Resolution Number 15-06-16-01RESOLUTION NO. 15-06-16-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CONFIRMING THE LEVY OF THE FISCAL
YEAR 2015/2016 ASSESSMENTS FOR THE LANDSCAPE MAINTENANCE
DISTRICTS IN THE CITY OF SAN JUAN CAPISTRANO AND AGREEMENT
FOR COLLECTION OF SPECIAL TAXES, FEES, CHARGES AND
ASSESSMENTS WITH THE COUNTY OF ORANGE
WHEREAS, the CITY COUNCIL of the CITY OF SAN JUAN CAPISTRANO,
CALIFORNIA, did on the 16th day of June 2015, adopt Resolution No. 15-06-16-01
declaring its intention to levy assessments for Fiscal Year 2015/2016 and approving the
Engineer's Report for the City of San Juan Capistrano Landscape Maintenance Districts;
and,
WHEREAS, following notice duly given in accordancewith law, the CITY COUNCIL
of the CITY OF SAN JUAN CAPISTRANO has held a full and fair public hearing regarding
the levy and collection of the proposed assessments within the Landscape Maintenance
Districts for Fiscal Year 2015/2016 to pay for the costs and expenses of the improvements
described in the Engineer's Report for the San Juan Capistrano Landscape Maintenance
Districts; and,
NOW, THEREFORE, BE IT RESOLVED, that the CITY COUNCIL of the
CITY OF SAN JUAN CAPISTRANO
1) Confirms the assessments set forth in Exhibit "A" for the San Juan
Capistrano Landscape Maintenance Districts as fled, and authorizes
the assessments to be sent to the County of Orange Auditor -
Controller for collection at the same time and in the same manner as
the County taxes are collected.
2) Authorizes the Agreement set forth in Exhibit "B" with the County of
Orange for Collection of Special Taxes, Fees, Charges, and
Assessments.
PASSED, APPROVED, AND ADOPTED this 16th day
I ofJune 2015.��
�
DEREK OR
L
STATE OF CALIFORNIA )
COUNTY OF ORANGE )as.
CITY OF SAN JUAN CAPISTRANO )
I, MARIA MORRIS, appointed City Clerk of the City of San Juan Capistrano, do hereby
certify thatthe foregoing Resolution No. 15.06-16-01 was duly adopted bythe City Council
of the City of San Juan Capistrano at the Special meeting thereof, held the 16' day of June
2015, by the following vote:
MEMBERS:
Allevato, Ferguson, Perry, Patterson and Mayor Reeve
MEMBER:
None
MEMBER:
None
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Public Works I)epartmeni
1
AGREEMENT' FOR COL.1.1:C'1'ION OF SPECIALSPECIALFEB 1?OiG
TAXES, FEES, CHARGES AND ASSESSMENTS City opt
San Juan Capistrano
THIS AGREEMENT is made and entered into this 16th day of .luno , 2015 by and
between the COUNTY OF ORANGE, a political subdivision ol'the State of California, hereinafter
relera•Cd to as "County" and City of San Juan Capistrano herClllaflCl'
rel'erred to as `District".
ItECITA LS
The following recitals arc a substantive part ol'this Agreemem:
WHEREAS, the parties desire to enter into an agreement whereby taxes and special
ass%ssnr:nts for the District will be collected by the Couniv at the same lime and in the same
manner as County taxes are collected and the District will pay to the County the Pecs for
collection hereinafter set forth; and
WHEREAS. Section 29142 of the Government Codc provides that when taxes or
assessments are collected by a county liar any special district, or zone, or improvement district
thereof; excluding a school district, the board of supervisors may provide for a collection fec for
such services: and
\ HE.RI AS, Section 29304 of the Government Code provides that whenever any special
assessmenl or special assessment taxes are levied upon land or real property by any city, county,
district or other public corporation, and the same are to be collected by a County, there shall be
added to the amount of the special assessment or special assessment tax an amount fixed by
agreement between the county and city, district, public corporation, oil icer, or body 11or each
special assessment or special assessment tax to be collected; and
\VI Il:ItEAS. Section JS 1800 of the Govern lite III Crock provides lin• the County to collect
special assessments on County property tax rolls I'or cities and districts located in lite County, and to
enter into an agreement regarding the amount of compensation to be paid to the County for the
collection of such assessments: and
WFIE MEAS, when requested by District, it is in the public interest that the County collect on
the County tax rolls the special taxes. Ices, and assessments for District.
NOW, TI-JEREFORL•, IT IS AGREED by and between the parties hereto as follows:
AGREEMENT
1. Collection Services. County agrees, when requested by District as hereinafter
provided, or as required by law, to collect on the Counly tax rolls the special taxes. Ices, and
assessments of District, and oreach zone or improvement District thereof:
2. 'transmission of Int'ormation. When County is to collect District's special taxes and
assessments, District agrees to notify tits Orange County Audilor-Controller ol'the Assessor's parcel
EXHIBIT B
numbers and the amount of each special tax, fee, or assessment to County, and including, but not
limited to, any act of omission or assessment to be so collected. >
3. Certification byte District. The District shall ceriilj to the Orange County
Auditor -Controller the fixed charge special assessments in a dollar amount to be applied on each
parcel of real property which parcel shall be designated by the assessment (i.e., parcel) number
shown on the County Secured Assessment Roll for (lie year in which the assessment is to be
collected..
4. Verification by District. It shall be the obligation of the District prior to the time of
delivery to the Orange County Auditor -Controller of the fixed charge special assessment roll to
check the County Secured Assessment Rall after it is filed by the Orange County Assessor with the
Orange County Auditor -Controller to verify that the parcel numbers on the assessment roll for fixed
charge special assessments certified by the District correspond with the assessment (i.e., parcel)
numbers shown on the County Secured Assessment Roll. Any changes in special assessment data
previously certifed to the Orange County Auditor -Controller by the District, which changes occur as
a result of such verification, shall be certified by the District to the Orange County Auditor -
Controller .
S. Collection Fee. County will charge the sum of 0.30 percent (0.30%) of the original
value for each special tax, fee, or assessment that is to be collected on the County tax rolls by the
County for the District.
6. Charge for Revision of Assessment. After the roll has been delivered by the Orange
County Auditor -Controller to the Orange County Tax Collector the County will charge the District n
for each fixed charge special assessment changed or deleted. Said charge shall be S15.00 for each
assessment or parcel number placed on the County Secured Assessment Roll. Payment shall be
submitted to the Orange County Auditor -Controller with the request for the change or deletion.
7. Modification of Collection Fees and Charges. The County reserves the right to
increase or decrease any charges herein provided in proportion to any changes in costs incurred by
the County in providing the services described herein, provided that written notice of any increase or
decrease in charges shall be given by the County to the District on or before May 15 of any year
during the term of the Agreement.
8. Authority for Levy and Compliance with Law. 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 Article XIIIC and XIIID of the California
Constitution (Proposition 218).
9. Release. 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 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 or assessments as contemplated in this agreement, including
but not limited, any required remedial action in the case of delinquencies in such assessment
payments or the issuance, sale, or administration of any bonds issued in connection with the
District's program. 71
2
10, Indemnification. District agrees to and shall defend. indemnify and save harmless
County and its officers, agents and employees ("indemnified parties") from any and all claims.
demands, liabilities, costs and expenses. damages. causes of action. and _judgments, in any manner
arising out of any of District's responsibility under this agreement, or other action taken by District in
establishing a special tax. I'm or assessment and implementing collection of special taxes. fees, or
assessntcnl as contemplated in this agreement, including but not limited, any required remedial action
in the case of delinquencies in such assessment payments or die issuance, sale. or administration of
any honds issued in connection with the District's program.
H. Cooveration. District agrees that its officers, agents and employees will cooperate
Nvith County by answering inquiries made to District by any person concerning 1)istrict's special tax,
lec, or assessn►enl, and District agrees That its officers. agents and employees will not refer such
individuals making inquiries to County ol'lieers or employees (or resperose.
12. Assi in►�nl. District ahatl not assign or transfer this agreement or am' interest herein
and any such assignment or transfer or attempted assignment or transicr of this agrcentenl or nny
interest herein by District shall be void and shall immediately and automatically terminate this
agreement.
13. Term of Agreement. All existing agreements between the County and District
pertaining to collection of taxes and special assessments by the County for the District shall be
tern►inaled upon the executic►n ol'this Agreement. This Agreement shall continue front %,car to year
and shall be subject to cancellation by either party by giving written notice to the other party of
cancellation prior to July I st ol'the preceding fiscal year.
ISI. Waiver. County or District's waiver of breach of any one terns, 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 Nvi,rNESS WHEREOF, the Parties hereto have signed this Agreement as ofthe day and
year first above written.
City of San Juan Capistrano , I)IS'num-
any:
D-A� pv-�O�
Its: Mayor
COUNTY OE' ORANGE:
-, -I 7�� crank Davies
APPROVED AS TO FORM:
Ucpuq County Counsel
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Ucpuq County Counsel
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