HomeMy WebLinkAboutResolution 91-132 05/20/1991
1 R~SO~Utl®n N0. 91-132 N ~.5.
2~ of t}~e City of Petaluma, California
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6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
7 PETALUMA RETAINING SHERMAN ~. FELLER AS SPECIAL
8 COUNSEL, ORDERING JUDICIAL FORECLOSURE OF DELINQUENT
9 ASSESSMENT INSTALLMENTS PURSUANT TO THE IMPROVEMENT
10 BOND ACT OF 1915 AND TIIE REFUNDING ACT OF 1954 FOR
11 1915 IMPROVEMENT ACT BOND, AND ORDERING THAT THE TAX
12 COLLECTOR BE CREDITED WITH THOSE INSTALLMENTS
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15 WHEREAS, the City of Petaluma ("City") has conducted special assessment
16 proceedings from time to time, resulting in the issuance and sale of improvement bonds
17 pursuant to the provisions of the Improvement .Bond Act of 1915 (California Streets &
18 Highways Code Section 8500 and following; the "1915 Act") and refunding bonds pursuant
19 to the Refunding Act of 1984 for 1915 Improvement Bonds (California Streets & Highways
20 Code Section 9500 and following; the "Refunding Act");
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22 WHEREAS, pursuant to the 1915 Act and the Refunding Act, the City has duly and
23 regularly issued and recorded the unpaid assessments and /or reassessments, which
24 assessments and/or reassessments and each installment thereof and interest and penalties
2S thereon constitute a lien against the lots and parcels of land against which they are made,
26 until the same is paid;
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28 WHEREAS, certain installments of the assessments and /or reassessments have not
29 been paid when due, and certain installments of those assessments and/or reassessments
30 may not be paid in the future;
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32 WHEREAS, under the provisions of Section 8830(a) of the Streets and Highways
33 Code, the City is authorized, not later than four years after the due date of the last
34 installment of principal, to order the same to be collected by an action brought in the
35 Superior Court to foreclose the lien of those assessments and /or reassessments;
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37 WHEREAS, pursuant to Section 8830(b) of the Streets and Highways Code, this
38 City has covenanted for the benefit of bondholders to file and prosecute such judicial
39 foreclosure actions; and
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41 WHEREAS, under the provisions of Section 8833 of the 1915 Act, when such
42 foreclosure action is ordered, the county tax collector is to be credited upon the current
Res. No. ...:... ~.~.~~. ~.~. _.. ~.C. S.
1. assessment roll with the amount of the installments of the assessments and/or
2 reassessments to be sued on and to be 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 retains Sherman & Feller, a law corporation, as special
6 counsel to institute judicial foreclosure proceedings to collect the delinquent installments
7 of 191.5 Act assessments. The City Manager is authorized to enter into a written agreement
8 for said legal services with Sherman & Feller, subject to the approval of the City Attorney
9 and the City Finance Director.
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11 2. The City hereby orders that the delinquent assessments and/or
12 reassessments listed on Exhibit A attached hereto and incorporated herein, and all future
13 installments of those assessments and /or reassessments which become delinquent be
14 collected by action brought in the Superior Court of Sonoma County to foreclose the liens
15 thereof.
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17 3. The City Finance Director, in cooperation and in conjunction with special
18 counsel, is authorized and directed to transmit a certified copy of this resolution to the
19 Auditor/Controller's office of the County of Sonoma with a letter that shall state that:
20 a) The City has ordered that the delinquent installments be collected by
21 action brought in the Superior Court of Sonoma County to foreclose
22 the liens thereof;
23 b) Pursuant to Streets and Highways Code Section. 8833, the Sonoma
24 County tax collector is to be credited upon the assessment roll with
25 the amounts charged on account of the assessments to be sued upon
26 and is to be relieved of further duty in regard thereto; and
27 c) All inquiries regarding payment of the delinquent assessments shall
28 be forwarded to Susan Feller of Sherman and Feller, City's special
29 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 the Approved as to
Council of the City of Petaluma at a (Regular) (A~aee~xfc~ex'oai~ meeting t for
on the .20th Ma -•--•-------•-•--.......-. 19...91, by the~c~w(~1~wa~ U
............... day of ....................-----...y... ,
following vote:
City Attorney
AYES: Read, Davis, Woolsey, Sobel, Nelson, Vice Mayor Cavanagh, Mayor Hilli
NOES: None
ABSENT: one
ATTEST: .- .- ..-- - .......... . . .....
City Clerk Mayor
goss
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Council Fillle----'--•--°---.....--°----.-..--..
CA 10-85 ~ Res. No....J.1.-.1.3.2......... N.C.S.
EXI-IIBI'I' A
Assessment District:
ASSESSOR'S
PARCEL NO.
007-412-34-9
007-412-54-7
c: \word5 \reso.doc
fmk\5/15/91
ASSESSMENT NO,
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DATE OF
DELINQUENCY
12/10/90
12/10/90
DELINQUENT
INSTALLMENT
AMOUNT
$104,044.27
$9,145.94