Resolution 1995-68
I
"
.
.
RESOLUTION NO. 95-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY ORDERING FORECLOSURE ACTIONS ON
DELINQUENT PARCELS APN 835-01-049 AND APN 835-
01-050 WITHIN THE NORTH FOREST STREET
ASSESSMENT DISTRICT, AND ON ANY OTHER
DELINQUENT PARCELS IN THAT SAME DISTRICT.
WHEREAS, the City Council of the City of Gilroy has
heretofore undertaken proceedings pursuant to the "Municipal
Improvement Act of 1913" and has levied assessments upon lands
within the North Forest Street Assessment District; and,
WHEREAS, said proceedings provided for the issuance of
bonds pursuant to the "Improvement Bond Act of 1915" and said bonds
were previously issued; and
WHEREAS, collection of all assessments levied pursuant
to said Assessment District proceedings was and is intended to
provide for the timely payment of all amounts of principal and
interest due and payable pursuant to the terms of the above-
referenced bonds; and
WHEREAS, a certain covenant to those bonds issued for the
North Forest Street Assessment District requires that the City file
an action in the superior Court by October I to foreclose the lien
of each delinquent assessment if the sum of uncured assessment
delinquencies for the proceeding fiscal year exceeds five percent
(5%) of the assessment installments posted to the tax roll, and if
the amount of the special reserve fund is less than the Reserve
Requirement; and
WHEREAS, certain owners of property within the Assessment
District constituting more than 5% of the assessments have become
delinquent
in the payment
of
said assessments,
thereby
necessitating the institution of foreclosure actions with respect
to such parcels.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1.
That the city Attorney is hereby ordered
to remove delinquent assessment installments from the county's tax
rolls and to record whatever liens are required in order to start
RESOLUTION NO. 95-68
-1-
..
.
.
foreclosure proceedings.
SECTION 2.
That the city Attorney is hereby ordered
to bring an action in foreclosure in the Superior Court resulting
from delinquent assessments in the North Forest Street Assessment
District on the following properties:
(1) Assessor's Parcel Number 835-01-049; Tauen Chen, Frank
Ching-Fung Cheng, Da Yuh Development Inc. ETAL; and,
(2) Assessor's Parcel Number 835-01-050; Tauen Chen, Frank
Ching-Fung Cheng, Da Yuh Development Inc. ETAL; and,
(3) Any other parcel that is found to be delinquent and
uncured within the North Forest Street Assessment
District from the last fiscal year.
SECTION 3.
That the City Finance Director is hereby
ordered to review the delinquencies from the prior fiscal year in
the North Forest Street Assessment District on an annual basis to
timely request the city Attorney to foreclose the liens on those
properties with delinquent assessments when said proceedings are
deemed necessary or are required in order to comply with the bond
covenants relating to the bonds issued for the construction of
improvements in the North Forest Street Assessment District.
SECTION 4.
That the City Attorney is hereby ordered to
initiate proceedings in the Superior Court to foreclose liens on
those properties with delinquent assessments when said proceedings
are deemed necessary or are required in order to comply with the
bond covenants relating to the bonds issued for the construction
of improvements in the North Forest Street Assessment District.
PASSED AND ADOPTED this 18th day of September, 1995 by
the following vote:
AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS,
ROWLISON, VALDEZ, GAGE
NOES: COUNCILMEMBERS: NONE.
ABSENT: COUNCILMEMBERS: NONE
ATTEST:
~~~~~-
APP;;:Lu j ~
Donald F. Gage, M~r
!
~
.
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Resolution No. 95-68 is an original
resolution, duly adopted by the Council of the City of Gilroy at a regular
meeting of said Council held on the 18th day of SeDtember
, 19..l!.L,
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 ~ day of
September
,19.2.h
)/
/
~e~he
d
(Seal)
.