HomeMy WebLinkAboutReso 109-98 AlaCo Collect TaxesRESOLUTION NO. 109 - 98
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING Tl~ CITY ATTORNEY TO EXECUTE A
CERTIFICATION AND MUTUAL INDEMNIFICATION AGREEMENT WITH
ALAMEDA COUNTY TO PROVIDE FOR THE COLLECTION OF CERTAIN TAXES,
ASSESSMENTS, AND FEES ON THE 1998-99 PROPERTY TAX ROLL
WHEKEAS, the City of Dublin utilizes the Alameda County Property Tax Bill to collect certain
Taxes, Assessments, and Fees, which are established and levied by the City of Dublin; and
WHEREAS, in November of 1996 California voters approved Proposition 218, which amended the
procedures required in order for cities to enact certain assessments, fees, and taxes; and
WHEREAS, Alameda County has indicated that they will require agencies utilizing the 1998-99
Property Tax Roll for those purposes, to enter into a Certification and Mutual Indemnification Agreement
prior to August 10, 1998; and
WHEREAS, the City Council considered approval of such an Agreement at its meeting on July 7,
1998.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
authorize Elizabeth H. Silver, City Attorney to execute the Agreement substantially in the form attached as
Exhibit A and by reference made a part hereof.
PASSED, APPROVED AND ADOPTED this 7th day of July, 1998.
AYES:
Councilmembers Barnes, Burton, Howard, Lockhart and Mayor Houston
NOES: None
AB SENT: None
ABSTAIN: None
K 7G/7-7-98/resotax. doc
CERTIFICATION AND MUTUAL
INDEMNIFICATION AGREEMENT
The City o~f Dublin hereby certifies that to its best current understanding of the law, the taxes,
assessments and fees placed on the 1998-99 Secured Property Tax Bill by the City of Dublin meet the
requirements of Articles XIIIC and XIIID to the State Constitution ("Proposition 218").
The City of Dublin agrees to defend, indemnify and hold harmless the County of Alameda, its
Board of Supervisors, its Auditor-Controller/Clerk Recorder, its officers and employees, for those taxes,
assessments and fees which are subject to Proposition 218 and which are challenged in any legal
proceeding on the basis that the City of Dublin has failed to comply with the requirements of Proposition
218.
The City of Dublin will pay any final jud_muent imposed upon the County of Alameda and the City
of Dublin as a result of any act or omission on the part of the City of Dublin in failing to comply with the
requirements of Article XIIID of the Constitution.
The County of Alameda hereby agrees to defend, indemnify and hold harmless the City of Dublin,
its employees, agents and elected officials from any and all actions, causes of actions, losses, liens,
damages, costs and expenses resulting from the sole negligence of the County of Alameda in assessing,
distributing or collecting taxes, assessments and fees on behalf of the City of Dublin.
If a tax, assessment or fee is challenged under Proposition 218 and the proceeds are shared by both
the City of Dublin and the County of Alameda, then the parties hereby agree that their proportional share
of any liability or judgment shall be equal to their proportional share of the proceeds form the tax,
assessment or fee.
The above terms are accepted by the City of Dublin and I further certify that I am authorized to
sign this agreement and bind City of Dublin to its terms.
CITY OF DUBLIN:
By: Date:
Elizabeth H. Silver
City Attorney
COUNTY OF ALAMEDA
By:
Its:
Date:
K2/H/cc-mtgs/indmagmt. doc
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RESOLUTION EXHIBIT A