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HomeMy WebLinkAboutORD 39 (1934)171 ORDINANCE N0. 39, ORDINANCE OF THE CITY OF TUSTIN PROVIDING FOR THE ASSESSMENT OF PROPERTY .YITHIN THE CITY OF TUSTIN, AND COLLECTION OF 2'A$ES BY SAID CITY THEREON, AND REPEALING OPINANCE NO. 7, ENTITLED " AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA; PRO- VIDING FOR THE ASSESSING OF PROPERTY IN SAID CITY, AND FOR THE LEVY AND COLLECTIOIT OF TAXES, FOR USE OF SAID CITY BY CERTAIN COUNTY OFFICERS UNDER THE PROVISIONS OF A CERTAIN ACT OF THE LEGISLATURE OF CALIF- ORNIA, APPROVED MARCH 27. 1895, AS CON- TAINED IN THE STATUTES OF 1895, PAGE 219 CHAPTER 182, AND AS SUBSEQUENTLY AMENDED, AND ELECTING TO AVAIL ITSELF OF 'T HE PROVISIONS OF `'I'HE SAID STATUTE AS AMENDED." The Board of Trustees and City Council of the City Of Tustin do ordain as follows; SECTION 1. That it is hereby determined and declared that all property within the City of Tustin shall be assessed for the purpose of taxation, and all taxes thereon levied, and collected as herein provided. �,.. SECTION 2. That the fiscal year of the City of Tustin, as herein referred to, shall commence on the first day of July, and end on the 30th day of June of each year. SECTION 3. All property within the corporate limits of the City of Tustin, is, and shall be subject to taxation by said City, except such as by law is exempt, and all,property within said City must be assessed at its full cash valur. SECTION 4. The City Clerk, and Ex -Officio Assessor of the City of Tustin, is hereby required, between noon of the first Monday of March, and the first day of July, of each year, to ascertain and make out a true list of all of the property within -the City limits of the City of Tustin, subject to taxa- tion, and must assess such property to the persons by whom it was owned, or claimed or in whose possession or controll it is MR15 found to be.at twelve o'clock, noon, on the first Monday of March, provided, however, that no mistake in the name of the owner, or supposed owner of the property assessed, shall render any assessment thereof invalid. SECTION 5. The City Council of said City shall furnish the City Clerk, and Ex -Officio Assessor, proper blanks, books and material with proper headings therefor, in which said Assessor shall list all property within said City, in manner, and under separate hradings, in conformity with the method of assessing provided for, and required by the laws of the State of ualifornia, to be used and followed by the County Assessor, in assessing county properties. SECTION 6. The Assessor shall prepare and make a part of such assessment roll, an index thereto, showing the name of the taxpayer, book andpage thereon his assessment appears, and postoffice address of such taxpayer, or his agent, when known. SECTION 7. The Assessor is hereby required, between noon of the first Monday of march, and the -first day of July, of each year, to mail, or deliver to each person, firm or cor- poration so appearing as an owner of property within said city, on the assessment- roll of said City, as of noon the first Monday of March preceding, a blank statement, calling for a statement of property owned or under his or its control, in substantially like manner as is required to be reported and shown upon assess - went statements required by, or to be made to County Assessors of the State of California, and supported by Affidavit of sub- stantially the form so used upon such County Assessment Reports, or statements. SECTION 8. Each owner of porperty appearing upon the assessment roll of said City, shall return such statement to the Assessor, on or before ten (10) days from date of mailing -2- to him of the same, as required by the provisions of Section 7, hereof, and in the event such statement is not so returned to the City Assessor, duly acknowledged, as herein required, within said ten (10) days, the Assessor shall complete and enter arbitrarily, upon such statement, the properties of such owner so fay as known to such Assessor, and the value of the respect- ive properties so to be assessed, which said arbitrary statement so filed shall constitute the filing of such statement, in lieu Of such filing by the property owner, as herein required. SECTION 9. The Assessor shall have, and is hereby granted like and all of the powers granted to County Assessors, Pursuant to the Laws of the State of.California to demand affidavits required to give any information required, establish- ing ownership, description, character, or value of any taxable property, and to subpoena and examine any persons in relation to any statement so furnished to the Assessor, and anyone re- fusing to comply or obey the demands of the Assessor as herein prescribed, shall, upon conviotinn of the violation of the Pro- visions hereof, be punish=ed as hereinafter provided. The Assessor shall compare the valuation of property ascertained by him with the valuationsoand.,date:;furnished by the statements received and filled out as herein required, and make such changes as .seem just and fair, and shall enter the result of such changes upon such statement as thereon provided. All such valuations shall be made pursuant to provisions of the Political Code of the State of California in force and effect from time to time respecting and governing the valuation of property for purposes of taxation. SECT IOR 10. On or before the first day of July of each year, the City Assessor must complete the assessment roll. He must make and subscribe an affidavit in said roll, substan- tially in conf6rmity with the Affidavit so required to be made -3- RM by County Assessors of the State of California. Such assessment roll shall then be filed in the office of the City Clerk and Ex -Officio Assessor. SECTIONJ[. Immediately upon completion of the assessment roll, the City Assessor, must give notice thereof, and of the time the City Council will meet as a Board of Equalization to equalize said assessments, by publishing such notice in the newspaper doing the City advertising, for not less than two (2) times within thirty (30) days next preceding the date of such meeting, and in the meantime, the assessment book must remain in the office of the City Clerk and Ex -Officio Assessor of the City of Tustin, for the inspection of all persons int ted. `t 14 4N11 W o SECTION 12. she City Council of the City,of 'Tustin r shall meet at its usual place of meeting on the second Monday in ' August .of each year, at ten o'clock A. M., convene and sit as a Board of Equalization, and shall continue in session from day to ti day, until all of the returns of the Assessor have been rectified. The City Clerk shall be the Clerk of said Board of Equalization during said meeting. SECTION 13. The Board of Be ualzation shall have power to increase or diminish the amount of any, or all assessments on the assessment roll, so as to make the same conform to the true value of the assessed property in money. Before any such assessment is increased the Board must cause notice to be given . to the owner or owners of the poperty the assessed value of which is to be increased, by depositing in the post office of said City, postage prepaid, a notice addressed to the last known address of such owner or owners, directing him,, or them, to appear before the Board at a designated time, not less than five days after the date of mailing such notice, and show cause why such . increase should not be made. At any time designated, or any -4- 175 subsequent time to which the matter may be then postponed, such owner or owners, if he or they so desire, must be heard, under oath, by the Board. 3BC lOR 14. No reduction shall be made in the valuation of any property, except for the purpose of correcting an error, unless the party affected thereby, or his agents makes and files with the Board a written application thereof, veri- fied by his oath, showing the facts upon which it is claimed such reduction should be made. Before the Board grants the application or makes any reduction applied for, it shall first examine, upon oath, the person or agent making the application, examining as to the values of the property of such person. 14o reduction must be made unless such person or the agent making the application, attends and answers all the ques- tions pertinent to the inquiry. �.. Upon hearing of the application the Board may sub- poena such witnesses and take such evidence in relation to .the subject pending as in its discretion it may deem proper. SECTION 15. During the session of said Board of Equalization, the City Assessor, or any deputy whose testimony, is needed, must be present and make any statement or introduce and examine witnesses on questions before the Board. During the session of the Board, it may direct the City Assessor to assess any taxable property that has escaped assessment, or to add to the amount, number or quantity of property, when a false or incomplete list has been rendered, and to make and enter new assessments (at the same time cancelling the previous entries, when any assessment made by him is deemed by the Board so incomplete as to render doubtful the collection r+"h, of the tax; provided that before the City Assessor is so ordered, notice as provided in Section 13 hereof, shall be given the -5- IN parties interested to show cause why such order should not be made. any assessment made as provided in this section has the same force and effect as if made by the Assessor before the delivery of the assessment roll to the City Clerk. she Clerk of the Board must record in a book to be kept for that purpose, all changes, corrections and orfers made by the Board, and during its sessions or as soon as possible after its adjournment, must enter upon the assessment roll all changes and corrections made by the Board and on or before the first Tuesday of September, must deliver the asses ment roll, so corrected to the City Council and accompany the same qith an Affidavit thereto affixed, substantially in compliance with the Affidavit in such instance required to be affixed upon assess- ment book by the Clerk of the Board of Supervisors upon equal- ication of a County assessment r6ll. SECTION 16. The City Council shall, on the first 'aEi Wednesday of September of each, year,fix the levy or rate per cent A, of taxes levied for all municipal parposes for that fiscal year, designating the number of cents on each one hundred dol- lars of property assessable for city taxation purposes, for each i of the various municipal funds, not to .exceed in the aggregate, the limits fixed by law. _iLO-ION 17. The City Clerk and Ex -Officio Assessor must then compute and enter in separate columns in the assess- ment roll the respective sums in dollars and cents, rejecting the fractions of a cent, to be paid as a tax on the property therein enumerated, and must foot up the columns showing the total amount of such taxes; and it shall be his duty at the same time, whenever any property has theretofore been sold for taxes and remains unredeemed,.to enter upon the assessment roll im- mediately after the description of the property the fact.that said property has been sold for taxes and the year of such sale. -6- 0 1"7'7 SECTION 18. On or before the fouth Monday in September, the City Clerk shall deliver to the Chief of Police, as Ex -Officio Tax Collector the assessment books, and take his receipt for the amount of taxes due thereon. SECTION 19. the tax on all personal property, secured by real property, and one-hald O of the tax on all real property, are due and payable on the 1st day of November of each year, and will become ddlinquent on the 5th day of December, next, thereafter at five (5;00) o'clock P. M., and the remaining one-half (1/2) of the tax on all real property is due and payable on and after the 20th day of January nexViand will become delinquext on the 20th day of April next thereAfter, at five (5:) o'clock P. m. All taxes may be paid at the time the first install- ment, as herein provided, is due and payable. SECTION 20. 'Within five days after the receipt of the assessment roll, the tax collector shall caude to be pub- lished a notice specifying in substance: (a) That the taxes on all personal property secured X by real property and one-half of the taxes on all real property are payable on the first day of November of that year. (b) That the taxes on all personal property secured by real property and one-half of the taxes on all real property unpaid by five o;';clock P. M., on the 5th day of December next, thereafter will be delinquent, and unless paid prior thereto, eight (87O)' per cent will be added to the amount thereof; pro- vided that if they be not paid before the 20th day of April, next succedding, at five o'clock P. La., there shall be collected an additional three (3°%) per cent thereon. (c) That the remaining one-half of the taxes on all real property are payable on or after the 20th day of January next, and will be delinquent on the 20th day of April next, at' -7- five o'clock P. M. and unless paid prior thereto, three (3p) per cent additional will be added to the amount thereof, together with 50� additional on each parcel of property separately assessed; (d) That all taxes are due and payable to the Tax Collector or his deputy at his office in the City of -Tustin, as designated in said notice, and that the 'fax Collector will keep certain designated office hours at such office for the purpose of collecting taxes as aforesaid. Such notice must be published once a week for two consecutive weeks in a newspaper published and circulated .in said city. sEcTjob: 21. The City 'rax and License Collector shall, as soon as possible after receipt by him of said tax roll, pre- pare statements designated "Tax Bill", for each person, firm or corporation against whose property is assessed any.tax, and mail or deliver to such taxpayer, such statement, not less than thirty (30) days prior to the fifth day of _uecember of each year, pro- vided that the failure to do so, deliver or mail such statement — within said time, or at all, shall not invalidate any tax due, payable, or a lien upon any property within said City. SECTIOB 22. The City 'fax and license Collector must mark the date of payment'of any tax in the assessment roll opposite the description of the property on which such tax was paid. 6„0T10iV 23. the City Tax and i,ioense Collector must give a receipt to the person paying any tax or part thereof, specifying the amount of the assessment and the tax or part thereof, paid, and the amount remaining unpaid, if any, with a description of the property assessed. Upon every such receipt and upon every bill or state - men t tage-ment of taxes, there shall be distinctly and legibly written, printed or stamped, the words "Sold for Taxes" and also the year -8- of such sale, whenever the property described therein has been sold for taxes, prior to the date of such receipt, bill or statement, and remains unredeemed. SECTION 24. On the fifth day of December of each year at five o'clock P. Mo all unpaid taxes then due shall be delinquent and thereafter the Tax Collector must collect for the use of the City, the additional eight (8%) per cent thereon, as hereinbefore provided. SECTION 25. On the third Monday of December of each year, the Yax Collector must deliver to the City Clerk, a com- plete delinquent list,_ in alphabetical order, of all persons and property then owing -taxes, and, at the. same time return the assessment roll. SECTION 26. The City Clerk must compare carefully the list with the assessment book, and, if satisfied it contains a full and true statement of all taxes due and unpaid, said Clerk P.y must foot up the total amount of taxes, so remaining unpaid, and credit the Tax Collector therewith, and make a final settlement of all taxes charged against him on the assessment book; if said settlement does not correspond with the treasurers receipts, the Board shall require an immediate payment of any existing deficience. If the Tax Collector refuses or neglects, for a period of ten days to make the payments and'settlements required in this ordinance, he is liable for the full amount of the taxes charged upon the assessment book. SECTION 27. Within fine (51 days after the settle- ment prescribed in the preceding section, the City Clerk must deliver to the Tax Collector the tax roll upon which has been. entered the eight (8f.) per cent penalty upon which delinquency exists, and charge said tax collector with the amount of taxes remaining unpaid, together with the amount of taxes upon which no delinquency exists, together with the delinquent tax list plus the aforesaid penalties. .-9- The Tax Collector shall thereupon receive and enter up to the hour of five o'clock P- M. on the 20th of April, next, all taxes paid together with the aforesaid penalties thereon, and before the first Monday of May next, deliver to the Clerk, a complete delinquent list in alphabetical order as'to the per- sons assessed of all property upon which there remains unpaid and owing any taxes. SECTION 28. On or before the 5th day of June of each year the City Tax Collector shall prepare a delinquent tax list which must contain the names of persons and a description of the property delinquent, and the amount of taxes,t penalty and costs due, opposite each name and description,.with the taxes due on personal property added to the taxes of real property, added to the taxesonreal estate when the real estate is liable therefor. He must append to the delinquent list so prepared a notice that unless the delinquent taxes, together with the costs and penalties thereon are paid, th&I-rea1 property on which such taxes are a lien will, by operation of law, -be sold to the City in the City Tax Collector's office at a day and hour designated in such notice. Said delinquent list must be posted for three con- secutive weeks in three publis places in the City of Tustin, together with the aforesaid notice of sale, which time of sale must not be less than twenty-one days nor more than twenty-eight days after the date of posting. Whenever any property appears in this list which was sold to the City not less than five years previous to the date fixed therein, for.the sale so to be had, there shall appear immediately following the description for such property a notice which notice shall provide that unless the delinquent taxes.there- on are sooner paid, said property will be sold or.offered for sale -10- at public auction to the highest bidder for cash in lawful money Of the United States. the several parcels and lots of property described upon which five years will have elapsed from the date of the sale of said property, shall then be sold as herein pro- vided and no bid for such property will be accepted for less than the amount required to redeem the same, including all taxes, costs and penalties to date; and if no such bid is made, said property shall then be sold in manner as provided pursuant to the provisions of the Political Code of the State of California, from time to time in effect prescribing the manner of sale of prop- erty for five years delinquent and upon which tax redemption has not been made, or upon direction of the City Council the property so sold for delinquent taxes, or any part or parcel so sold, may be sold to the City of '.'ustin, in lieu and in place of the State of California, and such sale to the City shall be had in the form and manner and conducted pursuant to the same provisions bf the Political Code of the State of California as if said sale was made to the State of California; Provided, however, that during such period of time as pursuant to the pro- visions of Section 3817d of the Political Code of the State of California as amended by the 1933 Legislature,_ no final or five year sales shall be made or conducted with respect to county taxes, no such final or five year sales shall be had under this ordinance for city taxes. SECTION 29. The City Tax Collector, as soon as he has posted said notice, as herein provided, must file with the Clerk of the City a copy of said delinquent list and notice, with his affidavit of posting attached thereto, which said affidavit shall be prima facie evidence of all the facts stated therein. -11- MOT21 SECTION 30. on the day and hour fixed for the sale, all the property delinquent, upon which the taxes of all kinds, penalties, and costs have not been paid, shall, except as to sale of property, five or more years in delinquency, by operation of law, and the declaration of the city Tax Collector, be called off the delinquent assessment list in regular order, and be separately I struck off and sold to the City as;, -purchaser, pro- vided, however, that the owner or person in possession of any property offered for sale for taxes due thereon, may prior to the sale of such property, pay the taxes, penalties and costs due, and thus satisfy the lien of the City upon property. The City Tax Collector shall make an entry "Sold to the city of Mustin," on the delinquent assessment list opposite to each piece of property so sold, and he shall be credited with the amount of the taxes, penalties, and costs thereon in his settlement. SECTION 31. The City Tax Collector must, in a book provided . for that purpose, enter a description of the land s I old, corresponding to the description in the original asq.essment roll, the date of sale, that it was sold to the city, the amount for which it was sold, and must regularly number the descriptions on the margin of the book. Such book shall then be filed with the City Clerk and must be open to public inspection, without fee, during office hours, when not in actual use,. In case of redemption or a sebsequent sale of any I of said property by the City, the City Clerk must cause an entry to bemadeon the margin of the record, describing such property in said certificate book of record, of the fact of such redemption or sale, giving the'date thereof, and by whom redeemed. SECTION 32. Any property sold for taxes pursuiint to the provisions of this ordinance shall be subject to redemption within five years, and upon the terms providedl or that may -12- hereafter be provided, for the redemption of property sold for state or county taxes, and with respect to redemptions the Uity Officers are empowered and directed to perform all of the duties conferred and imposed upon corresponding county officers with respect to redemption of property sold for county taxes. . SECTION 33: Upon five year delinquency sale being made, the Tax Collector must make a deed to the property, recit- ing in such deed the name of the person to whom sold, date of sale, description of land sold, the amount for which sold, Such deed shall be acknowledged, as required to authorize it to be recorded, and the matters recited in such deed of sale, shall constitute primary evidence of the following facts; 1. The property was assessed as required by law. 2. The property was equalized as required by law; 3. The taxes were levied in accordance with laws 4. The taxes were not paid; 5. At a proper time and place, the property was sold as prescribed by law, and by the proper officer; 6. The property was not redeemed; 7. The person who executed the deed was the proper officer; 8. -Where the real estate was sold to pay taxes on personal property, that the real estate belonged to the person liable to pay the taxa , SECTION 34. Such deed duly acknowledged or proved, is (except as against actual fraud) conclusice evidence of the regularity of all other proceedings, from the assessment by the Assessor up to the execution of the deed, inclusive. Such Deed conveys to the Grantee the absolute title to the property described therein, free from all encumbrances, or liens, except the same and such as prescribed and enumerated as exceptions in Section 3787, of the Political Code of the State of California. -13- SECTION 35. the Assessment book, or the delinquent list, or copy thereof, certified by the City Clerk, showing unpaid taxes against any person or property, is prima facie evidence of the assessment, the property assessed, the delinquency, the amount of taxes due and unpaid and that all the provisions of law in:relation to the assessment and levy of such taxes have been complied with. SLC'IO14 36. Shen land is sold for taxes, correctly imposed as the property of a particular person, no misnomer of the owner , or supposed owner, or other mistake relating to the owner- ship thereof, affects the sale, or renders it viod or viodable. SEC7.'ION 37. in case property assessed for taxes is purchased by the City, except on five year delinquency sale, pur- suant to the provisions of this ordinance, it shall be assessed each subsequent year for taxes, until a deed therefor, is made, to the purchaser, in the same manner as if it had not been puk= chasedw in the case of property sold to the City, pursuant to the provisions of this ordinance, it shall be assessed each subsequent year for taxes, in the same manner as if it had not been sold, until a deed is made to the purchaser thereof at the fifth year delinquency sale. SECTION 38. Whenever property sold to the city, pur- suant to the provisions of this ordinance, shall be redeemed as herein provided, the moneys received on account of such redemption, including the original and subsequent taxes, and percentages, penalties, costs and interests, shall be paid into the 'T'reasury for the use and benefit of the respective funds of the City, for which originally levied. 62CTIOLd 39. 'The Assessor must collect, immediately as the assessment is made, the taxes on all property when in his opinion said taxes are not a lien upon real property sufficient to secure the payment of the taxes. -14- At the time of making the assessment, or at any time before the first day of July, the Assessor may collect the taxes by seizure and sale of any personal property owned by the person against whom the tax is assessed. 6EVT1014 40. :he sale of personal property must be at public auction, and of a sufficient amount of property to pay the taxes, percentage and costs. rhe sale must be made after one week's notice of the time and place thereof, given by publication in a newspaper published in the Vity, or by posting in three pub- lic places. Nor seizing and selling personal property, the Assessor may charge in each case the sum of three ( P.00) dollars. On payment of the price bid for any property sold, including penalties and costs as herein provided, the delivery thereof, with a bill of sale, vests the title thereto in thepurchaser. All excess, over the taxes, percentages and costs of the proceeds of any such sale, must be returned to the owner of the property sold, and until claimed must be d posited in the City Treasury, subject to the order of the owner, heirs or assigns. The unsold portion of any property may be left at the place of sale at the rids of the owner. SECTION 41. The Assessor shall be governed as to the amount of taxes to be collected upon personal property by the city rate for the previous year. 1hen the rate is fixed for the year in which such collection is made'then, is a sum in excess of the rate has been collected, such excess shall not be used bu the City, but shall remain in the City Treasury, and must be paid by the Treasurer to the oerson from whom the collection was made, or to his assignee, on demand therefor. if a sum less than the rate fixed has been collected, the deficiency must be collected by the Tax Collector as other -15- yaxes on personal property are collected. The Assessor, on the rirst Monday of each month, must pay into the City Treasury all moneys collected by him during the preceding month. 'he Clerk must, as soon as the assessment book for the year comes into his hand, note opposite the name of each person from whom taxes have been collected, the amount thereof, and as'soon as the rate of taxation for the year, is fixed, the Clerk must note, in connection with said entry, the amount of the excess of deficiency. SECTION 42. Ommissions, errors or defects in the form of any original assessment or assessment book, where it can be ascertained therefrom what was intended, may on the written order of the City Council, be supplied or corrected by the Assessor, at any time after the original assessment was made, and prior to the sale for delinquent taxes, and when the omissions, errors or defects have been carried into a delinquent list or any posting thereof, the list may be posted as amended, or notice of correction may be given in a supplemental posting, to be made in the same manner as the original posting and for not less than one week. SECTION 43. No assessment or act relating to assessment or collection of city taxes is illegal on account of informality or because the same was not complete within the time reouired by law; nor can the City's right and power to levy and collect taxes be extinquished by any irregularity or proceeding whatsoever. SEC^ION dif. The City Council shall furnish, at the expense of the City, to the Assessor and^ax Collector, any and all material, statements, maps, or other documents or material required in the assessing of the properties within said City, and the collection of taxes thereon as herein required, as and when such supplies are needed. -16- IM SECTION 45. Any person violating any of the pro- visions of the foregoing sections of this -,rdinance, or who commits any Of the acts therein declared to be unlawful and pro- hibited or who neglects or refuses t 0 do the duties therein re- quired of him, is guilty of a misdemeanor, and shall upon con- viction thereof by a court of competant jurisdiction, be punished by a fine not to exceed P300.00, or by imprisonment for not to exceed ninety days, or in the discretion of the court, by both such fine and imprisonment. SECTION 46. Ordinance No. 7 of Ordinance of the City Of Tustin, entitled "AN ORDINANCE OF `DHE' CITY OF TUSTIN, CALIFORNIA, ?POVIDING FOR THE ASSESSING oe-uOPERTY IN SAID CITY, AND FOR :HE LEVY AND COLLECTION OF 'TAXES, FOR USE OF SAID CITY BY CEEPAIN COUIVTy OFFI%RS UjjjE? THF P1i0VISIONS OF A CERTAIN ACT OF TH LEGISLATURE OF CALIFORIaIA, AP±'ROVED MARCH 27* 1895, AS CONTAINED IN 'i'HE S'TA'TUTES OF 1895, PARE 219, CHAPTEH 182, AND AS SUBSE,1U::1j'1'LY AEIENDED, AItlD L''LECTING TO AVAIL ITSELF OF THEPROVISIONS OF `i'1iE SAID S'PATU'TE AS AM 14DED", is hereby repealed, except that all penalties incurred, proceedingshad and assessments made, pursuant to the provisi'�ns of said -ordin- ance No. 7, shall remain in full force and effect. SECTION 47. This ordinance shall be interpreted and construed liberally and to the end that the purpose of providing a reasonable and valid method of assessing property and collect- ing taxes within the City of Tustin,'is provided. The City Council and each member affirmatively vot- ing for the adoption of this Ordinance, declares that if any part or section, clause or phrase of this Ordinance is declared invalid, and remainder of the Ordinance, as to each and every valid clause, part or portion thereof, shall remain in full force and effect, and that all parts of said Ordinance would have been and were intended to be adopted even though such -17- i invalid clause, part or portion, was adopted as apart hereof. SECTION 48. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be pub- II� lished once in the Tustin News and on the First day of March, ` 1934, said Ordinance shall become effective. I, J. 1?. Harbour, City Clerk of the City of 'Tustin, do hereby certify that the foregoiOg Ordinance was introduced at a regular meeting of the Board of `Trustees and City Council of the City of Tustin, hald on the 5th day of February, 1934, and was passed by the Board at a regular adjourned meeting held on the 19th day of February, 1934, by the following voter AYES: COUNCILMEN, Kiser Logan Pieper Schwendeman. `NOES: COUNCILMEN None ABSFZT: COUNCILMEN- ATTEST: OUNCILMEN ATT;ST: ity er�o amity o TUS in. The foregoing Ordinance is hereby approved this 19th day of February, 1934. ago