HomeMy WebLinkAboutAGENDA REPORT 1994 0216 CC REG ITEM 08IAGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Lillian E. Hare, City Clerk
DATE: February 8, 1994 (CC Meeting of 2/16/94)
ITEM o •_•
SUBJECT: CONSIDER ACTION BY PIPELINE COMPANIES TO RECOVER TAXES
LEVIED ON STATE ASSESSED PROPERTY INVOLVING PIPELINE
COMPANY RIGHTS OF WAY.
BACKGROUND
County Counsel has advised the City that the County of Ventura has
been named as a defendant in action to recover taxes levied on
state assessed property. The City may be affected but the County
has not yet been able to confirm the location of the parcel numbers
involved.
It is anticipated that the attorney general's office will be, in
effect, representing a number of counties, including the County of
Ventura in these suit. Pursuant to Section 5148, subdivision (b),
of the Revenue and Taxation Code, any city receiving notice of the
action filed against the State Board of Equalization and the County
may, within 30 days of the receipt of notice, intervene in that
action. Upon our request, the County will furnish us with copies
of the summons and complaint.
The total amount of the requested refund from the County (and
included cities) is $87,382.64.
RECOMMENDATION
Receive and file the report.
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JAMES L. McBRIDE
COUNTY Cr)L,NSLI.
MELODIE M. KLEIMAN
(;HIF I ASSISTANT
-- COUNTY COUNSEL
FRANK O. SIEH
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January 25, 1994
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
ASSISTANTS
Donald S Greenberg
Andrew B G,statsoli
Donalo 0 rlurley
No"I A Klebaum
Lawrence I Vatheney
Patricia MCCOw't
Poh.n 'J McGrew
Wham C Monu
Da'li P,: .; Murphy
Lori A. Nemrn!t
Pober'o P. Oreilana
M -chae, B Powe,s
t.lenn ti L S' v nsk
Leroy Sm th
Jamr-s W Tnconws
Mar; C Warn
W: rr A. Wate"'
Re: Shell Oil Company v. California State Board of
Equalization, et al., Los Angeles County Superior Court
Case No. 095616
Mobil oil Corporation v. California State Board of
Equalization, et al., Los Angeles County Superior Court
Case No.-8C 095617
Union Oil Company of California v. California State
Board of Equalization, et al., Los Angeles County
Superior Court Case No. BC 095618
Mobil oil Corporation v. California State Board of
Equalization, et al., Los Angeles County Superior Court
Case No. BC 095619
Shell California Pipe Line Company v. California State
Board of Equalization, et al., Los Angeles County
Superior Court Case No. BC 095620
Dear Ms. Kellerman:
Pursuant to Revenue and Taxation Code section 5148, subdivi-
sion (b), as added by Chapter 1262, Statutes of 1987 (AB 2120),
you are hereby advised that the County of Ventura has been named
as a defendant in the above - referenced actions to recover taxes
levied on state assessed property. Your city may be affected,
but we have not yet been able to confirm the location of the
parcel numbers used by the State Board of Equalization. Please
note that the of tal requested refund for all cases from the
County of Ventura (and included cities) is $87,382.64 for the
1989 -1990 tax year.
RECEIVED —
As 2 7 1994
City of Moorpark
Each of these cases involves a dispute concerning the
assessment by the State Board of Equalization of pipeline company
rights of way. The counties through which intrastate pipelines
run are in the process of meeting with industry representatives
in an effort to settle all such disputes. These filings are
anticipated to be protective only, so that the 1989 -1990 refund
rights can be included in the consideration of a negotiated
settlement.
Revenue and Taxation Code section 5148 requires that service
of the summons and complaint in this type of property tax refund
action be made only upon the State Board of Equalization and that
the Board, in turn, notify counties who will notify cities of the
pending action.
A representative of the Board of Equalization was served
personally with summons and complaint in this matter on Decem-
ber 29, 1993. Please note that pursuant to section 5148,
subdivision (b), any city receiving notice of the action filed
against the board and the county may, within 30 days of the
receipt of this notice, intervene in that action. Upon your
request, we will furnish you with copies of the summons and
complaint.
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and returning it to us in the
enclosed self- addressed, stamped envelope.
er my o ,
LAWRENCE L. MA Y
Assistant County ounsel
LLM:jo
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Date:
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