HomeMy WebLinkAbout1994-09-27; City Council; Resolution 94-273i
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RESOLUTION NO. 94-273
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING JUDICIAL FORECLOSURE
MENT BOND ACT OF 1915, AND ORDERING THAT THE TAX
COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS
OF DELINQUENT ASSESSMENTS PURSUANT TO THE IMPROVE-
WHEREAS, the City of Carlsbad ("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 "1 91 5 Act"); and
WHEREAS, pursuant to the 191 5 Act, the City has duly and regularly
issued and recorded the unpaid assessments, which assessments and each
installment 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
Highway 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 principal, to order
the same to be collected by an action brought in the superior court to foreclose
the lien of those assessments; and
WHEREAS, in the event of assessment delinquency, the City covenanted
with bondholders to foreclose within 150 days of the delinquency; and
Ill
Ill
*
Y
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0 0
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 of
Carlsbad, California, as follows:
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 San Diego County to foreclose the liens thereof.
2. The firm of Brown, Diven & Hentschke is hereby retained as special
legal counsel and is authorized and directed to institute such actions in the name
of the City to foreclose the liens of all such delinquent assessments.
3. The City's Finance Director, in cooperation and in conjunction with
special counsel, is authorized to remove delinquent assessments from the San
Diego County tax records.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council on the 27th day of SEPTEMBER , 1994, by the following vote, to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnil
NOES: None
ABSENT: None
ATTEST:
(SEAL)
0 0
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EXHIBIT "A"
PALOMAR AIRPORT ROAD ASSESSMENT DISTRICT NO. 86-1
DELINQUENT PARCEL
PROPERTY OWNER: MORGANjPALOMAR INDUSTRIAL
DELINQUENCY DATE: DECEMBER IO, 1993
APN#: 21 2-040-25-00
AMOUNT*: $60,563
* Amount is approximate; new penalties may have accrued since the last report from
the County Tax Collector.