HomeMy WebLinkAbout0313
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ORDINANCE NO. Z$) 3,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA
AMENDING ORDINANCE NO. 33 OF SAID CITY OF ARCADIA BY ADDING THERE~
TO NINE NEW SECTIONS TO BE NUMBERED ,57-D, 57-E, 66-A, 57-F, 57-G,
57-H, 57-I, 57-J, and 57-K; AMENDING SECTIONS 4 and 5 OF ORDI-
NANCE NO. 255; REPEALING ORDINANCE NO. 283; ALL RELATING TO THE
TEMPORARY ~aSSION OF PENALTIES ON DELINQUENT TAXES, PAYMENT OF
DELINQUENT TAXES IN INSTALLMENTS AND THE REDEMPTION AND SALE OF
PROPERTY SOLD TO TEE CITY FOR DELINQUENT TAXES.
TEE CITY COUNCIL OF THE CITY OF ARCADIA DO ORDAIN AS
FOLLOWS:
SECTION 1: That Ordinance No. 33 of said City of
Aroadia entitled, "An Ordinanoe of the City of Arcadia providing
for the aBsesBment and oollection of oity taxeB and repealing
Ordinance Nos. 9 and 12 of said. City of Arcadia", adopted Febru-
ary 4, 1913, be and the Bame is hereby amended by adding thereto
a new seotion to be known and numbered Seotion 57-D and to read
as follows:
SECTION 57-D:
The word "taxeB" whenever used in thiB
section inoludes all taxes and aBseBsments and annual installments
Of aBseBBmentB oharged on the Tax Roll.
In all oases where real eBtate has been sold to the
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City of Arcadia on or before July 6, 1935, for delinquent taxes
and the City has not disposed of the Bame, the person whose
estate haB been Bold, his heirs" exeoutors, adminiBtrators or
other BucoeSBors in intereBt, Bhall at any time on or before the
20th day of April, 1936, have the right to redeem surih property
by paying to the City TreaBurer of the City of Arcadia, the amount
of taxes due thereon at the time of such sale, and also all taxeB
that were a lien upon Baid real property at the time said taxes
beoame delinquent and also un unpaid taxeB of every desoription
asseBsed against the property, together with all taxes that are
8 lien against the property for each year since the sale, aB
shown on the delinquent aBseBsment rolls in the permanent custody
of the City Clerk, or if not so aBsessed, then upon the value of
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1 the property aB.assessed in the year nearest the t1m~ of such
2 redemption, with interest on the whole amount of such taxes at
3 the rate of seven per cent per annum, oomputed from the firBt day
4 of July, 1934, to the time of su.oh redemption.
5 The proviBionB of this Seotion shall be deemed to allow
6 the redemption of suoh real estate on or before the 20th day of
7 April, 1935, free from the p~ent of any costB, interest, (other
8 than the interest hereinbefore in this Seotion provided), penal-
9 ties for delinquenoy or'~edemption penalties which may have aoorue
10 againBt said real eBtate on or before April 20, 1936.
11 The provisions of this Section shall have no applioation
12 to the amount or rate of panalties for delinquenoy or upon redemp-
13 tion for taxes for the fieoal years 1935-36.
14 Exoept aB otherwise in Seotion 57-E and this Section
15 provided, such redemption shall be made in the manner presoribed
16 in Section 58 of Ordinance No. 33.
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SECTION 2:
That Ordinance No. 33 be and the same is
hereby amended by adding thereto a new Beotion to be numbered
Seotion 57-E, and to read aB fOlloWB:
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SECTION 57-E:
The word "taxes" whenever ueed in this
Section includeB all taxeB and aSBessments and annualinBtallments
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of assessments charged on the Tax Roll.
In all oases where real estate has been Bold to the
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City on or before July 6, 1935, for delinquent taxeB, and the
City has not disposed of the same, the perBon whose estate haB
been Bold, hiB heirB, exeoutors, administrators or other suooes-
Bore in interest, shall on or before April 20, 1935, have the
right to elect to pay such delinquent taxes in installments as
hereinafter provided, and by the p~ent of each of suoh install-
mentB, together with current oity taxes, to extend the period of
redemption of such real estate, and to postpone the date of sale
of such property at auction as provided in Section 40 of said
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Ordinanoe No. 33, and the time of making a deed of Buoh property
to the City as provided in Seotion 43 of Baid Ordinance No. 33;
in the event suoh property has been deeded to the City, pOBtpone
the reBale of such real estate by the City as provided in Seotion
66 of said Ordinanoe No. 33.
Upon payment to the City Treasurer, on or before April
20, 1936, of ten per oent or more of an amount equal to the total
of unpaid tsxeB computed as presoribed in Section 57-C of Baid
0rdinanoe No, 33, plus interest on the whole of Baid amount at
the rate of Beven per oent per annum, from and after July 1,
1934, to date of suoh payment, and by the full payment, on or
before April 20, 1936, of all oity tsxeB levied and asseBBed for
the fisoal year 1935-36, together with penalties and costs due
thereon;
The right of redemption in inBtallmentB hereunder Bhall
be extended to and inoluding April 20, 1937, during which time no
Bale at auction of such property shall be made aB provided in
Section 40 of Baid.Ordinanoe No. 33, and no d~ed to the City shall
be made as provided in Seotion 43 of Baid Ordinanoe No. 33, and
no resale by the City Bhall be made in accordance with the pro-
visions of Seotion 66 of said Ordinance No. 33.
Upon payment to the City Treasurer in eaoh Buooeeding
fisoal year, but not later than April 20th, until Baid amount
has been paid of ten per cent or more of said total amount, to-
gether with interest at the same rate from the date of t.he pre-
oeding payment or any part of said total amount remaining unpaid
after suoh preoeding payment, and upon payment on or before April
20th of eaoh Buooeeding fisoal years of city tsxeB for each of
said years, with penaltieB and COBts due thereon, the right of
redemption shall be extended, the time of sale' a"t auotion to the
public and of deed to the City shall be postponed and reBale by
the City shall be suspended for suooessive periods of one year.
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In the event of failure to make any of the payments
herein speoified to be made on or before the dates herein set
forth, the r igh t to pay such delinquent taxes in installmentB
shall cease and terminate, and such properties Bhall thereupon be
Bubj ect to sale at auction or may be deeded to the City or resold
by the City in the same manner aB though no election to pay delin-
quent taxes in inBtallments had been made,
No such payment, nor all of them, shall be deemed a re-
demption of real estate nor affect the right, title or intereBt of
the City thereto, but Bhall be deemed and conBidered as oompen-
Bation for the UBe and oocupancy of said real estate; provided,
that if eaoh installment of delinquent taxes and interest be paid
on or before the reBpeotive dateB Bpeoified in this Seotion, and
if recemption of such property shall be made on or before the 20th
day of April, 1945, in the manner hereinafter in this Seotion
provided, the amounts previously paid under the authority of this
Section shal~ be oredited upon the amount to be paid for such re-
demption.
The amount to be paid on or before the 20th day of
April, 1945, to effect redemption of such property under this
Seotion, Bhall be the sum of the following amounts:
(a) Unpaid taxes as presoribed in Section 57-D of Baid
Ordinance No. 33, with interest thereon equal to the amount of
intereBt included in all inBtallment payments previouBly made as
authorized by this Seotion, and in addition, intereBt equal to
the amount of intereBt due at the time of such redemption on the
remainder, if any, of the amount payable in installments aB
authorized by this Section.
(b) Unpaid taxes for the fisoal ye~rB following the
year ending June 30, 1935, with redemption penalties thereon oom-
puted in aooordanoe with Seotion 58 of said Ordinance No. 33.
Exoept as in this Section provided, suoh redemption
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shall be made in the manner presoribed in Seotion 58 of Baid
Ordinance No. 33.
All intereBt reoeived by the City Treasurer pursuant
to the proviBions of thiB and the preceding Seotion, shall be
diBtributed in the same manner aB redemption penalties.
SECTION 3:
That Baid Ordinance No. 33 be and the same
is hereby amended by adding thereto a new Seotion to be numbered
Section 66-A, and to read as folloWB:
SECTION 66-A:
NotwithBtanding the proviBionB of
Seotion No. 66 of Ordinanoe No~ 33 of said City of Arcadia, or
.
any ordinance amendatory thereof or supplementary thereto, no
sale at auction to the public Bhall be made of unredeemed,proper-
ty in the years of 1935, 1936 or 1937, but at the day and hour
fixed in acoordanoe with Seotion No. 66 of Ordina~e No. 33 of
Baid City of Arcadia, all prope,rty otherwise subject to sale to
the publio shall be deeded to the City aB provided in Seotion 43
of Ordinance No. 33 of Baid City of Aroadia.
No sale of any ~roperty, exoept property Bold to the
City for delinquent taxes in the year 1925 or at any time prior
to 1925, shall be made in aooordanoe with the proviBions of
Seotion No. 66 of Ordinance No. 33 of Baid City of Arcadia after
the effective date of this Ordinroo,e and prior to the first day
of January, 1938.
Property Bold to the City for delinquent taxes in the
year 1925 or prior to 1925, and deeded to the City pursuant to
Seotion 43 of Ordinanoe No. 33 of said City of Arcadia, shall be
Bubject to Bale under the provisions of Section No. 66 of Ordi-
nance No. 33 of said City of Aroadia.
The proviBions of this amendment to this Seotion further
pOBtponing the time when Bale of property in acoordance with the
provisions of Seotion No. 66 of Ordinanoe No. 33 of Baid City of
Aroadia may be made, shall not apply to any real property which
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has been deeded or shall have been deeded purBuant to sale for
delinquent, taxes or aBsessmentB to and is held by any publio
agency as that term is defined in Seotion 3897d of the Political
Code of the State of California and to whioh the right of redemp-
tion from Buoh Bale no longer exists.
Nothing in this Seotion shall be cans trued to prohibit
any agreement or Bale to be made under the proviBions of Seotion
3897d of the Politioal Code of the State of California,
In the yearB 1935, 1936 and 1937, the notice required
by Section No. 36 of Ordinanoe No, 33 of said City of Arcadia
may be in BubstaIDe and may be in form as follows: "To be deeded
to the City of Arcadia, Bee No.
in Addenda to thiB listll.
In the years 1935, 1936, and 1937, there shall be in
addition to the notioe required by Section No. 36 of Ordinance
No. 33, there Bhall be a notioe whioh may be in substanoe aB
follows:
II
Addenda to Delinquent Tax LiBt
Notice of DiBposal of PropertieB for Delinquent TaxeB
In purBuance of law, publio notice is hereby given that
the undersigned tax oollector will make deedB to the City of Ar-
Cadia for the several paroels and lots of property hereinafter de-
Boribed unleBs, on or before the
day 0 f
193 at the
hour of
o'olock___M, redemption from sale for delinquent taxeB
iB made in accordanoe with the provisions of Ordinance No. 33 or
any ordinance amendatory thereof, or a pOBtponement of ,sale is had
in accordanoe with the provisions of Seotion No. 57-D of Ordinanoe
No. 33 of said City of Aroadia, or a oonditional payment is made
in acoordanoe with the provisions of Seotion No. 57-E of Ordinanoe
No. 33; on said date, five years or more will have elapsed from
the date of the sale of said property to the City.
Dated this
day of
, 193_
Tax Colleotor of the City of Arcadia,
County of Los Angeles, State of Calif.
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The properties which are to be BO deeded and whioh are
the Bubjeot of thiB notioe, are situated in the City of Aroadia,
California, and are partioularly described as follows, to-wit:
No. (deBoript ion of prop erty)
City for $
aBBes sed to
sold to the
"
.
SECTION 4:
That Ordinance No. 33 of Baid City of
Aroadia be and the same is hereby amended by adding thereto a new
Seotion to be known and numbered Section 57-F, and to read as
fol''lOWB:
. SECTION 57-F:
Any perBon, hiB heirs, executors,
adminiBtrators or other sucoeSBorB in intereBt, who has made or
who shall make a payment or paymentB on aocount of the delinquent
taxes in accordanoe with the provisions of Seotion 57-A of Ordi-
nanoe No. 33, and who in addition haB eleoted,or Bhall elect to
pay the delinquent taxeB on the same property in installmentB in
aooordance with the provisions of Section 57-B or 57-E of Ordi-
nance No. 33 or any ordinance amendatory thereof or Bupplementary
thereto, or who has made or shall make a payment on account of
the delinquent taxes in aooordanoe with the provisionB of
Section 57-D of Ordinance No. 33, and who in addition, ehall
elect to redeem such property from delinquent taxeB in aooordance
with Section 42 of, Ordinance No. 33 of Baid Ci ty of Aroadia, shall
reoeive credit on the amount of taxeB payable, for the total
amount without an allowance for interest there~ln, previously' paid
to the City Treasurer, in aooordance with the provisions of
Section 57-A and Section 57-B of Ordinance No, 33, or any ordi-
nance amendatory thereof or supplementary thereto.
In the event payment is made in installments, such
oredit shall be in addition to a~d not a substitute for the pay-
ment of the whole or any part of suoh installment then payable,
SECTION 5:
That Ordinance No. 33 of said City of
Arcadia shall be and the Bame is hereby amended by adding thereto
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a new seotion to be knovm and numbered Section 57~G, and to read
as follows:
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SECTION 57-G:
Any person, his heirs, executorB, ad-
ministrators or other suooeSBors in i~terest. who elected, on or
before April 20, 1934, to pay delinquent taxes in installmentB in
acoordanoe with the provisions of Seotion 57-B of Ordinance No.
33 of said City of Arcadia, or who. on or before April 20, 1935,
eleoted so to do in acoordance with Seotion 57-B of Ordinanoe No.
33 of said City of Aroadia, and who failed to pay the taxes for t
fiscal yearB 1933-1934, or 1934-1935, aB in said Seotion required,
on or before said date, and who elects to pay the delinquent taxes
on the same property in installments in acoordanoe with the pro-
visions of Section No. 57-E of Ordinance No. 33 of said City of
Arcadia, shall receive oredit, on the amount of delinquent taxeB
payable in inBtallments under Baid Section No. 57-D of Ordinanoe
No. 33 of Baid City of Aroadia, for the total amount, without an
ailowanoe of intereBt thereon, previously paid to the City TreaBur
er in aooordanoe with the provisions of Seotion 57-B of Ordinanoe
No. 33 of said City of Aroadia.
Suoh oredit shall be in addition to and not a substitute
for the payment of the whole or any part of Buch installment then
payable.
SECTION 6 :
That Ordinance No. 33 of said Ci ty of
Aroadia be and the Bame is hereby amended by adding thereto a new
Seotion to be known and numbered Seotion 57-H and to read as .
follows:
SECTION 57-H: - If the person eleoting to payBuoh de-
linquent taxes in inBtallments, in aocordance with the provisionB
of Section No. 57-B or Section 57-E of Ordinanoe No. 33, his
heirs, exeoutors, administrators or other sucoessors in interest,
has failed or shall fail to make any of the paymentB, of install-
ments or of ourrent tsxeB therein required therefor, on or before
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1 the dates therein fixed, at the same time the first payment was
2 made, and if the City has not dispoBed of the property and re-
3 demption thereof iB made in aooordance with the provisions of
4 Seotion No. 42, 57-A, 57-B, 57-D or 57-E of Ordinance No. 33,
5 within five years after April 20th of the fiBcal year within whioh
6 such failure to pay ooourred, but not later than April 20, 1945,
7 there shall be oredited on the amount to be paid for suoh redemp-
8 tion, in aooordance with the provisionB of Sections No. 42, 57-A,
9 57-B, 57-D or 57-E of Ordinanoe No. 33, the amount previously paid
10 to the City Treasurer in acoordanoe with the provisions of Baid
11 Seotions 57-B or 57-E of Ordinanoe No. 33 of Bai~ City of Arcadia.
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SECTION 7:
That Ordinance No. 33 of said Ci ty of
13 Arcadia be and the same is hereby amended by adding thereto a
14 ,new Seotion to be known and numbered Seotion 57-I, and to read as
15 follows:
SECTION 57-I:
The word "taxeB" whenever used in this
Section, includes all taxes and aBsessmentB and annual install-
ments of aBsesBments charged on the Tax Roll.
In all oaseB where real estate haB been sold to the
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City for delinquent taxes on or before July 6, 1934, and the City
has not disposed of the same, the person whose estate has been or
may hereafter be sold, his heirs, executorB, adminiBtrators or
other sucoessors in interest, at any time on or prior to Septem-
ber 1, 1935, Bhall have the right to redeem such real estate,
without penaltieB for delinquency, costs or redemption penaltieB
or interest of whatever name or desoription, by paying on or befor
Baid date to the City Treasurer, the amount of taxes thereon at
the time of Bale, and also all taxes that were a lian upon said
real property at the time said taxeB beoame delinquent and a1Bo
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all unpaid taxes of every description aSBeBsed against the
property foreaoh year since the sale, as Bhown on the delinquent
rolle of said City; or if not so assesBed, than upon the value of
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1 the pro:perty as aSBesBed in the year neareBt the time of such
2 redemption.
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SECTION 8: That Ordinanoe No. 33 of said City of
4 Arcadia be and the same is hereby amended by adding thereto a
5 new Section to be known and numbered Seotion 57-J, and to read aB
6 follows:
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SECTION 57-J:
In the event a person has eleoted to
pay in installments, delinquent taxes whioh are a lien upon any
real estate, in acoordance with the provisions of Seotion 57-B
or 57-E of Ordinance No. 33, and he, his heirs, executors, ad-
miniBtratorB or other suoceseors in intereBt, eleots to make
final redemption of the same real estate under the proviBions of
Seotion No. 57-F of Ordinance No. 33, there shall be deducted from
the amount neoesBary to effect Buch final redemption under Seotion
No. 57-F of Ordinance No. 33, a credit equal to the total amount
theretofore paid by Buoh perBon, his heirs, executorB, adminis-
trators and other suooeSBorB in intereBt, under Seotion 57-B or
. t:'.
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':5'7':':tr, inoluding therein all installments, interest, taxes and
penaltieB paid thereunder.
SECTION 9:
That Ordinanoe No. 33 of said City of
Aroadia be and the Bame is hereby amended by adding thereto a new
Section to be knom and numbered Seotion 57-K, and to read as
follows:
SECTION 57-K:
lfuenever the City Treasurer and Tax
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Collector notifies the City ASBessor that paYment of delinquent
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taxes under Seotion 57-E haB been started, and the property upon
which the taxeB are being paid does not appear on the asseSBment
roll, the City Assessor shall be required to make an aSBessment
according to the current valueB and to place the property on the
ourrent aBsessment roll for that year and for eaoh year thereafter
so long aB paymentB under Buoh Sections are kept up, The property
when so returned to the assessment roll Bhall be aSBeSBed in the
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1 name of the holder of the fee title immediately prior to the deed
2 to the City.
3 Yfuenever property is being redeemed under Seotions 57-B,
4 57-E or 57-I of Ordinance No. 33, and does not ap.pear on the
5 aBBesBment roll, the City Treasurer and Tax Colleotor shall fur-
6 nish the City ABseBsor with a list of the years for whioh no
7 assessment has been made and the aBBeSBor shall plaoe a valuation
8 on the property which the City Treasurer and Tax Collector UBe in
9 computing the tax for the yearB when the property was not aSBessed
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SECTION 10:
That Seotion No.4 of Ordinance No. 255
11 is hereby amended to read as follows:
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SECTION 4:
That Seotion 27 of Baid Ordinance No, 33
13 be and the Bame is hereby amended ,to. read as follows:
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SECTION 27:
AB soon as said City Counoil has fixed
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the rate of taxation for the year, the City Clerk must oompute
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and enter in a Beparate oolumn in the AsBessment Book, the respec-
tive Bums in dollars and oentB, rejeoting the fractions of a cent
to be paid as a tax on the property therein enumerated, and seg-
.1'.,
. r1-.egate and place in the proper columns of said AeseBsment Book
the respeotive amounts due in inetallments as provided in thiB
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Seotion and foot up the oolumns showing the total amount of such
taxes, and on or before the fourth MOnday in September, the City
Clerk mUBt deliver said corrected Assessment Book to the City
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Treasurer and Tax Collector, with the full amount of the tax as
levied and take hiB reoeipt for the amount of the taxes due
thereon; whereupon the said City Treasurer and Tax Collector must
publish a notice for two weekB in a newBpaper of general circu-
lation, printed and published in Baid City of Arcadia, if any, or
if not, then by posting such notice in three publio plaoeB in said
City, Bpeoifying:
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1.
That the taxes on all personal property secured by
real property and one-half of the taxes on all real property will
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be due on the first day of November and will be delinquent on the
fifth day of December next thereafter, at five o'olook p, M., and
that unless paid prior thereto, eight per cent will be added to
the amount thereof, and that if said one-half be not paid before
the twentieth day of April next,. at five o'olook P. M., an ad-
ditional three per cent will be added thereto. That the remaining
one-half of the taxes on all real property will be payable on and
after the twentieth day of January next and will be delinquent on
the twentieth day of April next thereafter, at five o'clook P. M.,
and that unless paid prior thereto, three per cent will be added
to the amount thereof.
2. That all taxeB may be paid at the time the first
installment, as herein provided, is due and payable,
3. The times and plaoe when and where payment of
t~eB may be made,
SECTION 11:
That Section No.5 of Ordinance No. 255
be and the same is hereby amended to read as follows:
SECTION 5:
That Section 3l of said Ordinance No. 33
be and the Bame is hereby amended to read as folloWB:
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SECTION 31:
That on the fifth day of December of eaoh
year, at five o'clock P. M., all taxes then unpaid, except the
last installment of the real property taxeB, are delinquent and
thereafter said City TreaBurer and Tax Collector must colleot an
additional eight per cent thereon; provided, that if same be not
paid before the twentieth day of April next thereafter, at five
o'clook P. li., said City TreaBurer and Tax Collector shall 001-
lect an additional' three per oent thereon. On the twentieth day
in April of each year, at five o'clock P. M., all the unpaid
portion of the remaining one-half of the taxes on all real
proPerty is delinquent and thereafter said City Treasurer and Tax
.~! .
Collector must 0011eot an additional three per oent thereon,
provided, that the entire tax On any real property may be paid at
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the time the firBt installment, as hereinabove provided, is due
and payable and provided further, that the taxes on all perBonal
property unBecured by real property shall be due and payable
immediately after the aSBessment of Baid personal property iB
made.
SECTION 12:
That Ordinanoe No. 283 of said City of
Aroadia entitled, "An Ordinance of the City Counoil of the City
of Aroadia amending Ordinance No. 33 of said City of Arcadia by
adding thereto two new sectionB to be numbered 57-A and 57-B",
adopted October 17, 1933, be and the same is hereby repealed.
SECTION 13:
This Ordinanoe iB declared to be an
urgency meaBure necessary for the immediate preservation of the
publio peace, health and Bafety, and the faots that constitute
such neoessity, are as follows:
Due to the widespread depression, many taxpayers have
been unable to pay their taxes or to redeem their property from
Bale to the City for delinquenoy; by permitting redemption with-
,};.?:.ut penal UeB, many taxpayerB will be enabled to redeem their
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\:~~operty, reBtore the same to the tax rollB and thereby add
revenue for the operation of the City gowernment. It ie also
neoeBsary in order to redeem muoh of this property Which does not
at the preBent time appear on the assesBment rOllB, that it be
aBsessed according to preBent day values; if this is not done
immediately, taxpayers whOBe property does not now appear on the
aSBeBBment rOllB, will be unable to take advantage of the rights
granted by this Ordinance.
SECTION 14:
The City Clerk shall certify to the adop-
tion of thiB Ordinanoe and Bhall oaUBe the same to be publiBhed
once in the Aroadia Tribune, a weekly newBpaper, publiBhed and
oiroulated in Baid City of Aroadia, and thereupon and thereafter
the Bame Bhall take effect and be in force,
, "
I hereby oertify that the foregoing~Or~inance waB adop-
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ted at a regular meeting of the City Council of the City of Ar-
September
cadia held on the l7th day of ~t~ 1935, by the affirmative
3 vote of at least ,four oounoilmen, to-wit:
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AYES: Councilmen, Corby, Daniela, Hoffman, Krebs
snd MoLe an ,
NOES: None,
ABSENT: None
uPh ~ 4~
ity C er
17th
September
day of '*tlVl"l.~ 1935.
Signed and approved thiB
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. ty C erk.
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