HomeMy WebLinkAbout1997-04-01; City Council; Resolution 97-4221 . e 0
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RESOLUTION NO. 97-422
RESOLUTION ORDERING FORECLOSURE ACTIONS
TO FORECLOSE THE DELINQUENT SPECIAL
ASSESSMENT LIENS AND ORDERING THE
RECORDATION OF A NOTICE OF INTENT TO
REMOVE DELINQUENT SPECIAL ASSESSMENT
INSTALLMENTS FROM THE TAX ROLL; ORDERING
ACTION TO TRANSMIT TO THE COUNTY
DOCUMENTS NECESSARY TO CREDIT THE SAN
DIEGO COUNTY TAX COLLECTOR OF FURTHER
DUTY THERETO IN ASSESSMENT DISTRICT NO. 85-
02.
WHEREAS, the City Council of the City of Carlsbad,
California, did previously undertake proceedings to and did establish an
assessment district pursuant to the provisions of the “Improvement Bond
Act of 1915” (“191 5 Act”) found in California Streets and Highways Code
section 8500 and following; and
WHEREAS, the City of Carlsbad did previously issue special
assessment bonds pursuant to the 1915 Act to finance public
improvements; and
WHEREAS, pursuant to the 191 5 Act, the timely collection of
the special assessment installments are necessary for the timely
payment of all principal and interest on the special assessment bonds
and each special assessment levy 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 special assessments have not been paid
when due, and certain special assessments may not be paid in the
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future; and
WHEREAS, the City of Carlsbad has covenanted with the
owners of the special assessment bonds to commence and diligently
pursue foreclosure actions against those parcels of land subject to the
delinquent payment of special assessments; and
WHEREAS, under the provisions of Section 8834 of the
Streets and Highways Code of California, this City Council is authorized,
not later than four years after the final maturity of the special
assessment bonds, to order the same to be collected by an action
brought in the superior court to foreclose the liens of the delinquent
special assessments; and
WHEREAS, under the provisions of Section 8833 of the
Streets and Highways Code of California, when such foreclosure actions
are ordered, the county tax collector is to be credited upon the tax roll
with the amount charged against the tax collector on account of the
delinquent special assessments to be sued on and to be relieved of
further duty in regard thereto and a Notice of Intent to Remove
Delinquent Special Assessment Installments from the Tax Roll is to be
recorded with the county recorder’s office in the county in which the real
property is located;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Carlsbad, California as follows:
SECTIONI. The City Council hereby orders that the
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delinquent payments of special assessments with respect to those
parcels identified on “Exhibit A’ attached hereto and incorporated herein,
and all subsequent delinquent special assessments with respect to
those parcels which are not paid when due, be collected by action
brought in the Superior Court of San Diego County to foreclose the liens
thereof.
SECTION 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 special assessments.
SECTION 3. The City Council hereby orders that the
Finance Director, in cooperation and in conjunction with special counsel,
is authorized and directed to prepare and cause to be recorded with the
San Diego County Recorder a Notice of Intent to Remove Delinquent
Assessment Installments from the Tax Roll.
SECTION 4. The City Council hereby orders that the
Finance Director, in cooperation and in conjunction with special counsel,
is authorized and directed to transmit a certified copy of this Resolution
to the San Diego County AuditorlController‘s office together with such
other documents and the payment of such fees as is necessary or
appropriate to credit the San Diego County Tax Collector upon the tax
roll with the amounts charged against the San Diego County Tax
Collector on account of the delinquent special assessment installments
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to be sued upon and to relieve the San Diego County Tax Collector of
further duty in regards thereto.
PASSED, APPROVED AND ADOPTED at a regular meeting
of the City Council of the City of Carlsbad, California, held on the 1st
- day of April , 1997, by the following vote:
AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
NOES: None
ABSTAIN: None
ABSENT: None
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ATTEST:
ALETHA L. R
(SEAL)
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EXHIBIT “A’
COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 85-2
DELINQUENT PARCELS
PROPERTY OWNER:
DELINQUENT DATES:
ASSESSOR’S PARCEL NO.:
DELINQUENCY:
YT PARTNERS LP
12/10/95, 4/10/96, 12/10/96
21 2-1 20-02-00
$ 12,647.35 + additional
interest and legal costs
PROPERTY OWNER:
DELINQUENT DATES:
ASSESSOR’S PARCEL NO.:
DELINQUENCY:
EDWARD A NEFF
4/10/96, 12/10/96
21 2-1 20-01-00
$ 6,861.49 + additional
interest and legal costs