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NS-2033
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Last modified
1/3/2012 1:03:28 PM
Creation date
6/26/2003 10:08:08 AM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2033
Date
11/20/1989
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If property subject to a special tax levied pursuant to this Code is acquired <br />by the City or any public entity or entities through eminent domain proceedings, <br />the obligation to pay the special tax shall be treated, pursuant to Section 1265.250 <br />of the California Code of Civil Procedure, as if it were a sp~cial annual <br />assessment. For this purpose, the present value of the obligation to pay a special <br />tax to pay the principal and interest on any indebtedness incurred by the district <br />prior to the date of apportionment detei-ii~ined pursuant to Section 5082 of the <br />California Revenue and Taxation Code shall be treated the same as a fixed lien <br />special assessment. <br /> <br />Section 20-17. Lease or possessory interest by exempt person or entity to <br />nonexempt person or entity; lease provisions; collection. <br /> <br /> {a) If a public agency owning property, including property held in <br />trust for any beneficiary, which is exempt from a special tax pursuant to <br />Section 20-54 grants a leasehold or other possessory interest in the <br />property to a nonexempt person or entity, the special tax shaH, <br />notwithstanding Section 20-54, be Series on the leasehold or possessory <br />interest and shall be payable by the owner of the leasehold or possessory <br />interest. <br /> <br /> (b) When entering into a lease or other written contract creating a <br />possessory interest that may be subject to taxation, pursuant to subdivision <br />(a), the public agency shall include, or cause to be included, in the contract <br />a statement that the property interest may be subject to special taxation <br />pursuant to this chapter, and that the party n whom the possessory interest <br />is vested may be subject to the payment of special taxes levied on the <br />interest. Failure to comply with the requirements of this section shall not, <br />however, invalidate the contract. <br /> <br /> (c) If the special tax on any possessory interest levied pursuant to <br />subdivision (a) is unpaid when due, the tax collector may use those <br />collection procedures which are available for the collection of assessments <br />on the unsecured roll. <br /> <br />-9- <br /> <br /> <br />
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