HomeMy WebLinkAbout99-064 CC ResolutionRESOLUTION NO. 99-64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ORDERING ACTION TO TRANSMIT TO THE
COUNTY OF RIVERSIDE DOCUMENTS NECESSARY TO
CREDIT THE COUNTY OF RIVERSIDE TAX COLLECTOR
UPON THE TAX ROLL AND TO RELIEVE THE TAX
COLLECTOR OF FURTHER DUTY THERETO IN COMMUNITY
FACILITIES DISTRICT NO. 88-12 AS REQUIRED BY LAW;
ORDERING FORECLOSURE ACTIONS TO FORECLOSE THE
DELINQUENT SPECIAL TAX LIENS; AND ORDERING THE
RECORDATION OF A NOTICE OF INTENT TO REMOVE
DELINQUENT SPECIAL TAX INSTALLMENTS FROM THE TAX
ROLL.
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES RESOLVE AS FOLLOWS:
Section 1.
declare as follows:
The City Council of the City of Temecula does hereby find, determine and
A. The County of Riverside, Califomia, did previously undertake preoeedings
to and did establish a community facilities district pursuant to the provisions of the Mello-Roos
Community Facilities Act of 1982 (hereinafter "Mello-Roos Act"), as codi~ed, Government Code
section 53311, et seq.; and
B. The County of Riverside did previously issue special tax bonds pursuant
to the applicable provisions of the Mello-Roos Act to finance public improvements; and
C. Pursuant to the Mello-Roos Act, the timely collection of the special tax
installments are necessary for the timely payment of all principal and interest on the special tax
bond 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; and
D. Certain special taxes have not been paid when due, and certain special
taxes may not be paid in the future; and
E. The County of Riverside 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 spedal taxes; and
F. The City of Temecula, as successor-in-interest to the County of Riverside,
desires to assume the duty of the County of Riverside Tax Collector in collecting upon the
existing delinquencies in Community Facilities District No. 88-12; and
G. Under the provisions of Section 8834 of the California Streets and
Highways Code, the City Council is authorized, at any time prior to the expiration of four years
subsequent to the last maturity of the principal of bonds secured by assessment or
reassessment, to order the same to be collected by an action brought in the Superior Court to
foreclose the liens of the delinquent special taxes; and
Resos\99-64 1
H. Under the provisions of Section 8833 of the California Streets and
Highways Code, when such foreclosure actions are ordered, the county tax collector is to be
credited upon the current 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 Tax 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.
Section 2. The City Council of the City of Temecula hereby orders that the
delinquent payments of special taxes for CFD 88-12 with respect to those parcels identified on
"Exhibit A" attached hereto and incorporated 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 Riverside to foreclose the liens thereof.
Section 3. The City Attorney is hereby authorized and directed to institute such
actions in the name of the City to foreclose the liens of all such delinquent special taxes.
Section 4. The City Clerk, in cooperation and in conjunction with the City Attorney, is
hereby authorized and directed to prepare and cause to be recorded with the County Recorder
of the County of Riverside a Notice of Intent to Remove Delinquent Special Tax Installments
from the Tax Roll.
Section 5. The City Clerk, in cooperation and in conduction with the City Attorney, is
hereby 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 fees as is necessary or appropriate to credit the County of Riverside Tax
Collector upon the tax roll with the amounts charged against the Tax Collector on account of the
delinquent special tax installments to be sued upon and to relieve the Tax Collector of further
duty in regards thereto.
Section 6. The City Manager, in cooperation and in conjunction with the City
Attorney, is hereby authorized and directed to take such further actions as may be necessary or
convenient to recover the special taxes due from the properties and to prosecute the foreclosure
actions.
Section 7. The City Clerk shall certify the adoption of this Resolution.
Resos\99-64 2
PASSED, APPROVED AND ADOPTED by the City Council of the/;
July 13, 1999.
y of Temecula on
/
ve . or
ATTEST:
Susan W Jo es
r
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF TEMECULA )
SS
I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution
No. 99-64 was duly and regularly ad~opted by the City Council of the City of Temecula at a
regular meeting thereof held on the 13 day of July, 1999, by the following vote:
AYES: 5
NOES: 0
ABSENT: 0
COUNCILMEMBERS
COUNCILMEMBERS:
COUNCILMEMBERS:
Comerchem, Lindemans, Roberts, Stone, Ford
None
None
Susa , CMC
lerk
Resos\99-64 3
Riverside County Community Facilities Districts
EXHIBIT A
Assessor's Parcel No.
Installment DelinQuent
CFD 88-12 (YNEZ CORRIDOR)
NORTH PLAZA
921-730-004-2
921-730-005-3
921-730-006-4
921-730-007-5
921-730-008-6
921-730-009-7
921-730-010-7
921-730-011-8
921-730-012-9
921-730-013-0
921-730-014-1
921-730-015-2
921-730-018-5
April 10, 1998
April 10, 1998
April 10, 1998
April 10, 1998
April 10, 1998
April 10, 1998
Apdl 10, 1998
April 10, 1998
April 10, 1998
April 10, 1998
April 10, 1998
April 10, 1998
April 10, 1998
PALM PLAZA
910-300-013-1
April 10, 1998
RANCHO CAL HIGHLANDS II
944-330-001-1
December 10, 1997
April 10, 1998
944-330-003-2
December 10, 1997
April 10, 1998
944-330-004-3
December 10, 1997
Apdl 10, 1998
944-330-005-4
December 10, 1997
April 10, 1998
944-330-007-6
December 10, 1997
April 10, 1998
944-330-017-5
December 10, 1997
April 10, 1998
Amount
3,188.38
5,539.66
12,605.80
2,252,80
1,218.73
1 132.55
2 068.14
2 043.52
I 391.07
I 526.48
1 575.73
8 568.00
9 294.31
16,397.38
9,282.00
9,282.00
5, 182.66
5, 182.66
5,773.55
5,773.55
5,613.52
5,613.52
3,902.38
3,902.38
11,460.93
11,460.93
Resos\99-64 4