HomeMy WebLinkAboutResolution - 3236 STATE OF CALIFORNIA ) RESOLUTION NO. 3236
COUNTY OF RIVERSIDE )ss
CITY OF SAN JACINTO )
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JACINTO ACTING AS THE GOVERNING BODY OF 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 FOR FISCAL YEAR 2008-09
WHEREAS, the City of San Jacinto (the "City") formed Community Facilities
District No. 2 (the "CFD") and issued bonds within the CFD pursuant to the Mello-Roos
Community Facilities Act of 1982 (Cal. Gov. Code Section 53311, et seq.; the "Act');
and
WHEREAS, the bonds of the CFD 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 it is likely that the next installment of special taxes may not be paid when due
on April 10, 2009; and
WHEREAS, pursuant to Section 53356.1 of the Act, a community facilities district
is authorized to order the collection of special taxes by an action to foreclose property
within such 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 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 during fiscal year 2008-09.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San
Jacinto acting as the governing body for the CFD that:
Section 1. Authorization. The City Council authorizes the City Manager to
file of judicial foreclosure action to collect delinquent special taxes
on property within the CFD when and as appropriate which
becomes delinquent during fiscal year 2008-09.
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Section 2. Payment of Attorney's Fees. 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 of Counsel. 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
general services agreement currently in effect with the City.
Section 4. Removal from 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.
PASSED, APPROVED and ADOPTED, this 19th day of February, 2009, by the
following vote:
Ayes: Ayres, Di Memmo, Mansperger, Potts, Stubblefield
Nays: None
Abstain: None
Absent: None
p y..••••... .- City of San Jacinto
By Dale Stubble 'eld, Mayor
' 'trr;urrrrrr:
ATTEST:
orothy L. houinard, City Clerk
APPROVED AS TO FORM:
Best, Best & Krieger, LLP
e e S. Ballinge , City Attorney
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