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Ordinance 1561ORDINANCE 1561 New Series CITY OF ALAMEDA ORDINANCE No. 1561 New Series AMENDING THE ALAMEDA MU NICIPAL CODE BY ADDING ARTICLE 1, CHAPTER 11 TO TITLE III THEREOF, IMPOSING A DOCUMENTARY STAMP FAX ON THE SALE OF REAL PROPERTY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ALA- MEDA: Section 1. That Title III of the Alameda Municipal Code is hereby amended by adding Chapter 11, Ar- ticle 1, thereto, consisting of Sec- tions 3-1111 through 3-11113, to read as follows: CHAPTER 11. REAL PROPERTY TRANSACTION TAXES Article 1. Real Property Transfer Tax Sec. 3-1111. Title. Authority. This article shall be known as the "Real Property Transfer Tax Ordinance of the City of Alameda." It is adopted pursuant to the authority contained in Part 6.7 (commencing with sec- tion 11901) of Division 2 of the Revenue and Taxation Code of the State of California. Sec. 3-1112. Imposition and Rate 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 Alameda 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 (20.275) for each five hundred dollars ($500) or fractional part thereof. sec. 3-1113. Liability for Payment. Any tax imposed pursuant to Sec- tion 3-1112 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. Sec. 3-1114. Exemption. Written Security Instrument. Any tax im- posed pursuant to this article shall not apply to any instrument in writing given to secure a debt. Sec. 3-111:i. Exemption. United States, State or Political Subdivision. The United States or any agency or instrumentality thereof, any state or thrritory, or politMal subdivision thereof, or the District of Columbia shall not be hable for any tax lin- posed pursuant to this article with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assess- mein from any other party liable therefor. Sec. 3-1116. Exemption. Bank- ruptcy Proceedings. Any taX - posed pursuant to this mticle shall not apply to the making, delivering or filing of conveyarices to make effective any plan of reorganization or adjustment: (a) Confirniecl under the Federal Bankruptcy Act, as amended; ib) Approved in an equity receiv- ership proceeding in a court involving a railroad corpora- tion, as defined in subdivision (In) of Section 205 of Title 11 of the United States Code, as amended; (c) Approved. in an equity receiver- ship proceeding in a court in- volving a corporation, as de' 11 in subdivision (3) of Sec- tion 506 of Title 11 of the United States Code, as amend- ed; or (d) Whereby a mere change in identity, form or place of or- ganization is effected. Subdivisions (a) to (el), inclusive, of this section shM1 only apply if the making, delivery or filing of instruments of transfer or convey- ances occurs Nvithin five years from the date of such confirmation, ap- proval or change. See. 3-1117. Exemption. Instru- ments Pursuant To S.E.C. Order. Any tax imposed pursuant to this article shall not apply to the mak- ing or delivery of conveyances to make effective any order of the Se- curities and Exchange ('ommission, as defined in subdivision (a) of Section 10113 of the Internal Reve- nue Code of 1954; but only if: (a) The order of the Securities and Exchange Commission in obe- dience to which such 000V 03'- 0>101' is made recites that such conveyance is necessary or ap- ProPiate to effectuate the provi- sions of Section 79k of Title 15 of the United States Code, re- lating to the Public *Utility Holding Company Act of 1935; b) Such order specifies the prop- erty::- :which conveyed; Such 'J conveyance is made in obedience to such order. Sec. 3- 1118.. Exemption. Partne ships. (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this article by reason of any trans- fer of an interest in a part- nership or otherwise, if: (1) Such partnership (or an- other partnership) is con - sidered a continuing part- . nership within the mean- . ing of Section 708 of the Internal Revenue Code of 1954; and (2) Such continuing partner- ship 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 pur- poses of this article, such part- nership shall be treated as hav- ing executed an instrument whereby there was conveyed, for fair market value (exclu- sive of the value of any lien or encumbrance remaining there- on), all realty held by such partnership at the time of such termination: Not more than one tax shall be imposed pursuant to this article by reason of a termina- tion described in subdivision (b), and any transfer pursuant thereto, with respect to the realty held by such partnership at the time of such termination. Sec. 3-1119. Administration. The County Recorder shall administer this article 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. Sec. 3-11110. Refund Claims. Claims for refund of taxes imposed pursuant to this article shall be governed by the provisions of Chap - ter 5 (commencing with Section 5096).of.Part 9 of Division 1 of the Revenue and ;Taxation' Code of the State of California. See." 3- 11111. Operative' Date. This article shall :become operative upon the operative date of any ordinance adopted by the .- County !of Alameda, pursuant to Part 6.7 (commencing with Section 11901) of Division 2 o the Revenue: and Taxation Code of the State of California, or upon the effective date of this article, which- ever is the later. See, 3- 11112.: Filing with County Recorder. : Upon its adoption r. and passage the City Clerk" shall file two certified :copies of this article with the County Recorder of Ala- meda County. See. 3- 1.1.113. Effective Date. This article provides for, and fixes:':the rate of, a tax levy for the "usual and current expenses of the city and shall be in full force' and effect immediately upon >final passage, pursuant to Section 3-11 of the Charter of the City of Alameda. WILLIAM M. MtCALL;r`, Presiding .Officer of the Council. Attest: SHIRLEY 11. TENNII;R; City Clerk. I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly.;. adopted and passed by the Council' of the City of Alameda in regular meetingas- sembled on the 5th day of Decem- ber, 1967, by the following vote; -ao wit: AYES: Councilmen Bartley, Fore, La Croix, Jr., Levy and President McCall (5). NOES: None. ABSENT: None. IN WITNESS WHEREOF, I have hereunto set my hand and affixed'' the official seal of said City this 6th day of December; 1967. SHIRLEY H. TENN City Clerk of the City of Alameda. (SEAL) No. A -419. Publish Dec.