HomeMy WebLinkAboutRES NO 96-90RESOLUTION NO. 96-90
A RESOLUTION OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ORDERING JUDICIAL FORECLOSURE OF
DELINQUENT ASSESSMENTS PURSUANT TO THE
IMPROVEMENT BOND ACT OF 1915, AND ORDERING
THAT THE TAX COLLECTOR BE CREDIT~o WITH THOSE
ASSESSMENTS. (A.D. 86-2A)
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 o~ 1915 (California
Streets and Highways Code Sections 8500 and following, hereafter
referred to as the "1915 Act"); and
WHEREAS, Assessment District 86-2A 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. 86-
2A, 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 acco~lnt of the
assessments to be sued on and to be relieved of fulther duty in
regard thereto.
ORIGINAL
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 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
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 2U[ ~ ~ 1§§0 by the
following vote:
AYES; COUNCILMEMBERS: EDWARDS. D.eI~OND. SMITH, BRUNNI, PETERSON. McDERMOTT. SALVAGGtO
NOES; COUNCILMEMBERS:
ABSENT COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS'
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROV/~D ',~UL ~- ~ 1990
.
MAYOR of tke City of Bakersfield
APPROVED as to form:
CITY ATTO~RNEY~f t/~e C;ty offBakersfield
AJS/lg
Attachments
06/29/90
AD862A.RES
ORIGINAL
EXHIBIT "A"
ASSESSMENT DISTRICT 86-2A
ASSESSOR'S
PARCEL NUMBER
ASSESSMENT
NUMBER
DATE OF
DELINQUENCY
~DELINQUENT
INSTALLMENT
AMOUNT
369-030-02-02-2
70 04-11-90 $6,541.06
AD862A.RES