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CITY COUNCIL AGENDA ITEM NO. 3

Meeting Date: September 26, 2000

Subject/Title: A Resolution authorizing City staff to initiate action in the name of the City to foreclose on the liens of delinquent assessment installments

Submitted by: Finance Department (Jones)

Approved by: Jon Elam, City Manager



RECOMMENDATION:
Passage of a Resolution authorizing the City Attorney and Finance Director to initiate judicial foreclosure of delinquent assessment installments pursuant to the Improvement Bond Act of 1915, for Brentwood Improvement Assessment Districts and ordering that the County Tax Collector be credited with the amount of these assessment installments.

PREVIOUS ACTION:
In October 1995, resolutions 95-227 and 95-228 were passed for Assessment Districts 1993R and 92-1.

BACKGROUND:
Contained within the Bond Indenture Agreement for Brentwood Improvement Assessment Districts is the covenant or obligation that the City initiates foreclosure proceedings within 150 days on properties that have not paid their assessments. Therefore, the action requested of the City Council is a procedural matter in administering the bond issue obligations. The collection of assessments is important to the City because of the City’s obligation to repay bonds from the assessment proceeds.



RESOLUTION NO. 

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRENTWOOD ORDERING JUDICIAL FORECLOSURE OF DELINQUENT ASSESSMENT INSTALLMENTS, PURSUANT TO THE IMPROVEMENT BOND ACT OF 1915, AND ORDERING THAT THE COUNTY TAX COLLECTOR BE CREDITED WITH THE AMOUNT OF THOSE ASSESSMENT INSTALLMENTS


WHEREAS, the City of Brentwood (the “City”) has conducted and may in the future conduct special assessment proceedings resulting in the formation of various assessment districts pursuant to the provisions of the Municipal Improvement Act of 1913 (Streets and Highways Code Section 10000 et seq.) (the “1913 Act”) (the “Assessment Districts”), which include the issuance and sale of improvement bonds pursuant to the provisions of the Improvement Bond Act of 1915 (Streets and Highways Code Section 8500 et seq.) (the “1915 Act”); and

WHEREAS, pursuant to the 1915 Act, the City duly and regularly issues and records the unpaid assessments relating to the Assessment Districts, which assessments 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, collection of all assessments levied pursuant to the Assessment Districts is by installments which are 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 improvement bonds; and

WHEREAS, certain owners of property within Assessment Districts may from time to time become delinquent in the payment of assessment installments, and certain assessment installments may not be paid in the future; and

WHEREAS, under the provisions of Section 8830 and 8834 of the Streets and Highways Code, the City Council is authorized, not later than four (4) years after the last maturity of the principal of the improvement bonds secured by the assessments, to order the delinquent assessment installments 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 Streets and Highways Code, when such foreclosure actions are ordered, the County Tax Collector is to be credited upon the assessment roll then in his/her hands with the amount charged against him/her on account of the assessments to be sued on and to be relieved of further duty in regard thereto; and

WHEREAS, the improvement bonds contain covenants for the benefit of the holders thereof requiring the City to promptly initiate and prosecute foreclosure of delinquent assessment installments;

NOW, THEREFORE BE IT RESOLVED as follows:

Section 1. The City Council hereby finds and determines that all the recitals set forth above are true and correct.

Section 2. The City hereby orders that all delinquent assessment installments which relate to any Assessment District, together with penalties, costs, fees and other charges related thereto, and all future assessment installments which are not paid when due, be collected by action brought in the Superior Court of Contra Costa County to foreclose the liens thereof, in accordance with part 14 of Division 10 of the Streets and Highways Code. This order is made pursuant to Streets and Highways Code Section 8830, subdivision (a).

Section 3. The City Council hereby orders the City Finance Director to review the delinquencies in each Assessment District from time to time, and the Finance Director is hereby authorized to request and cause the City Attorney to foreclose, from time to time, the liens of the delinquent assessment installments which the Finance Director determines should or must be foreclosed upon in order to comply with the covenants relating to the improvement bonds issued from time to time for the Assessment Districts.

Section 4. The City Attorney is hereby authorized and directed to institute action in the name of the City to foreclose the liens of all delinquent assessment installments identified by the City Finance Director.

PASSED, APPROVED AND ADOPTED by the City Council of the City of Brentwood at a regular meeting on the 26th day of September 2000, by the following vote:

AYES: 
NOES:
ABSENT:

City Administration
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