ORD 006 ORDINANCE NO. 6
AN ORDINANCE OF THE CITY OF RANCHO PALOS VERDES IMPOSING
A REAL PROPERTY TRANSFER TAX ON THE SALE OF REAL PROPERTY,
AND AMENDING THE RANCHO PALOS VERDES MUNICIPAL CODE AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Article VI of the Rancho Palos Verdes Municipal Code is hereby
amended by adding thereto Chapter 2 to read as follows:
CHAPTER 2 - UNIFORM REAL PROPERTY TRANSFER TAX
6200. Title.
This Chapter shall be known as the "Uniform Real property Transfer Tax
Ordinance of the City of Rancho Palos Verdes." 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.
6201. 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 Rancho Palos Verdes
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 ($100.00) , a tax at the rate of twenty-
seven and one-half cents ($0.275) for each five hundred dollars ($500.00) or
fractional part thereof.
6202. 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.
6203. Exemption - Security.
Any tax imposed pursuant to this Chapter shall not apply to any instrument
in writing given to secure a debt.
6204. Exemption - Governmental Agencies.
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.
6205. 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 or 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 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 or organi-
zation is effected.
Subdivisions (a) to (d) , inclusive, or 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.
6206. 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 obedi-
ence 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.
6207. 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
(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.
6208. Administration by 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.
6209. Claims for Refund.
Claims for refund of taxes imposed pursuant to this Chapter shall be
governed by the provisions of Chapter 5 (commencing with Section 5096) of
Page 2 Ord 6
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 operative date
of any 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, which-
ever is the later.
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. 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 Rancho Palos Verdes. The city has just been incorporated and has
no funds whatsoever to provide for police powers of the city. This ordinance is
therefore an urgency ordinance for the immediate preservation 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 Rancho
Palos Verdes.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rancho
Palos Verdes at a regular meeting thereof held this 19th day of September, 1973,
by the following called vote:
AYES: Councilmen Buerk, Dyda, Ruth, M. Ryan and R. Ryan
NOES: None
ABSENT: None
ig"'"icrt'
<� YOR
/S/ MARILYN CORTINA
CITY CLERK
I HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance
No. 6 passed and adopted by the City Council of the City of Rancho Palos Verdes at
a meeting thereof held on the 19th day of September, 1973, and that said ordinance
was posted pursuant to law.
4:14 N.
CITY CLERK
Page 3 Ord 6
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss. AFFIDAVIT OF POSTING
CITY OF RANCHO PAL OS VERDES )
The undersigned, being first duly sworn, deposes and says:
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That at all time herein mentioned, he/she was and now is the duly
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and acting Deputy City Clerk of the City of Rancho Palos Verdes, California:
That on the 2 I day of y o 1914, he/she
caused to be posted in three conspicuous places, as req i red by law,
0e.,:), o. k I a copy of which is attached hereto in the following
public places in this City:
1 • City Halt
31244 Palos Verdes Drive West,
Palos Verdes Peninsula, Calif. 90274
(Suite 205)
2. Los Angeles County Fire Department, Miraleste Station
4000 Miraleste Plaza
Miraleste, California
3. Ridgecrest I ntermedicate School
28915 N o rth bay Road
Palos Verdes Peninsula, Cat ifornia
I certify under penalty of perjury that the foregoing is a true and correct
1 rY g g
affidavit of posting
City Clerk, City of Rancho Palos Verdes Cal i
By _ G 4 f
epu ty City l erk .�._.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss. AFFIDAVIT OF POSTING
CITY OF RANCHO PALOS VERDES )
The undersigned, being first duly sworn, deposes and says:
s:p }�
That at all time herein mentioned, he/she was and now is the duly qual if ied
and acting Deputy City Clerk of the City of Rancho Palos Verdes, California:
That on the 2:-j day f 1 73 day of -�� � 9 he/she
caused to be posted in three conspicuous places, as required by law,
. & , a copy of which is attached hereto in the following
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public places in this City:
1 • Ci ty Hall
3 1244 Palos Verdes Drive West,
Palos Verdes Peninsula, Calif. 90274
(Suite 205)
2 Los Angeles County Fire Department, Miraleste Station
p � n
4000 M i ra l este Plaza
Miraleste, California
3• Ridgecrest I ntermedicate School
28915 Northbay Road
Palos Verdes Peninsula, California
I certify under penalty of perjury that the foregoing is a true and correct
I g
affidavit of posting
City Clerk, City of Rancho Palos Verdes, Cali
By:
Deputy C i ty Clerk