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ORDINANCE NO. 214 IMS
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), s tax at the tate 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.
6153. 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 of
territory, or political subdivision
-316
Ordinance No. 214
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 who is liable there-
for 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 receiver-
ship 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 receiver-
ship 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
affected.
Subdivisions (a) to (d), inclusive, of this
subsection shall only apply if the making, delivery
or filing of instruments of transfer or conveyances
occurs within five years from the date of such con-
firmation, approval or change; or
(4) 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; and
Ordinance No. 214
(b) Such order specifies the property
which is ordered to be conveyed;
and
(c) Such conveyance is made in obedience
to such order; or
(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 maning 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 there-
on), all realty held by such partner-
ship 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 subsection, and any trans-
fer pursuant thereto, with respect
to the realty held by such partner-
ship at the time of such termination.
6154. Administration, The County Recorder
shall administer the provisions of this Chapter in
conformity with the provisions of Part 6.7 of Divi-
sion 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 Angeles, 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.
31.7
"3118 Ordinance No. 214
SECTION 3. Upon its adoption, the City Clerk shall
file two copies of this ordinance with the County Recorder
of Los Angeles County.
SECTION 4. 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 2nd day of January, 1968.
.tJeP / /ZN R-f�Of'(fie
Miran ,Mayor T
ATTEST:
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.
214 was regularly introduced, adopted and passed at a regular
meeting of the City Council on the 2nd day of January, 1968,
by the following vote:
AYES: COUNCILMEN:
NOES: COUNCILMEN:
ABSENT: COUNCILMEN:
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF IRWINDALE )
I, Margaret S
and says:
Diaz, Breceda,
M. Miranda.
None.
Barbosa.
ss.
P. Miranda and
�z�22
Marg et S. Barbosa, City Clerk --
ss .
lerk
Barbosa, being first duly sworn, deposes
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 January 9, 1968, she securely and conspicuously
posted at each of the three designated public places in said
City.
Dated: January 9, 1968
Marg et S. Barbosa, City Clerk