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HomeMy WebLinkAboutCity Council - 948 RESOLUTION NO. 948 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA$ AUTHORIZING EXECUTION OF AGREEMENT WITH THE COUNTY OF ORANGE FOR THE PURCHASE OF TAX DELINQUENT PROPERTY IN SAID CITY AND APPROVING PLAN FOR RESTORING SAID PROPERTY TO THE TAX DOLLS. The City Council of the City of Huntington Beach, California, do resolve as follows: WHEREAS, Division 1 Part- 6 Chapter 8 Article 2 of the Revenue and Taxation Code of the State of California, provides among other things, that whenever any property has been deeded for delinquent taxes which term as defined in said code includes assessments to the State of California, and said property has also been deeded for delinquent taxes to any municipality, the governing body of said municipality may enter into an agreement with the Board of Supervisors in the County in which said property is situated subject to the approval of the State Controller, for the i purchase of, or for the option to purchase the property so held by the State, or any part or parts thereof; and WHEREAS, all of the Sixty—eight (68) lots or parcels of property hereinafter mentioned and described r 1 Reso. No. 948 In that certain Agreement of Sale and Purchase, dated the 7th day of August, 1944, are wholly within the City Limits of the City of Huntington Beach, in the County of ©range, State of California, and are now delinquent for city taxes and for county taxes, or for public improvement assessments of the City of Huntington Beach, and further, all of said lots or parcels of land hereafter described in the Agreement aforesaid, have been deeded to the State of Calif- ornia, for nonepayment of County taxes, and have also been deeded to said City of Huntington Beach for delinquent taxes of the City of Runtington Beach, and WHEREAS, there has this day been presented to the CityCouncil of the City of Huntington Beach a Pan marked "Plan No. 20, ;dated August 7, 1944, under which it is expected to return to the City tax rolls and to the County tax rolls all that certain real property situated in the City of Huntington Beach County of Orange, State of California} and being more particularly described and set forth in the said Agreement hereto attached and made a part hereof, and WHEREAS, there has been presented to the City Council of the City of Huntington Beach, , an agreement 2 Reso. No. 948 of sale and purchase, dated August 7, 1944, wherein the Board of Supervisors of the County of Orange, State of California, acting under the authority granted to it by said Division 1 Part 6 Chapter 8 Article 2 of the Revenue and Taxation Code of the State of California, therein designated as the Seller, and r the City of Huntington Beach, acting under authority granted to it by said Revenue and Taxation Code, is � designated as the Buyer, wherein the said Buyer agrees,, among other things to purchase said delinquent tax lots heretofore mentioned and more particularly described in said agreement for the sum of six Hundred Spventy--Five:. -' ($676.00) Dollars cash, lawful money of the United States of America, said agreement, however, to be subject to the approval of the State Controller of said State, and subject and pursuant in all respects of said Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach approves the Plan No. 2, dated the 7th day of August, 1944, subs P mitted to it for the purpose of placing said delinquent tax property back on the tax rolls of the City of Huntington Beach and the County of Orange, and orders the same to be attached to this Resolution and filed as a permanent record ;with the City Clerk of the City of Huntington Beach, and 3 peso. No. 948 BE IT FURTHER RESOLVED, that the City Council of the City of Huntington Beach by reference thereto, makes said plan and the whole thereof, a part of this resolution to the same extent and purpose as if the same were herein set out in full; and BE IT; FURTHER RESOLVED, that the agreement heretofore mentioned, be and the same is hereby approved and the Mayor and the City Clerk of said City are hereby authorized and directed to sign and execute the same on behalf of the City of Huntington Beach and the Clerk is directed and instructed to deliver a duly executed copy thereof to the Seller therein named. PASSED AND ADOPTED by the City Council of D the City of Huntington Beach at its regular meeting held on the 7th day of August, 1944. MAYOR ATTEST; 1 City Clerk � 4 Reso. No. 948 r STATE OF CALIFORNIA ) County of Orange ) ss City of Huntington Beach ) I, C. R. FURR the duly elected qualified and acting City Clerk of the City of Huntington Beach, California, and ex-officio Clerk of the City Council of said City, do hereby certify that the whop number 0 of members of the City Counccl of the City of Huntington Beach is five; that the foregoing Resolution was passed and adopted by the affirmative vote of a majority of the members of said City Council at a regular meeting of the City Council ,held on the 7th day of August, 1944, by the following vote: AYES: Councilmen: _Henrickson, Grable. Hawes„ Bartlett, Talbert. NOES: Councilmen: None i ABSENT: Councilmen: None City Clerlf of the City of Huntington Beach, California 5 PLAN NO. 2 PLAN OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, COVERING SECOND PURCHASE OF TAX DEEDED LOTS. Plan of the City of Huntington Beach, Orange County, California, to return to the City Tax rolls and to the County Tax rolls, 68 lots, or parcels :bf property, all within the City Limns of the said City of Huntington Beach, and being the property as listed in the proposed agreement dated August 7, 1944, between the Board of Supervisors of Orange County, California, and the City of Huntington Beach, California. 1 At the present time all the lots or parcels of property as listed in said agreement have been deeded to the State of California, and are at present completely off of the assessment rolls of both the City of Huntington Beach and the County of Orange, and will produce NO TAX revenue until some effective plan is rorked out to get the taxes and assessments brought up to date and the property back into the hands of private owners, who will pay the current taxes andassessments as they become due. 11 The successful working of this plan will place these 68 dots back on the assessment rolls of both the 1 City and the County. This plan in general is as follows: (a) The City of Huntington Beach will purchase from the County of Orange, under Division 1 Part 6 Chapter 8 Article 2 of the Revenue and Taxation Code of the State of California, the tax title now held by the State of California, subject, however, to the approval of the State Controller. At the completion of the sale the State tax title and the City tax dried will both be vested in the City of Huntington Beach. (b) The City of Huntington Beach, where pract icable, may offer to the record owner of each lot so purchased from the County, a small sum for a quitclaim deed to such lots. The City then will have a good and marketable title to any such lots for which it holds quitclaim deeds, thereupon the City will cancel all City taxes and penalties, to date, against such. Due to involved titles it is doubted whether very many lots can be secured by this method. (c ) Where quitclaim deeds to the lots involved in this gale are not secured quickly and at a very small cost, the City will immediately institute a quiet title action covering the remaining lots. (d) Upon the entry of the decree, quieting title in the City, (it is expected that most parties will default, by failing to answer the Cityts Complaint), i 2 the City will then hold good title and will then cancel all taxes and penalties outstanding against these Lots and will then sell said lots to the best advantage of the City. Section 4 of Assembly Bill 1129, being Chapter No. 393 of the Statutes of 1936 is pertinent to this plan and reads as follows: 'The facts constituting such necessity are as follows: Due to the depression which has existed in the past several years many land owners have been unable to meet the taxes and assessments levied by the State, political subdivisions, agencies, reclamation, drainage and levee districts, with the result that their lands have been sold to the State and such taxing end assessing agencies. The heavy penalties assessed by law have made it impossible for the land owners to redeem their lands, hence thousands of acres of land (together with thousands of lots), have been sold for the non-payment of such taxes and assessments, and deeds have been executed thereon to the State and such taxing and assessing agencies. That as long as such lands (or lots) remain State lands, the same are non— assessable for tax or assessment purposes, and the tax and assessment burden becomes heavy upon the paying lands, causing more 1 3 delinquencies and losses # The legislature hereby declares that the welfare of the State requires that such lands (or lots) be placed in private ownership as promptly as possible so that such land (or lots) henceforth bear its just proportion of current taxation and assessments. ' Plan Dated August 7, 1944: r 4