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HomeMy WebLinkAboutRES NO 134-78RESOLUTION NO. 134-78 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 AND EXTENDING TIME FOR PAYMENT. WHEREAS, James DelfinO, Frank Delfino and Tony Delfino, on January 26, 1978, 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 the said petition; 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 redeter- mined the full cash value of said acres as though it were free of the contractual restriction to be $821,156.00; 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 cancella- tion fee, which cancellation value, as determined, is $205,289.00; 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. A copy of the Assessor's revaluation 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 $102,644.00. Reference is made to the petition on file for description of the 140 acres involved in the proposed cancellation. 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 ~1~N, ~11R~YEN3EN, MEDDERS, RATTY, SCEALES, STRONG NOES: COUNCILMEN= N 6 ~4 ~' ABSENT: CO~'NC~(i~i'~i~: ~A~,"t~ I ~ ~ ~T~N~ ~N ABSTAINING ~'6'~]~'~l'~'j~: N ~ ASS~Ex~j'~~ Officio Clerk of the CounCil of the City of Bakersfield AP~O_.V._ED thiS'.~j~_0~. day of December, 1978 ', -~ROV"E~~ity of Bakersfield CITY ATTORNEY .of t~e/Ci%y of Bakersfield