HomeMy WebLinkAboutRES NO 13-89RESOLUTION NO. ~3-89
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. 86-5)
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 ot 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 ot 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 ot the City
to foreclose the liens of all such delinquent assessments.
SECTION 3. The CityIs 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 ot the County
of Kern with a letter stating that:
a. The City Council has ordered that the de}inquent 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 shal~
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 Janu~'y 18, 1989 by the following
vote:
AYES: COUNCILM£MBERSt CHILDS, ~e,,MI)NO, SMITH. ~T~. ~$ON, McOERMO~ ~ALYAG~10
NOES: COUNCILMEMBERS: ~one
ABSENT: COUNCILMEMBERS: None · ~ ~
CITY CL
Council of the City of Bakersfield
APPROVED Janua~y 18, 1989
MAYOR of the ,~ Bakersfield
APPROVED as to form:
//CITY A TO~.~Y o~th~y~ ~ B:~kersfield
5RESIGNPG
EXHIBIT A
Assessment District Name: Annexed Sewer Area 86-5
DELINQUENT
ASSESSOR'S ASSESSMENT DATE OF INSTALLMENT
PARCEL NO. NO. DELINQUENCY AMOUNT
440-122-21-00-8
440-122-21-00-8
441-094-15-00-4
~71-092-02-00-2
~71-092-02-00-2
413-043-13-00-1
413-043-13-00-1
70 12-11-87 135.28
70 04-11-88 135.28
238 04-11-88 135.27
332 12-11-87 135.28
332 04-11-88 135,27
367 12-11-87 135.28
367 04-11-88 135.27
LR-S013.4