A. The tax collector shall pay all moneys received from such sales into the city treasury. The treasurer shall account for the same as for all other city funds, after deducting from the sum received at said sale that portion of the amount representing the excess over and above all taxes, public improvement assessments, penalties, costs, interest and expenses due at the time of said sale. Such excess shall be refunded on verified claim as provided in Section 3.28.440. On receiving the amount bid, as prescribed in Section 3.28.595, the tax collector is directed and authorized to execute a deed to the purchaser, which deed shall be in substance and may be in form as follows:

THIS INDENTURE, made the ___________ day of ___________ 19___, between the City of Bakersfield, a municipal corporation, first party, and ____________________, of ____________, County of_________, State of ______, second party, Witnesseth:

That whereas, the real property hereinafter described was duly sold and conveyed to the City of Bakersfield for the non-payment of taxes (and/or public improvement assessments) which had been legally levied and which were a lien upon said property under and in accordance with the Charter and ordinance of the City of Bakersfield, and

Whereas, in conformity with said Charter and ordinances, the City of Bakersfield for the non-payment of taxes (and/or public improvement assessments) which had been legally levied and which were a lien upon said property under and in accordance with the Charter and ordinance of the City of Bakersfield, and

Whereas, in conformity with said Charter and ordinances, the City of Bakersfield, acting by and through ____________, Tax Collector as aforesaid, did offer said property, hereinafter described, for sale at public auction to the highest bidder, at which sale said second party became the purchaser of the whole thereof for the sum of Dollars ($_____________)

NOW, THEREFORE, the said first party in consideration of the premises and in pursuance of the Charter and ordinances in such case made and provided, does hereby convey to the said second party, his heirs and assigns, all of its interest in and to that certain real property situated in said City of Bakersfield, County of Kern, State of California, more particularly described as follows, to-wit: ______________________________________________________________________

IN WITNESS WHEREOF, said first party has hereunto set its hand the day and year first above written.

CITY OF BAKERSFIELD,

By____________________________

Tax Collector of the City of Bakersfield.

B. No other matters need be recited in the said deed than those provided for in the form set forth in subsection A of this section. No charge shall be made by the tax collector for the making of any such deed. Said deed shall be prima facie evidence of all facts related therein and shall operate to convey all of the interest of the city in and to said property.

C. Within five days after such sale as provided in Section 3.28.595, the tax collector shall report to the city assessor and county recorder, giving the name or names of all persons to whom deeds have been issued under the provisions of this section, together with the dates of such deeds, description of the property conveyed and the amount for which the property was sold.

D. The county recorder shall note on the margin of each tax deed involved in the sale and transfer of such property, the name of the purchaser, the date of the deed to the purchaser and the consideration named therein. The city assessor shall use such report in his determination of the ownership of such property for assessment purposes. The tax collector shall cancel all delinquent taxes and public improvement assessments appearing against the property sold on each and every delinquent roll at the time of payment to him of the full purchase price.

E. Whenever, in any action at law or in equity, it has been or shall be determined by a court that the sale and conveyance provided in this section and Section 3.28.595 or in Section 3.28.365 are void for any reason and that the purchaser from the city may not be finally awarded the property so purchased, no decree of the court shall be given declaring a forfeiture of the property until the former owner, or other party in interest, has repaid to the purchaser the full amount paid out and expended by him, to be determined by the court, in pursuit of the city’s title to the property so sold. (Prior code § 6.04.1200)