to the terms and conditions of this Agreement, County agrees to collect on the County tax rolls the special taxes, fees, charges and assessments imposed by City or each zone or improvement City exercises control over. 2. City agrees to notify the Auditor -Controller by such date as set by the Auditor for each fiscal year, the Assessor's parcel numbers and the amount of each special tax, fee, charge or assessment to be collected. 3. County may charge fees established by the County Board of Supervisors for collection of the special tax, fee, charge or assessment that is to be collected on the County tax rolls by the County for the City. Such fees shall be limited to the costs of services provided. Calculation of such fees shall be made available to the City on request. 4. City believes that the taxes, fees, or assessments imposed by City and collected pursuant to this Agreement comply with all requirements of law, including but not limited to Articles X MC and XIIID of the California Constitution (Proposition 218). 5. City hereby releases and forever discharges and agrees to defend, indemnify and save harmless County and its officers, agents and employees (hereafter "County") from any and all claims, demands, liabilities, costs and expenses, damages, causes of action, and judgments, in any manner arising out of County's action in connection with the application of Article XIIIC and Article XIIID of the California Constitution which may arise out of the collection and placement on the roll of the special tax, fee, charge or assessment or any action by City in establishing a special tax, fee charge or assessment which county collects for City, provided, however, City shall not be responsible for any administrative or clerical errors or omissions made by the County or its officials in the collection or placement of any such taxes, assessments, or fees on the roll. As to such collection of such fees, charges, taxes, or assessments or placement of them on the roll, County and its officials shall retain all immunities provided them by law. 6. Notwithstanding any provision of law, City agrees that the Auditor -Controller may withhold from the next property tax distribution any amount the County is unable to collect on an assessment, special tax, fee, or charge that is determined by a count of competent jurisdiction to violate Proposition 218 (Articles X MC and X MD of the California Constitution). This provision is intended to avoid all County liability for such special taxes, fees, assessments or charges under the Teeter Plan by allowing the Auditor -Controller to reverse and charge back Teeter Plan advances for such special taxes, actual fees, assessments or charges. 7. City agrees to the following with respect to any legal challenge arising as a result of collection enforcement in connection with the application of Proposition 218 by tax sales k:given\agreement\07/16/97 C 0 j"1 made pursuant to Division .1, Part 6 of the Revenue and Taxation code of the State of California. (a) City shall defend and/or bear the cost of defending any legal action as may arise, and (b) That if collection cannot be legally enforced through tax sale, the levy or charge shall be canceled as alien against the property pursuant to the provisions of the Revenue and Taxation Code 4946 or any other appropriate provisions of law. 8. City shall not assign or transfer or attempt to assign or transfer this agreement or any interest herein without the consent of the County which shall not be unreasonably withheld. 9. This agreement shall be effective for the 1997-98 fiscal year and shall be automatically renewed for each fiscal year thereafter unless terminated as hereinafter provided. 10. Either party may terminate this agreement for any reason for any fiscal year by giving written notice thereof to the other party on or before the May 1' prior to the fiscal year for which termination is to be effective. 11. County's or City'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. 12. The person signing this Agreement for City or County represents that the City or County, through its governing body, has authorized him/her to sign this Agreement on behalf of the City or County. Dated: 7/21/g7 City: :CITY.P.. AN`WAEL ATTEST —� By: UCLty ClAe A]r�Se t o, Mayor Dated: O By: 1,V aA�i Auditor -Controller k:given\agreement\07/16/97