Resolution No. 8213F
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RESOLUTION NO. 8213
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON APPROVING AND AUTHORIZING THE EXECUTION OF
AN AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES BY
AND BETWEEN THE CITY OF VERNON AND THE LOS ANGELES
COUNTY AUDITOR -CONTROLLER
WHEREAS, on August 17, 1999, the City Council of the City of
Vernon adopted Resolution No. 7402 approving an Agreement for Billing
of Special Parcel Taxes with the Los Angeles County Auditor -Controller
("Auditor -Controller") that was to continue from year to year, unless
terminated by a thirty -day notice; and
WHEREAS, due to an increase in the automated input per
assessment per parcel fee and in order to continue services for the
collection of Special Parcel Taxes, it is necessary to execute a new
agreement with the Auditor -Controller in a form prescribed in the
Auditor -Controller's Direct Assessment Submission Procedure Manual;
and
WHEREAS, Los Angeles County will place Special Parcel Taxes
on the Secured Tax Roll and distribute collections to the City of
Vernon at the same time and in the same manner as property taxes are
collected and distributed; and
WHEREAS, by letter dated June 11, 2003, Bruce V.
Malkenhorst, City Administrator/City Clerk, recommended that the
Agreement for Billing of Special Parcel Taxes with the Auditor -
Controller be approved and executed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
28 11 SECTION 1: The City Council of the City of Vernon hereby
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finds and determines that the recitals contained hereinabove are true
and correct.
SECTION 2: The City Council of the City of Vernon hereby
approves the Agreement for Special Parcel Taxes with the Los Angeles
County Auditor -Controller, a copy of which is attached hereto as
Exhibit "A" and made a part hereof.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and the City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council of the City of Vernon hereby
directs the City Clerk, or his designee, to send a certified copy of
this Resolution and two (2) executed original Agreements to:
Susan Linschoten, Division Chief
Direct Assessment Processing Unit
County of Los Angeles
Auditor -Controller, Tax Division
500 W. Temple Street, Room 153
Los Angeles, CA 90012-2766
SECTION 5: The City Clerk of the City of Vernon shall
certify to the passage of this resolution, and thereupon and
thereafter the same shall be in full force and effect.
APPROVED AND ADOPTED this 18th day of June, 2003.
ATTEST:
J
/��' "-�- -O�Z5� ____
BRUCE V. MALKENHORST, City Clerk
EONIS C. MALBUR , Mayo
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do
hereby certify that the foregoing Resolution, being Resolution No.
8213, was duly adopted by the City Council of the City of Vernon at a
regular meeting of the City Council duly held on Wednesday, June 18,
2003, and thereafter was duly signed by the Mayor of the City of
Vernon.
(SEAL)
BRUCE V. MALKENHORST, City Clerk
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EXHIBIT
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AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES
THIS AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES is made,
entered into and executed in duplicate originals, either copy of which
may be considered and used as the original hereof for all purposes, as
of this 18th day of June, 2003, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN THE CITY OF VERNON (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND LOS ANGELES COUNTY AUDITOR -CONTROLLER
(hereinafter referred to as the "LAC
Auditor -Controller")
County Auditor -Controller Tax Section
500 W. Temple Street, Room 153
Los Angeles, California 90012-2766
RECITALS
WHEREAS, the City requires the LAC Auditor -Controller to
provide the service of placement of a special parcel tax on the Secured
Tax Roll and distribution of collections to the City; and
WHEREAS, the City and the LAC Auditor -Controller entered
into an Agreement for Billing of Special Parcel Taxes on August 18,
1999; and
WHEREAS, in accordance with the LAC Auditor -Controller's
Direct Assessment Submission Procedure Manual, April 2003, certain
fees have been revised necessitating a new agreement being entered
into with the LAC Auditor -Controller for the services hereinafter
described.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
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OR
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ISET FORTH HEREIN:
I. PROPERTY TAX SERVICES.
Los Angeles County will place special parcel taxes on the
Secured Tax Roll and distribute collections to the City at the same
time and in the same manner as Los Angeles County property taxes are
collected and distributed. The City will adhere to the policies and
procedures established by the LAC Auditor -Controller as outlined in the
Direct Assessment Submission Procedure Manual.
Fee for Billing Services.
For billing of special parcel taxes, the LAC Auditor -
Controller shall collect the following charges:
Diskette/CD Input - $0.20 per assessment per parcel
Manual Input - $1.40 per assessment per parcel
For correction of special parcel taxes requested by the City
after extension of the tax roll, the LAC Auditor -Controller will
collect $13.00 per correction.
The LAC Auditor -Controller will charge an additional fee for
extended services provided to the City that are outlined in the
Auditor -Controller Direct Assessment Submission Procedure Manual.
II. COLLECTION OF AUDITOR -CONTROLLER FEES.
Direct Assessment billing charges are collected once a year,
on the January 1Oth advance distribution. Any additional charges are
deducted on the next available distribution of monies.
III. ACCOUNTING SERVICES.
The LAC Auditor -Controller has available a report of special
parcel taxes levied for the tax year by parcel and will be provided to
the City. Accounting Services beyond this will be considered extended
services and will be subject to additional charges and fees.
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IV. MODIFICATION OF COLLECTION FEES AND CHARGES.
The LAC Auditor -Controller reserves the right to increase or
decrease any charges herein provided, in proportion to any changes in
costs incurred by the Auditor -Controller in providing the services
described herein, provided that written notice of any increase or
decrease in charges is given to the City.
V. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW.
The authority for such levy, (i.e. resolution, ordinance or
election), shall accompany requests for the levy of special parcel
taxes. The City warrants that the taxes, fees, or assessments imposed
by the City and collected pursuant to this Agreement comply with all
requirements of state law, including but not limited to Articles XIIIC
and XIIID of the California Constitution (Proposition 218).
The City hereby releases and forever discharges Los Angeles
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 the City's responsibility
under this Agreement or other action taken by the City in establishing
a special tax, fee, or assessment and implementing collection of
special taxes, fees, or assessments as contemplated in this Agreement.
The City agrees to and shall defend, indemnify and save
harmless Los Angeles County and its officers, agents and employees
("indemnified parties") from any and all claims, demands, liabilities,
costs and expenses, damages, causes of action and judgment, in any
manner arising out of any of the City's responsibility under this
Agreement, or other action taken by the City in establishing a special
tax, fee, or assessment and implementing collection of special taxes,
fees, or assessments as contemplated in this Agreement.
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If any judgment is entered against any indemnified party as a
result of action taken to implement this Agreement, the City agrees
that Los Angeles County may offset the amount of any judgment paid by
Los Angeles County or.by any indemnified party from any monies
collected by Los Angeles County on the City's behalf, including
property taxes, special taxes, fees, or assessments. Los Angeles
County may, but is not required to, notify City of its intent to
implement any offset authorized by this paragraph.
VI. TERMS OF AGREEMENT.
All existing agreements between Los Angeles County -Controller
and City pertaining to the collection of special parcel taxes shall be
terminated upon the execution of this Agreement. This Agreement shall
continue from year to year and shall be subject to cancellation by
either party by giving a thirty (30) day written notice to the other
party of cancellation.
Notices to the parties, unless otherwise requested, shall be
sent to:
CITY: THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
LAC AUDITOR -
CONTROLLER: LOS ANGELES COUNTY AUDITOR -CONTROLLER
COUNTY AUDITOR -CONTROLLER TAX SECTION
500 W. TEMPLE STREET, ROOM 153
LOS ANGELES, CA 90012-2766
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IN WITNESS WHEREOF, the City and the LAC Auditor -Controller
have caused this Agreement to be executed by and through their
authorized officers on the date, month and year first written above.
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
THE CITY OF VERNON
LEONIS C. MALBURG, Mayor
Date:
LOS ANGELES COUNTY
AUDITOR -CONTROLLER
am
Auditor -Controller
Print Name:
Date:
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SUPPORTING
DOCUMENTS
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AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES
THIS AGREEMENT FOR BILLING OF SPECIAL PARCEL TAXES is made,
entered into and executed in duplicate originals, either copy of which
may be considered and used as the original hereof for all purposes, as
of this 18th day of June, 2003, in the City of Vernon, County of Los
Angeles, California
BY AND BETWEEN THE CITY OF VERNON (hereinafter referred
to as the "City")
4305 Santa Fe Avenue
Vernon, California 90058
AND LOS ANGELES COUNTY AUDITOR -CONTROLLER
(hereinafter referred to as the "LAC
Auditor -Controller")
County Auditor -Controller Tax Section
500 W. Temple Street,, Room 153
Los Angeles, California 90012-2766
RECITALS
WHEREAS, the City requires the LAC Auditor -Controller to
provide the service of placement of a special parcel tax on the Secured
Tax Roll and distribution of collections to the City; and
WHEREAS, the City and the LAC Auditor -Controller entered
into an Agreement for Billing of Special Parcel Taxes on August 18,
1999; and
WHEREAS, in accordance with the LAC Auditor -Controller's
Direct Assessment Submission Procedure Manual, April 2003, certain
fees have been revised necessitating a new agreement being entered
into with the LAC Auditor -Controller for the services hereinafter
described.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
1 SET FORTH HEREIN:
2 I. PROPERTY TAX SERVICES.
3 Los Angeles County will place special parcel taxes on the
4 Secured Tax Roll and distribute collections to the City at the same
5 time and in the same manner as Los Angeles County property taxes are
6 collected and distributed. The City will adhere to the policies and
7 procedures established by the LAC Auditor -Controller as outlined in the
8 Direct Assessment Submission Procedure Manual.
9 Fee for Billing Services.
10 For billing of special parcel taxes, the LAC Auditor-
11 Controller shall collect the following charges:
12 Diskette/CD Input $0.20 per assessment per parcel
13 Manual Input - $1.40 per assessment per parcel
14 For correction of special parcel taxes requested by the City
15 after extension of the tax roll, the LAC Auditor -Controller will
16 collect $13.00 per correction.
17 The LAC Auditor -Controller will charge an additional fee for
18 extended services provided to the City that are outlined in the
19 Auditor -Controller Direct Assessment Submission Procedure Manual.
20 II. COLLECTION OF AUDITOR -CONTROLLER FEES.
21 Direct Assessment billing charges are collected once a year,
22 on the January loth advance distribution. Any additional charges are
23 deducted on the next available distribution of monies.
24 III. ACCOUNTING SERVICES.
25 The LAC Auditor -Controller has available a report of special
26 parcel taxes levied for the tax year by parcel and will be provided to
27 the City. Accounting Services beyond this will be considered extended
28 services and will be subject to additional charges and fees.
1 IV. MODIFICATION OF COLLECTION FEES AND CHARGES.
2 The LAC Auditor -Controller reserves the right to increase or
3 decrease any charges herein provided, in proportion to any changes in
4 costs incurred by the Auditor -Controller in providing the services
5 described herein, provided that written notice of any increase or
6 decrease in charges is given to the City.
7 V. AUTHORITY FOR LEVY AND COMPLIANCE WITH LAW.
8 The authority for such levy, (i.e. resolution, ordinance or
9 election), shall accompany requests for the levy of special parcel
10 taxes. The City warrants that the taxes, fees, or assessments imposed
11 by the City and collected pursuant to this Agreement comply with all
12 requirements of state law, including but not limited to Articles XIIIC
13 and XIIID of the California Constitution (Proposition 218).
14 The City hereby releases and forever discharges Los Angeles
15 County and its officers, agents and employees from any and all claims,
16 demands, liabilities, costs and expenses, damages, causes of action,
17 and judgments, in any manner arising out of the City's responsibility
18 under this Agreement or other action taken by the City in establishing
19 a special tax, fee, or assessment and implementing collection of
20 special taxes, fees, or assessments as contemplated in this Agreement.
21 The City agrees to and shall defend,.indemnify and save
22 harmless Los Angeles County and its officers, agents and employees
23 ("indemnified parties") from any and all claims, demands, liabilities,
24 costs and expenses, damages, causes of action and judgment, in any
25 manner arising out of any of the City's responsibility under this
26 Agreement, or other action taken by the City in establishing a special
27 tax, fee, or assessment and implementing collection of special taxes,
28 fees, or assessments as contemplated in this Agreement.
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If any judgment is entered against any indemnified party as a
result of action taken to implement this Agreement, the City agrees
that Los Angeles County may offset the amount of any judgment paid by
Los Angeles County or by any indemnified party from any monies
collected by Los Angeles County on the City's behalf, including
property taxes, special taxes, fees, or assessments. Los Angeles
County may, but is not required to, notify City of its intent to
implement any offset authorized by this paragraph.
VI. TERMS OF AGREEMENT.
All existing agreements between Los Angeles County -Controller
and City pertaining to the collection of special parcel taxes shall be
terminated upon the execution of this Agreement. This Agreement shall
continue from year to year and shall be subject to cancellation by
either party by giving a thirty (30) day written notice to the other
party of cancellation.
Notices to the parties, unless otherwise requested, shall be
sent to:
CITY:
LAC AUDITOR -
CONTROLLER:
THE CITY OF VERNON
ATTN: BRUCE V. MALKENHORST
CITY ADMINISTRATOR
4305 SANTA FE AVENUE
VERNON, CA 90058-0805
LOS ANGELES COUNTY AUDITOR -CONTROLLER
COUNTY AUDITOR -CONTROLLER TAX SECTION
500 W. TEMPLE STREET, ROOM 153
LOS ANGELES, CA 90012-2766
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IN WITNESS WHEREOF, the City and the LAC Auditor -Controller
have caused this Agreement to be executed by and through their
authorized officers on the date, month and year first written above.
THE CITY OF VERNON
(LEONIS C . MALBIJRG, Mai or
Date: zq
ATTEST:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
EDUARDO OLIVO, City Attorney
LOS ANGELES COUNTY
AUDITOR -CONTROLLER
Auditor -Controller
Print Name:
Date:
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SUPPORTING
DOCUMENTS
CITY COUNCIL
LEONIS C. MALBURG
Mayor
THOMAS A. YBARRA
Mayor Pro-Tem
WM. 'BILL" DAVIS
Councilman
H. "LARRY" GONZALES
Councilman
W. MICHAEL MCCORMICK
Councilman
BRUCE V. MALKENHORST
City Administrator/City Clerk
FAX (323) 826-1438
CITY HALL
4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058
TELEPHONE (323) 583-8811
.June 26, 2003
Susan Linschoten, Division Chief
Direct Assessment Processing Unit
County of Los Angeles
Auditor -Controller, Tax Division
500 W. Temple Street, Room 153
Los Angeles, CA 90012-2766
Re: Agreement for Billing of Special Parcel Taxes
To Whom It May Concern:
EDUARDO OLIVO
City Attorney
FAX: (562) 869-1883
KEVIN WILSON
Director of Community Services & Water
FAX: (323) 826-1435
KENNETH J. DeDARIO
Director of Utilities
FAX: (323) 826-1425
STEVEN E. PARKER
Fire Chief
FAX: (323) 826-1407
BRUCE W. OLSON
Police Chief
FAX: (323) 826-1481
Transmitted herewith is a certified copy of Resolutior No. 8213 -arid
;.wo duplicate criginal copies of the above referenced agreement
approved by the Vernon City Council on Tune 25, 2003 Please execute
both agreements AND return one fully execu�(--d original agreement to
the Cit� Of Vernon.
If you have any questions regarding this :T�atter, please call Mr.
Eduardo Cli:vo, Esq. , at (32.3) 583-6-81 ext. 310.
Very truly yours,
a Oros
Chief Deputy City Clerk
GJo/ g'
CC: Eduardo 01.1.vo
Agxeemer..t No o3-049
CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES)§
CITY OF VERNON )
I, Gloria J. Orosco, Chief Deputy City Clerk of the City of
Vernon, County of Los Angeles, State of California, do hereby
certify that the attached is a true and correct copy of
Resolution No. 8213, entitled:
Resolution No. 8213 - A Resolution of the City Council of
the City of Vernon Approving and Authorizing the Execution
of an Agreement for Billing of Special Parcel Taxes by and
Between the City of Vernon and the Los Angeles County
Auditor -Controller.
IN WITNESS HEREOF, I have hereunto set my hand and affixed
the Official Seal of the CitX of Vernon, County of Los Angeles,
State of California, thi y of June, 2003.
SEAL:
Gloria J. rosco
Chief Deputy City Clerk