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.
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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