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HomeMy WebLinkAbout0469 ,I I ./ SECTION VI / I I It shall be the duty of the seller within thirty days after the date 01' sale to furnish to the Treasurer, in tr!plica~e, on forms to be supplied by the Treasurer, an affidavit containing the full name and address of the purchaser, the description of the real property, involved, the date of sale or other transfer, the nature of the transfer and the sale price which affidavit shall be subscribed and sworn to by the seiler. buyer. or the agent or either, before a notary public, the Treasurer or his duly authorized deputy~ ~~ere the transaction involves the exchange in whole or in part of any real property or any estate or interest therein or any contract right thereto for any other real property or estate or interest therein or contra,ct right thereto, there shall be filed by or on behalf of each grantor the above ,~ffidavit, which said affidavit shall state the fair market value of the property so exchanged and a tax shall be levied and collected as to each transfer. 'fuere the transaction involved 1s a lQase 'nQth an option in the lessee to buy real property or any estate or interest therein or contract right thereto, the agent of either shall by affidavit, state the option pdce intended and t.~e tax levied hereunder shall be on such stated option price; PROVIDED. that if, upon execution and delivery of instrument of. conveyance or transfer pursuant to such option, the actual consideration passing be greater than the option price ~ stated in the affidavit filed at the time the lease with option was executed, there is hereby levied and there shall be collected undor this ordinance the tax on such additional amounts prior to the time the deed is accepted for record- ~ ing; PROVIDED FURTHER, that where. by the ins'~rument of lealOe, the lease pay- ments do not apply on the ultimate sales price, the tax levied hereunder shall not be payable until the option is exercised and accepted. Where the trfu,saction involved constitutes a sale of standing timber under this ordinance and the selling price ,is stated :I.n such conveyance as betng determinable in the future on the basis of f~otagG removed or on a stumpage basis. it shall De the duty of the seller to execute and fils with the County 'freasurer the foregoing affidavit stating, in addj.tion to the other requirements, the legal description of the real property on which su~h standing timber is located, and an estimate, to the Dest of his kno~...ledge. or the selling price ultimately to be received and shall pa:y' to the County Treasurer under this ord- inance a sum equal to one per c:ent of l3uch estimated c:wlling price1 which sum shall not be credited by the Treasurer to the school fund but ahal~ be retained in a separate account. On the expiration date of. such timbor contract, if not extended, or at the time cutting and removal is completed, whichever ia earlier. it shall be the duty of the seller to execute and file with the Coun.ty Treasurer an additional affidavit in the above form setting out the selling pI'! ce actually paid. In the event such amount results in a tax greater than the sum thereto- fore paid on the estimate the seller shall pay such additional amoUllt to the County Treasurer who shall thereupon place this amount, together with the sum originally deposited, to the credit of thQ achool fund 1n the usu~l manner. In the event that such amount be less than the original estimate the Treasurer is hereby directed to refund the excess payment to the. taxpayer Bnd credit the balance to the school fund as above. SECTION VII The Treasurer shall retain and file the original of such affidavit and shall furnish one copy to the county ASS08S01'. SEC'l'ION VIII Fallul"e to furnish such affidavit to the Tre,lisurar wi thin thirty dara after sale shall bo a misdemeanor and, upon convlcticm ther.eof. tho Bellor sha 1 be fined not leee than ten nor more than fifty dollarm. \J, ,:',,'.,\;\'