HomeMy WebLinkAboutRES NO 181-89RESOLUTION NO. 181-89
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAKERSFIELD
ORDERING JUDICI~L 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. 87-3)
WHEREAS, the City of Bakersfield ("City") has conducted special assess-
ment proceedings from time to time, resulting in the issuance and sale of impro-
vement 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, pursuant to the 1915 Act, the City has duly and regularly
issued and recorded the unpaid assessments, which assessments and each install-
ment 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,
due, and certain
future; and
certain assessments and installments have not been paid when
installments of those assessments may not be paid in the
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 prin-
cipal, 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 RESOLVED by the City Council of the City 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 ,~f 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 cer-
tified copy of this res,~lution 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.
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 OCT 1 1 1989 __ by the following
vote:
AYES:COUNC(LMEMBERS ANTHONY, DeMOND, SM~TH, RATTY PETERSON,~cDERMOTT, SALVAGGiO
ABSENT: COUNCILMEMBERS ~one
ABSTAIN: COUNCILMEMBER~: ]~ O iq- e
Council of the City of Bakersfield
APPROVED OCT 1. 1. 1989
OR of the City of Bakersfield
PRO TEMPORE
APPROVED as to form:
100289LR
CID OF BAF, ERgFIEL~
EXHIBIT R Gt:~E 1 of H
A'SSE!~JMENT DISTRICT N~ME:
87-3 $EWETTP~ ~EWERS
}]~L [ NOL~ENT
})ATE OF F~JSEb-'9(~NT
020-~10-1 i-~-~ ~91 i?il-88 /~171.C
O~O-2F:~O-37-~dO-8 I(F} 12-I 1
~i.~0-37-~-8 109 04 -1 l
0C~42"07 -<K~- 1 138 la-i 1-8,8 $174.3~
0~u0-84,~-07 -<)<)- 1 138
165~72-C~-<X)-4 355
~65-122-11-00-3 ~8~ i2-H-88 $17~. 30
165-I~2-! 1-03-$ 484 04 -11-83 $174.
165-101-12-00-7 5~7 12-ii-88
165-181-12-03-7 537 04 -I i
i76-i00~)3-00-6 73~ 12-i 1-88 $11 ~ '~78.67
176-100~3-<X)-8 724 04 -i 1-83 $i 1 ~ 978, 67
i76-100-45-00-2 725 i2-11
176-100-4§-03~ 725
176-i00~6-00-5 736
176 -100-4~-<~3--5 736 ~-I
176-I0.3~7-03-8 727 i3-11-88
176-100-47-'03-,8 7Cf7 04-11-83 $8~ 11~.. 13
176-100-48-00-I 7~8 1~-il-88 $8~ 11~. 14
1';~-100-48-03-1 7~8 04-11-83
405-<}40-1~-03-8 538 l~-i
405-~40-I£-03-8 598 04 -i 1
406-38i -10-<K~'-5 11 04-11-89 $422. '~7