HomeMy WebLinkAboutMINUTES - 01081985 - 1.37 ) 37
ORDINANCE NO. 85-6
(Property Taxation; Possessory Interest Reporting)
The Contra Costa Countv Board of Supervisors ordains as follows
(omitting the parenthetical footnotes .from the official text of
the enacted or amended provisions of the County Ordinance Code) :
SECTION I : Chapter 66-8 is added to the Ordinance to require
possessory interest reporting by the owners of tax exempt real
property, to read:
Chapter 66-8 . Possessory Interest Reporting
Article 66-8 . 2 Purpose and Authority
66-8 . 202 Purpose and Authority. The
purpose of this Chapter is to effectuate Revenue
and Taxation Code Section 480 .4 (Chapter 872,
Statutes 1984) in order to require the owners of
tax-exempt real property to report to the Assessor,
within 60 days, the creation, renewal, sublease or
assignment of any lease, sublease, license, use
permit or other document which conveys the right
to use that real property, so that the Assessor
may determine if the transaction has created a
taxable possessory interest.
Article 66-8 . 4 . Reporting
66-8 . 402. !e rting Within 60 days of the
closing date of the transaction, every owner of tax-
exempt real property shall report to. the Assessor
the creation, renewal , sublease, or assignment of
any lease, sublease, license, use permit, or other
document which conveys the right to use that real
property. The report shall include all. of the
following :
(1) . The name and address of the owner .
(2) The names and addresses of all other parties
to the transaction, including an identification of each
party and of his or her possessory interest.
(3) The type of transaction, whether creation,
renewal , sublease, or assignment.
(4) A description of the property.
(5) The date of the transaction.
(6) The terms of the transaction, including all
of the following :
(A) The consideration for the possessory interest,
r whether .paid in money or otherwise.
(B) The term of the possessory interest, including
any renewal or extension options.
(.C) If a sublease, the original term, the
remaining term, and the consideration paid for the
master lease.
(D) If an assignment, the original term, the
remaining term, and the consideration paid for the under-
lying lease.
Article 66-8. 602 Duration
66-8 . 602 Duration. This Chapter shall remain
in -,effect only until January 1, 1991, and as of that
date is repealed, unless a later enacted statute
deletes or extends that date. Should a later enacted
statute delete or extend that date, this Chanter shall
continue in effect, subject to any time limitation
set forth in the later enacted statute.
SECTION II : EFFECTIVE DATE. This ordinance becomes effective
30 days after Passage, and within 15 days after passage shall
be published once, with the names of the supervisors voting
for and against it, in the Contra Costa Times, a. newspaper
published in this County.
PASSED on January 8, 1985 by the following vote:
AYES : Supervisors Powers, Fanden, Schroder, McPeak, Torlakson
NOES: None
ABSENT: None
ATTEST: Phil Batchelor , County Administrator
and Clerk of the Board
By<
K 11 R. Calhoun Deputy Board Chair
[SEAL]
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ORDINANCE NO. 85-6