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Home My WebLink AboutRES 1997-23 - Board fE oL uTlOn� nw s 2 ................ -.. . ............. ....... ......... ................ .. ..... . .............. .......... .. . ............... ........ a rHE ........ ...... ..RO WEE DON hE PUBLIC t1T L TY fs 1 f T our MING fxEcur�oN c�F A sraNa�aRr�F4f21V� ra�c . COLLECTION SERVICES CQNTRACT OWN BLH-. LF�3F THE bESTR/CT BE IT RESOLVED by the Board of Directors of the District as follows: 1. That the General Manager of the District is hereby authorized to execute, on behalf of the District, a Standard Form Tax Collection Services Contract between the District and the County of Nevada authorizing the County to collect special assessments on a continuing basis. This contract defines the terms for the collection of special taxes, special assessments, and/or parcel changes, by the County of Nevada, at the same time and in the same manner as secured real property taxes are collected. 2. That the District recognizes its responsibility to comply with Proposition 218 for all collection items submitted to the County of Nevada under this agreement. PASSED AND ADOPTED by the Board of Directors at a meeting duly called and held within the District on the fifth day of November 1997 by the following roll call vote: AYES: Aguera, Jones, Maass, Sutton and Hemig. NOES: None. ABSENT.- None. TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Peter L. H Izmeis er, CI k of the oard AT T: Susan M. Craig, Deputy Dis ' t Clerk smc y r v 4 f r, II .., STANDARD FORM TAX COLLECTION SERVICES CONTRACT COUNTY OF NEVADA THIS AGREEMENT is made and entered into this dayof ,ri ,� „�►, 1997 by and between the Truckee Donner Public Utiity District hereinafter referred to as "District" and COUNTY OF NEVADA, hereinafter referred to as "County". RECITALS: WHEREAS, the parties desire to enter into an agreement whereby special taxes, special assessments and/or parcel charges will be collected by the County at the same time and in the same manner as County secured real property taxes are collected; and WHEREAS, Governnnent Code Section 29142 permits the Board of Supervisors to establish a fee for su^.h service. which f'ae, v:ilen collected, shad belong to the County and shall be deposited in the County's general fund to cover the expense and compensation of such officials of the County; and WHEREAS, Govern.-rent Code Section 29304 provides that whenever any special assessment or special assessment taxes are levied upon land or real property by any district and the same are to be collected by the County, there shall be added to the amount of the special assessment or special assessment tax an amount fixed by Board of Supervisors' Resolution for each special assessment or special assessment tax to be collected: An equal part of such charge shall be collected with each installment of such special assessment or special assessment tax and shall be deducted by the County officer collecting the tax and by that officer be paid into the general fund of the County; and WHEREAS, County has established a Special Assessment Fund (Fund 312) to account for the billing and collection of tax assessments for services for all districts prior to the transfer to the County's general fund; and WHEREAS,District desires to retain County to provide the following services: PLACEMENT OF SPECIAL TAXES, SPECIAL ASSESSMENTS OR PARCEL CHARGES ON 'THE COUNTY SECURED TAX ROLLS TO ENABLE 'THE . AUDITOR TO BILL AND THE TAX COLLECTOR TO COLLECT THEM AND `I AUDITOR TO DTQ!I M j-rrE T 1; oily WHEREAS, County is agreeable to render the aforesaid services. NOW, 'THEREFORE, for and in consideration of the agreement made, and the a ents to be made by District, the parties agree to the following: p 1. SCOPE OF SERVICES: County agrees to provide the following services: A. At District's specific request and as provided by District, add all eligible special parcel charges, special assessments or special taxes to the secured property tax rolls and include a .. them on the tax bills; B. Collect all special parcel charges, speciall assessments or special taxes in the same manner taxcol.agr _ I _ 4/07/97 o as the secured real property taxes are collected; C. Apportion all special parcel charges, special assessments or special taxes according to law; D. County will not collect such special parcel charges, special assessments or special taxes on property which is not otherwise appearing on the County's assessment roll, including, but not limited to property which is held in the name of a city, district or other governmental agency; E. At District's specific request, a report of all special charges being added to the roll by parcel number and tax area code; F. At District's specific request, a report by tax area code noting parcel charge by type code (improved, unimproved, etc.); G. At District's specific request, a charge and paid report following first installment and second installment-bLluias by parcels within payment code. 2. DISTRICT FURNISHED INFORMATION: The District agrees to: A. Provide District resolution requesting placement on the County tax rolls on an annual basis; B. Provide parcel charge data in a- format acceptable to the County and the County's computer system no later than August 15th of each year. Correct any errors in parcel charges data not acceptable to County's computer system. p 3. REMOVAL FROM TAX ROLL At District's request, taxes or assessments placed on the tax rolls may be removed from the delinquent roll at any time. Once they are removed from the roll, the same taxes or assessments may not be reinstated to the tax rolls. 4. FEES: The fees for furnishing services under this Contract shall be based on Resolutions of the Nevada CVtw:it�' ✓Vi�ilrw of � �^ pn+r.��n •w.. the current L C a,. • ' � y Sup- mi'sor s w�avushu,6 Laic true i ent te..s wnlcn arc adopted from time to time. The fees in place at the time the Board of Supervisors adopts its Resolution authorizing the collection of the parcel charges, special assessments or special taxes shall be the applicable fees for that fiscal year. A public hearing shall be held prior to changing the fees. 5. PAYMENT: The fees for services under this Contract shall be invoiced annually. County may deduct the fee from the District's funds if invoice is not paid when due. Fees will be deposited in the Special Assessment Fund (Fund 3120004000 45010). 6. CONTRACT PERFORMANCE T ME; .. All the special taxes, special assessments and/or parcel charges shall be placed on the tax roll in time for inclusion on the next fiscal year's tax bills so long as the proper documents are provided by District on or before August 15th of the current year. taxcol.agr -2_ 4/07/97 7. TIME OF AGREEMENT: This Agreement shall commence on July 1, 1997 and shall continue in effect until terminated b either party pursuant to paragraph 8 below. y S. TERMINATION: A. If the District fails to provide in any manner the information or documentation required under this Contract or otherwise fails to comply with the terms of this Contract or violates any ordinance, regulation or other law which applies to its performance herein, the County may terminate this Contract by giving five (5) calendar days written notice to the party involved. B. Until the taxes or assessments are placed on the tax rolls, either party hereto may terminate this Contract for any reason by giving thirty (30) calendar days written notice to the other pexties. Notice of te:nmination shall be by written notice to the other parry. 9. RELATIONSHIP BETWEEN THE PARTIES: It is expressly understood that in the performances of the services herein, both parties shall act in an independent capacity and as independent contractors and not as officers, employees or agents of the other party. 10. AMENDMENT: r, This Contract may be amended or modified only by written agreement of all parties. 11. JURISDICTION AND VENUE: This Contract shall be construed in accordance with the laws of the State of California and the parties hereto agree that venue shall be in Nevada County, California. 12• INDEIMI MCATION: District agrees to indemnify, defend, and hold County harmless from any and all liabilities which it may incur as a consequence of this Contract and from any and all claims and/or losses to anyone who may be injured or damaged by reason cf County's performance of tr�is Contract. Ties indemnification shall apply, at a minimum, to any claim or suit to detern ine the legality of the tax or assessment, to the accuracy of information provided by the District and any legal procedures employed by the Tax Collector in collection of the taxes or assessments. 13. NOTICES: Notices shall be given to County at the following location: Auditor-Controller County of Nevada 950 Maidu Avenue Nevada City, California 95959 Notices shall be given to District at the following address: taxcol.agr -3 - 4/07/97 Truckee Donner Public Utility District P, 0. Box 309 Truckee, CA 9616n IN WITNESS WHEREOF, the parties hereunto have executed this Contract on the date first above written. COUNTY OF NEVADA: ATTEST: CATHY R. THOMPSON . By: Clerk of the Board Chairman, Board of Supervisors of Supenisors By: APPROVED AS TO FORM: COUNTY COUNSEL y By DISTRICT: Truckee Donner Public Utility District ATTEST: By. _/� Name: Peter L. Holzmeister Title: General Manager taxcol.agr -4- 4/07/97