HomeMy WebLinkAboutRES NO 135-78 RESOLUTION NO.' 135-78
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD REDETERMINING AND RECERTIFYING TO
COUNTY OF KERN AUDITOR-CONTROLLER AMOUNT OF
CANCELLATION FEE LANDOWNER MUST PAY COUNTY
TREASURER AS DEFERRED TAXES UPON CANCELLATION
OF LAND USE CONTRACT UNDER WILLIAMSON ACT.
WHEREAS, Lowell L. Costerisan, Ray R. Costerisan and
Hale H. Costerisan, on December 30, 1977, filed with this Council
a petition for cancellation of a Land Use Contract as to part of
the subject land, which contract was entered into under the Land
Conservation Act of 1965 (Williamson Act), and which land is
located in County of Kern Agricultural Preserve Nos. 10 and 11
and more particularly described in Resolution No. 27-78 heretofore
adopted by this Council on March 15, 1978; and
WHEREAS, the said land has been and is under the juris-
diction of the City of Bakersfield since annexation thereof in
1969; and
WHEREAS, pursuant to changes in the law, resulting from
passage of Proposition 13, in 1978, have compelled a revaluation.
and reassessment of the subject land for tax purposes, including
the determination of cancellation value; and
WHEREAS, the County Assessor of Kern County has deter-
mined the full cash value of said approximately 95 acres of said
land under contract as though it were free of the contractual
restriction to be $488,045.00; the Assessor multiplied such value
by the most recent county ratio announced pursuant to Section 401
of the Revenue and Taxation Code and has certified the product to
the City Council as the cancellation valuation of the land for
the purpose of determining the cancellation fee, which cancellation
value, as determined, is $122,011.00; and
WHEREAS, Section 51283 of the Government Code requires
that the City Council determine and certify to the County Auditor
the amount of the cancellation fee which the landowners must pay
to the County Treasurer as deferred taxes upon cancellation prior
to giving tentative approval to the cancellation of the contract,
which fee is 50% of the cancellation value. The Assessor's
valuation is attached hereto; and
WHEREAS, the landowner has requested an extension of
time of 90 days for payment of the amended amount both because of
the change'in valuation and because of the serious losses resulting
from the poor cotton crop and related factors, and such extension
appears reasonable and warranted;
NOW, THEREFORE, the Council of the City of Bakersfield
resolves, determines and certifies as follows:
1. That the amount of the cancellation fee which the
landowners must pay the County Treasurer as deferred taxes upon
cancellation is the sum of $61,005.00.
2. That a copy of this Resolution shall be transmitted
by the City Clerk to the Auditor-Controller of the County of
Kern.
3. The landowner is hereby granted an extension of
time for payment of said deferred taxes to March 15, 1979, or
until any conveyance in whole or in part of the subject land,
whichever is sooner.
o0o
I HEREBY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on the 20th day of December, 1978, by the
following vote:
AYES: COUNCILMEN 3A:TC;~.. CI I~'~T."'I'~EN, MEDDERS, RATTY, SCEALES, STRONG
NOES: COUNCILMEN: N ''"''' N ~
ABSENT: COUNCILMEN: BA(~.~-I~I~ I ~' }'~ I~ %~1'~'/J ~
ABSTAINING COUNClLMEN~ ~ ~ ~
ASS Ex Officio Clerk
of the Council of the City of Bakersfield
APPRQVEb='~"~--2~ b day of December, 1978
' " ~!:'~i.ty of Bakersfield
APPROVE~ a~'
C~ORNEY of the y o~ersfield