HomeMy WebLinkAbout1993-03-16; City Council; Resolution 93-49r
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RESOLUTION NO. 93 - 4 9
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
1 Act of 1915 (California Streets and Highways Code Sections 8500 and
~ following; hereafter referred to as the "1915 Act"); and I
I 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
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WHEREAS, certain assessments and installments have not been
I 1 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
1 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
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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 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.
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3. The City's Finance Director, in cooperation and in
conjunction with special counsel, is authorized to remove delinquent
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PASSED, APPROVED AND ADOPTED at a regular meeting of the 4
assessments from the San Diego County tax records.
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City Council on the 16t h day of March , 1993, by the following vote,
to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard
NOES: None
ABSENT: None
ATTEST:
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16 ALETHA LW7L L. RAUTENKRANZ, k. L?& City Clerk I
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(SEAL)
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EXHIBIT “P
COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 85-2
DELINQUENT PARCEL
PROPERTY OWNER:
DELINQUENCY DATE:
MI1 PARTNERSHIP
APRIL 10, 1992
APN# : 212-091-06-00
AMOUNT* : $5,740
* Amount is approximate; new penalties may have accrued since the last report from tl-
County Tax Collector.