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