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If any property sold as provided in this Chapter is not redeemed within the time and in the manner provided in this Chapter, the City Recorder shall, on presentation of a certificate of sale for special taxes duly executed by the City Treasurer, make and acknowledge a deed conveying to the City all property purchased in the name of the City at a special tax sales for which the redemption period has so expired.
(1979 Code § 12.24.260; amd. Ord. 97-83, 10-28-1997)
The City Recorder shall keep on file in his office a record of all tax deeds issued by him, which shall be facsimile copies of the deeds so issued, and which shall be indexed in the name of the party whose property was sold for taxes and also in the name of the individual whom the tax deed was issued.
(1979 Code § 12.24.270; amd. Ord. 97-83, 10-28-1997)
The City recorder shall collect two dollars ($2.00) for each deed issued for the first description of property contained in each deed and for each additional description of property in each deed one dollar ($1.00) and convey such fees monthly into the City Treasury; provided, that in cases where the City is the tax purchaser, no fee shall be collected.
(1979 Code § 12.24.280; amd. Ord. 97-83, 10-28-1997)
Whenever any such tax deed shall issue for such property, or in any case where property has been conveyed by the owner to the City in settlement of special assessment taxes, and the deed therefor accepted by the City, the City Treasurer may, at any time after due publication thereof in at least three (3) issues of a daily newspaper having general circulation in the City, offer for sale at the east door of the Municipal building at the time specified in the notice all real property to which the City has received a tax deed on account of sale for delinquent taxes, not theretofore redeemed, and may sell the same to the highest satisfactory bidder. The Mayor and the City Recorder are authorized to execute the deed of the City for any property thus sold. All such property for which there is no satisfactory purchaser at the sale provided for in this Section may thereafter be disposed of by the Mayor at either public or private sale. Proceeds received from all such sales shall be paid into the Special Improvement Guaranty Fund.
(1979 Code § 12.24.290; amd. Ord. 97-83, 10-28-1997)
A. Purpose: There is created a special fund to be known as the "Special Improvement Guaranty Fund" which Fund shall be used for the purpose of guaranteeing to the extent of said Fund the payment of special improvements bonds, or special improvement warrants, and interest thereon heretofore or hereafter issued against local improvement districts for the payment of local improvements therein, and for the purchase of property sold to the City at tax sale or under foreclosure for delinquent special improvement taxes.
B. Creation And Maintenance: The City Council shall create and maintain the Special Improvement Guaranty Fund by appropriation from the General Fund, or by the levy of a tax of not to exceed one mill in any one year, or by the issuance of general obligation bonds, or by appropriation from such other source as may be determined upon by the City Council to provide the monies necessary for that purpose. Said Fund shall be held by the City Treasurer and shall be kept by him separate and apart from all other funds held by him.
C. Transfer Of Excess Charges: All excess charges and penalties collected by the City Treasurer for the benefit or credit of any special improvement fund and remaining on hand after all the bonds or warrants, together with interest thereon drawn against said special improvement fund shall have been fully paid and canceled, shall be transferred to the Special Improvement Guaranty Fund.
D. Payment Of Bonds Or Warrants: When any bond, warrant or coupon drawn against any special improvement bond is presented to the City Treasurer for payment and there is not a sufficient amount in said special improvement fund against which it is drawn to pay the same, unless otherwise requested by the holder, payment therefor shall be made by warrants drawn by the City Treasurer against the Special Improvement Guaranty Fund.
E. Property Purchase: In the event that any property is sold to the City at tax sales or under foreclosure for delinquent special improvement taxes, said purchase shall be made by warrant drawn against the Special Improvement Guaranty Fund. All proceeds from the redemption or sale of property sold under foreclosure or of certificate of tax sale held by the City shall be paid into the Special Improvement Guaranty Fund.
F. Fund Replenishment: Whenever there is not a sufficient amount of cash in the Special Improvement Guaranty Fund at any time to make any and all purchases of property bid in by the City at sales of property for delinquent special improvement taxes, the City Council may replenish the Special Improvement Guaranty Fund by transfer or appropriation from the General Fund or other available sources as may be determined by the City Council. Warrants drawing interest at a rate of not to exceed eight percent (8%) per year may be issued by the City Treasurer against said Fund to meet any financial liabilities accruing against it; but at the time of making its next annual tax levy, the City Council shall provide for the levy of a sum sufficient with the other resources of the fund to pay warrants so issued and outstanding, the tax for this purpose not to exceed one mill in any one year.
G. Subrogation Of City: Whenever the City shall have paid under its guaranty any sum on account of principal or interest on the bonds or warrants of any district, it shall be subrogated to the rights of the holders of such bonds or warrants or interest coupons so paid, and such bonds or warrants or coupons, and proceeds thereof, shall become a part of the Guaranty Fund.
(1979 Code § 12.24.300; amd. Ord. 97-83, 10-28-1997)
At any time after the levy of any such tax, the Mayor, at the Mayor's sole discretion, may:
A. Accept from the fee owner or owners of any property so burdened with such special improvement tax and assessment or taxes and assessments a good and sufficient deed therefor conveying the title of said owner or owners therein, subject to any such special tax and assessment or taxes and assessments, and subject to any outstanding general tax or taxes, to the City, and may pay additional consideration therefor;
B. Acquire by purchase or otherwise the general tax title from the County to any property so burdened with such special improvement tax and assessment or taxes and assessments, where title to said property has passed by auditor's deed to the County for the nonpayment of general taxes, or has otherwise passed to the County when the Mayor deems it necessary or advisable to do so in order to protect the lien or liens of the City for any special improvement tax and assessment or taxes and assessments;
C. File and prosecute actions to quiet title to said property or properties, and/or do any and all things necessary or advisable to perfect title in the City to said property or properties in order to protect the lien or liens of the City for any special improvement tax and assessment or taxes and assessments, and/or do any and all things necessary or advisable to protect the lien or liens of the City for any special improvement tax and assessment or taxes and assessments;
D. Expend the necessary funds to accomplish any or all of the objects provided for in this Section from the Special Improvement Guaranty Fund or from any other proper source;
E. Dispose of any or all of said properties to which the City has so received title, free and clear of the whole or any part of any such special tax lien and/or general taxes, without notice.
(1979 Code § 12.24.310; amd. Ord. 97-83, 10-28-1997)
No error made in the carrying out of any of the provisions of this Chapter shall affect the validity of any sale made hereunder unless such error is jurisdictional, or due objection thereunto is made at the time and in the manner provided by law.
(1979 Code § 12.24.320; amd. Ord. 97-83, 10-28-1997)
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