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HomeMy WebLinkAbout1994-02-08; City Council; 12579; PALOMAR AIRPORT ROAD ASSESSMENT DISTRICT NO. 86-1 DELINQUENT ASSESSMENTSDA BILL LI 1 - MTG. 02/08/94 RECOMMENDED ACTION: Adopt Resolution No. 94- q3 authorizing the firm of Brown, Diven & Hentschke to initiate a lawsuit to foreclose on property with delinquent assessments within the Palomar Airport Road Assessment District and directing the County Tax Collector to remove the delinquent amounts from the tax rolls. ITEM EXPLANATION: In 1988, the City of Carlsbad issued $5.1 million in bonds for the construction of certain public improvements to Palomar Airport Road. As part of the district formation and issuance of debt, Council covenanted with bondholders to initiate judicial foreclosure in the event of a delinquency and to commence the procedure within 150 days of the delinquency. The Palomar Airport Road Assessment District property owners are responsible for payment on the debt. Debt service funds and administrative fees are collected by the County Tax Collector through annual assessments placed on property tax bills. For the 1992-93 property tax year, one property owner, MorgWPalomar Industrial, is delinquent in the amount of $25,042, plus penalties and interest. In addition, the 1993-94 December 10 installment became delinquent in the amount of $26,798, plus penalties. The City has been in contact with the property owner through mail and by phone regarding the delinquency, and the property owner has been advised that the City is required to file a lawsuit to foreclose the special assessment lien against the property. We have not received payment to date, and therefore, staff is requesting authorization to retain the firm of Brown, Dhen & Hentschke, who will file suit to foreclose the liens on the property. As part of the foreclosure suit, the assessment will be taken off the County tax rolls. FISCAL IMPACT MorgarUPalomar Industrial is responsible for approximately 10% of the debt service. No other property assessments are delinquent. At present, adequate Palomar Airport Road Assessment District reserves exist for payment of debt service, and all debt service payments to bondholders are current. The delinquent property owner is responsible for all fees associated with the foreclosure after the suit has been filed. If delinquent assessments are paid prior to initiation of the lawsuit, costs will be funded by the Palomar Airport Road Assessment District administrative 1. Resolution No. 9 L/- q.? ordering judicial foreclosure and removal from the tax rolls of delinquent assessments. z 3 8 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 9 4 - 4 3 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 "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 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 /// /// j 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e WHEREAS, in the event of assessment delinquency, the City covenanted with bondholders to foreclose within 150 days of the delinquency; and 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 fkm 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. /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 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 8th day of - 1994, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finni NOES: None ABSENT: None ATTEST: - ALETHA L. RAUTENKRANZ, City Clerk ) (SEAL) 8 e < EXHIBIT "A" PALOMAR AIRPORT ROAD ASSESSMENT DISTRICX NO. 86-1 DELINQUENT PARCEL PROPERTY OWNER MORGAN/PALOMAR INDUSTRIAL DELINQUENCY DATE: APRIL 10,1993 APN#: 212-040-25-00 AMOUNT*: $51,840 * Amount is approximate; new penalties may have accrued since the last report from the County Tax Collector.