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Home My Public Portal AboutOrdinance 383ORDINANCE NO, 383. AN ORDINANCE OF THE CITY OF BEAUMONT IMPOSING A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY The City Council of the City of Beaumont does ordain as follows: Section 1. This ordinance shall be known as the "Real Property Transfer Tax Ordinance of the City of Beaumont". 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. Section 2. There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other realty sold within the City of Beaumont 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 ($0.275) for each five hundred dollars ($500) or fractional part thereof. Section 3. Any tax imposed pursuant to Section 2 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. Section 4. Any tax imposed pursuant to this ordinance shall not apply to any instrument in writing given to secure a debt. Section 5. 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 ordinance with respect to any deed, instrument, or writing to which it is a party, but the tax may be collected by assessment from any other party liable therefor. Section 6. Any tax imposed pursuant to this ordinance shall not apply to the making, delivering of filing of conveyances to make effective any plan of 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 of organization is effected. Subdivisions (a) to (d), inclusive, of 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. Section 7. Any tax imposed pursuant to this ordinance 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 obedience to which such conveyance is made recites that such conveyance is necessary or appro- priate 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. Section 8. (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this ordinance 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 purpose of this ordinance, 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 encumbrance 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 ordinance 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. Section 9. 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 county ordinance adopted pursuant thereto. Section 10. Claims for refund of taxes imposed pursuant to this ordinance shall be governed by the provisions of Chapter 5 (commencing with Section 5096) of Part 9 of Division 1 of the Revenue and Taxation Code of the State of California. Section 11. This ordinance shall become operative upon the operative date of any ordinance adopted by the County of Riverside, 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, whichever is the later. Section 12. Upon its adoption the City Clerk shall file two copies of this ordinance with the County Recorder of Riverside County. Section 13. This ordinance, inasmuch as it provides for a tax levy for the usual and current expenses of the city, shall take effect immediately. Section 14. The City Clerk shall certify to the adoption of this ordinance, and shall cause the same to be published once in the Daily Record -Gazette, a newspaper of general circulation in the City of Beaumont, and it shall be in full force and effect immediately upon its adoption. Adopted this 14th day of November 1967. Mayor Pro -Tem, City of Beaumont ATTEST: City Clerk, City of Beaumont State of California) County of Riverside) ss City of Beaumont ) I, Bernice Conine, City Clerk of the City of Beaumont, do hereby certify that the foregoing Ordinance No. 383 was introduced and read at a regular meeting of the' City Council of the City of Beaumont, duly held on the 14th day of November, 1967, and that the same was duly passed and adopted as an urgency Ordinance by the follow- ing vote: AYES: Councilman Haskell, Karnes, Kief and Muse. NOES: Councilman None. ABSENT: Councilman Houston. WITNESS my hand and seal of the City of Beaumont, this 14th day of November, 1967. City Clerk, City of Beaumont OFFICERS DONALD B HOUSTON MAYOR WILLIAM H KRAUS. C rY MANAGER BERNICE CON,NE. CITY CLERK ALLIE HARL;RAVE. TY ERE ...SURER HICKS & HARTWICK. ENGINEERS A7 E CI.. VF. REDLANDS. CALIF. DAVID N. PA BERK 0.' V ATTORNEv e74 BE AU h:ON1 ASF I;E REAL/MONT. (-.ALI F0'l'OA CITY OF BEAUMONT Gent _n- n: DRAWER 158 BEAUMONT, CALIFORNIA 92223 (RIVERSIDE COUNTY) CITY COUNCIL DONALD B HOUSTON EDNA L. KARNES ARTHUR M. KIEF ALBERT HASKELL ROBERT MUSE November 15, 1967 TELEPHONE ADMINISTRATIVE OFFICES. AREA CODE 714 845-1171 P1 ea: c- find err' ' sed two copies e ordinance 383 approved by 'he r7i tv i;, •. In1: i i 0! .1-1. Ctv of Beau:n.,n' on Ni've.nber 14th, imposing a rlocumen: a ry s amp tax on the sa < of rea' p:.1p.�rty. This ordinance vas apere -ed t as ar. u.'g •nc'' ,re finance are consec,l,enuy, 1- effecti e inlmet a �('w ' I at :he board of Supervisors nave allprovec_ a County in this matter. ha !his, ordinance will enable us to receive fifty (50) percent , r , n ' a ry stamp taxes as of tanuary 1, 1968. 1f ou ha c•n' qut s, iat f1. K' au-; ons please feel free to ca11 on me.