HomeMy WebLinkAboutOrdinances 1942 10/25/1993~
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I1VTI~OI)UCEI~
~Y COiJIVCII.PERSOIN
oRDixA~cE xo
Vice Mayor Read
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SECOIVI)EI~ BY
Bonnie Nelson
AN ORDINANCE TO TAKE EFFECT IMMEDIATELY
OF THE CITY OF PETALUMA, STATE OF CALIFORNIA
AMENDING CHAPTER 4.20 TO THE PETALUMA MUNICIPAL CODE
RELATING TO REAL PROPERTY TRANSFER TAX
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PETALUMA AS
FOLLOWS:
Section 1. Chapter 4.20, Section 4.20.020 of the Petaluma Municipal Code is
amended to read as follows: ~
4.20.020 Im~osed - Rate.
A. There is imposed on each deed, instrument or writing by which any lands, tenements,
or other real property within the City are sold, granted, assigned, transferred or otherwise
23 conveyed, to, or vested in, the purchaser or purchasers, or any other person or persons when
24 the consideration or value of the interest or property conveyed exceeds one hundred dollars, a
25 tax at the rate of two dollars ($2.00) for each one thousand dollars ($1,000) or fractional part
26 thereof of said consideration or value.
27 B. As used herein, "consideration or value" means the total consideration, valued in
28 money of the United States, paid or delivered or contracted to be paid or delivered in return
29 for the transfer of real property, including the amount of any indebtedness, existing
30 immediately prior to the transfer which is secured by a lien, deed of trust or other
31 encumbrance on the property conveyed and which continues to be secured by such lien, deed
32 of trust or encumbrance after said transfer, and also including the amount of any indebtedness
33 which is secured by a lien, deed of trust or encumbrance given or placed upon the property in
34 connection with the transfer to secure the payment of the purchase price or any part thereof
35 which remains unpaid at the time of the transfer.
36 C. "Consideration or value" also includes the amount of any special assessment levied or
37 imposed upon the property by a public body, district or agency, where said special assessment
38 is a lien or encumbrance on the property and the purchaser or transferee agrees to pay such
39 special assessment or takes the property subject to the lien or such special assessment
40 D. The value of any lien or encumbrance if a type other than those which are hereinabove
41 specifically included, eacisting immediately prior to the transfer and remaining after said
42 transfer, shall not be included in determining the value of the consideration.
Ord. 1942 NCS
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1 E. If the consideration or value cannot be definitely determined, or is left open to be fixed
2 by future contingencies, "consideration or value" shall be deemed to mean the fair market
3 value of the property at the time of transfer pursuant to above provisions of this section.
4 Section 2. Severabilitv. If any section, subsection or portion of this ordinance
5 is for any reason held to be invalid or unconstitutional by the decision of any court of
6 competent jurisdiction, such decision shall not affect the validity of the remaining portion of
7 this ordinance. The City Council hereby declares that it would have adopted this ordinance
8 and each section, subsection or portion thereof, irrespective of the fact that any one or more
9 sections, subsections or portions be declared invalid or unconstitutional. In the event that the
10 tax rate established by this ordinance is invalid, the provisions of Chapter 4.20 of the Petaluma
11 Municipal Code ad they existed immediately prior to the effective date of this ordinance shall
12 be in full force and effect and shall apply to any transfer of property to which the provisions of
13 this ordinance do not validly apply.
14 Section 3. Findin s. This ordinance relates to taxes for the usual and current
15 expenses of the City and shall take effect and be in force upon its passage by a majority vote
16 of the members of the City Council present at the time of its adoption. This tax increase is
17 necessary to obtain the revenues to continue the usual and current expenses required to provide
18 City services not only required by law but also for the preservation of the public peace, health
19 and safety of the City.
20 Section 4. Effective Date. This ordinance is effective on and after
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November 1, 1993.
Section 5. Publish/Postin~. The City Clerk shall, and she is hereby
directed to, post/publish this ordinance for the period and in the manner as required by law.
INTRODUCED AND ORDERED posted/published this 4th day of October , 1993.
ADOPTED this 25th day of October , 1993 by the following vote:
AYES Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss
NOES: NOne
ABSENT: None
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M. Patricia
Approved:
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goss, Mayor
Attest:
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atricia E Bernard, City Clerk City Attorney
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Ord. 1942 NCS