HomeMy WebLinkAbout114-92RESOLUTION NO. 114-92
ORDERING JUDICIAL FORECLOSURE OF DELINQUENT ASSESSMENT
INSTALLMENTS PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915,
ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE
INSTALLMENTS AND AUTHORIZING RETENTION OF SPECIAL COUNSEL
WHERFAS, the Town of Danville ("Town") 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 et seq.; the "1915 Act"); and
WHERF~S, pursuant to the 1915 Act, the Town has duly and regularly issued nd
recorded the unpaid assessments which assessments and each installment thereof and
interest and penalties thereon constitute a lien against the lot and parcel of land against
which it was made, until the same are paid; and
WHEREAS, certain installments of the assessments 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(a) of the Streets and Highways Code,
the Town is authorized, not later than four years after the payment date of the last
installment of principal, to order the delinquent installments to be collected by an action
brought in the Superior Court to foreclose the liens of those assessments; and
WHEREAS, pursuant to Section 883009) of the Streets and Highways Code, the Town has
covenanted for the benefit of bondholders to file and prosecute such judicial foreclosure
actions; and
WHEREAS, the Town wishes to retain experienced, qualified counsel to prosecute such
judicial foreclosure actions; and
WHEREAS, the public interest and necessity require the institution of an action to
foreclose on such obligation; and
WHERF~S, 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 current assessment
roll with the amount of the installments of the assessments to be sued on and to be
relieved of further duty in regard thereto; now, therefore, be it
RESOLVED, by the Town Council of the Town of Danville, that the Town hereby orders
that the Contra Costa County Tax Collector be relieved of its duty to collect the delinquent
assessment installments listed on Exhibit A attached hereto and incorporated herein, and
all future installments of those assessments which become delinquent, and that such
delinquent installments be collected by action brought in the Superior Court of Contra
Costa County to foreclose the liens thereof; and be it
FURTHER RESOLVED, that the Town Manager is hereby authorized to execute, on behalf
ofthe Town, a retainer agreement with Meyers, Nave, Riback & Silver, a Law Corporation,
as Special Counsel to prosecute the foreclosure actions and to collect, on behalf of the
Town, all amounts due on account of the installments listed in Exhibit A hereto, as well
as attorneys fees and costs; such agreement to be in the form as lodged with the City
Clerk, together with such changes as may be necessary, provided such changes do not
materially increase the obligations of the Town thereunder.
APPROVED by the Danville Town Council at a Regular Meeting held on Tuesday, July 21,
1992, by the following vote:
AYES: LANE, SHIMANSKY,
NOTES: NONE
ABSTAINED: NONE
ABSENT: RITCHEY
DOYLE, GREENBERG
APPROVED AS TO FORM:
TORNEY
ATTEST:
CITY CLERK
Worx_
PAGE TWO OF RESOLUTION NO. 114-92
EXHIBIT A
TASSAJARA RANCH ASSESSMENT DISTRICT 88-1:
ASSESSOR'S
PARCEL NO.
DATE OF
DELINQUENCY
DELINQUENT
INSTALLMENT
AMOUNT
206-010-024 May 15, 1992 $230,333.01