HomeMy WebLinkAboutRES NO 97-90RESOLUTION NO. 97-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIR~.~ ORDERING JUDICIAL FORECLOSURE OF
DELINQUENT ASSESSMENTS PURSUANT TO T~U~
IMPROVEMENT BOND ACT OF 1915, AND ORDERING
THAT THETAX COLLECTOR BE C~RnITEDWITHTHOSE
ASSESSMENTS. (A.D. 87-2)
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 Sections 8500 and following, hereafter referred to
as the "1915 Act"); and
WHEREAS, Assessment District 87-2 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. 87-2,
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 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, 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
hands 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 RESOL~/~D 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 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 in regard thereto; and
¢. 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 JU~ 1 1 199~ by the following
vote:
AYES; COUNCILMEMBERS: EOWARO$, Oe~OND, SMITH, BRUNNI, PETERSON, McDERMOTT, SALVA(~GI0
NOES; COUNCILMEMBERS:
ABSENT COUNCiLMEMBERS:
ABSTAIN: COUNCILMEMBERS'
Council of the City of Bakersfield
the
APPROVED JUL 1 ! 1990
CLARENCE E. MEDDERS
MAYOR of the City of Bakersfield
APPROVED a~S to form:
ARTHUR J. SkA~FIEL~
CITY AT~ORNE~ of ~he~ity of Bakersfield
AJS/lg
Attachments
06/29/90
AD872.RES
ORIGINAL
EXHIBIT "A"
ASSESSMENT DISTRICT 87-2
ASSESSOR'S
PARCEL NUMBER
167-010-31-00-9
167-010-31-00-9
167-010-32-00-2
167-010-32-00-2
ASSESSMENT
NUMBER
13
13
14
14
DATE OF
DELINQUENCY
12-12-89
04-11-90
12-12-89
04-11-90
DELINQUENT
INSTALLMENT
AMOUNT
$6,920.93
6,920.93
5,147.10
5,147.09
AD872.RES
ORIGINAL