Section 7270 Of Chapter 3. Administration From California Revenue And Taxation Code >> Division 2. >> Part 1.6. >> Chapter 3.
7270
. (a) Prior to the operative date of any ordinance imposing a
transactions and use tax pursuant to this part, the district shall
contract with the board to perform all functions incident to the
administration and operation of the ordinance. If the district has
not contracted with the board prior to the operative date of its
ordinance, it shall nevertheless so contract and, in that case, the
operative date shall be the first day of the first calendar quarter
following the execution of the contract.
(b) The contract shall contain a provision that the district shall
reimburse the board for and hold the board harmless from any and all
costs, losses, or refunds of any kind whatsoever.
(c) The contract shall also contain a provision that, in the event
that a legal action is commenced challenging the validity of the tax
in its entirety, as opposed to its application to an individual
taxpayer, the district shall place the tax proceeds into an
interest-bearing escrow account until the legality of the tax is
finally resolved by a final and nonappealable decision rendered by a
court of competent jurisdiction. That provision shall be enforceable
by any interested person in a proceeding for a writ of mandate.
(d) The district shall be entitled to indemnity for any and all
costs, losses, or refunds from any entity, except the state, that
participated in the imposition of the tax. For the purposes of this
part, "participated" means any involvement in procuring the
legislation that authorized the tax, or in enacting or administering
the ordinance imposing the tax. Any organization that is a member of
the legislative body of the district imposing the tax has
participated in the imposition of the tax within the meaning of this
section.