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HomeMy WebLinkAbout1993-03-16; City Council; Resolution 93-50.. 4- 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 1 (I 0 0 RESOLUTION NO. 9 3 - 5 0 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 (Uty'') 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 //\ ,. x- 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 2o ll 21 22 23 24 25 26 27 28 i 0 0 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. /// /// /// /// /// I ~ .- .- 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 1 1 1 ~ 1 !I ~ I 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 16th day of March , 1993, by the following vote, to wit: AYES: Council Members Lewis, Stanton, Kulchin, Nygaard a NOES: None Finnila ABSENT: None ATTEST: ALETHA L. RAUTENKRANZ, City Clerk ) (SEAL) .. 0 a .- EXHIBIT " ALGA ROAD ASSESSMENT DISTRICT NO. 88-1 DELINQUENT PARCELS PROPERTY OWNER AVIARA - 5, MCKELLAR. DEVELOPMENT DELrNQUENCY DATE: DECEMBER 10,1991 APN# : 215-592-12 215-592-13 215-592-14 215-592-15 AMOUNT*: $138,882 "Amount is approximate; new penalties may have accrued since the last report from t County Tax Collector.