HomeMy WebLinkAboutRESO 5354• • OR!GIN:-\L
RESO!..UTION UO , 5354
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
REQUESTING THE-SANTA CLARA COUNTY BOARD OF SUPERVISORS
TO EX~EPT-OR.EXEMPT ALL PROPERTY WITHIN THE BOUNDARIES
OF THE.CIT~ OF""PALO ALTO FROM ASSESSMENT OR TAXATION
TO COVER ANY 'PORTION OF THE COUNTY'S COSTS IN PROVIDING
FIRE PROTECTION SERVICES
WHEREAS, Section 25643 of the Government Code authorizes the
board of sup.erv.isors·of a co\lllty to levy taxes on the prope~ty
located within the· county to cover county's costs of providing fire
protection.services to such properties; and
· WHBBBAS, Section·2564~ further provides that if any city within
the county, prior to March l of any year, files with the board of
supervisors a resolution declaring that the city is providing fire
protectioa s·e.rvices within its jurisdiction, the property within
the city· shall not be assessed during the following fiscal year or
any year thereafter for any portion of the county's costs of fire
protection services;
NOW, ·-'l'REREF0RE·, the Council of the City of Palo Alto does
RBS0LVE as follows: _
SECTION 1. That the City Co~~cil of tha City 0£ Palo Alto flnds
anci declares that:· ·the· City is providing fire protection services to
the property within its. jurisdiction.
SECTION 2. That purs1mnt to Section 25643 of the Government Cod'!
of the-'S°t-ate, the City of Palo Alto requests that the County of Santa
Clara except-or·exempt-all propercy within the boundaries of the City
pf Palo Alto from asse~sment or taxati~n to cover any portion of the
County's costs in providing ftre protection services.
SECTIC~ ~-·rhe Council of the City of Palo Alto hereby finds
that the enactment of this resolution is not a "project" within the
meaning of-tba~~-term as' defined in Section 11. 04.130 of the Palo Alto
Municipal ~ .and·;. therefore, no environmental assessment is necessary.
SECTION 4-~. That the City Clerk her~by is directed to file this
resolutlon .. WI'tb.~. the· Clerk of the Santa Clara County Board of Suyervisors
in· ac~orciGlce'rim-.Section 25643 of the Government Code.
INl'RODUCED AND .. PASSED: February 28, 1977
AYES: Beahrs, Berwald, Carey, Clay, Comstock, Eyerly, "orton, Sher, Wit!ier&poon
NOES· None
ABSEMT: None
• ...
AFFIDAVIT OF MAILING
I, -12. N /\) LT. (;7 "' l\Jt-It(
certify that I fuila citizen of the United States, over 18 years of
age; _that I mailed a copy of the attached:
RESOLUTION OF THE COUUCIL OF THE CITY OF PALO ALTO
REQUESTING THE SANTA CLARA COUNTY BOARD OF SUPERVISORS
TO EXCEPT OR EXEMPT ALL PROPERTY WITHIN THE BOUNDARIES
OF THE CITY OF PALO ALTO ;raoM ASSESSMENT OR TAXA1'ION
TO COVER ANY PORTION OF THE COUNTY'S COSTS IN PROVIDING
FIRE PROTECTION SERVICES
by placing said copy in an envelope addressed to:
Donald Rains, Clerk oi the
Board of Supervisors
County of Santa Clara
70 West Hedding Street
San Jose, California 95110
-which envelope was then sealed and postage fully prepaid thereon,
and thereafter was on February 28 1977, deposited
in the United States mail at Palo Alto, California.
I certify under penalty of perjury that the foregoing is
true and correc~.
Executed at Palo Alto, California on February 28, 1977.
~ 9&~1!/l (7 ·-
.. CITY OF' PALO AL TO • .. . ... .
INTER ·OFFICE COMM UNICATlON
To City Manar;er Date Febr\uiry 23, 1977 ---
From Assistant City Attorney Department
SUBJECT Resolution r~lating to Fire Protection
Services
At your request we have prepared a resolution similar
to that adopted by the City of ?fountain Vie~~ declaring
that the City provi<les its own fire protection services
a~d requestin& exenption from all assess~ents for taxation
for the County's fire protection services.
It should be noted that :Governnent Code Section 2561..,3
which aut:lwrize.s ouch a l.·~solution requires th1t it be
filed with the !;ounty Board of Supervisors m:ior to
i~arcn 1. . , .
Frou my reading of tL .. at code section it appears that
t~e filing r.rust ~,e with the Clerk of the ilo:?rd of Supervisors
rather than ~-1ith the Co'.lnty Clerk. If the resolution is to
be adopted at tha City Coun~il nee':i:i0 o= Februa;:oy ~S, 1977.
t!leu special :irra~er.:icnts should be Ilade to have the.· rc~olution
signed an.i Li.eli·1ered to the Clerk of the Board of Supervisors
on the e't!anin;.~ C>:: tltr; :::(''':tin.:;. 1:ie mir;b.t contact the Clerk
to ascertdi!1 wht.!tllc:: he 't'oalrl accept th.~ resolution on
li.arch 1, 1977, ~ri.thout prejudicillfi our rir;hts. liowever,
it is unclear ;.·rhether even the Coant;y ha~ the right to waive
the requirements of the code section. If an agreement is
reached to !illow fili-.:·g t:1 ~a reRolution on ~fcrch lst we
sho1Jld at le-ist: hav" ~n:itt~n assurar.ce fr<Jfl the County as
to the acceptability of that arranc~nt.
'r.i.e Cl~r!~ of the. '3oard o:I. S'D~~inurs i3 Donald }~aincs.
I will a.ss.l.~c that ·1our ofi::.c~ 'l:rl.il it:'lloq U'J on this u.a.tter
and will mak.a any n~ces~ary arran.3e!11entR ior ·the filing of
the resolution. If you desire cur. f~n:-th?.r ~ssistance in any
way please contact 1.-.0 as soon ns t'O~ :;:!.ble.
LOU!f. B • G~J:E~l
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