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HomeMy WebLinkAboutCC Resolution 7752 (Judicial Foreclosure of Delinquent Assessments)RESOLUTION NO. 7J52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ORDERING JUDICIAL FORECLOSURE OF DELINQUEN^1 ASSESSMENTS PURSUANT TO THE IMPROVE- MENT BOND ACT OF 1915, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS WHEREAS, the City of San Rafael ("City") 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 Highways 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 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. RESOLUTION NO. 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City as follows: SECTION 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 Marin County to foreclose the liens thereof. SECTION 2. The City Attorney is hereby authorized and directed to retain special legal counsel to institute such actions in the name of the City to foreclose the liens of all such delinquent assessments. SECTION 3. The City's Treasurer/Finance Director, in cooperation and in conjunction with special counsel, is authorized and directed to transmit a certified copy of this resolution to the Auditor/Controller's Office of the County of Marin with a letter that shall state that: a. The City Council has ordered that the delinquent installments be collected by action brought in the Superior Court of Marin County to foreclose the liens thereof; and b. Pursuant to Streets and Highways Code Section 8833, the Marin County tax collector is to be credited upon the assessment roll then in his hands with the amounts charged against him on account of the assessments to be sued upon and is to be relieved of further duty in regard thereto; and C. All inquiries regarding payment of the delinquent assessments shall be forwarded to the City's special counsel. - 2 - RESOLUTION NO. 7 I, JEANNE M. LEONCINI, Clerk of the City of San Rafael hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a Regular meeting of the City Council of said City held on Monday, the 20th day of June, 1988, by the following vote, to wit: AYES: COUNCILMEMBERS: Boro, Breiner, Frugoli, Thayer & Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE CNIE M. LEONCIN�, City Clerk 3 EXHIBIT A Assessment District Name: East San Rafael Drainage Assessment District, No. 1 DELINQUENT ASSESSOR'S ASSESSMENT DATE OF INSTALLMENT PARCEL NO. NO. DELINQUENCY AMOUNT 09-010-22 1 04-10-87 $14,302.05 09-010-22 1 12-10-87 $11,319.00 09-010-22 1 04-10-88 $11,319.00 Total -22 $36,940.05 09-010-23 2 04-10-87 $ 1,443.38 09-019-23 2 12-10-87 $ 1,308.45 09-010-23 2 04-10-88 $ 1,308.45 Total -23 $ 4,060.28 09-010-24 3A + 30 04-10-87 $ 6,626.50 09-010-24 3A + 30 12-10-87 $ 5,274.50 09-010-24 3A + 30 04-10-88 $ 5,274.50 Total -24 $17,175.50 TOTAL $58,175.83