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Home My WebLink AboutAgenda Report - January 18, 1984 (33)::. d bise*.3i-•;�,x �'"� t3h @`a stir ,r � ^�''�i �C21•�, p�icR y •'`<'si R.M` Yi i"F�•YC xn��. RDCTRAR CAMEM The following letter was presented for Council's perusal: "Rcmid M. Stein, Esq. City Attorney ` City of Lodi \ Post Office Hoot 320 Lodi, CA 95240 Dear Ron: RES. NO. 84-005 ADOPM �ei�i • er •.� • • wa. • is As we discussed on December 26, 1983, I am in the prcoess of preparing the documentation to obtain a default judgment against the willow Oaks Industrial Park for foreclosure on the two parcels owned by it. The request_ for Default Judgment by the Court must be accompanied by declarations setting forth the amounts owing for principal, interest and penalties. Section 8833 of the Streets and Highways Code reads as follows: when any foreclosure actions are ordered, t'e tax collector shall be credited upon the assessment rolls then in his hands for the a►nount charged against him on account of the assessments or reassessments to be sued on and he shall be relieved of further duty in regard thereto. Jack Prc;4se has indicated that, pursuant to this section, he should be credited with the delinquent amounts and relieved of further duty to oollect then. He also indicated, based on this section, an unwillingness to partake i: -future activities concerning the foreclosure action. He, then', cannot, and, indeed, should not, sign the declarations in support of the default j>>dgment. The procedure ::j implement Section 8833 is as follows: The City Co�mcil should pass a resolution requesting that the County Hoard of Supervisors order the County Auditor to cancel the assessments and credit the tax collector- with the amounts owing on principal and interest, pursuant to the Section. The City then becomes responsible for collecting the assessments and the City Finance Director ca sign the required Declaration. Paul Heurlin, Com, Auditor, is essentially, in agreement with Jack on thia. Therefore, if you would prepare and have the City Council pass such a resolution as soon as possible, and then fe vrard it to the County Hoard for their- passage, we can move on with the foreclosure process. If you have any questions or ccnments, or wou-14 lice to fur -her discuss this matter, please feel free to contact me. Very t�zuly yours,, Fray W. Sherman, Jr. Profession Corporatic,.-a" Following Council discussion with questions being pcxsed to the City Attorney, Council, on motion of Council Member Murphy, Sniear second, adopted Resolution No. 34=005, a Resolution Ordering Foreclosure of Delinquent Assessments and directing that the Tax Collector ;.hall be Credited Upon the Assessment Rolls Then in His Hands for the Annunt Charged Against Him on Account of the Assessments to be sued on, Thereby Relieving the Tax Collector of Further Duty in Regard Thereto. The motion carried by u;ianiTcus vote. C RESOLUTION NO. RESOLUTION ORDERING FORDCLOSURE OF DELINQUENT ASSESSMEtM AND DIRDCTING THAT THE TAX CDLIr =R SHALL BE CREDITED UPON THE ASSESSMENT ROLLS THEN IN HIS HANDS FOR THE AMOUNT CHARGED AGUWr HIM ON ACCOUNT OF THE ASSESSMENTS TO BE SUED ON, I REBY RELIEVINC THE TAX 001=7MR. OF FURDMR D(TTY IN REGARD) TiDREPO WHEREAS, there is heretofore been duly and regularly issued and recorded an assessment for the impromnent of Assessors Parcel Nos. 49-20-14 and 49-20-19 (formerly 49-20-15) under Resolution of Intention No. 81-39 of. the City Cczncil of the City of Lodi passed arx3 adopted on the 15th day of April, 1981. WHEREAS, installments of said assessments have not been paid at anytime; and WHEREAS, under the provisicris of Section 8830 et sec of the Streets and Highway Code of the State of California, this City Council is authorized, not later than four years after the date due of the last instaliment of principal, to order the same to be collected by an action brought in the superior court to foreclose the lien thereof. NC7W, TMUZ`DRE, BE IT RESOLVED by the City Council of the City of Lodi as fellows: Section 1. The City Clerk of the City of Lodi is hereby authorized and directed to institute an action in the name of +:he City of L di to foreclose the liens of all delinquent asses.-,nent for the aforesaid improvements. Section 2. NOW, TF RE, BE IT FURTHER RESOLVED, that the San Joaquin County Tax Collector shall be crediteu ippon the assessment rolls then in his hands or the amount charged against him on account of the as-sessmentL or reassessments to be sued on and he shall be relieved of further duty in regard thereto. Dated: res/ofda RES02 I hereby certify that Resolution No. was passed and adopted by ti -be City Council of the City of Lodi in a regular meeting held by the following vote: Ayes: Council M-5rbers - Noes: Council Members - Absent: Council Members - Alice M. Reimche City Clerk RAY W. SHERMAN, JR: noftss")tm coR►omnoN kTTORNEYS AT LAW TT1 BROADWAY, PENTHOUSE AT JACK LONDON SQUARE OAKLAND, CALIFORNIA 94607 (415) 834-2748 December 30, 1983 Ronald M. Stein, Esq. City Attorney City of Lodi Post Office Box 320 Lodi, California 95241 Dear Ron: RAV W. IA*MAK OL ANMOW wl *011011 "imm Mtn p COUNNt Cu«* G WA- r, ►.C. As we discussed on December 26, 1983: 1 am in the process of preparing the documentation to obtain ,a default judgment against the Willow Oaks Industrial Park for foreclosure on the two parcels owned by it. The request for Default Judgment by the Court must be accompanied by declarations setting forth the amounts owing for prncipal, interest and penalties. Section 8833 of the Streets and Highways Code reads as follows: When any foreclosure actions are ordered, the tax collector shall be credited upon the assessment rolls then in his ha-nds for the amount charged.against him on account of the assessments or reassessments to be sued on and he shall be relieved of further duty in regard thereto. Jack Prowse has indicated that, pursuant to this section, he should be credited with the delinquent amotntR and relieved of further duty to collect them. He also indicated, based on this section, an unwillingness to partake in future activities concerning the foreclosure action. He, then, cannot, and, indeed, should not, s;.gn the declarations in support of the default judgment. The procedure to implement Section 8833 is as follows: JAN 14 113 Ronald M. Stein, Esq. December 30, 1983 Page 2 The City Council should pass a resolution requesting that the County Regard of Supervisors order the County Auditor to cancel the assessments and credit the tax collector with the amounts owing on principal and interest, pursuant to the Section. The City then becomes responsible for collecting the assessments and the City Finance Director can sign the required Declaration. Paul Heurlin, County Auditor, is, essentially, in agreement with Jack on this. Therefore, if you would prepare and have the City Council pass such a resolution as soon as possible, and then forward it to the County Board for their passage, we can move on with the foreclosure process. If you have any questions or comments, or would like to further discuss this matter, please feel free to contact me. Very truly yours, RAY W. SHERMAN, JR. PROFESSIONAL CORPORATION S?:cw