Resolution 1987-33
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RESOLUTION NO. 87 - 33
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY
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
WHEREAS, the City of Gilroy (lithe 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, pusruant 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 cerain 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City as
follows:
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RESOLUTION NO. 87 - 33
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SECTION 1. The City hereby orders that the delinquent assessments
listed on Eshibit 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 Santa Clara 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 Santa Clara 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 Santa
Clara County to foreclose the liens thereof;
b. Pursuant to Streets and Highways Code Section 8833,
the Santa Clara 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.
PASSED AND ADOPTED this 4th day of May, 1987, by the following
vote:
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
NOES:
ABSENT:
COUNCILMEMBERS: None
APPROVED:
Mayor v.~
ATTEST:
City Clerk
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RESOLUTION NO. 87 - 33
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AMENDED
EXHIBIT A
LIST OF PROPERTY BY APN (ASSESSORS PARCEL NUMBER) IN THE LAS ANIMAS
TECHNOLOGY PARK ASSESSMENT DISTRICT
ALL ASSESSMENTS WERE DELINQUENT AND NOT PAID ON DEC. 10, 1986 AND APRIL 10,
1 '=i87.
ASSWT
NO.
TOTAL
DUE
APN
841-69-001
$: 92,984.12
841-69-002
L.
27,201.30
841-69-003
.:.)
27,673.78
841-69-004
4
20,428.76
841-69-005
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20,008.74
841-69-007
7
25,678.78
841-69-008
8
20,848.72
841-69-009
9
23,998.76
841-69-010
10
14,076.24
841-69-(ii 1
11
22,003a76
841-69-018
13
22,423.76
841-69-014
14
99,021.66
841-69-015
15
17,226.20
841-69-016
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12,658.74
841-69-017
17
21.321.74
TOTALS
$467,554.56
The above totals do not include other property taxes nor penalties.
03!GIL
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REVISED 5-14-87
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I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 87-33 is an original
ordinance, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
Official Seal of the City of Gilroy this 14th day of May,
4th
day of May
, 19~,
19 87.
(Seal)