HomeMy WebLinkAbout98-002 CC ResolutionRESOLUTION NO. 98-02
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 UI~N 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, California, did previously undertake proceedings
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 codified,
Government Code section 53311, et seq.; and
B. The County of Riverside did pre~5ously 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
Resos\98-02 I
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 special 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 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
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 conjunction 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
Resos\98-02 2
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.
PASSED, APPROVED AND ADOPTED, by the City Council of the City of Temecula,
at a regular meeting held on the 13th day of January, 1998.
Ron Roberts, Mayor
June S. Greek, CMC/AAE
City Clerk
[SEAL]
Resos\98-02 3
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF TEMECULA
)
) ss
)
I, June S. Greek, City Clerk of the City of Temecula, HEREBY DO CERTIFY that the
foregoing Resolution No. 98-02 was duly adopted at a regular meeting of the City Council of
the City of Temecula on the 13th day of January, 1998, by the following roll call vote:
AYES: 5
COUNCILMEMBERS'
Comerchero, Ford, Lindemans,
Stone, Roberts
NOES' 0 COUNCILMEMBERS' None
ABSENT: 0 COUNCILMEMBERS: None
S'
June . Greek, CMC/AAE
City Clerk
Resos\98-02 4
EX!iIBIT A
CFD 88-12
DRLrNQUENT PARCEL LISTING
910-300-002-1;
921-291-029-9
921-291-042-0;
921-291-071-6;
921-292-024-7;
921-730-007-5;
921-730-011-8;
921-730-015-2;
944-330-001-0;
944-33O-OO5-4;
921-260-025-9;
921-291-032-1;
921-291-054-1;
921-291-075-0;
921-292-042-3;
921-730-004-2;
921-730-008-6;
921-730-012-9;
921-750-004-4;
944-330-002-1;
and 944-:330-007-6
921-291-009-1;
921-291-037-6;
921-291-063-9;
921-292-005-0;
921-320-009-0;
921-730-005-3;
921-730-009-7;
921-730-013-0;
921-750-005-5;
944-330-003-2;
921-291-018-9;
921-291-039-8;
921-291-070-5;
921-292-019-3;
921-720-008-5;
921-730-006-4;
921-730-010-7;
921-730-014-1;
921-750-006-6;
944-330-004-3;