HomeMy WebLinkAbout67-38 Documentary Stamp Tax.....k z.-
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ORDINANCE NO,4r -.?Y
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA
MESA IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF
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REAL PROPERTY,
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THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY ORDAIN
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AS FOLLOWS:
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Section 1. This ordinance shall be known as the "Real
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Property Transfer Tax Ordinance of the City of Costa Mesa". It is
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adopted pursuant to the authority contained in Part 6.7 (commencin
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with Section 11901) of Division 2 of the Revenue and Taxation Code
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of the State of California.
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Section 2. There is hereby imposed on each deed, instrument
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or writing by which any lands, tenements, or other realty sold
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within the City of Costa Mesa shall be granted, assigned, trans -
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ferred or otherwise conveyed to, or vested in, the purchaser or
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purchasers, or any other person or persons, by his or their
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direction, when the consideration or value of the interest or
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property conveyed (exclusive of the value of any lien or
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encumbrances remaining thereon at the time of sale) exceeds one
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hundred dollars ($100), a tax at the rate of twenty-seven and
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one-half cents ($0.275) for each five hundred dollars($500) or
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franctional part thereof.
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Section 3. Any tax imposed pursuant to Section 2 hereof
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shall be paid by any person who makes, signs or issues any documen
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or instrument subject to the tax, or for whose use or benefit the
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same is made, signed or issued.
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Section 4. Any tax imposed pursuant to this ordinance shall
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not apply to any instrument in writing given to secure a debt.
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Section 5. The United States or any agency or instrumentalit
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thereof, an state or territory, y, or political subdivision thereof,
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or the District of Columbia shall not be liable for any tax
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imposed pursuant to this ordinance with respect to any deed,
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instrument, or writing to which it is a party, but the tax may be
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collected by assessment from any other party liable therefor.
Section 6. Any tax imposed pursuant to this ordinance shall
not apply to the making, delivering or filing of conveyances to
make effective any plan of reorganization or adjustment --
(a) Confirmed under the Federal Bankruptcy Act, as
amended;
(b) Approved in an equity receivership proceeding in a
court involving a railroad corporation, as defined in subdivision
(m) of Section 205 of Title 11 of the United States Code, as
amended;
(c) Approved in an equity receivership proceeding in a
court involving a corporation, as defined in subdivision (3) of
Section 506 of Title 11 of the United States Code, as amended; or
(d) Whereby a mere change in identity, form or place of
organization is effected.
Subdivisions (a) to (d), inclusive, of this section shall
only apply if the making, delivery or filing of instruments of
transfer or conveyances occurs within five years from the date of
such confirmation, approval or change.
Section 7. Any tax imposed pursuant to this ordinance shall
not apply to the making or delivery of conveyances to make
effective any order of the Securities and Exchange Commission, as
defined in subdivision (a) of Section 1083 of the Internal
Revenue Code of 1954; but only if --
(a) The order of the Securities and Exchange Commission in
obedience to which such conveyance is made recites that such
conveyance is necessary or appropriate to effectuate the
provisions of Section 79k of Title 15 of the United States Code,
relating to the Public Utility Holding Company Act of 1935;
(b) Such order specifies the property which is ordered to
be conveyed;
(c) Such conveyance is made in obedience to such order.
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I Section B. (a) In the case of any realty held by a
2 partnership, no levy shall be imposed pursuant to this ordinance
3 by reason of any transfer of an interest in a partnership or
4 otherwise, if --
5 (1) Such partnership (or another partnership) is considered
6 a continuing partnership within the meaning of Section 708 of the
7 Internal Revenue Code of 1954; and
8 (2) Such continuing partnership continues to hold the
9 realty concerned.
10 (b) If there is a termination of any partnership within the
11 meaning of Section 708 of the Internal Revenue Code of 1954, for
12 purposes of this ordinance, such partnership shall be treated as
13 having executed an instrument whereby there was conveyed, for
14 fair market value (exclusive of .the value of any lien or en -
15 cumbrance remaining thereon), all realty held by such partnership
16 at the time of such termination.
17 (c) Not more than one tax shall be imposed pursuant to this
18 ordinance by reason of a termination described in subdivision (b)
19 and any transfer pursuant thereto, with respect to the realty hel-
20 by such partnership at the time of such termination.
21 Section 9. The County Recorder shall administer this
22 ordinance in conformity with the provisions of Part 6.7 of
23 Division 2 of the Revenue and Taxation Code and the provisions of
24 any county ordinance adopted pursuant thereto.
25 Section 10. Claims for refund of taxes imposed pursuant to
26 this ordinance shall be governed by the provisions of Chapter 5
27 (commencing with Section 5096 1 of Part 9 of Division 1 of the
28 Revenue and Taxation Code of the State of California.
29 Oection 11. This ordinance shall become operative upon the
30 operative date of any ordinance adopted by the County of Orange,
31 pursuant to Part 6.7 (commencing with Section 11901) of Division
32 2 of the Revenue and Taxation Code of the State of California, or
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upon the effective date of this ordinance, whichever is the later.
Section 12. Upon its adoption the City Clerk shall file two copies of this
ordinance with the County Recorder of Orange County.
Section 13. This ordinance, inasmuch as it provides for a tax levy for
the usual and current expenses of the city, shall take effect immediately,
punsuant to Section 36973 (d) of the Government Code.
Section 14. This ordinance shall take effect immediately upon its adoption and
shall within fifteen (15) days after its passage be published once in the ORANGE
COAST DAILY PILOT, a newspaper of general circulation, printed and published
in the City of Costa Mesa, together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this 18th day of December, 1967.
ATTEST: G
City ClEfrk of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
I, C. K. PRIEST, City Clerk of the City of Costa Mesa, California and
ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that
the above and foregoing Ordinance No. 67-38 was introduced and considered section
by section at a regular meeting of said Council of the 4th day of December, 1967,
and thereafter passed and adopted as a whole at a regular meeting of said City
Council held on the 18th day of December,,,//1967, by the following roll call vote:
AYES: COUNCILMEN �-4-4 �U� _ (T..,(Z..
NOES: COUNCILMEN I AA, i
ABSENT: COUNCILMEN A41
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa, California, this 19th day of December, 1967.
City of the
City Council of the City of Costa Mesa
Mayor
of
the
CiK-�
Costa
Mesa
I, C. K. PRIEST, City Clerk of the City of Costa Mesa, California and
ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that
the above and foregoing Ordinance No. 67-38 was introduced and considered section
by section at a regular meeting of said Council of the 4th day of December, 1967,
and thereafter passed and adopted as a whole at a regular meeting of said City
Council held on the 18th day of December,,,//1967, by the following roll call vote:
AYES: COUNCILMEN �-4-4 �U� _ (T..,(Z..
NOES: COUNCILMEN I AA, i
ABSENT: COUNCILMEN A41
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa, California, this 19th day of December, 1967.
City of the
City Council of the City of Costa Mesa
STATE Of CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY Of COSTA MESA )
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen years, and
not a party to or interested in the below entitled matter. I
am the Legal Advertising Manager
of the ORANGE COAST DAILY PILOT, a newspaper of gen.
eral circulation, printed and published in the City of Costa
Mesa, County of Orange, State of California, and I certify
that City Ordinance Number 67-4838
of which the copy attached hereto is a true and complete
copy, was printed and published in the regular issue(s) of
said newspaper on December 21,1967
I declare, under penalty of perjury, .that the foregoing
is true and correct.
Executed on
December 21
1967,
at Costa Mesa, California.
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($' n Nrn)
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS.
CITY OF COSTA MESA )
1, C. K. PRIEST, City Clerk of the City of Costa Mesa and ex -officio Clerk of the City Council of the
City of Costa Mesa, hereby certify that Ordinance No. 67-38 was introduced and considered,
section by section, at a regular meeting of the City Council of the City of Costa Mesa, held on the 4th
day of December , 1962, and thereafter passed and adopted as a whole at a regular
meeting of said City Council held on the 18th—day of December , 1961, by the
following roll -call vote
AYES: COUNCILMEN - BARCK WILSON TUCKER, PINKLEY, JORDAN
NOES: COUNCILMEN - nvac
ABSENT: COUNCILMEN - NONE
I FURTHER CERTIFY that said Ordinance No. 67'3n was published in the ORANGE COAST
DAILY PILOT, a newspaper of general circulation, printed and published in the City of Costa Mesa, on the
21st day of December ,1962.
City Clerk and ex -officio Clerk of the City Council
of the City of Costa Mesa
A ;6�b
LEGAL'NOTICE LEGAL NOTICE I
ORDINANCE NO O9 .Illi r i paNnef h olnerwis<,I
4NORDINANCE OF TXE CI Y <OUNII
OIL OF THE CITY OF COSTA MESA tI) Sucn pdflnPfsM1IP ler analner
IMPOSING A DOCUMENTARY STAMP Farm elle) is ormarld i
TA%".bN THE SALE OF REAL of paflnenMmeaning within the m Bnol
PROPERTY.
THE CITY COUNCIL OF THE CITY Sttllon ]pa IN Free internal Avarua
OF COSTA MESA DOES HEREBY OR Code IN Hall and
DAIN AS FOLLOWj: RI Such conOnVlnn Partnership cp
,actual '. mie ofamanee mall be hours to note me reany <oncernm. n
known tot'' -"Real Property Transfer lbl It. there Is a firminapon el any
Tax O�Qlmm. f m< Cir a Costa Pirtnerenip Anent ma meamrg f $ee
Mesa^; -JI aaomm pmsmpl to He itm IG 0 ine Internal Revenue C". of
amnoriM-[ontamea m 'Pae, a> Icam Has, for Pur Wiea or tots PrGrace..
ien<Ingwm Stolon n+vu+or Divisum apcn parmKSMP snail be located a
.t me Revenue +na Taxanm Cote or binned a autM an minpmmr Wnefmy
the Sbte of California, Ihve an, conveyed: for fab market
Not resse than ... lad only
r=n� irm""d For
the
dra m f t termination ags
or m 'peA{n:9. R o nl r be 1 1 lb) and any rransle
r Ire tl 10511m„ In la - a 1 m I At resnKl to In
< 1 RI. f p ce ly
bel
b such bernwarin It the
Cie Ce§<,v 'e 1
such tornalfiallOn.
lien o n olnbr p/f maimed marine
Section F. The County Record
at merliiim Fes.. acct me npna.ea aemNleter Mb Oreleaa In e w
a„nn.. l:.a da: at Ibeirae or Iwen. w .... — o Got, on
Oxi
pan molder.
semen S r. tax .imposed puri.
In v'Chen 3 n I. soon be Pala by
Person woo makes. 5 or
tocumenl o ment�subtent 1n
r for annual ui oo[E-beppon
ram o' de, 5 mi" ad
Section I. All lex int m� p,
Inti ortllnande snail ool m,R
Ilrumem in wrung given„Ip
dem.
Sodom S. Th. United jlah9 0I
m...Y Or Instrumentality mered,
state or-MyUP,l, . political seri
rose meteor,. or me Cisvn. lel Cut.
'l
not be liable M any lax Intl
uani totes Ordinance wish r
a .m-aeea, `mibpmem, a AUI
rvMN R b a' PHIY, nul Inerbx ma
<oI1M�-BY mseument Pont a
early. '1101.1 Merthyr.
yannaaPon or uld, Post
—
<n) eoyn Act, huname theed Fear
Bankruptcy le"d a menell
ml Approved' 19 an
opacity o
. r ire'A c:lg nvrt vole
1remota [.)positol[az a.n11
1Mlvimth tint tOf ed St to Xa, er T
a d me umiea solei Code,
menden:
a P AppfrnM In a urtI1Y 'beat
PIP ratlgyproceedingas m n e t invobml
.1eNan; as defined in 311 of.
UIHdd Sttluon Sod IN n a n ei
Vd;,Whiree Cote, a Menem;
tai one or l mere charge m int
im term tier pMue01 argemufion
ed
SutldiP
S "'i”' iaL io has In<IUslve,
on SKllon [ell inter apply B
makinpo aeansfer .r conveyance
Ins
In ` i transfer or [.nvevan[ea
c -
only m) Te ores of me xmruiei
E:ma.be Commielon in obemml
amen such mnvao^ney IS mea
Cees that such conveyance is
cary appropriate vest enecluSN
pmvlibne of Sao". Mk of Title
me United Steles CMp relalln
Me Pubim Utilityhold ry Con
Act .I 1935:
III Sucry der Specifies le pro
worm Is nhrm to be w ey a:
ml Sky
< e a made In
Sense to sumo Ar
Soden a. lar In In. < or,
aalry hest by a partnership, n
mall be imposed rynmnl to this
lance by reason W any it ... Per
Saamn I. claims he
nppssd pursuant to lo
9commen[lnd merved by 'onday
era+ of DlrlaOm 1 of
rx lint CMP t the
,eellop 11. Thus on
me perrhys core I
any KOlnance adopt
Ofanse, f Uant I
111— wlmu Setllm
-ibe let,.
Slesn IS. Upon 115Sheldon of City
Iask sell lull Iwo moles .f Fore IN's
Ince Alio the Cosch, NAC .... al Or
Cie Coag".
Soman 11. Thla OrelnenR,�maimum
ii pro sMee NO a. sex WY for Me
,ual and c nem expenses N Sne ck.
tall take shicl Itmeei<kIY. pursvelil
faction 31113 W. aY'de Govel
Pmt COM.
SSED AND ADOPTED this lam day
entree/. Half.
Pearl
T. JORDAN
Mayerof. 'be CUP. ai. Cecil More
EST:
. PRIEST
Clerk OF the Clry If Costa Mtla
IE OF CALIFORNIA 1
NTT OF ORANGE )se
OF COSTA MESA 1
C. K. PRIESL City
Clerk 1 mei
of Costa Mesa, CO lllorn la aM e
to Clark M roe CIry Council M the,
section at re m
Cir ellrg a
atoa ll M the amu day of December,
r,1,Ona thereafter Passed and adopted
Whole a m
regular eeing of
its City COundl held on the His day N
incamber, I+61, by Ie folbuma roll
all:
AYES:
P lCOUNCnk ILMEN
Rank, W111.11,
NOES: COUNCILMEN Note
ABSENT: COUNCILMEN an.
IN WITNESS WHEREOF, I M1eye bare
'to ..1 "Ineed and aNaM meaSell
fee City he Exam Mesa, C.11fOrn1e,I
IIs I+m day of DMember, l+m.
C. R. PRIEST
City Clark and eamficia Clark d
m. at crunch id Me City Of
Cycle Moa
Published Oreye Coast DO), Pllob
Itt.moer ]I.. Ida) 1.1.0