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81-123
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Last modified
1/28/2015 3:39:33 PM
Creation date
6/26/2003 10:46:52 AM
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City Clerk
Doc Type
Resolution
Doc #
81-123
Date
8/3/1981
Document Relationships
81-119
(Amends)
Path:
\Resolutions\CITY COUNCIL\1952 - 1999\1981
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and payment of the principal of the bonds and the interest <br />thereon, and all the bonds are secured by the monies in the <br />redemption fund created pursuant to said proceedings and by <br />the unpaid assessments levied to provide for payment of said <br />acquisitions and improvements, and, including principal and <br />interest, are payable exclusively out of said redemption <br />fund. <br /> <br /> The unpaid assessments are collected in annual install- <br />ments together with interest on the declining balances on <br />the tax roll on which general taxes for real property are <br />collected and are payable and become delinquent at the same <br />time and in the same proportionate amounts and bear the same <br />proportionate penalties and interest and are subject to the <br />same provisions for sale and redemption as are properties <br />for non-payment of general taxes. <br /> <br /> In the event of a delinquency in the payment of any <br />installment of principal and interest appearing on the tax <br />roll, the City is obligated to advance from surplus funds <br />the amount of such delinquency to the redemption fund. <br /> <br /> Passage on June 6, 1978, of the Jarvis-Gann Initiative <br />(Proposition 13), now Article XIIIA of the California <br />Constitution, has sharply reduced the amount of general <br />property tax revenues received by the City; such reduction <br />in tax revenues makes it less likely that the City will have <br />surplus funds to advance to the Redemption Fund to cover <br />delinquencies. In addition, passage of said Initiative and <br />sub~e~5~_~Rry enactments eliminate the formerly <br />applicable mandatory duty on the part of the City to levy <br />and collect a special tax (in the amount necessary to meet <br />delinquencies, but not to exceed 10~ per $100 of assessed <br />valuation of property within the City) if surplus funds are <br />not available to cover delinquencies. <br /> <br /> COVENANT FOR SUPERIOR COURT FORECLOSURE: In the event <br />of delinquency in the payment of any installment of an <br />unpaid assessment, the City may order institution of an <br />action in the Superior Court of the State of California to <br />foreclose the lien of such unpaid assessment, as authorized <br />in Part 14 of Division 10 of the Streets and Highways Code <br />of the State of California (the "Improvement Bond Act of <br />1915"). In such action the real property subject to the <br />unpaid assessment may be sold at judicial foreclosure sale. <br />Upon such a sale the right of redemption is limited to one <br />year from the date of sale, as distinguished from the <br />five-year redemption period in the event of a tax sale. <br /> <br /> Such judicial foreclosure sale, which was authorized in <br />Part 14 of Division 10 of the Streets and Highways Code (the <br />"Improvement Bond Act of 1915"), is not mandatory; and the <br />City could, absent a covenant to use judicial foreclosure, <br />permit a tax sale and the five-year redemption period. <br />However, by the resolution of the City Council, the City <br />covenants with the holders of the bonds that in the event <br />there are no available surplus funds and moneys remaining <br />in the reserve fund from which transfers may be made into <br />the redemption fund, pursuant to and as provided in Sections <br />8802, 8803 and 8806 of the Streets and Highways Code of the <br /> <br />-3- <br /> <br /> <br />
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