HomeMy WebLinkAbout91-137~.~t~~~•~ ®~ ~ '~ 3~ `t '~~ B~AR`[~ dF SUPERVISORS
`*^• ~` .`` *~ COUf~lTY OF BUTTL~,,STATE OF .CALM=ORNIA
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Resolution No.91-137
RESOLUTION REGARDING CERTIFICATION OF PAYMENT OF
UNSECURED PROPERTY TA%ES IN CONJUNCTION WTTH
RECORDING AFFIDAVIT OR NOTICE TO HOLD
RE• MINING CLAIMS
WHEREAS, Public Resources Code Section 3914 allows the
Board of Supervisors to require that any person filing an affidavit
pursuant to Section 3913 of the Public Resources Code, or any
person filing a notice of intent to hold, demonstrate proof of
payment of any unsecured tax levied against the mining claim on
which the affidavit or notice of intent to hold is filed, along
with any delinquent unsecured taxes levied against the person
filing the affidavit or notice of intent to hold, prior to the
recordation of the affidavit or notice of intent to hold.
WHEREAS, Public Resources Code Section 3914 further
provides that if a resolution is adopted pursuant to it, said
resolution may include the following provisions:
(a) A provision prohibiting the county recorder from
accepting an affidavit or notice of intent to hold (as provided for
in Section 3913 of the Public Resources Code) for recordation
without the tax collector's certification that the taxes have been
paid.
(b) A provision requiring the following:
(1) That, when taxes are paid, the tax collector
issue a receipt or certificate of payment for use in certification
of the affidavit or notice of intent to hold.
(2) That the county recorder forward any affidavit
or notice of intent to hold to the tax collector if the county
recorder receives an affidavit for recording by mail and the
affidavit or notice of intent to hold does not contain the tax
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collector's certification that the taxes have been paid.
(3) That, if applicable, the tax collector then
certify that the taxes have been paid on the face of the affidavit
or notice of intent to hold and return the document to the county
recorder for recording.
(4) That, if the taxes have not been paid, the tax
collector return the affidavit unrecorded to the filer.
WHEREAS, it has been determined by the Butte County Board
of Supervisors that such administrative rules are necessary and
justifiable.
BE IT THEREBY RESOLVED that pursuant to Public Resources
Code Section 3914 the Board of Supervisors has determined and does
hereby order that any person filing an affidavit pursuant to
Section 3913 of the Public Resources Code or any person filing a
notice of intent to hold, shall demonstrate proof of payment of
any unsecured tax levied against the mining claim on which the
affidavit or notice of intent to hold is filed, along with any
delinquent unsecured taxes levied against the person filing the
affidavit or the notice of intent to hold, prior to recordation
of the affidavit or notice of intent to hold.
BE IT FURTHER RESOLVED that, to carry out the intent of
this resolution, the following is ordered:
(a) A provision prohibiting the Butte County Recorder
from accepting such an affidavit or notice of intent to hold for
recordation without certification from the Butte County Tax
Collector that the taxes have been paid.
(b) A provision requiring the following:
(1) That, when taxes are paid, the Butte County Tax
Collector shall so certify for the purpose of approving recordation
of the affidavit or notice of intent to hold.
(2) That the Butte County Recorder shall forward,
when received for recording by mail, any affidavit or notice of
intent to hold to the Butte County Tax Collector if it does not
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contain the Tax Collector's certification that the taxes have been
paid.
(3) That, if applicable, the Butte County Tax
Collector shall then certify that the taxes have been paid on the
face of the affidavit or notice of intent to hold and return the
document to the Butte County Recorder for recording.
(4) That, if the taxes have not been paid, the Butte
County Tax Collector shall return the affidavit unrecorded to the
filer.
PASSED AND ADOPTED this the 5th day of November ,
1991 by the following vote:
AYES: Supervisors Houx, McLaughlin, Fulton and Chair Dolan
NOES: None
ABSENTS Supervisor McInturf
NOT VOTING: None
LAN, Chair, But
f Supervisors
ATTESTS
WILLIAM H. RANDO , Chief Administrative
Office a d Clerk o the Board
By
Carol Roach