Loading...
SR-8-E (29) -~ Z/"Z-- tt0 ~-E CA:RMM:rmd1298/hpca1 city Council Meeting 8-13-91 AIJG 1 3 199J Santa Monica, California STAFF REPORT TO: Mayor and city council FROM: City Attorney SUBJECT: Ordinance Amending Santa Monica Municipal Code Sections 6l000, 61002 and 61008, and Adding section 61010 to the Santa Monica Municipal Code At its meeting on July 23, 1991, the City council introduced for first reading an ordinance amending Municipal Code Sections 61000, 61002 and 61008, and adding section 61010 to the Municipal Code relating to the City's real estate property transfer tax. The ordinance is now presented to the City Council for adoption. RECOMMENDATION It is respectfully recommended that the accompanying ordinance be adopted. PREPARED BY: Robert M. Myers, City Attorney g-E ~UG 1 3 l~~l CA:RMM:rmd1283/hpcal/pc City Council Meeting B-13-91 Santa Monica, California ORDINANCE NUMBER 1596(CCS} (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTIONS 61000, 61002 AND 61008, AND ADDING SECTION 61010 TO THE SANTA MONICA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 61000 is amended to read as follows: SECTION 61000. Title. This Ordinance shall ):Ie known as the "Real Property Transfer Tax Ordinance of the City of Santa Monica. n It is adopted pursuant to the authority contained in Par~ 6.7 (commencing with Section 11901) of Division 2 of the Revenue and Taxation Code of the State of California and other authority held as a charter city. SECTION 2. Santa Monica Municipal Code Section 61001 is amended to read as follows: SECTION 61001. Transfers Affected and Amount of Tax. Effective October 15, 1991, there is hereby imposed on each - 1 - deed, instrument, or writing by which any lands, tenements, or other realty sold within the City of Santa Monica 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 her or their direction, when the consideration or value of the interest or property conveyed (exclusive of the value of any lien or encumbrance remaining thereon at the time of sale) exceeds $100.00, a tax at the rate of $3.00 for each $1,000.00 of property sale value 'or fractional part thereof. Prior to October 15, 1991, the tax at the rate of fifty-five cents ($.55) for each $1,000.00 of property sale value or fractional part thereof shall remain in effect. SECTION 3. Santa Monica Municipal Code section 61008 is amended to read as follows: SECTION 61008. Aqreement with county Recorder. The County Recorder shall administer this Ordinance in conformity with the provisions of Part 6.7 of Division 2 of the Revenue and Taxation Code and the provisions of any - 2 - county ordinance adopted thereto. The City Manager of the City of Santa Monica is authorized to negotiate and enter into a contract with the County of Los Angeles or one of its officials for the administration of this ordinance and payment to the county for its costs of administration. SECTION 4. Section 61010 is hereby added to the Santa Monica Municipal Code to read as follows: SECTION 61010. Authority of Finance Director. (a) The Direct of Finance is hereby designated as the off icer of the city responsible for maintaining relations with the County of Los Angeles for the purpose of administering the tax imposed under this ordinance and rec~iving and accounting for the funds collected thereunder. (b) If the County of Los Angeles does not collect the tax due under this Ordinance, then the Director of Finance shall have the power and duty to enforce all of the provisions of this Ordinance. In such case, the City tax is due prior to any recordation with the county of Los - 3 - Angeles of any written instrument subject to the tax and the Director of Finance may make an assessment for taxes not paid and make refunds. SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this ordinance. SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The city Council hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The city Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective after 30 days from its adoption. - 4 - APPROVED AS TO FORM: ~ '^-. \-- ROBERT M. MYERS city Attorney 0- - 5 - Adopted and approved this 13th day of August, 1991. ~~~ I hereby certify that the foregoing Ordinance No. 1596(CCS) was duly and regularly introduced at a meeting of the city Council on the 23rd day of July 1991; that the said Ordinance was thereafter duly adopted at a meeting of the city Council on the 13th day of August 1991 by the following council vote: Ayes: Councilmembers: Genser, Olsen, Vazquez, Zane, and Mayor Abdo Noes: Councilmembers: HOlbrook Abstain: Counci1mernbers: None Absent: councilmembers: Katz ATTEST: __ ..( _~).J ) /1 '1 '~xJr:tr~ . ff>~. 7}ty . Clerk