HomeMy WebLinkAboutORD NO 4575ORDINANCE NO. 4 5 7 5
ORDINANCE AMENDING SECTION 3.40.080 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO
TRANSIENT LODING TAX.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Section 3.40.080 of the Bakersfield Municipal Code is hereby amended to read
as follows:
3.40.080 - Security requirements.
The tax collector, whenever he or she deems it necessary to insure compliance
with this chapter, may require any person subject thereto, to place with him or her such
security as the tax collector may determine. The amount of the security shall be fixed
by the tax collector but, except as noted below, shall not be greater than twice the
estimated average liability of persons filing returns for monthly periods or ten thousand
dollars whichever amount is the lesser. The amount of the security may be increased or
decreased by the tax collector subject to the limitations provided in this chapter. The tax
collector may sell the security at public auction if it becomes necessary to do so in order
to recover any tax or amount required to be collected, interest, or penalty due. Notice of
the sale may be served upon the person who placed the security personally or by mail,
if by mail; service shall be addressed to the person at his or her address as it appears in
the records of the tax collector. Security in the form of a bearer bond issued by the
United States or the state which has a prevailing market price may, however, be sold by
the tax collector at private sale at a price not lower than the prevailing market price
thereof. Upon any sale any surplus above the amounts due shall be returned to the
person who placed the security. Upon cessation of business an audit shall be
conducted by the tax collector. Any unpaid amounts due to the City of Bakersfield shall
be deducted from the security deposit and any remaining amounts shall be returned to
the person who placed the security deposit.
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ORIGINAL
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by
the Council of the City of Bakersfield at a regular meeting thereof held on MAY 0
by the following vote:
PAMELA A. McCARTHY, M
CITY CLERK and EX OFFICIO of the
Council of the City of Bakersfield
By:
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ER
COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVN
NOES: COUNCILMEMBER /bl>DN.e~
ABSTAIN: COUNCILMEMBER ~W61tP~
ABSENT: COUNCILMEMBER~
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
CI:vl/lsc
CHRISTINE K. IM
Associate City Attorney
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April 23, 2009
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ORIGINAL
APPROVED: MAY 0 6 2009
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says:
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the 7th day of Mav , 2009 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4575 , passed by the
Bakersfield City Council at a meeting held on the 6th day of Mav. 2009 and entitled:
ORDINANCE AMENDING SECTION 3.40.080 OF THE BAKERSFIELD
MUNICIPAL CODE RELATING TO TRANSIENT LODGING TAX.
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
By: "_P-A~ r :f o
DEPUTY City Clerk
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ORIGINAL