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Home My WebLink About1992-01-07; City Council; Resolution 92-30 w RESOLUTION NO. 92-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING JUDICIAL FORE- CLOSURE OF DELINQUENT ASSESSMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915, AND ORDER- ING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS WHEREAS, the City of Carlsbad ("City") has condu special assessment proceedings from time to time, resultin! the issuance and sale of improvement bonds pursuant to the pr sions of the Improvement Bond Act of 1915 (California Str and Highways Code Sections 8500 and following; herea referred to as the "1915 Act"); WHEREAS, pursuant to the 1915 Act, the City has duly regularly issued and recorded the unpaid assessments, w assessments and each installment thereof and interest and pe ties thereon constitute liens against the lots and parcel! land against which they are made, until the same are paid; WHEREAS, certain assessments and installments have been paid when due, and certain installments of those ass ments may not be paid in the future; WHEREAS, under the provisions of Section 8830 of Streets and Highways Code of the State of California, this Council is authorized, not later than four (4) years after due date of the last installment of principal, to order the to be collected by an action brought in the superior cour foreclose the lien of those assessments; WHEREAS, under the provisions of Section 8833 of the Act, when such foreclosure action is ordered, the county I 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 W collector is to be credited upon the assessment roll then in hands with the amount charged against him on account of assessments to be sued on and .to be relieved of further dut regard thereto; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. The City hereby orders that the delinq assessments listed on Exhibit "A" attached hereto and in porated herein, and all future installments of those assessm which are not paid when due, be collected by action brough the Superior Court of San Diego County to foreclose the 1 thereof. SECTION 2. The firm of Brown, Harper, Burns & Hents is hereby retained as special legal counsel and is author and directed to institute such actions in the name of the to foreclose the liens of all such delinquent assessments. SECTION 3. The City's Financial Management Director cooperation and in conjunction with special counsel, is au rized and directed to transmit a certified copy of this res tion to the Auditor/Controller's office or other appropr office of the County of San Diego with a letter stating that: a. The City Council has ordered that 'delinquent installments be collected by action brought in Superior Court of San Diego County to foreclose the 1 thereof; b. Pursuant to Streets and Highways Section 8833, the San Diego County tax collector is tc credited upon the assessment roll then in his hands with A 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 W amounts charged against him on account of the assessments t, sued upon and is to be relieved of further duty in re thereto; C. All inquiries regarding payment of delinquent assessments shall be forwarded to the City's spe counsel. PASSED, APPROVED AND ADOPTED by the City Council of City of Carlsbad at its regular meeting held on the 7th of January , 1992, by the following vote, to wit AYES: Council Members Lewis, Kulchin, Larson, Stanton and Nygaard NOES: None ABSENT: None ATTEST: RANZ, City Clerk istant City Clerk ( SEAL) 1 I I 9' e EXHIBIT "A" w ,I 4 ,I ,,I' COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 8 5-2 [ DELINQUENT PARCELS / / PROPERTY OWNER: CARLSBAD AIRPORT CENTRE ,. - DELINQUENCY DATE: DECEMBER 10, 1990 APN 212-081-01 212-081-02 212-081-03 212-081-04 212-081-05 212-081-06 212-081-07 21.2-081-08 212-081-09 212-081-10 212-081-11 212-081-13 212-081-14 212-081-15 212-081-17 212-082-01 212-082-02 212-082-03 212-082-04 212-082-05 212-082-06 212-082-07 212-082-08 212-082-09 212-091-01 212-091-02 212-091-03 212-091-0.1 212-091-05 TOTAL APPROXIMATE AMOUNTS* $6,363 6,191 9,983 4,590 5,895 4,910 4,048 5,230 5,132 8,826 6,560 3,654 5,723 6,461 16,140 6,732 7,668 5,181 7,791 6,757 6,782 21,091 10,328 3 1,287 6,683 7,718 11,658 11,707 10,624 $251,713 * Amounts are approximate; new penalties may have accrued since the last report from the County Collector.