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Home My WebLink About01-032 CC ResolutionRESOLUTION NO. 01- 32 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. The City Council of the City of Temecula does hereby find, determine and declare as follows: 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, etseq.; 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 pamels 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 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 Section 53356.1 of the California Government 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 R~Resos2001/Resos01-32 1 H. Under the provisions of Section 53356.2 of the California Government 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 ']'ax 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. R:/Resos2001/Resos01-32 2 PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on May 22, 2001. Comerchero, Mayor ATTEST: [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, City Clerk of the City of Temecula, do hereby certify that Resolution No. 01-32 was duly and regularly adopted by the City Council of the City of Temecula at a regular meeting thereof held on the 22nd day of May, 2001, by the following vote: AYES: 3 NOES: 0 ABSENT: 2 COUNCILMEMBERS: Naggar, Pratt, Comerchero COUNClLMEMBERS: None COUNCILMEMBERS: Roberts, Stone R:/Resos2001/Resos01-32 3 EXHIBIT A City of Temecula Community Facilities Districts CFD No. 88-12 (Ynez Corridor) Assessor's Parcel No. 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 Installment Delinquent Amount December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April ~0, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 December 10, 2000 April 10, 2001 3,130.32 3,130.32 5,438.78 5,438.78 12,376.25 12,376.25 2,211.77 2,211.77 1,196.53 1,196.53 1,111.93 1,111.93 2,030.48 2,030.48 2,006.31 2,008.31 1,365.74 1,365.74 1,498.69 1,498.69 1,547.03 1,547.03 8,411.98 8,411.98 9,125.06 9,125.06 R:/Resos2001/Resos01-32 4