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HomeMy WebLinkAboutOrdinances_1922_CCv0001.pdf ORDINANCE NO. 1922 AN ORDINANCE AMENDING SECTION 28004 AND ADDING NEW SECTIONS 28006A AND 28006B TO THE REDLANDS ORDINANCE CODE TO CONFORM TO THE CALIFORNIA REVENUE AND TAXATION CODE THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS: SECTION 1 . Section 28004 of the Redlands Ordinance Code is hereby amended to read as follows: 1128004 . Any deed, instrument or writing to which the United States or any agency or instrumentality thereof, any state or territory, or political subdivision thereof, is a party shall be exempt from any tax imposed pursuant to this Article when the exempt agency is acquiring title. " SECTION 2 . Article 280 of the Redlands Ordinance Code is hereby amended by the addition of Section 28006A, which shall read as follows : 1128006A. Any tax imposed pursuant to this Article shall not apply with respect to any deed, instrument , or writ- ing to a beneficiary or mortgagee, which is taken from the mortgagor or trustor as a result of or in lieu of foreclosure; provided that such tax shall apply to the extent that the consideration exceeds the unpaid debt, including accrued interest and cost of foreclosure. Consideration, unpaid debt amount and identification of grantee as beneficiary or mortgagee shall be noted on said deed, instrument or writing, or stated in an affidavit or declaration under penalty of perjury for tax purposes . " SECTION 3 . Article 280 of the Redlands Ordinance Code is hereby amended by the addition of Section 28006B, which shall read as follows: "28006B. (a) Any tax imposed pur- suant to this Article shall not apply with respect to any deed, instrument , or other writing which purports to transfer , divide, or allocate community, quasi- community, or quasi-marital property assets between spouses for the purpose of effecting a division of community, quasi-- community, or quasi.-marital property which is requried by a judgment decreeing a dissolution of the marriage or legal separation, by a judgment of nullity, or by any other judgment or order rendered pursuant to Part 5 (commencing with Section 4000) of Division 4 of the Civil Code, or by a written agreement between the spouses, executed in contemplation of any such judgment or order , whether or not the written agreement is incorporated as part of any of those judgments or orders. " (b) In order to qualify for the exemption provided in subdivision (a) , the deed, instrument, or other writing shall include a written recital, signed by either spouse, stating that the deed, instrument, or other writing is entitled to the exemption. " SECTION 4. This Ordinance shall be in force and take effect as provided by law. SECTION 5. The Mayor shall sign this Ordinance, and the City Clerk shall certify to the adoption of this -2- Ordinance and cause it or a summary or it to be published once in the Redlands Daily Facts, a newspaper of general circulation printed and published in this city. /j Mayor of the City of Redlands ATTEST: ity Clerk I , Lorrie Poyzer , City Clerk, City of Redlands , hereby certify that the foregoing ordinance was duly adopted by the City Council at a regular meeting thereof held on the 1st day of April , 1986 , by the following vote : AYES : Councilmembers Larsen, DeMirjyn, Johnson, Wormser; Mayor Beswick NOES: None ABSENT: None ty lerk , Cof Redlands -3- LAA0035