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HomeMy WebLinkAbout1997-04-01; City Council; Resolution 97-4221 . e 0 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. 97-422 RESOLUTION ORDERING FORECLOSURE ACTIONS TO FORECLOSE THE DELINQUENT SPECIAL ASSESSMENT LIENS AND ORDERING THE RECORDATION OF A NOTICE OF INTENT TO REMOVE DELINQUENT SPECIAL ASSESSMENT INSTALLMENTS FROM THE TAX ROLL; ORDERING ACTION TO TRANSMIT TO THE COUNTY DOCUMENTS NECESSARY TO CREDIT THE SAN DIEGO COUNTY TAX COLLECTOR OF FURTHER DUTY THERETO IN ASSESSMENT DISTRICT NO. 85- 02. WHEREAS, the City Council of the City of Carlsbad, California, did previously undertake proceedings to and did establish an assessment district pursuant to the provisions of the “Improvement Bond Act of 1915” (“191 5 Act”) found in California Streets and Highways Code section 8500 and following; and WHEREAS, the City of Carlsbad did previously issue special assessment bonds pursuant to the 1915 Act to finance public improvements; and WHEREAS, pursuant to the 191 5 Act, the timely collection of the special assessment installments are necessary for the timely payment of all principal and interest on the special assessment bonds and each special assessment levy 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 special assessments have not been paid when due, and certain special assessments may not be paid in the 0 0 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 future; and WHEREAS, the City of Carlsbad has covenanted with the owners of the special assessment bonds to commence and diligently pursue foreclosure actions against those parcels of land subject to the delinquent payment of special assessments; and WHEREAS, under the provisions of Section 8834 of the Streets and Highways Code of California, this City Council is authorized, not later than four years after the final maturity of the special assessment bonds, to order the same to be collected by an action brought in the superior court to foreclose the liens of the delinquent special assessments; and WHEREAS, under the provisions of Section 8833 of the Streets and Highways Code of California, when such foreclosure actions are ordered, the county tax collector is to be credited upon the tax roll with the amount charged against the tax collector on account of the delinquent special assessments to be sued on and to be relieved of further duty in regard thereto and a Notice of Intent to Remove Delinquent Special Assessment Installments from the Tax Roll is to be recorded with the county recorder’s office in the county in which the real property is located; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: SECTIONI. The City Council hereby orders that the I I I 0 0 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 delinquent payments of special assessments with respect to those parcels identified on “Exhibit A’ attached hereto and incorporated herein, and all subsequent delinquent special assessments with respect to those parcels which are not paid when due, be collected by action brought in the Superior Court of San Diego County to foreclose the liens thereof. SECTION 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 special assessments. SECTION 3. The City Council hereby orders that the Finance Director, in cooperation and in conjunction with special counsel, is authorized and directed to prepare and cause to be recorded with the San Diego County Recorder a Notice of Intent to Remove Delinquent Assessment Installments from the Tax Roll. SECTION 4. The City Council hereby orders that the Finance Director, in cooperation and in conjunction with special counsel, is authorized and directed to transmit a certified copy of this Resolution to the San Diego County AuditorlController‘s office together with such other documents and the payment of such fees as is necessary or appropriate to credit the San Diego County Tax Collector upon the tax roll with the amounts charged against the San Diego County Tax Collector on account of the delinquent special assessment installments I ~ 0 0 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 to be sued upon and to relieve the San Diego County Tax Collector of further duty in regards thereto. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held on the 1st - day of April , 1997, by the following vote: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall NOES: None ABSTAIN: None ABSENT: None r 7 ATTEST: ALETHA L. R (SEAL) 0 e EXHIBIT “A’ COLLEGE BOULEVARD ASSESSMENT DISTRICT NO. 85-2 DELINQUENT PARCELS PROPERTY OWNER: DELINQUENT DATES: ASSESSOR’S PARCEL NO.: DELINQUENCY: YT PARTNERS LP 12/10/95, 4/10/96, 12/10/96 21 2-1 20-02-00 $ 12,647.35 + additional interest and legal costs PROPERTY OWNER: DELINQUENT DATES: ASSESSOR’S PARCEL NO.: DELINQUENCY: EDWARD A NEFF 4/10/96, 12/10/96 21 2-1 20-01-00 $ 6,861.49 + additional interest and legal costs