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HomeMy WebLinkAbout1993-02-09; City Council; 12071; Tax Certificate On Final Maps. ClrV OF CARLSBAD - AGEMY BILL 9q @ RECOMMENDED ACTION: Introduce Ordinance No. flg-225 amending Carlsbad Municipal Code Section 20.20.110(2) to clarify when a certificate by the Clerk of the Board of Supervisors regarding deposits for taxes is required on a final subdivision map. ITEM EXPLANATION Before a final map can be recorded, state law requires the Clerk of the Board of Supervisors to certify that security for taxes and special assessments which are not yet due has been deposited with the clerk. Carlsbad Municipal Code Section 20.20.110(2) requires municipal code does not take into consideration that the Clerk will the certification to appear on the final map. However, the March 1 because taxes have already been paid during that time not place a certificate on the final map between October 1 and period. The proposed amendment clarifies that a certificate on the final map will only be required when taxes are not yet due. FISCAL IMPACT None EXHIBITS 1. Ordinance No. d’s-aas 2. Exhibit A 1 2 3 4 5 6 7 8 9 10 11 3. 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. NS-225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 20, CHAPTER 20.20, SECTION 20.20.110(2) OF THE CARLSBAD MUNICIPAL CODE TO REQUIRE A CERTIFICATE BY THE CLERK OF THE BOARD OF SUPERVISORS REGARDING DEPOSITS FOR TAXES OR ' SPECIAL ASSESSMENTS ON THE SUBDIVIDED PROPERTY TO BE INCLUDED ON THE FINAL SUBDIVISION MAP. WHEREAS, Government Code Section 66464 requires the Clerk of the Board of Supervisors to certify that all certificates and securities required by Government Code Section 66493 regarding taxes or special assessments collected as taxes which are not yet payable have been filed and deposited with the Clerk of the Board of Supervisors and approved by the County, NOW, THEREFORE, the City Council of the City of Carlsbad, California does ordain as follows: SECTION I: That Title 20, Chapter 20.20 is amended by the amendment of Section 20.20.110(2) to read as follows: (2) A certificate by the Clerk of the Board of Supervisors that the provisions of Division 2, Title 7 of the payment of taxes or special assessments collected as taxes on the Government Code have been complied with regarding security for property whenever any part of the subdivision is subject to a lien yet payable. It for taxes, or special assessments collected as taxes, which are not EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 9th day Of ~RY , 1993, and thereafter 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the day of , 1993, by the following vote, to wit: AYES : NOES : ABSENT : APPROVED AS TO FORM AND LEGALITY RONALD R. BALL, City Attorney CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk Page 2 of 2 of Ordinance No. EXHIBIT A “(2) A certificate by the Clerk of the Board of Supervisors that the provisions’ of Division 2, Title 7 of the