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HomeMy WebLinkAboutResolution - 3137 STATE OF CALIFORNIA ) RESOLUTION NO. 3137 COUNTY OF RIVERSIDE )ss CITY OF SAN JACINTO ) ..r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JACINTO ACTING AS THE GOVERNING BODY OF ITS COMMUNITY FACILITIES DISTRICT NO. 2 AUTHORIZING THE CITY MANAGER TO ORDER JUDICIAL FORECLOSURE OF PROPERTY WITH DELINQUENT SPECIAL TAXES PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 WHEREAS, the City of San Jacinto (the "City') formed its Community Facilities District No. 2 (the "CFD") and issued its $17,841,416.76 City of San Jacinto Community Facilities District 2002-1 Special Tax Bonds, 2002 Series A (the "Bonds") pursuant to the Mello-Roos Community Facilities Act of 1982 (Cal. Gov. Code Section 53311, et seq.; the "Act"); and WHEREAS, the Bonds are secured by special taxes levied within the CFD; and WHEREAS, pursuant to the Act, the City has duly recorded a notice of special tax lien on property subject to such special taxes which created a lien on such property to secure the payment of the special taxes and any interest and penalties thereon; and WHEREAS, the City has duly levied such special taxes annually; and WHEREAS, certain installments of the special taxes have not been paid when due and certain special taxes may not be paid when due in the future; and WHEREAS, pursuant to Section 53356.1 of the Act, the CFD is authorized to order the collection of special taxes by an action to foreclose property within a community facilities district when the payment of such special taxes is delinquent; and WHEREAS, pursuant to certain legal documents executed in connection with the issuance of the Bonds, the CFD has covenanted to file judicial foreclosure actions for the benefit of bondholders when any special taxes are delinquent; and WHEREAS, the City desires to authorize the City Manager to initiate judicial foreclosure proceedings, when and as appropriate, for property within the CFD which is or may become delinquent in the payment of special taxes. NOW, THEREFORE, BE IT RESOLVED determined and ordered by the City Council of the City of San Jacinto: SECTION 1. City Manager Authorization. The City Council authorizes the City Manager to file of judicial foreclosure action to collect Page 1 of 3 delinquent special taxes on property within the CPD when and as appropriate. SECTION 2. Attorneys Fees & Costs. The City Council finds that the Act provides for the payment of the costs and attorneys fees for prosecution of the foreclosure lawsuits authorized by the City on redemption prior to entry of judgment as well as on post- judgment redemption, and hereby authorizes the City Manager to require payment on its behalf of all costs and all attorneys fees incurred in the applicable foreclosure lawsuit as a condition of such redemption. SECTION 3. Appointment for AttorneX. The City Council hereby directs Best Best & Krieger LLP, as City Attorney to the City, to initiate judicial foreclosure actions upon the direction of the City Manager. Best Best & Krieger LLP shall be compensated in accordance with the city attorney services agreement currently in effect with the City. SECTION 4. Removal of Lien from County Tax Roll. The City Manager in conjunction with special counsel and other City consultants are authorized and directed if and as applicable, pursuant to Government Code Section 53356.2: 1) to record notices of intent to remove the delinquent special taxes from the tax rolls, and 2) to request that the applicable County officials remove current and future delinquent special taxes from the tax rolls. .r Page 2of3 APPROVED, SIGNED and ADOPTED, at a Regular Meeting of the City Council of the Cit of San Jacinto on this 17th day of April, 2008, by the following vote: Ayes: Ayres, Carlson, Mansperger, Ritchie Nays: None Absent: Stubblefield Abstain: None City of San Jacinto f By. yres, or ATTEST: orothy L. houinard, City Clerk APPROVED AS TO FORM: C).vtz ;3 254�� Ciry AtIrorhey, City a San Jacinto BEST BEST & KRIEGER LLP Page 3 of 3