HomeMy WebLinkAboutRES NO 149-93RESOnU? OM .0. 1 4 9 * 9 3
A RESOLUTION ORDERING JUDICIAL FORECLOSURE
OF DELINQUENT ASSESSMENTS PURSUANT TO THE
IMPROVEMENT BOND ACT OF 1915, AND ORDERING
THAT THE TAX COLLECTOR BE CREDITED WITH THOSE
ASSESSMENTS. (JEWETTA TRUNK SEWER ASSESSMENT
DISTRICT 90-1)
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 90-1 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 A.D. 90-1,
which assessments and each installment thereof and 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 assessment 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, this City
Council is authorized, not later than four (4) years after the due
date of the last installment of principal, 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.
ORIGINAL
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 Treasure/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 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 hands with the amounts charged against him on
account of the Assessments to be sued upon and is to be relieved of
further duty and regard thereto; and
c. All inquiries regarding payment of the delinquent
assessments shall be forwarded to the City's special counsel.
.......... o0o ..........
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 the 8th day of September, 1993 by the
fol 1 owing vote: AYES: COUNCILMEUBERS ~, EDWAR0$, DeMOND, ~BRUNNI, ROW~E$, ~ALVAGGIO
NOES: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
ABSENT; OOUNGILMEMBER~ r*Y~ D~ ~,~.~o~"
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED $~p 0 $ ~
BOB PRICE
MAYOR of the City of Bakersfield
A~oved as to form:
CITY ATTORNEY
krc
D:BONDACT
08/26/93
ORIGINAL
EXHIBIT "A"
/~8.,~ENT DI~I HIC'I' NAME: A.D. g0--1 JE'~i I k TRUNKUNE EXTE]~
DEUNQUENT
ASSESSOR'8 A..qSE88M ENT DATE OF ABSEnt, BENT
PARCEL NUMBER NUMBER DELINQUENCY AMOUNT
360-140-22-00-0 152 12-10-92 8,492.13
360-140-22-00-0 152 04-10-93 8,492.12
360-362-06-00-9 72 12-10-92 95.07
360-352-06-00-9 72 04-10-93 95.07
360-371-04-00-2 110 04-10-93 108.37
380-371-09-00-7 11 $ 04~ 10-93 92.24
360-372-0 1-00-0 124 04-10-93 120
380-372-02-00-3 125 04-10-93 118.45
360--372-04-00-9 127 04-10-93 106.42
360-373-02-00-0 129 04-10-93 93.71
462-030-50-00-2 26 04-10-93 3,333.85
360-130-44-00-1 15~ 12-10-92 4,637.69
360-130 ~?. 00-1 166 04-10-93 4,637.89
30,422.86
ORIGINAL