HomeMy WebLinkAboutCity Council - 97-38 RESOLUTION NO. 97-38
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH AUTHORIZING THE
DIRECTOR OF ADMINISTRATIVE SERVICES/DEPUTY CITY ADMINISTRATOR
TO CERTIFY IN COMPLIANCE WITH PROPOSITION 218
TO THE AUDITOR/CONTROLLER OF THE
COUNTY OF ORANGE
WHEREAS, Proposition 218,which was adopted in November 1996, has significantly
altered local government and special district financing in California by imposing new
requirements and constraints on the ability of local agencies to impose taxes, property-related
fees and charges and assessments; and
The Auditor/Controller of the County of Orange has requested that local agencies certify
that any taxes,property-related fees and charges and assessments the agency requests be placed
on the property tax rolls comply with Proposition 218; and
The Auditor/Controller has further requested that the local agency defend and indemnify
the County against any challenge concerning compliance with Proposition 218, and permit the
County to offset any judgment for violation of Proposition 218 from any monies collected by the
County on behalf of the local agency, including property, taxes, special assessments, special
taxes, personal taxes, charges or fees;
NOW, THEREFORE,the City Council of the City of Huntington Beach hereby
authorizes the Director of Administrative Services/Deputy City Administrator,with the
concurrence and approval as to form by the City Attorney, to sign such a certification in
substantially the form as Exhibit A attached hereto.
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97-38
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of June , 1997.
Mayan
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney
psil b-2-`17
D APPROVED: INITIATED AND APPROVED:
a
r e
City Administrator Directo of Public orks
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97-38
Exhibit: A
PROPOSITION 218 CERTIFICATION
The {CITY hereby certifies that the special
assessments, special taxes, parcel taxes, charges, and/or fees which are to be placed on the
FY 1997-98 property tax roll meet the requirements of Proposition 218 which added
Articles XIIIC and MIID to the State Constitution.
The (CITY C—�A��TRIC f CI 3$I. 3-}TffI T- agrees to defend, indemnify and hold
harmless the County of Orange, the Board of Supervisors of the County of Orange, the County of
Orange Auditor-Controller and Treasurer-Tax Collector, and Orange County officers and
employees from Iitigation over whether the requirements of Proposition 218 were met with
respect to these special assessments, special taxes, parcel taxes, charges, and/or fees.
If any judgment is entered against any indemnified party as a result of not meeting the
requirements of Proposition 218 for these special assessments, special taxes, parcel taxes,
charges, and/or fees, the (CITY agrees that the
County of Orange may offset the amount of any judgment paid by an indemnified party from any
monies collected by . the County of Orange on behalf of the (CITY�'�� Y
including property taxes, special assessments, special taxes,
parcel taxes, charges, or fees.
Signature of Authorized Representative of City Council/
Dh rs
Title of Authorized Signer
Date
Res.No. 97-38
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of
the City of Huntington Beach, and ex-officio Clerk of the City Council of said City,
do hereby certify that the whole number of members of the City Council of the City
of Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at an regular meeting thereof held on the 16th day of June, 1997 by the following
vote:
AYES: Julien, Dettloff, Bauer, Sullivan, Green, Garofalo
NOES: None
ABSENT: Harman
a
City Clerk and ex-officiof lerk of the
City Council of the City of Huntington
Beach, California
G/resol uti/resbkpgl97-39