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HomeMy WebLinkAboutORD NO 772 WHERE&S, the City Council declares that an emergency exists making it necessary to provide for the daily operation o.f a municipal department by amending the City ordinance provid.ing, for the assessment of property in the City of Bakersfield, for the levying of taxes thereon a~ for the collection of the same. NOW~ TP~tE~0RE~ BE IT 0RDAI}~D BY T~E COUNCIL OF TRE CITY OF BAF~.~SFII~D~ as follows: SECTION 1 · That Section 3 of Ordinance No. 514 New Series of the City of Bakersfield~ be and the same is hereby amended to read as follows: Section 3. Any person claimi~ property to' be exempt from- taxati.on shall make:return thereof to the City Assessor annually, the same as other property listed for taxation~ and' shall accompany the same by an affidavit~ on forms to be furnished by or subject to the .approval of the Assessor~ stating the facts u~er which said property is claimed to be exempt. The Assessor may~ in his discretion~ require other or additional proof of the'facts stated by such affiant before allowing the exemption claimed. Affidavits required for exemptions named .in Divisi.on 1 ~ Part 2~ Chapter 1 ~ Article 2 of the Revenue and Taxation Code of the State of California~ except the Welfare' exemptlon~' shall be filed with the. Assessor between noon on the first Monday in March and % P.M. ~ on the 'last Monday in May. Affidavits for the "Wel~re ei~m-p~i'o'~-shAII-B~ 'filed wi~h' t-~e-A~s'sessor on--or-before-April -- first of each year. Failure upon the part of the person claiming any " such exemption to make affidavit or furnish evidence herein required at the times hereinabove specified~ shall be deemed and treated as a waiver of such exemption by such person. SECTION 2o That Section 46 of Ordinance No. ~14 New Series of the City of Bakersfield be and the same is hereby amended to read as follows: Section 46. Every· tax due upon real property is a lien against the property assessed. Every tax due upon improvements assessed to the same person to whom the land upon which they are located is assessed, is a lien upon the land and improvements, except when said la~t is exempt from taXation under the laws of the United States or the Constitution of the State of California, in which case said ta~ is a li'en upon the improvements alone. Every tax on improve- ments assessed to a person other than the assessee of the land on which they are located is a lien on the real property of the owb~r of such improvements; provided, that in order for such tax on im- provements to be a lien on any parcel of real property of the owner of such improvements, the fact of such lien must be indicated On the secured roll where any such parcel of real property is listed. Said liens attach aS of 'the first Monday in March of each year. SECTION 3- That there is hereby added to Ordinance NQ. :$,~.~ New Series of the City of Bakersfield, a new section to 'be numbered 46.1, to read as .follows ~ Section 46.1. Whenever improvements are owned by a person other tb~.Ii the owller of the land on which they are located, the owner of the improvements or the owl[er of the land may. file with the Assessor a written statement before the lien date attesti~g to their, separate ownership, in which event~ the la~ and improvements shall not be assessed to the same assessee. · ' SECTION 4~ ............................. _ ......... That there is hereby added to Ordinance No. ~14 New Series of the City of Bakersfield', a new section to be numbered 112.1~ to read as follows ~ Section 112.'1'.' Where delinquent taxes are not a lien on real property sufficient, in the Judgment of the Assessor or the' City Council~ to secure the payment of the taxes, the Assessor may sue in the name of the City of Bakersfield for the recovery of the delinquent taxe's~ with penalties and costs. In a~v such suit~ the assessment list.or a duly certified copy thereof, showing the assessee~ the property and unpaid taxes, is prima facie evidence of plaintiff's right to recover. SECTION %. This Ordinance is hereby declared to be an emergency measure witkin the meaning' of Section 24 of the Charter of the' City of Bakers- field, State of California~ and p~cessary to provide for the daily operat'ion of a municipal department, and shall take effect on the 1st day of March~ 1948. I BEB~Y CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meet- ing thereof held on the 16th day of February~ 1948, by the following votel AYES: CARNAKIS, CROSS, KUEHN, RYDER, SIEMON, 9ANDERLEI, VERCAMMEN NOES: .-~ ........................................... A~,~ENT: --~ City Clerk 4nd Ex~Officio Clerk of the Council of the City of Bakersfield. 0R o~ the City of Bakersfield, 3. I 1. STATE OF CALIFORNIAt County of Kern ~ ss. V. VAN RIPER, being duly sworn, deposes and says: That l~e is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and' that on.....F.~.~...ll.t!~..r.~. ........... L..~... .............. ,19..~.8.., he posted on t'h'e Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City .at a meeting thereof duly held on ....... ..F...~..b..~.t!..~?.~....~...~. ...................... 19..~.8..., which ordinance was numbered....~.~...~....New Series, and entitled: "AN ~,~GENCY ORDINANCE .A~E, NDING SECTIONS 3 .AND ~6, .AND ADDING NEW SECTIONS TO BE ~~ SECTI0~ · 6.1 A~ 112.1 TO 0~IN~CE ~. '~4 ~ S~I~ OF T~ CI~ 0F B.~SFI~D~ C.~I~R~." :'~"~*,~'~'. - . . - ~ · - - ...a. ---,. .... ,.- .... ~ ............ ~ 2' Sub~Flbed and sworn to befo~ me this :i ~ ~ ...l.~..~. ............ day of Februa~ ,19 ~8 ~.- : j · · ,+ '-,:. ........ ....... ........ ~.~..-~ No~ry Public in and for ~e County ~ Ke~, '-~__ ~ _.. ....... q...~