HomeMy WebLinkAboutReso. 1989-402 - Ordering judicial foreclosure of delinquent assessments pursuant to the improvement • •
RESOLUTION NO. 8.7-4/0,4
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
ORDERING JUDICIAL FORECLOSURE OF DELINQUENT ASSESSMENTS
PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915 , AND ORDERING
THAT THE TAX COLLECTOR BE CREDITED WITH THOSE ASSESSMENTS .
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WHEREAS , the City of Redding, hereafter referred to as
"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 Section 8500 and
following) , hereafter referred to as the "1915 Act" ; and
WHEREAS, pursuant to the 1915 Act, the City has duly and
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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 be
collected by actions to be brought in the Superior Court of
Shasta County to foreclose the lien of those assessments; and
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WHEREAS, under the provisions of Section 8833 of the 1915
Act, when such foreclosure actions are ordered, the County Tax
Collector is to be credited upon the assessment rolls 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;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of
the City of Redding as follows:
1 . That the City Council of the City of Redding hereby
orders that the delinquent assessments listed in Exhibit "A"
attached hereto and incorporated herein by reference, and all
future installments of those assessments which are not paid when
due, be collected by actions to be brought in the Superior Court
of Shasta County to foreclose the liens thereof.
2 . That the City Attorney is hereby authorized and
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directed, at his option, to retain special legal counsel to
institute such actions in the name of the City to foreclose the
liens of all such delinquent assessments.
3 . That the City Treasurer, in cooperation and in
conjunction with legal counsel, is authorized and directed to
transmit a certified copy of this Resolution to the
Auditor/Controller' s office of the County of Shasta, with a
letter stating that:
(a) The City Council has ordered that the delinquent
installments be collected by actions to be brought in
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the Superior Court of Shasta County to foreclose the
liens thereof;
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(b) Pursuant to Streets and Highways Code Section 8833 , the
Shasta County Tax Collector is to be credited upon the
assessment rolls 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 it
regard thereto; and
(c) All inquiries regarding payment of the delinquent
assessments shall be forwarded to the City Treasurer.
I HEREBY CERTIFY that the foregoing Resolution was
I introduced and read at a regular meeting of the City Council of
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the City of Redding on the 21st day of November , 1989 , and was I
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duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Dahl , Fulton, Johannessen & Carter
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Buffum
ABSTAIN: COUNCIL MEMBERS : None
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SCOTT CARTER, Mayor
City of Redding
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ATTEST:
ETHEL. A. NICHOLS , City Clerk
'ORM PPROVED:
RA DALL A. HAYS, C ty Attorney
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110
1915 ASSESSMENTS
PRIOR 1988/89 WITH DELINQUENCIES
(No payments received as of 11/07/89)
LAKE KESWICK SEWER A.D. 1982-6
115-170-01 11. 1985 $ 41,753. 72
MAX HAMMON 1986 35,048 .34
665 BAKER ROAD 1987 34,704 .24
REDDING CA 96001 1988 52,946 . 16
115-250-01 11 1985 $ 10,470 .02
LOUIS ROESNER 1986 8,789 .32
370 WOODCLIFF DR. 1987 8,703 .08
REDDING CA 96003 1988 13,275 . 38
TOTAL FUND #316 DELINQ. $205,690 .26
PATTERSON TRACT A.D. 1980-6
066-660-01 11
DENNIS PATTERSON
P.O. BOX 1733 1987 $ 948 . 89
REDDING CA 96099 1988 890 .58
TOTAL FUND #390 DELINQ. $ 1,839 .47
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RIDGEWOOD SEWER A.D. 1984-2
072-360-01 11
DONNA RUNGE
965 RIDGEWOOD RD 1987 $ 1,533 . 72
REDDING CA 96003 1988 1,494 . 82
TOTAL FUND #317 DELINQ. $ 3,028 .54
ST. NICHOLAS/WARD/MIRA VISTA A.D. 1977-3
066-660-01 11
DENNIS PATTERSON
P.O. BOX 1733 1987 $ 248 .26
REDDING CA 96099 1988 256 .90
TOTAL FUND #372 DELINQ. $ 505. 16
EXHIBIT "A"
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411
'�. '. • Prior 1988/89 Delinquencies Continued
UPPER CHURN CREEK A.D. 1986-2
074-150-11 11
KATHERINE SHERMAN 1986 $ 173 . 22
5820 OASIS RD. 1987 176 . 46
REDDING CA 96003 1988 175 . 50
073-210-25 11
JAY & MARILYN HARRIS
6010 •GLENEAGLE CT. 1987 $ 148 . 74
REDDING CA 96003 1988 147 . 90
TOTAL FUND #319 DELINQ. $ 821 . 82
WESTWOOD MANOR WATER A.D. 1982-9
049-300-36 11
ROBERT & HELEN WOOD
345 HEMSTED DR. 1987 $ 110 . 96
REDDING CA 96002 1988 107 . 26
TOTAL FUND #312 DELINQ. $ 218 .22
TOTAL DELINQUENCIES $212,103.47
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