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HomeMy WebLinkAboutRES NO 3-96 SCLU ON NO. $ - 9 6 A RESOLUTION ORDERING JUDICXAL FORECLOSURE OF DELINQUENT ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS. (A.D. 91-1 Nosking Truck Sewer) WHEREAS, the City of Bakersfield ("City") has conducted special assessment proceedings from time to time, resulting in the issuance and sale of a improvement bonds pursuant to the provisions of the Improvement Bond Act of 1915 (California Streets and Highways Code Sections 8500 and following, hereafter referred to as the "1915 Act"); and WHEREAS, Assessment District (A.D. 91-1) were 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 A.D. 91-1 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, under the provisions of Section 8830 of the Streets and Highways Code of the State of California, the City Council is authorized to order the same to be collected by an action brought in the Superior Court to foreclose the lien of those assessments. 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 hand with the amount charged against him on account of the assessments to be sued on and to be relieved of further duty in regard thereto. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield as follows: Section 1. 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. Section 2. The City Attorney is hereby authorized and directed to retain special legal counsel to institute such actions in the name of the City to foreclose the liens of all such delinquent assessments. Section 3. The City's Treasurer/Finance Director, in cooperation and in conjunction with special counsel, 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 installments be collected by action brought in the of Kern County to foreclose the liens thereof; the delinquent Superior Court 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 hands with the amounts charged against him 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 forward to the City's special counsel. .......... 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 4AN I 0 ~ of by the following vo t e: AYES: COUNCILMEMBER [~MOND, CARSON, SMITH, McDERMOTt, ROWIES, SULLIVAN, SALVAGGIO NOES: COUNCILMEMBER ~ ABSTNN: COUNCILMEMBER ~[~ ~ ,ABSEN~ COUNCILMEMBER /~ I~g CI LERK an Ex Officio Clerk of the Council of the City of Bakersfield APPROVED JAN I u 1~6 BOB ~RICE MAYOR of the City of Bakersfield Approved as to form: /~ ~ th'e Ci~~ty of erstfie JUDY SKOUSEN CITY ATTORNEY of Bak ld srs D:RESO91-1 12/21/9§ EXHIBIT "A" ASSESSMENT DISTRICT 91 - 1 DELINQUENT INSTALLMENT OF APRIL 10, 1995 ASSESSOR'S PARCEL NUMBER 176-080-41-00-5 176-120-18-00-0 176-120-20-00-5 373-060-22-00-1 KNOWN PROPERTY OWNER AS OF APRIL 10, 1995 JAMES & PEGGY ROWLAND WKG INVESTMENTS WKG INVESTMENTS ROY & ANNETTE DEGEER PAGE ]. OF ]- TOTAL DELINQUENT ASSESSMENT 6,000.55 380.31 2,245.70 2,097.60 10,724.16