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HomeMy WebLinkAbout07/21/1992, 5 - AGREEMENT WITH COUNTY FOR COLLECTION OF SPECIAL ASSESSMENTS ����II�IIIIIINIIIIIIIIfIIIIIIII "J r MEETING DATE: c� or san �t�is oB�spo - ;?- 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: 7� /a YA7torn Dated: �-5