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CITY COUNCIL OF THE CITY OF PLEASANTON <br /> <br /> ALAMEDA COUNTY, CALIFORNIA <br /> <br /> RESOLUTION NO. 96-105 <br /> <br /> RESOLUTION ORDERING JUDICIAL <br /> FORECLOSURE OF 1995-96 DELINQUENT <br /> ASSESSMENTS PURSUANT TO THE <br /> IMPROVEMENT BOND ACT OF 1915, AND <br /> ORDERING THAT THE TAX COLLECTOR BE <br /> CREDITED WITH THOSE ASSESSMENTS <br /> <br />WHEREAS, the City of Pleasanton ("City") has conducted special assessment, <br /> reassessment and refunding proceedings from time to time resulting in the <br /> issuance and sale of improvement bonds ("Bonds") pursuant to the <br /> provisions of the Improvement Bond Act of 1915 and the Refunding Act of <br /> 1984 for 1915 Improvement Act Bonds (California Streets and Highways <br /> Code Section 8500 et seq., and 9500 et seq.; collectively ("1915 Act"); and <br /> <br />WHEREAS, pursuant to the 1915 Act, the City has duly and regularly issued and <br /> recorded the unpaid assessments and reassessments (collectively <br /> 'assessments"), which assessments and each installment thereof and interest <br /> and penalties thereon constitute liens against the lots and parcels of land <br /> against which they were made, until the same are paid; and <br /> <br />WHEREAS, certain assessments and installments thereof have not been paid when due, <br /> and certain installments of those assessments may not be paid in the future; <br /> and <br /> <br />WHEREAS, pursuant to resolution adopted prior to the issuance of the bonds, under the <br /> provisions of Section 8830 (b) of the California Streets and Highways <br /> Code, the City Council has covenanted for the benefit of bondholders to <br /> commence foreclosure actions in the Superior Court regarding delinquent <br /> installments of any assessments which secure the Bonds and to diligen~y <br /> prosecute such actions; and <br /> <br />WHEREAS, under the provisions of Section 8833 of the 1915 Act, when such <br /> foreclosure action is ordered, the county tax collector is to be credited <br /> upon the assessment roll then in the assessor's hands with the amount <br /> charged against the assessor on account of the assessments to be sued on <br /> and to be relieved of further duty in regard thereto; <br /> <br /> <br />