HomeMy WebLinkAboutRES NO 152-94 SOLUTION NO. 1 $ 2 ' 9 4
A RESOLUTION O~DENING JUDICIAL 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. 90-1 JEWETTA TRUNKLINE)
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 Districts (A.D. 90-1) 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. 90-1,
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 HEP~BY CERTIFY that the foregoing Resolution was passed
and adopted by the Council of th~City of Bakersfield at a regular
meeting thereof held on SEP u~ ~q~ of by the following
vote:
A~mlN: COUNCILMEMBE~ ' {i~('~-\ (3 ,
A~ENT: COUNCI~EMBER$ ~, \ ( ~' ~ C
CItY C~RK and Ex O~f±cio Clerk of the
Council of the City of Bakersfield
APPROVED
$EP o ? 199 .
BOB PRICE
MAYOR of the City of Bakersfield
Approved as to form:
JUDY SKOUSEN
CITY ATTORNEY
krc
D:RESO86-91
O /lO/ 4
EXHIBIT "A"
PAGE t OF ~
ASSESSMENT DISTRICT NAME: A.D. 90-1 JEWEI-rA TRUNKLINE
TOTAL
ASSESSOR'S ASSESSMENT 04/11/94 DELINQUENT
PARCEL NUMBER NUMBER INSTALLMENT ASSESSMENT
360 - 140 - 24-00 - 6 154 4,923.17 4,923.17
360-352-01-00-4 67 69.82 69.82
360-371-03-00-9 109 82.89 82.89
360-371 - 12-00-5 118 85.70 85.70
360-376-01-00-8 143 81.37 81.37
360 - 376 -06 -00 - 3 148 69.09 69.09
360 - 414,- 18 -00 - 5 207 110.52 110.52
360 - 414 - 20 -00 - 0 209 166.92 166.92
360-414--22-00-6 211 99.88 99.88
462 - 030 - 58 - 00 - 6 491 1889.4.9 1,889.49
462-193- 24`-00- 5 1108 1,559.61 1,559.61