HomeMy WebLinkAboutResolution 91-296 10/07/1991Res®lution No. 91-296 ]~ C,~,
1 • of the City of Petaluma, California
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6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
7 PETALUMA ORDERINGa JUDICIAL FORECLOSURE OF DELINQUENT
8 ASSESSMENT INSTALLMENTS PURSUANT TO THE IMPROVEMENT
9 BOND ACT OF 1915 AND THE REFUNDING ACT OF 1984 FOR
10 1915 IMPROVEMENT ACT BOND, AND ORDERING THAT THE TAX
11 COLLECT®R BE CREDITED WITH THOSE INSTALLMENTS
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14 WHEREAS, the City of Petaluma ("City") has conducted special assessment
15 proceedings from time to time, resulting in the issuance and sale of improvement bonds
16 pursuant to the provisions of the Improvement Bond Act of 1915 (California Streets &
17 Highways Code Section 8500 and following; the " 1915 Act") and refunding bonds pursuant to
18 the Refunding Act of 1984 for 1915 Improvement Bonds (California Streets & Highways Code
19 Section 9500 and following; the "Refunding Act");
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21 WHEREAS, pursuant to the 1915 Act and the Refunding Act, the City has duly and
22 regularly issued and recorded the unpaid assessments .and/or reassessments, which assessments
23 and/or reassessments and each installment thereof and interest and penalties thereon constitute
24 alien against the lots and parcels of land against which they are made, until the same is paid;
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26 WHEREAS, certain installments of the assessments and/or reassessments have not been
27 paid when due, and certain installments of those assessments and/or reassessments may not be
28 paid in the future;
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30 WHEREAS, under the provisions of Section 8830(a) of the Streets and Highways
31 Code, the City is authorized, not later than four years after the due date of the last installment
32 of principal, to order the same to be collected by an action brought in the Superior Court to
33 foreclose the lien of those assessments and/or reassessments;
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35 WHEREAS, pursuant to Section 8830(b) of the Streets and Highways Code, this City
36 has covenanted for the benefit of bondholders to file and prosecute such judicial foreclosure
37 actions; and
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39 WHEREAS, under the provisions of Section 8833 of the 1915 Act, when. such
40 foreclosure action is ordered, the county tax collector is to be credited upon the current
k~s. ~~........91-296..... ~.cs.
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 of Petaluma as follows:
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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.
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10 2. The City Finance Director, in cooperation and in conjunction with special
11 counsel, is authorized and directed to transmit a certified copy of this resolution to the
12 Auditor/Controller's office of the County of Sonoma with. a letter that shall state that:
13 - a) The City has ordered that the delinquent installments be collected by
14 action brought in the Superior Court of Sonoma County to foreclose the
15 liens thereof;
16 b) Pursuant to Streets and Highways Code Section 8833, the Sonoma
17 County tax collector is to be credited upon the assessment roll with the
18 amounts charged on account of the assessments to be sued upon and is to
19 be relieved of further duty in regard thereto.; and
20 c): All inquiries regarding payment of the delinquent assessments shall be
21 forwarded to Susan Feller of Sherman and Feller, City's special counsel.
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 th~~~,App ~ to
Council of the City of Petaluma at a (Regular) (~tl,~#d~~](~~) meeting
on the ....--_7.111..-.-....... day of ...................Q~.1:012!~1_......................, 19.-9.1-, by the ~~
following vote: ...,•-• --~-...-r .......................
City~Att . rney
AYES: Read, Davis, Cavanagh, Sobel, Nelson, Vice Mayor Woolsey
NOES: None
ABSENT: Mayor Hi 1 oss
ATTES'T': _ ...... .. .. ............... .
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..OityClerl. p'~~ C~,~,;~.~.~. ...................... .~a.. r...Vice...Mayor'•---------
Gbuncil File ....................................
en io-as Res'. No.........~.1.-.`~~6.... N.C.S.
EX~IIBIT A
Assessment District:
ASSESSOR'S
PARCEL. NO.
Assessment District 14:
008-054-.OS
.Assessment District #17:
137-060-70
(fomerly 137-060-23)
137-060-43
DELINQUENT
DATE OF INSTALLMENT
ASSESSMENT NO. DELINQUENCY AMOUNT
94 4/10/91 $6,167.25
2 4/10/91 $54,470.16
13 4/10/91 $3,389.40
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10/2/91 (fmk)