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HomeMy WebLinkAboutOrdinance #1993 EMERGENCY ORDINANCE NO. '1993 A14 EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 3 . 20 THERETO RELATING TO THE IMPOSI- TION OF A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY The City Council of the City of Huntington Beach finds it necessary that this ordinance be adopted as an emergency measure to protect the public health, safety and welfare. Therefore, the City Council of the City of Huntington Beach does ordain as follows : SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding Chapter 3 . 20 to read as follows : CHAPTER 3. 20 DOCUMENTARY TRANSFER TAX 3. 20. 010 Title. This chapter shall be known as the "Documentary Transfer Tax Chapter" of the city of Huntington 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. 3. 20. 020 Tax imposed. 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 any other person or persons, by his or their direction, when the consideration or value of the interest 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 ($0. 275) for each Five Hundred Dollars ($500 ) or fractional part thereof. 3. 20. 030 Payment of Tax. Any tax imposed pursuant to Section 3. 20. 020 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. WSA:er 4-15 1. 3. 20 . 040 Exceptions . The tax imposed by Section 3. 20. 020 hereof shall not apply to: (a) Any instrument in writing given to secure a debt . (b ) The United States or any agency or instrumentality thereof, or the District of Columbia for any tax imposed pur- suant to this chapter 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. (c ) The making, delivering or filing of conveyance to make effective any plan of reorganization or adjustment : (1) Confirmed under the Federal Bankruptcy Act , as amended; (2 ) 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; (3) 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 (4 ) Whereby a mere change in identity, form or place of organization is effected. Subdivisions (1) to (4) , inclusive, of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyance occurs within five (5 ) years from the date of such confirmation, approval or change. (d) 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-- (1) 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 provi- sions of Section 79k of Title 15 of the United States Code, rela- ting to the Public Utility Holding Company Act of 1935; (2) Such order specifies the property which is ordered to be conveyed; (3) Such conveyance is made in obedience to such order. 3. 20. 050 Exception - Partnership. The following exception shall apply to partnerships : 2. (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if-- (1) Such partnership (or another partnership ) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (2) Such continuing partnership continues to hold the realty concerned. (b ) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, 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 encum- brance remaining thereon) , all realty held by such partnership at the time of such termination. (c ) Not more than one tax shall be imposed pursuant to this chapter 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. 3. 20 . 060 Administration. The county recorder shall admin- ister this chapter 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. 3. 20. 070 Refunds . Claims for refund of taxes imposed pursuant to this chapter 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 2. Upon its adoption the City Clerk shall file two copies of this ordinance with the County Recorder of Orange County. SECTION 3. This is an emergency ordinance necessary for the immediate preservation of the public health, safety and welfare and shall take effect upon adoption. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days of its passage in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of 3. Huntington Beach at a regular adjourned meeting thereof held on the 9 th day of June, 19 75 . Mayor ATTEST: ♦ , , \`�I ���a��i�%�"i(/Vim/ j'' City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM: P. BO A, City Attorney By City Administrator LLIAM S AMSBA Y, Deputy City At ney 4. Emergency Ord. No. 1993 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular adjourned meeting thereof held on the 9th day of June, 1975, and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: Wieder, Bartlett, Coen, Shipley, Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: Matney i ity Clerk and ex-officic Clerk of the City Council of the City of Huntington Beach, California 1, AlI,cts M. wentm"CITY count11, ew 11� Syr tLl� 1 i§ eel ALICIA M. WENTWORTH (�ti. ...... L IIYI � - • �, RECORDING AILTOREQUESTED ' 66 py ! ' p27PG 666 BY AND MAIL TO ^ U11 ! '�t6. r 0 City- of e m Huntington Beach RECORDED IN OFFICIAL Fir.ORDS Office Of the City Clerk EXEMPT OF ORANGE COUNTY, CALIFORNIA P0 Box 190 Huntington Beach, CA. 92648 C 9 g Past 3 P JUN 111975 J.WYLIE_CARLYLE, County Recorder EMERGENCY ORDINANCE NO. 1993 y x. Ali EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTI'NGTON BEACH' AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 3.20 THERETO RELATING TO THE IMPOSI— TION OF A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY The City Council of the City of Huntington Beach finds it necessary that this ordinance be adopted as an emergency measure to protect the public health, safety and welfare. Therefore, the City Council of the City of Huntington Beach does ordain as follows. SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding Chapter 3. 20 to read as follows : CHAPTER 3. 20 • DOCUMENTARY TRANSFER TAX 3. 20. 010 Title. This chapter shall be known as the ?'Documentary Transfer Tax Chapter" of the city of Huntington 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. 3.20. 020 Tax imposed. There is hereby imposed on each deeds 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 any other Aerson or persons, by his or their direction, when the consideration or value of the interest 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 atthe rate of Twenty-seven and one-half cents ($0.275) for each Five Hundred Dollars ($500) or fractional part thereof. 3. 20. 030 Payment of Tax. Any tax imposed pursuant to Section 3. 20. 020 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. WSA:er y-15 l• ~ . BX a 1427PG 667. 1. 20, 010 Exceptions. The tax imposed by Section 1. 20. 020 hereof shall not apply to: (a) Any instrument in writing given to secure a debt . (b ) The United States or any agency or instrumentality thereof, or the District of Columbia for any tax imposed pur- suant to this chapter with respect to any deed, instrument , or writing to which it is -a party, but the tax may be collected by assessmentfrom f m any other party liable therefor. (c ) The making, delivering or filing of conveyance ce to make effective any plan of reorganization or adjustment : (1 ) Confirmed under the Federal Bankruptcy Act , as amended; (2) 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; (3) 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 (4 ) Whereby a mere change in identity, form or place of organization is effected. Subdivisions (1 ) to (4 ) , inclusive , of this section shall only apply if the making, delivery or filing of instruments of transfer or conveyance occurs within five (5) years from the date of such confirmation, approval or change. (d) 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-- (1) 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 provi- sions of Section 79k of Title 15 of the United States Code, rela- ting to the Public Utility Holding Company Act of 1935; (2) Such order specifies the property which is ordered to be conveyed; (3) Such conveyance is made in obedience to such order. 3. 20. 050 Exception - Partnership. The following exception shall apply to partnerships : 2. i BK 11427FG 668 (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter by reason of any transfer of an interest in a partnership or otherwise, if-- (1) Such partnership (or another partnership ) is considered a continuing partnership within the meaning of Section 708 of the Internal Revenue Code of 1954; and (2 ) Such continuing partnership continues to hold the realty concerned, (b ) If there is a termination of any partnership within the meaning of Section 708 of the Internal Revenue Code of 1954, for purposes of this chapter, 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 encum- brance remaining thereon) , all realty held by such partnership at the time of such termination. (c ) Not more than one tax shall be imposed pursuant to this chapter 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. 3. 20. 060 Administration. The county recorder shall admin- ister this chapter 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. 3. 20. 070 Refunds . Claims for refund of `taxes imposed pursuant to this chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096 ) of Part 9 of Division l of the Revenue and Taxation Code of the State of California. SECTION 2. Upon its adoption the City Clerk shall file two copies of this ordinance with the County Recorder of Orange County. SECTION 3. This is an emergency ordinance necessary for the immediate preservation of the public health, safety and welfare and shall take effect upon adoption. The City Clerk shall certify to the passage of this ordinance and shall cause same to be published within fifteen days of its passage in the Huntington Beach News , a newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of 3. i a BK 11427PG 669 Huntington Beach at a regular adjourned meeting thereof held on the 9 th day of June , 19 75 . Mayor ATTEST: City Clerk APPROVED AS TO CONTENT: APPROVED AS TO FORM P. BO A, City Attorney • -�-- By *LLIWAM City Administrator SCC AMSBA Y, Deputy City Att"rrney 4 . ax 1 1427PG 670 Emergency Ord. No. 1993 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Ss. CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, 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 foregoing ordinance was read to the City Council of the City of Huntington Beach at a regular adjourned meeting thereof held on the 9th day of June, 1975, and was passed and adopted by at least four-fifths (4/5) affirmative votes of said City Council. AYES: Councilmen: Wieder. Bartlett, Coen, Shipley, Duke, Gibbs NOES: Councilmen: None ABSENT: Councilmen: MAtney rOf ity Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California The foregoing instrument is a correct copy of the original on file in this office. Attest -- - ................19 7 City Cferk, a T x-04 icia Clerk of the City Council of the City of Huntington Beach, Ca'