HomeMy WebLinkAbout07/21/1992, 5 - AGREEMENT WITH COUNTY FOR COLLECTION OF SPECIAL ASSESSMENTS ����II�IIIIIINIIIIIIIIfIIIIIIII "J r MEETING DATE:
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COUNCIL AGENDA REPORT ITEM NUMBER: C
FROM: William C. Statler, Director of Finance, '
Prepared by: Linda Asprion, Revenue Manager
SUBJECT: AGREEMENT WITH COUNTY FOR COLLECTION OF SPECIAL
ASSESSMENTS
CAO RECOMMENDATION
Authorize the Mayor to sign an amended agreement with the County
of San Luis Obispo for the collection of special assessments which
will increase the collection charge from $1. 00 to $2 . 00 per year
per Assessor's parcel number.
DISCUSSION
In 1981 the City entered into an agreement with the County of San
Luis Obispo to collect special assessments on behalf of the City.
Currently these special assessments consist of the following:
■ Weed Abatement 10 Parcels
■ Sidewalk Assessment 16 Parcels
■ McMillan Sewer Assessment 18 Parcels
For the past ten years the County has charged $1. 00 per year per
Assessor's parcel number receiving a special assessment. Under the
amended agreement the County will increase the charge to $2 . 00 per
parcel.
This increased charge will not effect the City's budget as the per
parcel charge is added to the special assessment and is paid by the
owner of the parcel. Additionally, the revenue received by the
County for this purpose is used to reduce the net cost of property
tax administration that is charged to the City.
ATTACHMENT
Agreement For Collection Of Taxes and Assessments
I
AGREEMENT FOR COLLECTION OF TAXES
AND ASSESSMENTS
THIS AGREEMENT is made and entered into this day
of , 1992, by and between the COUNTY OF SAN
LUIS OBISPO, a political subdivision of the State of California,
hereinafter referred to as "County" and the CITY. OF SAN LUIS
OBISPO, a municipal corporation of the State of California,
hereinafter referred to as "City".
WITNESSETH:
WHEREAS, Government Code Sections 29304 authorizes the County
to add to the Special Assessment or Special Assessment Tax an
amount fixed by agreement to each parcel for the collection and
disposition of taxes.
WHEREAS, when requested by City, it is in the public interest
that the County collect on the County tax rolls the Special
Assessment Tax and/or Special Assessments for City.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto
as follows:
1. County agrees, when requested by City as hereinafter
provided, or as required by law, to collect on the County tax rolls
the Special Assessment Tax and/or Special Assessments of City, and
of each zone or improvement district thereof.
2. When County is to collect City's Special Assessment Tax
and/or Special Assessments, City agrees to notify the Auditor-
Controller of the County on or before the 10th of August of each
fiscal year the Assessor's parcel numbers and the amount of each
special assessment to be so collected. Provided, however, to be
effective, the notice must be received by the Auditor-Controller
by said date.
3. County may charge the sum of Two Dollars ($2 .00) per year
per Assessor's parcel number for each parcel for which a Special
Assessment Tax and/or Special Assessment is to be collected on the
County tax rolls by County for City, and County may collect such
charge by adding it to the Special Assessment Tax and/or Special
Assessment on the County tax rolls to be collected for each parcel.
4. City agrees to and shall defend, indemnify and save
harmless County, its officers, agents and employees, from any and
all claims, demands, damages, costs, expenses, judgements or
liability arising out of this agreement or attempted performance
of the provisions hereof. This indemnity shall include, but not
limited to, all actions or omissions to act by City, its officers,
agents, or employees in authorizing, levying, reporting or
collecting any of its Special Assessment Tax and/or Special
Assessments. Nothing contained in the foregoing indemnity
provision shall be construed to require indemnification for claims,
demands, damages, costs, expenses or judgements resulting solely
from the negligence or wilful misconduct of the County.
5. City agrees to procure or to maintain during the entire
term of this agreement, in companies acceptable to the County,
public liability and property damage insurance in an amount of at
least One Million dollars ($1, 000, 000) combined single limit for
bodily injury, personal injury and property damage in excess of the
City's own retained limit of $100, 000. All such insurance will
include or be endorsed to include the following provisions:
a. The insurance provided is on an "occurrence" basis.
b. The policy will cover contractual liability and contains
a cross-liability or severability of interest endorsement
or clause.
C. The County of San Luis Obispo, its officers, agents and
employees shall be named additional insureds under the
policy as respects the operations of the City under this
agreement.
d. The policy shall contain a provision requiring the
insurance carrier to give the County thirty (30) days
prior written notice of any cancellation of such
insurance, or any other major. change therein.
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 Assessment Tax and/or Special
Assessment, and City agrees that its officers, agents and employees
will not refer such individuals making inquiries to County officers
or employees for response unless inquiries deal with County
procedures.
7. City 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
City shall be void and shall immediately and automatically
terminate this agreement.
8. This agreement shall be effective for the 1992-93 fiscal
year and shall be automatically renewed for each fiscal year
thereafter unless terminated as hereinafter provided.
9. Either party may terminate this agreement for any reason
for any ensuing fiscal year by giving written notice thereof to the
other party prior to May 1st of the preceding fiscal year.
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 WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
COUNTY OF SAN LUIS OBISPO
By:
ATTEST: Chairman, Board of Supervisors
Clerk, Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
Dated:
Deputy County Counsel
CITY OF SAN LUIS OBISPO
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM AND LEGAL EFFECT:
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YA7torn Dated:
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