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HomeMy WebLinkAbout1997-162 1 RESOLUTION NO. 97-162 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING AND 3 DIRECTING THE EXECUTION OF AGREEMENTS WITH THE COUNTY OF SAN BERNARDINO FOR COLLECTION OF ANNUAL ASSESSMENTS ON THE COUNTY 4 TAX ROLLS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and 8 directed to execute on behalf of said City, an Agreement with the County of San Bernardino for 9 the annual collection of assessments for various Assessment Districts throughout said City on the 10 County tax rolls, and an Agreement for the annual collection of Special Taxes for Community 11 12 Facilities District (CFD) 995 on the County tax rolls, copies of which are attached hereto as 13 Exhibit "A" and Exhibit "B" respectively, and incorporated herein by reference as fully as 14 though set forth at length. 15 SECTION 2. The authorization to execute the above referenced agreement is rescinded if 16 the parties to the agreement fail to execute it within sixty (60) days of the passage of this 17 18 19 20 resolution. 11/ 11/ 21 /11 22 11/ 23 24 11/ 25 /11 26 11/ 27 /11 28 OS/22/97 RESOLUTION AUTHORIZING AGREEMENT WITH THE COUNTY OF SAN BERNARDINO FOR COLLECTION OF ASSESSMENTS AND SPECIAL TAXES ON THE COUNTY TAX ROLLS 97-162 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 2 Common Council of the City of San Bernardino at a 3 joint regular meeting thereof held on the 2nd day of June , 19~, by the following vote, to 4 wit: 5 19 The foregoing resolution is hereby approved this ~~ City Clerk il;l 7 day of C-L~ 17 18 June , 19 97 . 20 21 22 23 ~@7YlNAa~ TOM MINOR, Mayor City of San Bernardino Approved as to form 24 and legal content: 25 26 27 28 JAMES F. PENMAN City Arney 'I . ~...z-'-J,._ 05/19/97 2 97-162 1 AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS TIllS AGREEMENT is made and entered into this ifll day of Qu.,~ , 19 97 , by and between the COUNTY OF SAN BERNARDINO, hereinafter~ to as "County" and the City of San Bernardino. " . . " em qq~ , heremafter referred to as DIstrict. WIlNESSETH: WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any school district, special district, zone or improvement district thereof; and WHEREAS, the District and County have determined that it is in the public interest that the County, when requested by District, collect on the County tax rolls the special taxes, fees, and assessments for District. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: I. County agrees, when requested by District as hereinafter provided to collect on the County tax rolls the special taxes, fees, and assessments of District, and of each zone or improvement District thereof. 2. When County is to collect District's special taxes, fees, and assessments, District agrees to notify in writing the Auditor-Controller (222 W. Hospitality Lane, San Bernardino, CA 92415) 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 each special tax, fee, or assessment to be so collected. Any such notice, in order to be effective, must be received by the Auditor-Controller by said date. 3. County may charge District an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the District, not to exceed County's actual cost of collection. 4. District warrants that the taxes, fees, or assessments imposed by District and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (proposition 218). 5. District 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 97-162 2 action, and judgments, in any manner arising out of District's responsibility under this agreement, or other action taken by District in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees or assessments as contemplated in this agreement. 6. The County Auditor/Controller has not determined the validity of the taxes or assessments to be collected pursuant to this contract, and the undersigned District hereby assumes any and all responsibility for making such a determination. The undersigned District agrees to indemnify, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract or the imposition of the taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. If any judgment is entered against County or any other indemnified party as a result of action taken to implement this Agreement, District agrees that County may offset the amount of any judgment paid by County or by any indemnified party from any monies collected by County on District's behalf, including property taxes, special taxes, fees, or assessments. County may, but is not required to, notify District of its intent to implement any offset authorized by this paragraph. 7. District agrees that its officers, agents and employees will cooperate with County by answering inquiries made to District by any person concerning District's special tax, fee, or assessment, and District agrees that is officers, agents and employees will not refer such individuals making inquiries to County officers or employees for response. 8. District shall not assign or transfer this agreement or any interest herein and any such assignment or transfer or attempted assignment or transfer of this agreement or any interest herein by District shall be void and shall immediately and automatically terminate this agreement 9. This agreement shall be effective for the 19..2L fiscal year and shall be autO!.xliltic,"I!y renewed for each fiscal year thereafter unless terminated as hereinafter provided. 10. Either party may terminate this agreement for any reason upon thirty days written notice to the other party. The County Auditor/Controller shall have the right to exercise County's righl and authority under this contract including the right to terminate the contract. 11. County's waiver of breach of anyone 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. 97-162- -, ::I 12. Each person signing this agreement represents and warrants that he or she has been fully authorized to do so. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. District: I\PPROVED AS TO FORM I\ND LEGAL CONTENT. J~mei F. Penm;ln. City Attorney By: f1 ;2 / U .~ Printed or typed Name: Title: Date: CITY OF SAN BERNARDINO CFD 995 .~ By: ~/~ , TOM /l1I/1jOIZ_.__~ MAl/Or<... 6- ~ - 97 SAN BERNARDINO COUNTY AUDITOR/CONTROLLER-RECORDER By: Printed or typed Name: Title: Date: ~- .~~~u~_ (Hl{JI? ~-t- ~ 11, cvz, C/b /q 7 I r 97-!62 1 AGREEMENT FOR COLLECTION OF SPECIAL TAXES, FEES, AND ASSESSMENTS TIllS AGREEMENT is made and entered into this JflL dayof ~ ' 19~, by and between the COUNTY OF SAN BERNARDINO, hereinafter referred to as "County" and the City of San Bernardino, hereinafterreferred to as "District". WITNESSETH: WHEREAS, Government Code Sections 29304 and 51800 authorize the County to recoup its collection costs when the County collects taxes, fees, or assessments for any school district, special district, zone or improvement district thereof; and WHEREAS, the District and County have determined that it is in the public interest dltlt the County, when requested by District, collect on the County tax rolls the special taxes, fees, and assessments for District. NOW, THEREFORE, IT IS AGREED by and between the parties hereto as follows: I. County agrees, when requested by District as hereinafter provided to collect on the County tax rolls the special taxes, fees, and assessments of District, and of each zone or improvement District thereof. 2. When County is to collect District's special taxes, fees, and assessments, District agrees to notify in writing the Auditor-Controller (222 W. Hospitality Lane, San Bernardino, CA 92415) of the County on or before the 10th day of August of each fiscal year of the Assessor's parcellillJmbers and the amount of each special tax, fee, or assessment to be so collected. Any such notice, in order to be effective, must be received by the Auditor-Controller by said date. 3, County may charge District an amount per parcel for each special tax, fee, or assessment that is to be collected on the County tax rolls by the County for the District, not to exceed County's actual cost of collection. 4. District warrants that the taxes, fees, or assessments imposed by District and collected pursuant to this Agreement comply with all requirements of state law, including but not limited to, Articles XIIIC and XIIID of the California Constitution (Proposition 218). 5. District 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 97-162 i 2 action, and judgments, in any manner arising out of District's responsibility under this agreement, or other action taken by District in establishing a special tax, fee, or assessment and implementing collection of special taxes, fees or assessments as contemplated in this agreement. 6. The County Auditor/Controller has not determined the validity of the taxes or assessments to be collected pursuant to this contract, and the undersigned District hereby assumes any and all responsibility for making such a determination. The undersigned District agrees to indemnifY, defend and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this contract or the imposition of the taxes or assessments collected pursuant to this contract, and for any costs or expenses incurred by the County on account of any claim therefore, except where such indemnification is prohibited by law. If any judgment is entered against County or any other indemnified party as a result of action taken to implement this Agreement, District agrees that County may offset the amount of any judgment paid by County or by any indemnified party from any monies collected by County on District's behalf, including property taxes, special taxes, fees, or assessments. County may, but l.s not required to, notifY District of its intent to implement any offset authorized by this paragraph. 7. District agrees that its officers, agents and employees will cooperate with County by answenng inquiries made to District by any person concerning District's special tax, fee, or assessment, and District agrees that is officers, agents and employees will not refer such individuals making inquiries to County officers or employees for response. 8. District shall not assign or transfer this agreement or any interest herein and RDY :nlch assignment or transfer or attempted assignment or transfer of this agreement or any interest herein by District shall be void and shall immediately and automatically terminate this agreement 9. This agreement shall be effective for the 19 --2Z. fiscal year and shall be automatic;;]ly renewed for each fiscal year thereafter unless terminated as hereinafter provided. 10. Either party may terminate this agreement for any reason upon thirty days written notice to the other party, The County Auditor/Controller shall have the right to exercise County's right and authority under this contract including the right to terminate the contract. II. County's waiver of breach of anyone 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. 97-162 . '.1 I 3 . , 12. Each person signing this agreement represents and warrants that he or she has been fully authorized to do so. IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day and year first above written. District: City of San Bernardino Printed or typed Name: Title: ~/ _ . ill \ By: ~/~ I TOM fYttf\J()IZ flLlt'lD f( Date: t;y ;;, ~ q 7 APPROVED AS TO FORM AND LEGAL CONTENT, James F, Penman. City Attorney 21- 7~ Printed or typed Name: Title: SAN BERNARDINO COUNTY AUDITOR/CONTROLLER-RECORDER ~.'. "~~~ By: ~~... 'l2oJ /....eO'Jl.H40. _~_ fJ~1?2-t,+ 7lfr.. 17 6/2-, b/fI' /'-) 7 I I Date: