Ordinance 2987CITY OF ALAMEDA ORDINANCE NO. 2987
New Series
AMENDING SECTION 3-58 OF DIVISION I OF ARTICLE"
OF CHAPTER III OF THE ALAMEDA MUNICIPAL CODE
THE REAL PROPERTY TRANSACTION TAX
THE PEOPLE OF THE CITY OF ALAMEDA DO ORDAIN AS
FOLLOWS:
Section Code Amendment.Subsection 3-58.2 of the Alameda
Municipal Code is hereby amended to read as follows:
58.Imposition of Tax.
A tax is hereby imposed on each transfer , by deed, instrument or writing,
by which any lands , tenements or other real property located in the City are or
is granted , assigned , transferred or otherwise conveyed to , or vested in , apurchaser thereof, or any other person at or by the direction of the purchaser
when the value of the consideration exceeds one hundred ($100.00) dollars , the
tax to be twelve do!lars for each one thousand ($1 000.00) dollars or
fractional part of one thousand ($1 000.00) dollars of the value of the
consideration.
As used herein , value of the consideration shall mean the total
consideration , valued in money of the United States , paid or delivered or
contracted to be paid or delivered in return for the transfer of real property,
including the amount of any indebtedness , existing immediately prior to the
transfer which is secured by a lien , deed or trust or other encumbrance on the
property conveyed and which continues to be secured by such lien , deed of
trust or encumbrance after the transfer, and also including the amount of any
indebtedness which is secured by a lien , deed or trust or encumbrance given or
placed upon the property in connection with the transfer to secure the payment
of the purchase price or any part thereof which remains unpaid at the time of
the transfer. Value of the consideration also includes the amount of any special
assessment levied or imposed upon the property by a public body, district or
agency, where the special assessment is a lien or encumbrance on the property
and the purchaser or transferee agrees to pay such special assessment. Thevalue of any lien or encumbrance of a type other than those which are
hereinabove specifically included , existing immediately prior to the transfer and
remaining after said transfer , shall not be included in determining the value ofthe consideration. If the value of the consideration cannot be definitely
determined , or is left open to be fixed by future contingencies , value ofconsideration shall mean the fair market value of the property at the time of
transfer after deducting the amount of any lien or encumbrance if any, of a type
which would be excluded in determining the value of the consideration pursuant
to above provisions of this subsection.
Section Code Amendment.Subsection 3-58.4 of the Alameda
Municipal Code is hereby amended to read as follows:
58.4 Exemption.
The tax imposed pursuant to section 3-58.shall not apply to any
transaction that is exempt from taxation pursuant to Chapter 3 of Part 6.7 of
Division 2 of the California Revenue and Taxation Code as it now reads or may
hereafter be amended.
Section Repeal.Subsection 3-58.5 of the Alameda Municipal Code
is hereby repealed , but transfers in lieu of foreclosure shall remain exempt from
tax as provided in subsection 3-58.4 of that Code.
Section Code Amendment.Subsection 3-58.6 of the Alameda
Municipal Code is hereby amended to read as follows:
58.6 Administration of Tax.
The County Recorder shall collect the tax imposed under section 3-58.
and shall otherwise administer such tax in conformity with the provisions of Part
7 of Division 2 of the California Revenue and Taxation Code and the
provisions of any county ordinance adopted pursuant thereto. Notwithstanding
the preceding sentence , the City Tax Collector may make such rules and
regulations , not inconsistent with subsection 3-58., as he/she may deem
reasonably necessary or desirable to administer the tax imposed under that
section. In the administration of such tax, the City Tax Collector shall interpret
its provisions consistently with those Documentary Stamp Tax Regulations
adopted by the Internal Revenue Service of the United States Treasury
Department which relate to the Tax on Conveyances except that for the
purposes of this section:
a. Realty, as used in the regulations , shall mean real property as such
term is defined by and under the laws of the State of California.
b. Those provisions of the regulations providing for deduction of the
value of any lien or encumbrance existing before the sale and not removed
thereby shall not apply.
c. Those provisions of the regulations relating to the rate of the tax shall
not apply.
d. Those provisions of the regulations which conflict with the provisions
of this section shall not apply.
Section 5. Amendment of Ordinance The tax imposed under
Alameda Municipal Code 9 3-58., as amended by this Ordinance , may be
repealed or amended by the City Council without a vote of the people except as
follows: as required by Proposition 218, any amendment that increases theamount or rate of tax beyond the levels authorized by this Ordinance may not
take effect unless approved by a vote of the people. The City Council may
impose the tax in any amount or rate which does not exceed the rate approved
by the voters of the City.
Section 6. Severabiltv If any section , sentence , clause , phrase, or
portion of this Ordinance is for any reason held to be invalid or unenforceable
by a court of competent jurisdiction, the remaining sections , sentences , clauses,phrases , or portions of this ordinance shall nonetheless remain in full force and
effect. The people of the City of Alameda hereby declare that they would have
adopted each section , sentence, clause, phrase, or portion of this Ordinance
irrespective of the fact that anyone or more sections , sentences, clauses
phrases, or portions of this Ordinance be declared invalid or unenforceable and
to that end , the provisions of this Ordinance are severable.
Section 7. Maioritv Approval; Effective Date . This Ordinance shall be
effective only if approved by a majority ers voting thereon and shall go
into effect ten (10) days after the vote is declred y
residing ffl rr)of tlle Council
ATTEST:
'!JJ
******
, the undersigned, hereby certify that the foregoing Ordnance was duly
adopted and passed by voters of the Cit of Alameda at the Consolidated
General Municipal Election held on the 4 h day of November, 2008
, by the
following vote:
YESES:
NOES:
16,178
642
IN WITNESS , WHEREOF , I have hereunto set my hand and affixed the
official seal of the said City this 3 day of December , 2008.
Lara Weisiger , City CI
City of Alameda