Ord 0177-PROVIDING FOR ASSESSMENT49
CP'I)IIv.?.I,C_ FAO. / j`-
Ai ORDINANCE A iIB TDING ORDINANCE NO. 14 014 T ii
TOtIviT OF LOS GATOS, ENTITLED "ALT OI-.DIN.AI7CE
F`ROVIDIng FOR THE ASc_ SS..ICER'T, I.F~VY A~TD CCL-
LECTIOPa OF T-'-US OF TH TMV Or, LOS GATOS-,
PASSED IM ADOPTED 01 911-11E 29th day of yj-_BRj:Apy,
i888.
M BOARD OF TRIaSIMFS OF ME, TOI A OF LOS GATOS
DO OT",DA! i AS TULL9I'e„co
SEC. 1, That Section 16 of Ordinance 11o. 14 cif the
Town of I<os Gatos entitled, m.A Ordinance providing for the
~sSE8 eI1t , le`J',y and collection of taxes of the Town of Los
Gatos", passed and adopted by the Soard of Trustees of said.
Tuwn on the 9th day of Februar;,, 1888, be and the same is
hereby amended to read as follows, to wit:
'The Tax Collector shall collect in addition to
the taxes due on the delinquent list and five per cent
added thereto, fifty; cents oi: each lot, piece 01' tract
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of land separately assessed, and can each assessment of
personal property, which money ski all be paid into the
general fund of T.he t ou'no 11
SEC, 2: That Section 1 of ~4a.id Ordinance be,
and the same is hereby amended to read as follows, to wit:
"On the day- and hour faxed for the sale, all
the property delinquent, upon whie-h the taxes of all
kinds, penalties and costs have not been paid, shell,
by operation of lass and the <eelarati or. of the Tax
Collector, be sold to the Town of Los Gatos, and the
Teo-, Collector Shall make an gentry, "Sold to the Town`°3
on he delinquent assessment last, opposite he tax,
and he shall be credited with h-a amount thereof in
his settlement ma?e with tne Clerk; provided, that
or, the day of sale the owner or „:person in possession
of any property offered for sale for taxes dare thereon,
ma„,r pay the taxes, penalties a.nd costs due; and pro-
vided further, that the Torn of Los Gatos may bring
suit against 'he owner of - said property for the col-
lection of said t or taxes, pena3.lties and costs,'
SAO Thwt Section la of said Ordinance be, and
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the same is hereby amended to read as follows, to wit:
"The Tax_ Collector shall make out in duplicate a
certificate of delinquent tax sale for each piece of
land sold, dated can the day bf sale, stating (if known)
the name of the person assessed, a desorption of the
land sold, that it was sold for delinquent taxes to
the Town of Los Gatos, and giving the an_ount and year
of the assessment, and specifying when the Town of
Los Gatos will be entitled to a. deed.
Such certificate must be aigned by the Tax Collector,
and one copy shall be filed in the office of the County
Recorder of the County of Santa Clara, State of California.
The other copy shall be entered in a b cok provided for
that purpose and kept in the office of the Tate Collector.
SPC, 4: Thy Section 19 of said Ordinance be, and
the same is hereby amended to read as follows, to wit:
'A redemption of the Imoperty sold may be made by
the owner, or any party in interest, within fine years
from the date of the sale to the Town of Laos Gatos, or at
any timeprior to the entryAi~ sale of said property by
the Town of Taos Gatos. Rederption must be made to the
Town Treasurer upon an estimate furnished by tue Clerk in
lawful money of the United States, and the Treasurer shall
account to the tovn for all moneys received under such
redemption, which said money shall be distributed to the
proper funds in accordance with the regular tax levy."
SEC. 5eThat Section 20 of said Ordinance be, and
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the same is hereby amended to read as follows, to wit:
*If the property is not redeemed within five
years from they date of the sale to the Town, the Tax
Collector, or his successor in office, shall make to tke
town a deed of the property, such deed shall be in sub-
stance, and may be in form, as follows.
'TINS INDENTURE, Made -the Nday of
19 between
03-1ec"` for of the Town of Los Gatosb County of
Santa Clara, State of California, first party, and
the Town of Leos Gatos, second party, Witnesseth:
That
Whereas, the Real Property hereinafter described
was duly assessed for taxation in th e year 19 to
(stating naae as on assessment
roll), and was thereafter on the day of
19 , duly sold to the Town
of Losatos, by Tax Col-
lector of said Town o ' os Gatos, for non-payment of
delinquent taxes which had been legally levied in
said year and were a lien on said real
property, the total auount for vLich the same was
v _ . and
sold being
Whereas, the period of five. years has elapsed
since said sale and no person has redeemed the said t_
property. Y
xow, Therefore, the said party of the first
part, in consideration of the premises. and in pair®
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suanee of the statute in such case made and provided, does
hereby grant to the said second party that certain real
property in the Town of Los Gatos, County of Santa Clara,
State of California, and more particularly described as
follows, to wit:
In witness ereof, said first party has hereunto see '
his hand the day and year first above written.
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t ' ax of ector of the Town of los Gatos.
No other matters need be recited in said deed than
those provided for in the above form. No charge shall be made
by the Tax. Collector for the making of any such deed. All
such deeds shall be recorded in the office of the County Recorder F
of the County of Santa Clara, and the expense af: acknowledging r
and recording the same shall be a charge against the Town of
Taos? Gatos. All such deeds, after hating been duly recorded as
he= ein -D"vided, shall be transmitted to the Town Clerk and
by him filed in his office. Such deed, duly acknowled'gad or
proved, is primary evidence that the property was assessed as
required by law; th zt th e property was equalized as required
by law; that the tapes were levied in accordance with the
lakes; that the taxes were not paid; that at a proper time
and place the property was sold as prescribed by law, and by
the proper officers; that the property was not redeemed. and
that the person who executed the deed was the proper officer." k:
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SEC. 8: That Section 21 of said Ordinance be, and the
same is her eby amended to read as follows, to wit:
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111, all cases where real estate has been or may hereafter
be sold for delinquent taxes to the Town of Los Gatos and
the towm has not disposed of the same, the person those estate
has been or may hereafter be sold, his heirs, executors, ad-
ministrators, or other successors, in interest, shall, at any
time after the same has been sold to the town, and before the
town shall have disposed of the same, have the rim t to redeem
such real estate by paying to the Treasurer of the town the
amount of taxes, penaltiesand costs due thereon at the time
of said sale, with interest on the aggregate amount of said
taxes, at the rate of seven per cent per annum; and also all
taxes that were a lien upon said real estate at the time said
taxes became delinquent; and also all unpaid taxes of every
description assessed against the property for each year since
the sale; or if not so assessed, theca upon the value of the
property as assessed in the year nearest the time of such
redemption, with interest from the first day of July, following j
each of said years, respectively, at the same rate, to the time
of redemption; and also all costs and expenses of such re- t
demption, and penalties, as follows, to wit: Ten pet cent if
redeemed within six months from the date of sale; twenty
per cent if redeemed within one year therefrom; ttiirty -per
cent if redeemed within three years therefrom; forty-fine
per cent if redeemed within five years or any greater number
of years themefromg The -c,~enalty shall be computed upon the
amount of each yearls taxes in like manner, reckoning from
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the time when the lands would have been sold for the
taxes of that year, if there had been no previous sale
thereof. The Town Clerk shall, on the application of
the person desiring to redeem, make an estim-ate of the
mount to be paid, and .hall give his triplicate
certificates of the amount, specifying the several
amounts thereof, which certificates shall be delivered
to the Treasurer, together with the money, and the
Treasurer shall give triplicate receipts, written or
endorsed upon said certificates, to the redemptioner,
who shall deliver one of said receipts to the Town Cl erk,
and re-deliver one to the Town Treasurer, and may record
one in the office of the County Recorder. Upon tender
of the fee for aeLm-owledgment, the Treasurer shall
acknowledge either of said receipts so as to entitle
the some to be recorded. Upon the payment of the
money specified in said certificate, and the giving of
either of the receipts aforesaid, by the Treasurer, any
deed or certificate of sale that may have been made to
the town shat= become null and void, and all rift, title,
and interest acquired by the town under and by virtue of
the tax sale, shall cease and determine.
In &11 cases where deeds have been executed by the
Tax Collector to tine torn, as provided in Section 26, and
the owner of the property redeen.s the sare as provided
in this section, the Town Clerk isohereby empowered and
directed to make,execute and deliver, in the name of the
Town, to the person in whose name the property is assessed,
or his assigns, or vhenassesssed teed in o "unknsubst~cerand in the
owner of such real propR y,
form as follows, to wit:
'THIS INDENTURE, Dade this day of
9 19 between tl,e own of
Los Gatos,. a municipal corporation, first pasty, and
second party, Witnesseth:
ere~s, the Reel property hereinafter described
was sold to first party* f cc delinquent taxes and
penalties in the year - , , and thereafter
the Tax Collector of first party executed a deed dated
and recorded in the
office of the Recorder of
the C unty of anti Zara, fate of California,
on the _ day of a 19_, in
Volume v at page scores of Santa
Clara County, and
vhereas, the taxes and penalties, above mentioned,
have been paid; j
Novi, therefore, the said first patty, in con-
sideration of the premises and i4! pursuance of the
statute and ordinances in such case made and provided,
does hereby grant to the said see cnd par-v that certain
real property situate in the Town of Los Gatos, County
of Santa clara, State of California, more particularly
described as follows, to wit:
In witness Whereof, said first party has caused
these presents to be executed the day* and year first
above written.
Clerk of the Town of Los Gatos.
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That there be and there is hereby added to said
Ordinance two sections to be known and numbered as
Sections 31 and 32, and to reed as follows, to wit:
F'SECT O 31: All property deed to the city under the
provisions of this ordinance shall be sold at public
auction by the Board of Trustees, not less than, six,
months, nor more than two years after the recording of
the deed in t?ie office of the `county Recorder, after
notice of to e time and place at which the property
will be sold has been published in a newspaper publishdd
> and circulated in the Town of Los Gatos, for a period of
at least twenty days prior to the date fixed for the
sale; said notice shall set forth the property to be
sdld, the ti= and place of sale, and the terms under
which the property will be sold.
If there be no newspaper published and circulated
in the tv n, the notice shall be posted in four public
places in lieu of said publication.
The Board of Trustees small direct the proper officials
to make and execute a grant deed in shbstantially the form
prescribed, on the redemption of property after a deed has
been made to th^ e town; provided, that the third paragraph
of the deed shall be as follows:
And whereas, said taxes and penalties have not
been paid, and said real property was, on the
day of 19 , after due and legal notice
given thereof, sold at public auction to second party
for the sun of dollars, and
on said date tr sident of the oard of Trustees of
first party^to ma and execute this deed to second
party.
Such deed, duly ackno~--fledged or proved, is primary
evidence that the property was assessed as reauir ~d by law;
,'seat the property was equalized as recsufred by law; that
the taxes were levied in accordance with law; that the
taxes were not paid; - that at a proper time and place the
property was sold as "prescribed by law, and by the proper
officer; that the-property was not redeemed, and that,,
the person who executed the deed was the proper officer.
'*SECTION 32: All taxes assessed, together with any
percentage imposed for delin bueney and the costs of col-
lection, shall constitute liens upon the property assessed;
every tax upon personal property shall be a lien capon the
real property of the owner thereof. The liens provided
for in this section shall attAch as of tra e fir st Monday
in March of each year, and may be enforced by a sale of the
real property affected, and the execution and deliver of
all necessznxy certificates and deeds therefor, wader such
regulations as are prescribed in this ordinance, or by
action in any court oaf competent jurisdiction to foreclose
such liens; provided, that any property sold for such
taxes shall be subject to redemption within five years
and upon the terms provided or that may hereafter be pro-
vided for the redemption of property sold for State taxes.
All deeds made upon any sale of property for taxes or
special assessments, under the3®rovis. s of this ordinance
shall have the sane force and effect in evidence as is
or may hereafter be provided by laws for deeds for
property sold for no;_payment of State Taxes.
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S;rr S~ This Ordinance shall be p~,aplished tense
in the Los Gatos Mail--News, a newspaper printed and publishdd
r.
in the Town of Los Gatos.
PASM AND ADOPTED at a. regular meeting of the
Po~.rd of Trustees of said Town held on -the ?~J day of
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r y~ z 19a o , by the following vote:
/ AY_-r;,S° Trustees S- ~d • ~l. g vt.~ L~ Vj s
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N071ES: Trustees
ABSENIT: Trustees
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PI~SZuT 0r _ :BOARD OF TRUSTMS 0F'
TIPS TOWN Or LOS GATOSe
ATTEST i