HomeMy WebLinkAboutOrdinance #1369 ORDINANCE NO. 1369
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING ARTICLE 175
AND SECTIONS THEREOF RELATING TO THE IMPOSITION
OF A DOCUMENTARY STAMP TAX ON THE SALE OF
REAL PROPERTY.
The City Council of the City of Huntington Beach does
ordain as follows :
Section 1. That Article 175 is hereby added to the Hunt-
ington Beach ordinance Code to read in words and figures, as fol-
lows:
ARTICLE 175
REP-L-?SRO PERTY TRANSFER TAX
Section 2* That the following sections are hereby added
to Article 175 of the Huntington Beach Ordinance Code to read In
words and figures, as follows :
Section 1750. This ordinance shall be known as the "Real Proper-
ty Transfer Tax Ordinance0of the City of Hunting-
ton Beach. It is adopted pursuant to the authority contained in
Part 6,7 (commencing with Section 11901) of Division 2 of the
Revenue and Taxation Code of the State of California.
Section 1751. There is hereby Imposed on each deed, Instrument
or writing by which any lands, tenements, or other
realty sold within the City of Huntington Beach shall be granted,
assigned, transferred or otherwise conveyed to, or vested in, the
purchaser or purchasers, or- an'_ other person or persons, by his
or their direction, when the consideration or value of the Inter-
est or property conveyed (exclusive of the value of any lien or
encumbrances remaining thereon at the time of sale) exceeds one
hundred dollars ($100) , 'a tax at the rate of twenty-seven and
one-half' cents (40.275 for each five hundred dollars ($500) or
fractional part thereof.'
Section 1751-1. Any tax imposed pursuant to Section 2 hereof shall
be paid by any person who makes, signs or issues
any document or instrument subject to the tax, or for whose use or
benefit the same Is made, signed or issued,
Ord. No. 1369
Seotion-1752. Any tax imposed pursuant to this ordinance
shall not apply to any instrument in writing
given to secure a debt.
Section 1752. The United States or any agency or instrument-
ality thereof, any state or territory,, or
political subdivision thereof, or the District of Columbia
shall not be liable for any tax imposed pursuant to this ordi-
nance with respect to any deed, instrument, or writing to which
it is a party, but the tax may be collected by assessment from
any other party liable therefor.
Section.-lZ54. Any tax Imposed pursuant to this ordinance
shall not apply to the making, delivering or
filing of conveyances to make effective any plan of reorganiza-
tion 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 or-
ganization is effected. I
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 1755. 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 provis-
ions of Section 79k of Title 15 of the United States code, relat-
ing to the Public Utility Holding Company Act Of 1935;
(b) Such order specifies the property -which is ordered to
be conveyed,,
2.
Ord.No. 1369
(c) Such conveyance is made in obedience to such order.
Section 1756 - partnerships.
Section 1756.1 In the case of any realty held by a partner-
ship, no levy shall be imposed pursuant to
this ordinance by reason of any transfer of an interest in a
partnership or otherwise, if--
(a) Such partnership (or another partnership) is consid-
ered a continuing partnership within the meaning of Section 708
of the Internal Revenue Code of 1954 ; and
(b) Such continuing partnership continues to hold the
realty concerned.
Section 1756.2 If there is a termination of any partnership
within the meaning of Section 708 of the Inter-
nal Revenue Code of 1954, for purposes of this ordinance, such
partnership shall be treated as having executed an instrument
whereby there was conveyed, for fair market value (exclusive of
the value of any lien or encumbrance remaining thereon) , all
realty held by such partnership at the time of such termination.
Section 1756.3 Not more than one tax shall be imposed pursuant
to this ordinance by reason of a termination
described in Subdivision (b) , and any transfer pursuant thereto,
with respect to the realty held by such partnership at' the time
of such termination.
Section 1757. The County Recorder shall administer this or-
dinance in conformity with the provisions of
Part 6.7 of Division 2 of the Revenue and Taxation Code and the
provisions of any county ordinance adopted pursuant thereto.
Section 1758. Claims for refund of taxes imposed pursuant
to this ordinance shall be governed by the
provisions of Chapter 5 (commencing with Section 5096) of Part
9 of Division 1 of the Revenue and Taxation Code of the State
of California.
Section 1759. This ordinance shall become operative upon
ne operative date of any ordinance adopted by the County of
Orange, pursuant to Part 6.7 (commencing with Section 11901)
Of Divisions
3.
Ord. No. 1369
Section 3. Upon its adoption the City Clerk shall
file two copies of this ordinance with the County Recorder
of Orange County.
Section 4. The City Clerk shall certify to the pass-
age and adoption of this ordinance and shall cause the same
to be published by one insertion in the Huntington Beach News,
a weekly newspaper printed, published and circulated in the
City of Huntington Beach, California, and thirty days after
the adoption thereof, the same shall take effect and be in
force.
PASSED AND ADOPTED by the City Council of the City of
adjourned
Huntington Beach, California, at a regular/ meeting held on
the 2 th day of November , 1967.
/ ,r ' s
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ATTEST;
C l y ri
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AP PxR c T FOE
DALE U u
City Attorney
4.
Ord® No®
1369
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss :
CITY OF HUNTINGTON BEACH )
I , PAUL C. JONES, the duly elected , qualified, and
acting City Clerk of the City of Huntington Beach and ex-
officio Clerk of the City ,Council of the said City, do hereby
certify that the whole number of members of the City Council
of the City of Huntington Beach is seven; that the foregoing
ordinance was read to said City Council at a regular
meeting thereof held on the 20th day of November ,
19 67 , and was again read to said City Council at a regular
adjourned meeting. thereof held on the 27th day of November ,
1967 , and was passed and adopted by the affirmative vote of
more than a majority of all the members of said City Council®
AYES Councilmen:
Coen, Bartlett, Gisler, Kaufman, Green, Stewart
NOES: Councilmen:
None
ABSENT: Councilmen:
Shipley
City Clerk a ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I, PAUL C. 1oNES, CITY CLERK of the City of
Nuntmgton Beach and' ex-officio Clerk of the CRY
Council, do hereby certify that this ordinance has
been published in-the Huntington Beach News on
In accordance with tho City Charter of said City
...... .............. ........ City Clerk
Citv Clerk
Deputy