HomeMy WebLinkAboutRES NO 002-05RESOLUTION NO. 0 0 2 - 0 5~
A RESOLUTION 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. 86-2)
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 (86-2) 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 86-2, which assessments and each installment
thereof with 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, the City Council is authorized 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 hand 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 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 Kem 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
by the following vote:
NOES:
ABSTAiN:
ABSENT:
Councilmember Carson, Benham, Maggard, Couch, Hanson, Sullivan, Scrivner
Councilmember
Councilmernber
Councilmember
CITY CLERK and Ex Officio Cler~6f the
Council of the City of Bakersfield
APPROVED
Approved a~)o
Vii~Gi~iA/(~ENNAR~)
CITY AW'I~RNEY
STATE OF CALIFORNIA)..
County of Kern)..
I, Pamela A. McCarthy, City Clerk of the City of Bakersfield, State of
California, hereby certify the foregoing and annexed to be a full, true and
correct copy of the original
on file in this office and that I have compared the same with the original.
WITNESS my hand and seal this day of 20
Pamela A. McCarthy, City Clerk
By.
City Clerk
By
Deputy City Clerk
S :\Corey~Delinq\8 6-2Resolution. DOC
EXHIBIT "A"
ASSESSMENT DISTRICT 86-2
DELINQUENT INSTALLMENTS
ASSESSOR'S
PARCEL NUMBER
KNOWN PROPERTY OWNER
AS OF DECEMBER 1, 2004
452-180-04-00-0
Meany Partners LLC
86-2
ASSESSMENTS
DELINQUENT AS OF:
JUNE 30, 2004
$ 39,030.75
$ 39,030.75 .
S:\Corey~Delinq\86-2Resolution. DOC
ORIC:;NAL