HomeMy WebLinkAboutResolution - 3137 STATE OF CALIFORNIA ) RESOLUTION NO. 3137
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
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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
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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.
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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
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By.
yres, or
ATTEST:
orothy L. houinard, City Clerk
APPROVED AS TO FORM:
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Ciry AtIrorhey, City a San Jacinto
BEST BEST & KRIEGER LLP
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