Ord 03ORDINANCE NO. 3
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
IMPOSING A REAL PROPERTY TRANSFER TAX
ON THE SALE OF REAL PROPERTY IN THE CITY OF POWAY~ CALIFORNIA
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA, DOES ORDAIN AS FOLLOWS:
UNIFORM REAL PROPERTY TRANSFER TAX
Section 1. Title. This Ordinance shall be known as the "Uniform Real
Property Transfer Tax Ordinance of the City of Poway." 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 2. Imposition of Tax. There is hereby imposed on each deed,
instrument or writing by which any lands, tenements, or other realty sold
within the City of Poway 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.
Section 3. Payment. Any tax imposed pursuant to Section 6201 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.
Section 4. Exemption--Security Any tax imposed pursuant to this
Chapter shall not apply to any instrument in writing given to secure a
debt.
Section 5. Exemption--Governmental A~encies. The United States or any
agency or instrumentality 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 Chapter with respect to any deed,
instrument, or writing to which it is a party, and when it is acquiring
title, but the tax may be collected by assessment from any other party
liable therefor.
Section 6. Exemption--Miscellaneous Proceedings. Any tax imposed
pursuant to this Chapter 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:
ORDINANCE NO. 3
(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 identify, form or place of organiza-
tion is effected.
Subdivisions (a) to (d), inclusive, of this Section shall only
apply if the making, delivery or filing of instruments of transfer or
conveyance occurs within five years from the date of such confirmation,
approval or change.
Section 7. Exemption--Securities and Exchange Commission. Any tax
imposed pursuant to this Chapter 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.
Section 8. Partnerships.
(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
(i) Such partnerhip (or another partnership) is considered a
continuing partnership within the meaning of Section 708 of the Internal
Revenue Code of 1954; and
concerned.
(2) Such continuing partnership continues to hold the realty
(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 encumbrance remaining thereon), all realty held
by such partnerhsip at the time of such termination.
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ORDINANCE NO. 3
(e) 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 partner-
ship at the time of such termination.
Section 9. ~Administration~b¥ County'Recorder~ The County Recorder
shall administer 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.
Section 10. Claims'f°rRefUnd. 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.
Sectionll. This ordinance shall become operative upon the operative
date of any ordinance adopted by the County of San Diego, pursuant to Part
6.7 (commencing with Section 11901) of Division 2 of the Revenue and Tax-
ation Code of the State of California, or 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 San Diego County.
Section 13. This ordinance, inasmuch as it relates to taxes for the
usual and current expenses of the city, shall take effect immediately upon
its adoption. This is an ordinance which relates to taxes for the usual
and current expenses of the City of Poway. The city has just been incorpo-
rated and has no funds whatsoever to provide for police powers of the city.
This ordinance is therefore an urgency ordinance for the immediate preser-
vation of the public peace, health, and safety. The City Clerk shall cause
copies of this ordinance to be posted in three (3) public places within the
city limits of the City of Poway.
PASSED, APPROVED, and ADOPTED by the City Council of the City of
Poway at a regular meeting thereof held this 1st day of December, 1980, by
the following called vote:
AYES:
NOES:
ABSENT:
COUNCILMEN: Emery, Oravec, Shepardson, Tarzy, Rexrode
COUNCILMEN: NONE
MAYOR
ATTEST:
CITY CLERK
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