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of the California Constitution and, therefore, San Francisco had paid excessive <br />taxes on properties in the Counties; and <br /> <br /> WHEREAS, in City and County of San Francisco v. County of San Mateo <br />([1995] 10 Cal. 4th 554; 41 Cal. Rptr. 2d 888, 896 P.2nd 181), the California <br />Supreme Court held that said Article XIIIA did apply to the calculation of taxes <br />payable by San Francisco and, therefore, San Francisco was entitled to refund <br />or credits for such overpayment; and <br /> <br /> WHEREAS, pursuant to settlement negotiations regarding the case, San <br />Francisco and each of the Counties have agreed to the amount due San <br />Francisco for taxes over-collected through fiscal year 1994-1995, plus interest; <br />and <br /> <br /> WHEREAS, the Counties have collectively paid San Francisco <br />$5,987,797.40, and have either paid, or have agreed to pay, an additional <br />amount upon receipt of an Acknowledgment of Receipt and Release of All <br />Claims from all Suburban Purchasers for all years through fiscal year 1994-1995; <br />and <br /> <br /> WHEREAS, San Francisco is willing to accept the foregoing amounts as <br />full satisfaction of the Counties' obligations to refund over-collected property <br />taxes through fiscal year 1994-1995 upon delivery of Acknowledgments of <br />Receipt and Release of All Claims from the Suburban Purchasers; and <br /> <br /> WHEREAS, the Bay Area Water Users Association ("BAWUA"), of which <br />this City is a member, has agreed upon the amounts which should be rebated to <br /> <br /> Reao-154 2 <br /> G:~shared~r edw(x)d~cou ncll <br /> DES:dJk <br /> 03/17/97 <br /> <br /> <br />