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HomeMy WebLinkAboutTC Ord 1969-01-27 ORDINANCE NO. 23 N .S . AN ORDINANCE OF THE CITY OF TIBURON AMENDING TITLE I, CHAPI'ER 1, SECTION 1-9 OF T~E TIBURON CITY CODE, BY ADOPTING A CITY SEAL; AMENDING TrrLE I, CHAPrER 1, SECTIONS 1-10 THROUGH 1-13, BY PROVIDING FOR A CITATION PROCEDURE FOR VIOLATION OF Crry ORDINANCES; AMENDING TITLE II, CHAPTER 7A BY THE IMPOSITION OF A DOCUMENTARY STAMP TAX ON THE SALE OF REAL PROPERTY; AND AMEND ING ORDINANCE NO. 1 N. S . The City Council of the City of Tiburon does ordain as follows: Section 1. A. Title I, Chapter 1, Section 1-9 of the Tiburon City C"de is hereby amended to read as follows: r'Sec. 1-9. Official seal. There is hereby adopted a new official seal of the city, having around its perimeter the words City of Tiburon, California, Inc. 1964, and bearing in the center of such seal a stylized representation of a shark rampant. (Ord. No.8 N.S., ~ l.r' B. Title I, Chapter 1, Sections 1-10 through 1-13, are hereby amended to read as follows: "Sec. 1-10. Violation of Code or ordinance--Citation procedure. Except as provided in Sections 1-11 to 1-13, the provisions of chapter 5b, title 3, part 2, of the Penal Code of the state are hereby adopted and made a part of sections 1-11 to 1-13, as if fully set forth. (Ord. No. 10 N.S., I 1.) Sec. 1-11. Same--Notice to appear. (a) Whenever any person is arrested for a violat1~n of any ordinance of the city and is not ~ediate1y taken before a magistrate as required or permitted by the Penal Code, the ar- resting officer shall prepare in duplicate a written notice to appear in court containing the name and address of such pers"n, the offense charged, and the time and place where and when such person shall appear in court. (b) The time specified in the notice to appear must be at least five days after the arrest. . (c) The place specified in the notice t" appear shall be: (1) Before a judge of the municipal court of the Central Judicial District, County of Marin; or (2) before an officer authnrued by such court t~ receive a deposit of bail. (d) The officer shall deliver one copy of the notice to appear to the arrested person and the arrested person, to order to secure release, must give his written promise to so appear in court by signing the duplicate notice which shall be retained by the officer. Thereupon the arresting officer shall f~rthwitb re- lease the person arrested from custody. (e) The officer shall, as soon as practicable, file the duplicate notice with the magistrate specified therein. There- upon bail shall be set and the matter dealt with according to law. (Ord. No. 10 N.S. ~ 2.) By draft date: 1/21/69 1. Sec. 1-13. Same--Fai1ure to appear; warrant for arrest. When a person signs a written promise to appear before a magistrate and has not posted bail to assure his appearance, the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised. When a person signs a written promise to appear before an off1cer authorized to accept bail other than a magistrate, and fails to do so on or before the date which he promised to appear, then the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after the delivery of such written pl.-omise to appear by the officer to a magistrate having jurisdiction over the offense. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall iromediately deliver to the magistrate having juris- diction over the offense charged, the written promise to appear and the complaint, if any, filed by the arresting officer. (Ord. No. 10 N. S ., ~ 4.) II C. Title II, Chapter 7A, Sections 7A-l through 7A-ll, are hereby amended to read as follows: "Sec. 7A-l. Short title; adoption authority. This chapter shall be known as the Real Property Transfer Tax Ordinance of the City of Tiburon. 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. (Ord. No. 11 N.S., ~ 1.) Sec. 7A-2. Imposition. There is hereby imposed on each deed, instrument or writing by which any lands, tenements, or other reaBv 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 encumbrances remaining thereon at the time of sale) exceeds one hundred dollars a tax at the rate of twenty-seven and one-half cents for each five hundred dollars or fractional part thereof. (Ord. No. 11 N.S., ~ 2.) Sec. 7A-3. Payme~t. Any tax imposed pursuant to section 7A-2 shall be paid by any person who makes, signs or issues any document or instru- ment subject to.the tax, or for whose use or benefit the same is made, signed or issued. (Ord. No. 11 N.S., i 3.) Sec. 7A-4. Exemptions from tax--Instruments to secure debts. Any tax imposed pursuant to this chapter shall not apply to any instrument in writing given to secure a debt. (Ord. No. 11 N.S., ~ 4.) Sec. 7A-5. Same--Public agencies. The United States or any agency or instrumentality thereof, any state or territory, or political subdivision there- of, or the District of Columbia, shall not be liable for any tax By draft date: 1/21/69 2. imposed pursuant to this chapter with respect to any deed, in- strument or writing to wh~h it is a party, but the tax may be collected by assessment from any other party liable therefor. (Ord. No. 11 N.S., ~ 5.) Sec. 7A-6. Same--Plans of reorganization or adjustment. Any tax imposed pursuant to this chapter shall not apply to the making, delivering or filing of conveyances to make ef- fective 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 subdivi- sion (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 conveyance occurs within five years from the date of such confirmation, approval or change. (Ord. No. 11 N.S., ~ 6.) Sec. 7A-7. Same--Orders of Securities and Exchange Commission. Any tax imposed pursuant to this chapter 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 receites that such conveyance is necessary or appropriate to effectuate the provi- sions of section 79k of title 15 of the United States Code, re- lating 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. (Ord. No.ll N.S., ~ 7.) Sec. 7A-8. Same--Partnerships. (a) In the case of any realty held by a partnership, no levy shall be imposed pursuant to this chapter 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, By draft date: 1/21/69 3. for purposes of this chapter, 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 encum- brance remaining thereon), all realty held by such partnership at the time of such termination. (c) Not more than one tax shall be ~posed pursuant to this chapter 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. (Ord. No. 11 N.S., ~ 8.) Sec. 7A-9. Administration. The county recorder shall administer this chapter in conformity with the provisions of part 6.7 of division 2 of the Revenue and Taxation Code and the provisions of any county ordi- nance adopted pursuant thereto. (Ord. No. 11 N.S., S 9.) Sec. 7A-lO. Refunds. Claims for refund of taxes imposed pursuant to this chapter shall be governed by the provisions of chapter 5 (com- mencing with section 5096) of part 9 of division 1 of the Revenue and Taxation Code of the state. (Ord. No. 11 N.S., ~ 10.) Sec. 7A-ll. Operative date. This chapter shall become operative upon the operative date of any ordinance adopted by the county, pursuant to part 6.7 (commencing with section 11901) of division 2 of the Revenue and Taxation Code of the state, or upon the effective date of this chapter, whichever is the later. (Ord. No. 11 N.S., ~ 11.)11 D. Section 3 of Ordinance No. 1 N.S., is hereby amended to read as follows: "Section 3. The repeal provided for in the preceding section of this ordinance shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before February 8, 1968; nor shall it affect any prosecution, suit or proceeding pending or any judgment rendered prior to February 8, 1968; nor shall such repeal affect any ordinance or resolution promising or guaranteeing the payment of money to or for the City or au- thorizin? the issue of any bonds of the City or any evidence of the City s indebtedness or any contract or obligation assumed by the City; nor shall it affect the annual tax levy; nor shall it affect any right or franchise conferred by ordinance orresolu- tion of the City on any person or cor,oration; nor shall it af- fect any ordinance adopted for purpo$es which have been consum- mated; nor shall it affect any ordiHance which is temporary, al- though general in effect, or special, although permanent in ef- fect; nor shall it affect any ordinance relating to the salaries of the City officers or employees; nor shall it affect any ordi- nance annexing territory to the City; nor shall it affect any ordinance naming, renaming, opening, accepting or vacating streets or alleys in the City; nor shall it affect any ordinance relating to zoning; nor shall it affect any ordinance adopted on final reading and passage after March 13, 1967; nor shall it affect any of the following specific ordinances which are hereby renumbered as follows: OriKina1 Ordinance No. 12 Subject City depositaries New No. 2 N.S. By draft date: 11./29/69- 4. 28 Inclusion of property in Tiburon Fire Protection District 3 N.S. 4 N.S. 5 N.S. 30 31 47 Franchise Franchise Inclusion of property in Tiburon Fire Protection District 6 N.8. 7 N.S. 9 N.S. 12 N.S. 69 80 83 Retiremen~ System Contract Zoning Ordinance C.A.T.V. Franchise The following specific ordinances, which are now codi- fied, are hereby r'epealed as . follows: Ori~inal Ordinance No. 79 81 82 Subject City Seal Citation Procedure New No. 8 N.S. 10 N.S. Documentary Stamp Tax 11 N.S.n Section 2. Separability. If ~ny section, provision, sentence, clause or phrase of this ordinance 1S, for any reason, declared to be invalid, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this ordinance, it being the intent of the City Council of the City of Tiburon that this ordinance shall stand notwith- standing the invalidity of such section, sentence, clause or phrase. Section 3. Effective Date. This ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen days after its passage the same shall be published, with the names of the members voting for and against the same, at least once in a news- paper of general circulation published in the City of Tiburon. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tiburon held on January 27 , 1969, by the following vote: AYES: NOES: ABSENT: Councilmen: Drohan, Ellinwood, Fanning, Rice, Bremer Counc ilmen: None Councilmen: None ,{/'i/ //~- Mayor of the City of Tiburon ATTEST: LAWREN~t~ C~erk By draft date: 1/21/69 5.