HomeMy WebLinkAboutAGENDA REPORT 1995 0607 CC REG ITEM 08JITEM 6•V•_
AGENDA REPORT
CITY OF MOORPARK
';ON•�1� � r�
TO:
FROM:
The Honorable City Counc.:l
Lillian E. Hare, City Clerk
I
DATE: May 22, 1995 (CC Meeting cf 6/07/95)
SUBJECT: CONSIDER ACTION BY PIPELINE COMPANIES TO RECOVER TAXES
LEVIED ON STATE ASSESSED PROPERTY INVOLVING PIPELINE
COMPANY RIGHTS OF WAY (CASE NOS.. CIV 1153745 AND
CIV 153457)
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 suits. 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 $25,420.18. In similar actions in the past,
the City has relied on the legal representation of the State or
County.
RECOMMENDATION
Receive and file the report.
Attachment: Letter from County Counsel
JAMES L. McBRIDE
COUNTY C()UNSF1
MELODIE M. KLEIMAN
CHII F ASSISTANT
COU'. IY C OU•NTSEL
FRANK O SIEH
I1iGATIC)N SuNER 'ISOR (COUNTY GOVT RNMENT Ct "vT+ t I )^,I Bit )ING
l0)OSOUTH VICI I
VFNTURA :ALI - 3;lllr+
'fLEPHONF �R
AX Ni(
May 8 1995
Lillian Hare
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
ASSISTANTS
Donald S Greenberg
Andrew B Gustafson
Donald 0 Hurley
Noel A Klebaum
Lawrence L Mathene,
Patricia Mr Court
Rntiin O McGrew
William C Moritz
Daniel I Murpr,�
1-on A Nemirofl
Robert,, R Orellana
V r_r 3.1 B Power,
Dennis L Slivinsk.
Leroy Smith
James '✓V Thom-
`v1ary C Ward
Wdaam A Waters
Re: Casitas Pipe Line Company v. County of Ventura, et al.;
Ventura County Superior Court Case No. CIV 1153745;
ARCO Pipe Line Company v. County of Ventura, et al.;
Ventura County Superior Court Case No. CIV 153457
Dear Ms. Hare:
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 each of 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.
The total requested refund from the County of Ventura (and
included cities) is $9,189.18 ( Casitas) and $16,231 (ARCO).
These cases cover only the 1989/1990 tax year. We anticipate
that in the future these plaintiffs will file similar suits for
the recovery of taxes for the 1990'1991, 1991/1992, and 1992/1993
tax years.
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.
Please note that pursuant to section 5148, subdivision (b)
any city receiving notice of such an action filed against the
board and the county may, within 31) 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 for either,
or both, cases.
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 nvelope.
Vei, truly yours,
i
06
LARENCE L. MATHEN
Assistant County Co nsel
LLM:bl
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Hare
Date.
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