HomeMy WebLinkAboutReso 100-97 Collect Taxes 97-98RESOLUTION NO. !00 - 97
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
AUTHORIZING THE DEPUTY 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 ~ 1997-98 PROPERTY TAX ROLL
WHEREAS, 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 to enter into a
Certification and Mutual Indemnification Agreement prior to August 15, 1997; and
WHEREAS, the City Council considered approval of such an Agreemem at its meeting on
August 5, 1997.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
authorize Rick W. Jarvis, Deputy 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 5th day of August, 1997.
AYES:
NOES: None
ABSENT: Councilmember Howard
ABSTAIN: None
Councilmembers Barnes, Burton, Lockhart and Mayor Houston
K2/G/8-5-9 7/resotaxs. doc
H/cc-forms/reso. doc
Certification And Mutual Indemnification Agreement
The City of Dublin hereby certifies that to its best current understanding of the law, the taxes,
assessments and fees placed on the 1997/98 Secured Property Tax Bill by the City of Dublin met
the requirements of Proposition 218 that added Articles XIIIC and XIIID to the State
Constitution.
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 judgment 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.
Til= (~;:unty of Alnmeda hereby agrees to defend, indemnify and hold harmless the Cit~, 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 from the tax assessment or fee.
The above terms are accepted by the public agency and I further certify that I am authorized to
sign this agreement and bind the public agency to its terms.
Dated: August 5, 1997
CITY OF DUBLIN
Dated:
COUNTY OF ALAMEDA
By: By:
RICK W. JARVIS
Deputy City Attorney
(Signature)
(Print Name)
(Print Title)
EXHIBIT A