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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2020-008 <br />ORDINANCE OF THE CITY OF SAN LEANDRO AMENDING SECTION 2-3-105 OF <br />THE SAN LEANDRO MUNICIPAL CODE RELATING TO THE REAL PROPERTY <br />TRANSFER TAX <br />THE PEOPLE OF THE CITY OF SAN LEANDRO DO ORDAIN as follows: <br />SECTION 1. AMENDMENT TO THE SAN LEANDRO MUNICIPAL CODE. San <br />Leandro Municipal Code Section 2-3-105 of the San Leandro Municipal Code is hereby amended <br />to read as follows (with additions in italics and deletions in strikethrough): <br />"CHAPTER 2-3 REAL PROPERTY TRANSFER TAX <br />2-3-105 IMPOSITION OF TAX <br />(a) A tax is hereby imposed on each transfer by deed, instrument or writing, by which any <br />lands, tenements or other real property located in the City, are sold or granted, assigned, transferred <br />or otherwise conveyed to, or vested in, a purchaser or purchasers thereof, or any other person or <br />persons at or by the direction of said purchaser or purchasers, when the value of the consideration <br />exceeds One Hundred Dollars, said tax is to be at the rate of Six Dollars ($6.00) Eleven Dollars <br />($11.00) for each One Thousand Dollars ($1,000.00) or fractional part of One Thousand Dollars or <br />the value of the consideration. <br />As used herein, "value of the consideration" means the total consideration, paid or <br />delivered or contracted to be paid or delivered in return for the transfer or any lands, tenements or <br />other real property, including the amount of any indebtedness, existing immediately prior to the <br />transfer which is secured by a lien, deed of trust or other encumbrance on the property conveyed <br />and which continues to be secured by such lien, deed or trust or encumbrance after said transfer, <br />and also including the amount of any indebtedness which is secured by a lien, deed of trust or <br />encumbrance given or placed upon the property in connection with the transfer to secure the <br />payment of the purchase price or any part thereof which remains unpaid at the time of the transfer. <br />"Value or of the consideration" also includes the amount of any special assessment levied or <br />imposed upon the lands, tenements or other real property by a public body, district or agency, <br />where said special assessment is a lien or encumbrance on the property and the purchaser or <br />transferee agrees to pay such special assessment or takes the property subject to the lien of such <br />special assessment. The value of any lien or encumbrance of a type other than those which are <br />hereinabove specifically included, existing immediately prior to the transfer and remaining after <br />said transfer, shall not be included in determining the value of the consideration. If the value of the <br />consideration cannot be definitely determined, or is left open to be fixed by future contingencies, <br />"value of the consideration" shall be deemed to mean the fair market value of the property at the <br />time of transfer after deducting the amount of any lien or encumbrance if any of a type which <br />would be excluded in determining the value of the consideration pursuant to the above provisions <br />of this section. <br />