HomeMy WebLinkAbout89-08 CC OrdinanceORDINANCE NO. 89-08
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF TEMECULA, CALIFORNIA, ADOPTING A
DOCUMENTARY TRANSFER TAX
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of the City of Temecula adopts any documentary transfer tax
imposed by the County of Riverside.
Section 2. Taxable Event.
A. In accordance with the provisions of the Documentary Transfer Tax Act, Revenue and
Taxation Code Section 11901 et seq. There is hereby imposed a documentary transfer tax on each
deed, instrument or writing by which any lands, tenements or other realty sold within the City
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 encumbrance
remaining thereon at the time of sale) exceeds $100.00.
B. The tax shall be imposed at the rate of 12 % cents for each $500.00 or fractional part
thereof of the consideration or value of the interest or property conveyed.
C. The tax shall be paid by any person who makes, signs or issues any document or
instrument subject to the tax or for whose use of benefit is made, signed or issued..
Section 3. Exemptions. Exemptions from this tax are those set forth in Division 2, Part
6.7, Chapter 3 of the Revenue and Taxation Code commencing at Section 11 921.
A. Each Councilmember shall be entitled to a salary in the amount of $300.00 per month.
(Gov. Code Section 36516)
B. Upon the submission of an itemized account, any Councilmember may be reimbursed
for the actual and necessary expense incurred in the performance of official duty. (Gov. Code
Section 36514.5.)
Section 4. Administration. This Chapter shall be administration in accordance with the
provisions of Division 2, Part 6.7, Chapter 4 of the Revenue and Taxation Code commencing at
Section 11931.
Ords 89-08
Section 5. Claims for Refund. Claims for refund of taxes imposed pursuant to this
Chapter shall be governed by the provisions of Chapter 5 (commencing with Section 5096) or Part
9 of Division 1 of the Revenue and Taxation Code.
Section 6. 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, or upon the effective date of this
Ordinance, whichever is the later.
Section 7. Upon its adoption, the City Clerk shall file two copies of this Ordinance with
the County Recorder of Riverside County.
Section 8. This Ordinance relates to taxes for the usual and current expenses of the City
and will take effect immediately upon it adoption. The City has just been incorporated and has
no funds whatsoever to provide for police powers of the City. This Ordinance is therefore an
Urgency Ordinance for the Immediate preservation of the public peace, health and safety. The
City Clerk shall certify to the adoption of this Ordinance and cause copies of the Ordinance to be
posted in the three designated posting places.
APPROVED AND ADOPTED this 1st day of December, 1989.
Ronald J. Parks, Mayor
ATTF_~T:
F. D. Aleshire, City Clerk
[SEAL]
Ords 89-08
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS
CITY OF TEMECULA )
I, F. D. Aleshire, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Ordinance No. 89-08 was duly adopted at a regular meeting of the City Council of the
City of Temecula on the 1st day of December, 1989, by the following roll call vote.
AYES: 5
C OUNCILMEMBERS:
Birdsall, Lindemans, Moore,
Mufioz, Parks
NOES: 0
COUNCILMEMBERS: None
ABSENT: 0
COUNCILMEMBERS: None
F. ~ Aleshire, City Clerk
Ords 89-08