ordinance2005-02-transfer

BE IT ORDAINED by the Commissioners of the Town of Bellefonte, Delaware, a
majority thereof concurring after careful review, and three public readings, that the
following Ordinance is adopted:

Section 1 - Imposition of Tax
There is hereby imposed upon the transfer of all real property located within the Town
limits of the Town of Bellefonte, Delaware (as they now or hereafter exist) a tax of
1.5% of the value of the property conveyed in conformance with the definitions and
exceptions governing the Delaware State Realty Transfer Tax as contained within
Chapter 54 of Title 30 of the Delaware Code and authorized within Chapter 16 of
Title 22 of the Delaware Code.

Section 2 - Effective date; Exceptions
This Ordinance shall be effective October 1, 2005. Notwithstanding the effective date
of this Ordinance, the transfer of any real property within the Town of Bellefonte,
Delaware pursuant to a valid written contract entered into prior to the effective date of
this Ordinance shall be exempt from the provisions hereof.

Section 3 - Duty to Pay Tax
It shall be the ultimate responsibility of the grantee in any transaction subject to this
Ordinance to see that the appropriate amount of tax is collected and paid no later than
the presentation of the document involved in such transaction for recording at the
appropriate Recorder of Deeds office. Upon receipt of the appropriate amount, the
Town Commission or its duly authorized agent shall, upon the document relating to
such transaction, confirm that the Bellefonte Realty Transfer Tax imposed by this
Ordinance has been paid.

The Town may appoint the New Castle County Recorder of Deeds or any
attorney-at-law or other person as its authorized agent to collect the Realty Transfer
Tax imposed by this Ordinance and to confirm such payment on the face of the
document presented for recording.

Section 4 - Failure to pay Realty Transfer Tax, Interest, Penalties, Liens
Where any real property within the Town of Bellefonte is transferred without payment
of the appropriate Real Estate Transfer Tax in violation of this Ordinance:
(a) An additional sum of 1% of the total amount due and owing for each month that
has transpired without payment, shall be payable to the Town of Bellefonte.
(b) A lien on said real property in favor of the Town of Bellefonte shall arise and be
subject to all remedies, including but not limited to attachment to proceeds of sale as
authorized in Chapter 29 of Title 25 of the Delaware Code.
(c) Whoever violates this Ordinance shall be Fined not more than $500 and
imprisoned for not more than one year, or both.
(d) The Superior Court shall have jurisdiction over offenses under this section.

FIRST READING:   ___7-11-05_________ SECOND READING:
____7-11-05________

THIRD READING: ____9-12-05_________ PASSED :
______9-12-05________________

ATTEST: __S.L. MacKenzie_________       _David
Wishowsky______________________              Secretary, Bellefonte Town Commission
President, Bellefonte Town Commission