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HomeMy WebLinkAboutRES NO 178-89RESOLUTION NO. 178-89 RESOLUTION OF THE CITY 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 CREDITED WITH THOSE ASSESSMENTS. (A.D. 81-1) 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, 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 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 crdered, 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 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 cer- tified 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. I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the 1Cil~9of Bakersfield at a regular meeting thereof held on OOT 1 by the following vote: AYES: COUNCiLMEMBERS: ANTHONY, Q~MOND, SMITH, RATTy, PEARSON. McDERM~, SALVAG~ ABSENT: COUNC~LMEMI~ERS No~e CITY CLERK and ~x Officio Clerk of t~e Council of the City of Bakersfield APPROVED OCT 1 I 1989 MAYOR of the City of Bakersfield PRO TEMPORE APPROVED as to form: 100289LR C~T¥ OF BA~£RSFIELD EXHIBIT A (PAGE 1 of 3) EXHIBI1 A (PAGE 2 of 3) 4I 3-11 i'-34 -00'a~ 'u'36-00~ J i2-11-88 ti106.38 4I$-I 11-2~-4~-~ 006-~041 04-11-,89 $106.37 413-111'-,..~5-00-2 006-004~. 0~-11-~ $106. 37 ~13-111 ~--00-5 006-0043 1~-11'-88 $106.38 413-111 -.?fi-40-5 006-004 ~'~ 04-il-89 413-I i1-27--03-8 0'~-0044 13-il-B8 413-111 -~?'4.K)-8 006~0044 0~-11-89 $106.37 413-i I J-F~8"OO-I 006'<~045 12-11-88 413-111-~8-~-1 0'06 '43v34 =J 04-1I-8'3 $106.37 4i3-I 11 ~.~-~0-4 0~-00'i6 04-11-B9 $106.37 413-111-~-00-6 006-0<)47 1~-11-88 $106.38 413-111-,30'40-6 006-0<:47' 04-11-89 $106.37 413-I 11-31-~-~ 006-x5048 04-11-8~ ~13-1 ii-32-<~0-3 006-0049 i~-ii-'88 $106.38 413-I I i-,32-4)0'-2~ 006-3045' 04-11-89 ~i3-I 1 i-33-'00'-5 006~3(1Z(3 i~-ii'-88 413-111-33-00-5 006"00Z(; 04-11-8~ S106, 37 ~ I S-I 11 -.]4-'00-8 006-<K)5 i i2-il-B8 41,.]-1 i 1-,]4-'00-8 OOf-d<)Z I (~-I 1-89 $106.37 %13-11 l-,.~-03-i '005q~356~ IF:-I 1-88 $i06.38 413-I 1 i-35"00-1 O06-<_3OZS 04-11-8'3 $106.37 ~15-111-3fi'-(~-4 (g,'f~dOS 3 la-1i-~ J3106. ',38 ~ 13-i l 1-36'-03-4 006-x30:~ 3: 04 - 11-8'3 413-111-37-6K~-? O[~6~({ZA 12-11-8~ 413-1i i-3~-<X)-7 (Xq6-,O<~4 04-11-8~ ti06. 37 ~i3-111-38'4J0-0 0~6-0055 12-tl-88 $106,38 413-111-38'40-0 006'0055 04-li-89 4i3-i I 1-39"00-3 006 -",K~6 1~-11"88 $106.$8 ~13-111-~-'~-~-3 OO6-<JOS~ 0~-I 1-89 $106.37 413-111'40-00-5 006-~k~57 12-11-'88 $106.38 413-111-40-00-5 006-0057 0~-i l",ff~ $106.37 413-I i 141 ~30"8 0~-<ff,58 12-11-~ $106.38 413-111-41-03-8 036-0058 04-114~ $106.,37 413-i 1i-42-0<~-1 06~ -0<:~,) 1 12-11-~ $106.38 413-1 i i-43~3'3-4 (~:~ -00<'>~ 12-1i-88 $106.38 q 13-i I 1-43-0,3-4 006-00<~3 04-1 I'-89 $106,37 % 13-112-+3i ~dO-'3 O06~dO, J3 12-11-~8 $i06.38 ~ 13-I l;?<~-(~O.-~ 006-000~ 12-iI-8~ $106.38 413-11243-&~)--5 0064J05 04-1149 $I06.37 413-11,:'-04~3,3-B OOfi-<ff)05 1~-i I"~ 4 I3-112-~4-KK)-,fl 006-(K)05 04-I 1-~3'3 CITY OF [~A~ERgFIELD (PAGE 3 of 3) ~Si~ENT DISTRICT N~E: A.D. 81-1 FAIRVIEW D6LINUd6NT ~S'JEb%l]R' S ~b'SESSM6 NT I~)TE ~ I~T~ ~ ~. ~, ~LI~Y ~T ............................................................