HomeMy WebLinkAboutRES NO 091-18RESOLUTION NO. 0 91- 18
A RESOLUTION ORDERING JUDICIAL FORECLOSURE
OF DELINQUENT ASSESSMENTS WITHIN ASSESSMENT
DISTRICT NO. 05-1 PURSUANT TO THE IMPROVEMENT
BOND ACT OF 1915, AND ORDERING THAT THE TAX
COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS.
WHEREAS, the City of Bakersfield ("City") has conducted special assessment
proceedings from time to time, resulting in the issuance and sale of improvement
bonds pursuant to the provisions of the Improvement Bond Act of 1915 (California
Streets and Highways Code Section 8500 and following, hereafter referred to as
the "1915 Act'); and
WHEREAS, Assessment District No. 05-1 (herein "AD 05-1") was created
pursuant to the 1915 Act; and
WHEREAS, pursuant to the 1915 Act, the City has duly and regularly issued
and recorded the unpaid assessments in AD 05-01, which assessments and each
installment thereof with interest and penalties thereon constitute liens against the
lots and parcels of land against which they are made, until the same are paid;
and
WHEREAS, certain assessments and installments have not been paid when
due, and certain installments of those assessments may not be paid in the future;
and
WHEREAS, pursuant to the provisions of Section 8834 of the Streets and
Highways Code of the State of California ("Streets and Highways Code"), the City
Council of the City of Bakersfield ("City Council"), acting in its capacity as the
legislative body of the AD 05-01 is authorized to order that a foreclosure action
be brought to collect the delinquent assessments due against the properties
within the Assessment District; and
WHEREAS, the City has covenanted to bondholders to institute judicial
foreclosure proceedings pursuant to the provisions of Section 8830, et seq. of the
Streets and Highways Code; and
WHEREAS, under the provisions of Section 8833 of the 1915 Act, when such
foreclosure action is ordered, the County Tax Collector is to be credited upon the
assessment roll then in his or her hand with the amount charged against him or
her on account of the assessments to be sued on and to be relieved of further
duty in regard thereto; and
WHEREAS, the City Council acting in its capacity as the legislative body OfAke
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ORIGINAL.
the AD 05-01 has determined that public convenience and necessity require
prompt action at the City Council's discretion, to initiate foreclosure proceedings:
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Bakersfield as follows:
The above recitals are true and correct
2. The City hereby orders that the delinquent assessments listed on
Exhibit "A" attached hereto and incorporated herein, and all future
installments of those assessments which are not paid when due, be
collected by action brought in the Superior Court of Kern County to
foreclose the liens thereof.
3. The City Attorney is hereby authorized and directed to institute such
actions in the name of the City to foreclose the liens of all such
delinquent assessments.
4. The City's Finance Director, or his designee, in cooperation and in
conjunction with the City Attorney is authorized and directed to
transmit a certified copy of this resolution to the Auditor/Controller's
Office of the County of Kern with a letter stating that:
a. The City Council has ordered that the delinquent installments be
collected by action brought in the Superior Court of Kern County
to foreclose the liens thereof;
b. Pursuant to Streets and Highways Code Section 8833, the Kern
County Tax Collector is to be credited upon the assessment roll
then in his or her hands with the amounts charged against him or
her on account of the Assessments to be sued upon and is to be
relieved of further duty in regard thereto; and
c. All inquiries regarding payment of the delinquent assessments
shall be forwarded to the City's Finance Director.
ORIGINAL
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
JUL 1 81018 by the following vote:
AYES: COUNCILMEMBER RI�VERA GONZALES, WEIR, SMITH, FREEMAN, SULLIVAN, PARLIER
NOES: COUNICLMEMBER ONC,
ABSTAIN: COUNCILMEMBER f�S
ABSENT: COUNCILMEMBER�
APPROVED JUL 181018
BY
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By
JOSHUA H. RUDNICK
Deputy City Attorney
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Attachment- Exhibit A
CHRIS�GERR�g
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
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ORIGINAL
City of Bakersfield
EXHIBIT
A
CITY IN THE HILLS
Delinquency Detail
Report
Late Charges Calculated
Through:
06/26/2018
Amount
Penalties
Fees (l)
Total
ACcountlD
Owner
Account Subtotal:
$775.78
$77.58
$0.00
$853.36
531-091-02-00
CASTEEN WILLIAM
Account Subtotal:
$584.40
$58.44
$0.00
$642.84
531-101-06-00
SELGRATH RONALD JOHN REV TRUST
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-161-11-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-161-12-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-161-13-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-161-14-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-161-15-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-161-16-00
PROMOTDRA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-161-17-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-162-04-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-162-05-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-162-06-00
PROMOTORA
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-170-39-00
PROMOTORA
Account Subtotal:
$292.20
$29.22
$0.00
$321.42
531-210-18-00
NORTON FAM TR
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-300-46-00
JEREMY WILLER CON5TR INC
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-300-47-00
JEREMY WILLER CONSTR INC
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-300-48-00
JEREMY WILLER CONSTR INC
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-300-49-00
JEREMY WILLER CONSTR INC
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-300-53-00
JEREMY WILLER CONSTR INC
Account Subtotal:
$402.30
$40.23
$0.00
$442.53
531-300-56-00
JEREMY WILLER CONSTR INC
$8,491.48
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14
RESOLUTION NO. 092— 8
A RESOLUTION DETERMINING THAT CERTAIN GLOBE®
TURNOUT CLOTHING AND BOOTS CANNOT BE REASONABLY
OBTAINED THROUGH THE USUAL BIDDING PROCEDURES
AND AUTHORIZING THE FINANCE DIRECTOR TO DISPENSE
WITH BIDDING THEREFOR, NOT TO EXCEED $128,500.
WHEREAS, the City of Bakersfield is in need of Globe® Turnout Ensembles for
replacement purposes;
WHEREAS, the City Fire Department has standardized on Globe@ brand
turnout clothing and boots and they desire to continue using the Globe@ brand
products because of the excellent track record and acceptance as a standard
within the City of Bakersfield ; and
WHEREAS, the City desires to integrate the Globe@ turnout clothing and boots
with existing Globe@ turnout clothing and boots; and
WHEREAS, L. N. Curtis & Sons is the sole distributor for the state of California for
the sale of Globe@ Turnout Clothing and Boots; and
WHEREAS, the Fire Chief recommends the Council find that said Globe@
Turnout Clothing and Boots can only be reasonably obtained from L. N. Curtis &
Sons, and the need to integrate the product into existing firefighter turnout
ensembles, recommends that the Council authorize dispensing with bidding
requirements in accordance with subsection D.2 of Section 3.20.060 of the
Bakersfield Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as
follows:
The above recitals are true and correct and incorporated herein by
reference.
2. The Council hereby finds that the purchase of Globe@ Turnout Clothing
and Boots can only be reasonably obtained from one supplier (L. N. Curtis & Sons)
for the reasons set forth above.
3. The Finance Director is authorized to dispense with bidding therefor in
accordance with Subsection D.2 of Section 3.20.060 of the Bakersfield Municipal
Code and to negotiate the purchase of some, not to exceed $128,500.
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HEREBY CERTIFY that the foregoing Resolution was passed and
adopfeJUL)%2010ouncil of the City of Bakersfield at a regular meeting thereof held
on , by the following vote:
✓ ✓ ✓
AYES: COUNCILMEMBER. RtVERA, GONZALES, WEIR, SMITH. FREEMAN, SULLIVAN, PARLIER
NOES: COUNCILMEMBER-
ABSTAIN: COUNCILMEMBER: Np
ABSENT: COUNCILMEMBEIR
IAAV
CITY CLERK AND EX OFFICIO of the
Council of the City of Bakersfield
APPROVED JUL 181018
B A4✓
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
JOSHUA H RUDNICK
Deputy City Attorney
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