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ORDINANCE NO. 210
- AN ORDINANCE OF THE CITY OF IRWINDALE
IMPOSING A REAL PROPERTY TRANSFER TAX.
THE CITY COUNCIL OF THE CITY OF IRWINDALE DOES ORDAIN
AS FOLLOWS:
SECTION 1. That Chapter 1.1, entitled "Real Property
Transfer Tax", is hereby added to Article VI of the Irwindale
Municipal Code, consisting of Sections 6150 through 6155, which
shall read as follows:
"CHAPTER 1.1. REAL PROPERTY TRANSFER TAX.
6150. Title. This Chapter shall be known
as the 'Real Property Transfer Tax Law of the City
of Irwindale.'
6151. Authority. This Chapter 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, to which reference is hereby made.
6152. Imposition. -:of Tax. There is hereby
imposed, on each deed, instrument or other writing,
by which any lands, tenements, or other realty sold
within the City of Irwindale, 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 amount of any
lien or encumbrance 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),
and each fractional part, of the value or consideration
given for such transfer.
The tax imposed pursuant to this Chapter
shall be paid by any person who makes, signs or
issues any such document subject to the tax, or
for whose use or benefit the same is made, signed
or issued.
6158. Exemptions. Taxes imposed pursuant to
this Chapter shall not apply:
(1) to any instrument in writing given to
secure a debt; or
(2) to the United States or any agency or
instrumentality thereof, any state or
territory, or political subdivision
thereof, or the District of Columbia
with respect to any deed, instrument,
or writing to which it is a party, but
the tax shall be collected by assessment,
from any other party to such transaction
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Ordinance No. 210
who is liable therefor pursuant to the
provisions hereof; or
(3) 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
p-roceeding in a court involving a
corporation, as defined in subdivi-
sion (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
affected.
Subdivisions (a) to (d), inclusive, of this
subsection shall only apply if the making, delivery
or filing of insturments of transfer or conveyances
occurs within five years from the date of such con-
firmation, approval or change; or
(4) to the making ,qr ,;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; and
(b) Such order specifies the property
which.is.ordered to be conveyed; and
(c) Such conveyance is made in obedience
to such order; or
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Ordinance No. 210
(5) (a) 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; or
(b) If there is a termination of any
partnership, within the meaning of
Section 708 of the Internal Revenue
Code of 1954, for the 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 encumbrance
remaining thereon), all realty held
by such partnership at the time of
such termination. Provided, that
not more than one tax shall be imposed
pursuant hereto by reason of a
termination described in this sub-
section, and any transfer pursuant
thereto, with respect to the realty
held by such partnership at the time
of such termination.
6154: Administration. The County Recorder
shall administer the provisions of this Chapter in con-
formity with the provisions of Part 6.7 of Division 2
of the Revenue and Taxation Code and the provisions of
any Los Angeles County ordinance adopted pursuant thereto.
6155. 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. This ordinance shall become operative upon
the effective date of an ordinance adopted by the County of Los
Ang&les, pursuant to Part 6.7 (commencing with Section 11901) of
Division 2 of the Revenue and Taxation Code of the State of California,
or upon the effective date of this ordinance, whichever is the later
date.
SECTION'3. Upon its adbption, the City Clerk shall file
two copies of this ordinance with the County Recorder of Eos Angeles
County.
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Ordinance No. 210
SECTION 4. That this ordinance, inasmuch as it provides
for a tax levy for the usual and current expenses of the City,
within the meaning of Section 36937 of the Government Code, shall
take effect immediately.
SECTION 5. That the City Clerk shall certify to the
adoption of this Ordinance and shall cause the same to be posted
in the manner prescribed by law.
PASSED AND APPROVED this 19th Day of December, 1967.
Mike Miranda, Mayor
ATTEST:
Marga t S. Barbosa, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I, Margaret S. Barbosa, City Clerk of the City of Irwindale
do hereby certify that the foregoing Ordinance No. 210 was regularly
introduced, adopted and passed at a regular meeting of the City
Council on the 19th day of December, 1967, by the following vote:
AYES: COUNCILMEN: Breceda, P. Miranda, Barbosa,
and M. Miranda.
NOES: COUNCILMEN: None.
ABSENT: COUNCILMEN: Diaz.
MargaAt S. Barbosa, City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF IRWINDALE )
I, Margaret S. Barbosa, being first duly sworn, deposes and
says:
That she is the duly appointed and City Clerk of the
City of Irwindale, California, and is and was at all times herein
mentioned a citizen of the United States over the age of
eighteen years and competent to be witness herein.
On December 20, 1967, she securely and conspicuously posted
at each of the three designated public places in said City.
Dated: December 20, 1967
Marg et S. Barbosa, City Clerk