ITEM 8-E
City Council Meeting 8-13-91 Santa Monica, California
STAFF REPORT
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: Ordinance Amending Santa Monica Municipal Code
Sections 61000, 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
ORDINANCE NUMBER ____
(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 be known as the "Real
Property Transfer Tax Ordinance of the
City of Santa Monica." 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 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
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. Agreement 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
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 officer 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
receiving 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
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.
APPROVED AS TO FORM:
__________________________________
ROBERT M. MYERS
City Attorney