AGREEMENT
FOR THE COLLECTION
OF SPECIAL ASSESSMENTS
THIS AGREEMENT, made and entered into this ______day of ______, 20__, by and between the COUNTY OF KERN, a political subdivision of the State of California, (hereinafter referred to as “COUNTY”), and ______DISTRICT, a political subdivision within the State of California, (hereinafter referred to as “DISTRICT”).
W I T N E S S E T H :
WHEREAS:
(a)DISTRICT has heretofore utilized the services of COUNTY in the collection of its taxes and assessments; and
(b)DISTRICT is desirous of contracting with COUNTY pursuant to Section 29304 of the Government Code to utilize COUNTY’S tax collections personnel and procedures on its behalf to collect DISTRICT’S special assessments; and
(c)COUNTY is capable and willing to employ its usual collection procedures on DISTRICT’S behalf for special assessments lawfully established and levied by DISTRICT, and COUNTY is willing to attempt to collect them at the same time and in the same manner as other taxes on the tax roll are collected; and
(d)Section 29304 of the Government Code provides for compensation to be paid to COUNTY for collecting special assessments for DISTRICT and further provides that the amount of said compensation shall be fixed by agreement and added to the amount of the special assessments to be collected by COUNTY;
NOW THEREFORE, it is mutually agreed as follows:
1.COUNTY shall use good faith efforts in attempting to collect special assessments lawfully and properly levied by DISTRICT, using the same procedures and methods used to collect other taxes on the tax roll. COUNTY is acting solely as DISTRICT’S agent hereunder, consequently COUNTY’S liability for collection efforts hereunder shall be limited to liability associated with administratively handling the actual receipt and disbursement of DISTRICT’S special assessments. DISTRICT hereby agrees to indemnify and defend COUNTY for any claim or liability that exceeds the COUNTY’S liability set forth herein. All routine refunds or cancellations of invalid or erroneous assessments shall be made or handled on behalf of DISTRICT by the respective departments of COUNTY.
2.The following charge shall be added to each special assessment, and when a special assessment is collected in installments said added charge shall be likewise collected in equal parts by COUNTY’S Tax Collector for distribution to the general fund of COUNTY.
For special assessments levied upon any land or real property by any city, county, district or other public corporation, officer or body: a charge not to exceed $_1.00_ per special assessment per year for each parcel bearing such an assessment.
3.Payments to DISTRICT will be made at the same times and in the same manner as DISTRICT’S ad valorem taxes are paid to the DISTRICT.
4.This AGREEMENT may be terminated for the ensuing fiscal year by giving ten (10) days notice in writing to the other party prior to June 1 of the preceding fiscal year.
5.Notice given to the parties under this AGREEMENT shall be deemed given when sent to the following officials and places:
To COUNTY:Office of the Auditor/Controller/County Clerk
County of Kern County
1115 Truxtun Avenue
Bakersfield, CA 93301
To DISTRICT:______
______
______
IN WITNESS WHEREOF, pursuant to the authority granted by resolution duly adopted by its Board of Directors the DISTRICT has caused this AGREEMENT to be subscribed by its Chairman and attested by its Clerk, and pursuant to the authority granted by order duly enacted by its Board of Supervisors, the COUNTY has caused this AGREEMENT to be subscribed by the County Auditor/Controller/County Clerk.
COUNTY OF KERN
By: ______
Mary B. Bedard, C.P.A.
Auditor/Controller/County Clerk
For Chairman, Board of Supervisor
DISTRICT
______DISTRICT
By: ______
Chairman
APPROVED AS TO FORM:
By: ______
County Counsel, County of Kern
Word/Special Assessments/Agreement to Collect Special Assmt & Fees-District
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