Terms defined. The following words or phrases, when used in this
article, shall have the meanings ascribed to them in this subsection,
except where the context clearly indicates a different meaning:
ASSOCIATION
Any partnership, limited partnership or other form of unincorporated
enterprise owned, operated or conducted by two or more persons.
BOROUGH
The Borough of Colwyn, Delaware County, Pennsylvania.
COUNCIL
The Council of the Borough of Colwyn, Delaware County, Pennsylvania.
DEED
Any instrument or writing, except a mortgage, testamentary
writing or lease, whereby any real property or any interest therein
is granted, sold, transferred, conveyed, assigned, vested, delivered
or accepted.
PERSON
Every natural person, copartnership, association or corporation.
Whenever used in any clause prescribing or imposing a penalty, the
term "person" as applied to copartnerships or associations shall mean
the partners or members thereof, and as applied to corporations shall
mean the officers and directors thereof.
SECRETARY
The Secretary of the Borough of Colwyn, Delaware County,
Pennsylvania.
TAKING POSSESSION
The transaction or the act, or the exercise of the privilege,
of taking actual possession by the transferee of the real property
involved in the transfer. Taking actual possession, within the meaning
of this definition, shall include, but shall not be limited to, entry
upon said real property by the transferee, his agent, tenant, licensee
or by other person for the transferee, or the attornment to the transferee
by a tenant in possession, or the exercise by the transferee of any
of the incidents of ownership, of the transferee's compliance
with or assumption of any of the responsibilities of ownership, including,
but not limited to, the act of paying real estate taxes, each and
all of which shall be deemed to occur at the site of said real property,
regardless of where the deed making the transfer is made, executed,
delivered, accepted or recorded, or where actual settlement on such
transfer takes place.
TAX
The tax levied, assessed and imposed by this article.
TAX COLLECTOR
The Tax Collector of the Borough of Colwyn, Delaware County,
Pennsylvania.
TRANSFER
The transfer for value by deed of real property, or of any
interest in real property, situate wholly or in part within the boundaries
of the Borough, regardless of where the instruments making the transfer
are made, executed, delivered, accepted or recorded, or where the
actual settlement on such transfer takes place. Transfers by lease,
will or by the intestate laws of the Commonwealth of Pennsylvania
are expressly excluded from this definition.
TRANSFEREE
The person who is the grantee in the deed.
TRANSFEROR
The person who is the grantor in the deed.
VALUE
The gross sale price of the real property, or any interest
therein, involved in the transfer, which shall be the sum of the actual
cash paid, the market value of any property exchanged, the amount
of obligations reduced, canceled or satisfied, the amount of purchase
money or other obligations made or given, if any, and the amount due
on all liens, mortgages and other encumbrances under and subject to
which the transfer is made.