HomeMy WebLinkAboutResolution 93-240 09/07/1993
A
Resolution No. 93-240 N ~.s.
of the City of Petaluma, California
1 A RESOLUTION ORDERING JUDICIAL FORECLOSURE OF DELINQUENT
2 ASSESSMENT INSTALLMENTS PURSUANT TO THE IMPROVEMENT
3 BOND ACT OF 1915 AND THE REFUNDING ACT OF 1984 FOR
4 1915 IlVIPROVEMENT ACT BOND, AND ORDERING THAT THE TAX
5 COLLECTOR BE CREDITED WITH THOSE INSTALLMENTS
6
7 WHEREAS, the City of Petaluma ("City") has conducted special assessment
8 proceedings from time to time, resulting in the issuance and sale of improvement bonds
9 pursuant to the provisions of the Improvement Bond Act of 1915 (California Streets &
10 Highways Code Section 8500 and following; the " 1915 Act") and refunding bonds pursuant to
11 the Refunding Act of 1984 for 1915 Improvement Bonds (California Streets & Highways Code
12 Section 9500 and following; the "Refunding Act");
13 WHEREAS., pursuant to the 1915 Act and the Refunding Act, the City has duly and
14 regularly issued and recorded the unpaid assessments and/or reassessments, which assessments
15 and/or reassessments and each installment thereof and interest and penalties thereon constitute
16 alien against the lots and parcels of land against which they are made, until the same is paid;
17 WHEREAS, certain installments of the assessments and/or reassessments have not been
18 paid when due, and certain installments of those assessments and/or reassessments may not be
19 paid in the future;
20 WHEREAS, under the provisions of Section 8830(a) of the Streets and Highways
21 Code, the City is authorized, not later than four years after the due date of the last installment
22 of principal, to order the same to be collected by an action brought in the Superior Court to
23 foreclose the lien of those assessments and/or reassessments;
24 WHEREAS, pursuant to Section 8830(b) of the Streets and Highways Code, this City
25 has covenanted for the benefit of bondholders to file and prosecute such judicial foreclosure
26 actions; and
27 WHEREAS, the resolutions authorizing the issuance of special assessment bonds
28 adopted by the City Council require that foreclosure proceedings be initiated not later than
29 October 1 of each year or within 150 days of the delinquency; and
3D WHEREAS, under the provisions of Section 8833 of the 1915 Act, when such
31 foreclosure action is ordered, the county tax collector is to be credited upon the current
32 assessment roll with
Res. No. .....9.J.-~.`.Y.Q....... N.C.S.
_v
1 the amount of the installments of the assessments and/or reassessments to be sued on and to be
2 relieved of further duty in regard thereto.
3 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Petaluma
4 as follows:
5 1. The City hereby orders that the delinquent assessments and/or reassessments
6 listed on Exhibit A attached hereto and incorporated herein, and all future installments of those
7 assessments and/or reassessments which become delinquent be collected by action brought in
8 the Superior Court of Sonoma County to foreclose the liens thereof.
9 2. The City Finance Director, in cooperation and in conjunction with special
10 counsel, is authorized and directed to transmit a certified copy of this resolution to the
11 Auditor/Controller's office of the County of Sonoma with a letter that shall state that:
12 a) The City has ordered that the delinquent installments be collected by
13 action brought in the Superior Court of Sonoma County to foreclose the
14 liens thereof;
15 b) Pursuant to Streets and Highways Code Section 8833, the Sonoma
16 County tax collector is to be credited upon the assessment roll with the
17 amounts charged on account of the assessments to be sued upon and is to
18 be relieved of further duty in regard thereto; and
19 c) All inquiries regarding payment of the delinquent assessments shall be
20 forwarded to the Finance Director.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (1A~rl~~r~lj[X~~~il) meeting fO~
on the .....7th ............. day of ......_September.,-....-..............-----., 19.93.., by the °~
following vote: ••--••-•--•• -------•-------------•--••---..
City Attorney
AYES: Nelson, Sobel, Hamilton, Barlas, Shea, Vice Mayor Read, Mayor Hilligoss
NOES: None
ABSENT: None
.............
ATTEST : .... ....... ......... ....... ... ..... ..--.........................
y Clerk Mayor
CA 10-85
(buncil File--...--• .................°-........
ReS. No..........9.3-.2.40... N.c.s.
~J
.~
14-Sep-93
CITY OF PETALUMA EXHIBIT A
DELINAUENT ASSESSMENT
AS OF 6-30-93
FOR FY 92-93
I 1=====-----------
II
IIASSESSMENT ---------------
ASSMT # --------------------
APN NUMBER ---------------- I I
II
AMOUNT II
IIDISTRICT
I 1_____________ __ ~
_______________
____________________ II
________________ I
II
IIAD #10 I
I 12
007-412-34 II
533,114.48 II
II
II I 38
l ------------ 150-060-23
-------------------- $926.32 II
--------------- II
II
IITOTAL
I 1________________ I
I 2
_______________
____________________ II
$34,040.80 II
________________ I
II
IIAD #15 I
I 50
017-150-19 II
59,109.44 II.
II I 16 005-040-18 $7,615.58 (I
I I
IITOTAL I------------
I 2 -------------------- ---------------- I I
$16,725.02 II
I 1________________
I IAO #17 _______________
I ____________________ ________________ I
II
II I 32 007-401-39 $1,377.73 II
I I
IITOTAL I------------
I 1 -------------------- ---------------- I I
$1,377.73 II
I 1====____________
..IIAD #22 _______________
I ____________________ ________________ I
I I
II I 33 007-401-39 $10,943.70 II
I I
IITOTAL
---------------- I------------
I 1
--------------- --------------------
-------------------- ---------------- I I
$10,943.70 II
-----------
----
I I
IITOTAL AMOUNTS
I 1________________
6
_______________
____________________ -
I
X63,087.25 II
________________ I
93 - ~.~0 ACS .