HomeMy WebLinkAbout1995-06-13; City Council; 13176; College Blvd AD No. 85-02 Delinquent Assessmentsp
Y
d f 8
CV--- OF CARLSBAD - AGEN-4 BILL s-@ Q, ll% _- .
AB# i3:/70 TITLE:
MTG. 6/l 3/95 COLLEGE BOULEVARD ASSESSMENT DISTRICT
DEPT. FIN NO. 85-2 DELINQUENT ASSESSMENTS
RECOMMENDED ACTION:
Adopt Resolution No. 4 5- j 50 authorizing the firm of Brown, Diven & Hentschke to
initiate a lawsuit to foreclose on property with delinquent assessments within the
College Boulevard Assessment District and directing the County Tax Collector to
remove the delinquent amounts from the tax rolls.
ITEM EXPLANATION:
In 1986, the City of Carlsbad issued $9.5 million in bonds for the construction of
College Boulevard. 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
College Boulevard 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.
There are two property owners currently delinquent for the property tax year 1994-95
in excess of $27,000, including penalties. The Finance department has contacted the
property owners in writing and by phone, however, taxes remain unpaid. Staff is
requesting authorization to retain the firm of Brown, Diven & Hentschke, who will file
suit to foreclose the liens on the properties. As part of the foreclosure suit, the
assessments will be taken off the County tax rolls.
FISCAL IMPACT:
YT Partners LP and Rancon Financial are-responsible for approximately 2.8% of the
debt service. At present, adequate College Boulevard Assessment District reserves
exist for payment of debt service, and all debt service payments are current.
The delinquent property owners are 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 College Boulevard Assessment
District administrative fees.
EXHIBITS:
1. Resolution No, 95- I SO ordering judicial foreclosure and removal from the
tax rolls of delinquent assessments.
2. Map of College Boulevard Assessment District and delinquent parcels.
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
RESOLUTION NO. 95-150
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING JUDICIAL FORECLOSURE
OF DELINQUENT ASSESSMENTS PURSUANT TO THE IMPROVE-
MENT BOND ACT OF 1915, AND ORDERING THAT THE TAX
COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS
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
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
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
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 mday of JUNE , 1995, by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST:
3
,A--.
EXHIBIT “A”
COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 85-2
DELINQUENT PARCELS
PROPERTY OWNER:
DELINQUENCY DATES:
ASSESSOR’S PARCEL NUMBER:
DELINQUENCY AMOUNT*:
. . . ..*.............*....*
PROPERTY OWNER:
DELINQUENCY DATES:
ASSESSOR’S PARCEL NUMBER:
DELINQUENCY AMOUNT*:
YT PARTNERS LP
DECEMBER 10, 1995
APRIL 10, 1995
2 12- 120-02-00
$7,833
*....*.,.........*.......*.......*.
RANCON FINANCIAL CORP.
DECEMBER 10, 1995
APRIL 10, 1995
212- 120-33-00 ’
$19,310
* Amount is approximate; additional penalties may have accrued since the last report
from the County Tax Collector.
4
-
EXHIBIT 2
City of Carlsbad
College Boulevard Assessment District No. 85 -2
Delinquent Parcels
3 1995 City of Cadsbad GIS