HomeMy WebLinkAboutRES NO 19-98RESOLUTION NO. 9 - 9 8
A RESOLUTION ORDERING JUDICIAL FORECLOSURE
OF I)ELINQUENT ASSESSMENTS PURSUANT TO THE
IMPROVEMENT BOND ACT OF 1915, AND ORDERING
THAT THE TAX COLLECTOR BE CREDITEl) WITH THOSE
ASSESSMENTS. (A.D. 90-1)
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 (90-1) 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. 90~1, 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 o£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.
............... O00 ...............
1 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 FEB 2 5 19~
by the following vote:
NOES: COUNCILMEMBER
ABSTAIN: COUNCILMEMBER
ABSENT: COUNCILMEMBER
AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, MclYERMOTT, ROWLES, SULLIVAN, SALVAGGIO
{/"~,~u 0 ~k ~ rlr d[l~x Officio Cle~of the
Council of the City of Bakersfield
APPROVED ~F[,[~ g 5 1~8
MAYOR of the City of Bakersfield
Approved as to form:
JUDY SKOUSEN
CITY ATTORNEY
~b250Ol.res
ORIGINAL
EXHIBIT "A"
ASSESSMENT DISTRICT 90-1
DELINQUENT INSTALLMENTS
ASSESSOR'S
PARCEL NUMBER
493-020-14-00-1
493-251-21-00-5
493-211-02-00-8
493-062-04-00-8
493-242-35-00-0
493-212-04-00-1
493-282-02-00-6
493-211-01-00-5
493-201-07~00-0
493-203-01-00-6
493-201-05-00-4
493-201-06-00-7
493-203-02-00-9
493-203-03-00-2
493-203-06-00-1
493-203-08-00-7
493-203-09-00-0
493-203-10-00-2
493-203-11-00-5
493-204-01-00-3
493-204-04-00-2
493-205-05-00-2
493-214-17-00-3
493-261-17-00-7
493-204-03-00-9
462-202-02-00-6
493-201-08-00-3
493-113-27-00-6
493-284-04-00~6
493-121-02-00-2
462-032-13~00-9
KNOWN PROPERTY OWNER
AS OF DECEMBER 10, 1997
BAKERSFIELD INVESTORS TRUST
BRIAN & LESLIE HILL
BYBEE PATI JOHNSON FAMILY TRUST
CALLAHAN/PAYNE BROS
CENTEX REAL ESTATE CORP
DAVID & DIANA MC ELWAIN
DENNIS & LEONA BEEBIE
GARY STONE INC., ET AL
PROHASKA FAMILY TRUST
PURA FAMILY TRUST
RAY FRANCO PROPERTIES INC
FRANCO PROPERTIES INC
FRANCO PROPERTIES INC
FRANCO PROPERTIES INC
FRANCO PROPERTIES INC
RAY
RAY
RAY
RAY
RAY
RAY
RAY
RAY
RAY
RAY
RAY
FRANCO
FRANCO
FRANCO
FRANCO
FRANCO
FRANCO
FRANCO
PROPERTIES INC
PROPERTIES INC
PROPERTIES INC
PROPERTIES INC
PROPERTIES INC
PROPERTIES INC
PROPERTIES INC
RAY FRANCO PROPERTIES INC
RICHARD CLARK
RAY FRANCO PROPERTIES INC
SAMMYE A. RICHARDSON
TAMARA MC KINSEY
THOMAS & DOLORES SILVA
TONY A. CAREY
VALLEY LAND VENTURES INC
VISTA FINESTRA I LTD
ASSESSMENTS
DELINQUENT AS OF:
JUNE 30, 1997
14,909.27
299.45
466.78
593.25
100.04
266.34
24.41
552.98
379.74
379.74
379.74
379.74
379.74
379.74
377.54
415.68
379.74
379.74
379.74
440.36
379.74
401.86
440.36
76.84
379.74
39.68
379.74
39.61
27.73
79.94
10,423.40
34,532.40
P:~AD~O-1 DELQ .WB202/10/9811:53:45S.Mattern
ORDINAL