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HomeMy WebLinkAboutResolution - 98-51 RESOLUTION NO 93-5I RESOLUTION ORDERING ACTION TO TRANSMIT TO THE COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO CREDIT THE RIVERSIDE COUNTY TAX COLLECTOR UPON THE TAX ROLL AND TO RELIEVF THE TAX COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY FACILITIES DISTRICT NO 2 AND ORDERING FORECLOSURE ACTION TO FORECLOSE THE DELINQUENT SPECIAL TAXES. WHEREAS, the Cit_v Council of the City of San Jacinto, California, did previously undertake proceedings to and did establish a community facilities district pursuant to the provisions of the"Mello-Roos Community Facilities District Act of 1482", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California(the "Act") Such community facilities district is known and designated as Community Facilities District No 2 (the "District"), and WHEREAS, the District did previously issue special tax bonds pursuant to the Act to finance public infrastructure construction: and WHEREAS, pursuant to the Act, the timely collection of the special taxes are necessary for the timely payment of all principal and interest on the special tax bonds and each special tax levy thereof and interest and penalties thereon constitute liens against the lots and parcels of land against which they are made, until the same are paid. WHEREAS. certain special taxes have not been paid when due, and certain special taxes may not be paid in the future, WHEREAS, the Citv of San Jacinto, through the District proceedings, has covenanted with the owners of the special tax bonds to commence and diligently pursue foreclosure actions against those parcels of land subject to the delinquent payment of special taxes, and WHEREAS, under the provisions of Section 53356. 1 of the Government Code of California, this City Council is authorized, not later than four years after the final maturity or the special tax bonds, to order the same to be collected by an action brought in the superior court to foreclose the liens of the delinquent special taxes, WHEREAS, under the provisions of Section 53356 2 of the Government Code of California, when such foreclosure actions are ordered, the county tax collector is to be credited upon the tax roll with the amount charged against the tax collector on account of the delinquent special taxes to be sued on and to be relieved of further duty in regard thereto and a Notice of Intent to Remove Delinquent Special 'Fax Installments from the Tax Roll is to be recorded with the county recorder's office in the county in which the real property is located, NOW THEREFORE BE IT RESOLVED by the City Council of the City of San Jacinto as follows: SECTION I The City of San Jacinto hereby orders that the delinquent payments of special taxes with respect to those parcels identified on --Exhibit A" attached hereto and meoruorated herein. and all subsequent delinquent special taxes with respect to those parcels which are not paid when due_ be collected by action brought in the Superior Court of the County of Riverside to foreclose the liens thereof. SECTION ? The Cite Attorney is hereby authorized and directed to institute or retain special legal counsel to institute such actions in the name of the City of San Jacinto to foreclose the liens of all such delinquent special taxes SECTION ) The Citv of San Jacinto hereby orders that the City Manager or the City Manager's designee_ in cooperation and in conjunction with the City Attornev or special counsel, IS authorized and directed to prepare or cause to be prepared and cause to be recorded with the County Recorder of Riverside County a Noticc of Intent to Remove Delinquent Special 'fax Installments from the Tax Roll SECTION 4 The Citv of San Jacinto herebv orders that the City Treasurer. in cooperation and in conjunction with the ('ity Attorney or special corrnSei, is authorized and directed to transmit a certified copy of this Resolution to the Auditor/Controller's Office of the County of Riverside together with such other documents and the payment of such tees as is necessary or appropriate to credit the Riverside County Tax Collector upon the tax roll with the amounts charged avainst the Tax Collector on account of the delinquent special taxes installments to be sued upon and to relieve the Tax Collector of further duty in regards thereto. PASSED. APPROVED AND ADOPTED at a regular meeting of the City Council ofthe City of San Jacinto- California, held on the 4"' day of'November. 1998, by the following vote: AYES: Councilmewbers Conner, Cornett, Good, Williams and Mayor Smedley NOES None ABSTAIN None ABSENT None ATTEST: Pamela L. Lee, City Clerk