HomeMy WebLinkAboutORD NO 525 '..'R'.~';)Z{i,]AS, the City Council hereby declares that an ener-
gency exists for t!ne i~mmediate preservation of the public safety,
peace and property, in that it has been called to the attention of
the Council that due to the decision of the Supreme Court of the
State of California in the case of Gottstien vs, Felly, 206 Cal,
V42, the possible constr~ction to be placed unon the provisions
of Section 69 of Taxation Or[.inance i~o, SO New Series, and of
tion 6V of Taxation Ordinance A.'~o, 514 New :;eries of the City of
Bakersfield, which superseded it, would reauire that taxes, penalties
and costs should be separately shown on the publication of the delin-
quent list and notices of sale ~nder Section V5 of Taxation Ordinance
ilo, 30 New Series, and of Section V3 of Taxation Ordinance No, 514
New Series, v~ich superseded it, and that the meaning of said
Sections 69 and V5 of Taxation Ordinance [~'Yo, 30 New aeries, and of
Sections 6V and V3 of Taxation OrSinance i~o. 514 i~ew Series, which
superseded them, should bs clarified, and the intention of the Coun-
cil at the tiv3e said sections here passed by said Co~cil should be
e~essed, and in order to so clarify said sections it is necessary
that said Section 6V of Taxation Ordinance No, 514 New Series should
be amended by an emergency ordinance,
BE !T ORDA!!O~D BY TI-I.'7 COETCI)i, 0F TI'fT~.: CITY OF B!~i['.uR
as follows:
SECTION 1.
That Section 87 of Taxation Ordinance No. 81~ New Series
of the City of Bakersfield, e~titled ~'AW OHDINAHCE P.~OV~Di~C
THE ASSESS!DD3;T Of.' PROPE~tTY YZ TELE CiTY OZ BAK~';~SL~.'iL'~LD, POR
L);:~Zi?.YS Of.' TA.'O~ T]'.Z~ '....O;ff: .:'kv`) 1..'071 Tff' COi,)',i. jCTiOi O] : ::.'~".; S.f:.lL~;
REPT,~.A'CI~.,TG O~DIiT~.".TC?~ it'T0. 513 ],l.~.;"'/:i.;i~Z. D ~'LT'D ALL ~-]"'.=;;.TD~
be and the sa~e is bem~eby s. mende~. to read s.s follov~s:
SECTION 6V.
0n or before the eighth day of Jtme of each year, the
Tax Collector :nust publish the delinquent list, ~vl~ich 7~ust conto. i;~.
the ne. mes of persons and a description of the property delinquent
and an amomt equal to the total amomt of all taxes, assess~ents,
penalties and costs due, and ¥~hich are a lien thereon; provided,
however, that before publicatio~ of said list the Tax Collector
and Auditor shall jointly arrange said list in such n~.nner ths. t
said 'publicatio~q shall des~.Cnste in so~?e particular 7:~anner t~e
property contained in said list v~hich v~ss sold. to the City five
or r~ore years previo~.s ~der the orovisions of Section V3 of
this Ordinance, on v~hicb the taxes renain unpaid, or ~:~hich
property has not been redeemed or the sale thereof csnceled,
and of which property the City of Bakersfield would othersvise be
entitled to a deed after a lapse of five yea~s fron~ said previous
sale.
SECTION 2.
The Com~cil hereby declares that the amend.~aent to Section
8V of Taxation Ordinance No. 514 i. Te~; Series of the City of Bakers-
field, contained in this ordinance, is not a change in, but a
statement and declaratory of the ordinance as the Comcil intended
it to be by the ter~.s of Section 69 of Taxation 0rdinsnce No. 30
He~ Series, and of Section 6V of Taxation Ordinance ~.To. 514 Nev~
Series, which superseded it, prior to this amendment. ~ll publics-
tions of the delin~.uent list or notices of sale under Sections 69
and V5 of Taxation Ordinance No. 30 F~!ev~ ~l, eries, and of Sections 6V
and V3 of Taxation Ordinance No. 514 iTev~ ~eries, v;hich superseded
them, failing to enter te. xes, penalties and costs as separate
entries but entering th.e foregoS.ng amomts in one total s~ and
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all sales, certificates of sale, tax deeds or other tax coDveyances
based upon such entries on any assessment roll or delinquent list
are hereby confirmed, validated and legalized, and the sar..~s shall
be construed and. operate at all times and upon all occasions in
la:v in the same manner as if such. entries '~:ere separately set
forth on the delinquent list DndeP ~ection 89 of Taxation Ordin-
ance No. 50 New Series and ~deP Section 8V of Ta~mtion 0Pdinsnce
lie. 514 New Series, which superseded it, and on notices of sale
~nder Section 75 of Taxation Oralins. rice i.To. 30 New Series, and ~der
Section V3 of Taxation Or-~insnce No. 514 New ~erics, which super-
seded it.
SU:~CTION 3.
Xf any section, s~,.b-section, clause, or phrase of this
ordinance is for any rsasoD. held to be %mconstitutional such
decision shall not affect the validity of the remaining sections
of this ordinance. The Council hereby declares that it would
have passed this ordinance, and each section, sub-section, sen-
tence, clause and phrase thereof, irrespective of the fact that
any o~ or more other sectio:-~s, sub-sections, sentences, cla~.ses
oP phrases be declared mcon~'t!tut!ons. 1.
SECTiOI,~ 4.
This ordinance is declared to be an emergenc~.~ ordinance
within the meaning of Section 24 of the Charter of the City of
Bakers~ield State of California, and necessary for the ir~eS~ato
preservation of the pr.blic safet~, peace and propert~, an~ shall
be in effect i~'mediately ~.pon its passage by the Comcil of the
City of Bakersfield.
o0o
I tI.~"~BY CZEMTZ~ that the fore~oin[ ~sergency Or"inance
was passed and adopted by the Cot, ncil of the City of Bakersfield,
at a regular meeting thereof, held on the 24th day of October,
1938, by the following vote:
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Cit bler~
Coua~cil of the City of Bakers field.
APPROVED by me this~~d! of ~ -y
I..U~,YOR o~ the Cit""~"~~' of Bakersfield.
1938.