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