HomeMy WebLinkAbout02-039 CC ResolutionRESOLUTION NO. 02-39
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 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 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 again 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 the 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
delinquent special taxes; and
H. Under the provision of Section 53356.2 of the California Government
R:/Resos 2002/Resos 02-39 1
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 Rolls 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's shall certify the adoption of this Resolution.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Temecula on
Ron Roberts, Mayor
ATTEST:
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. 02-39 was duly and regularly adopted by the City Council of the City of Temecula at a
regular meeting thereof held on the 28th day of May, 2002, by the following vote:
AYES:
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
COUNCILMEMBERS: Comerchero, Naggar, Pratt, Stone, Roberts
I~usan W. Jghes, CMC
~xx.~_~.J City Clerk
R:/Resos 2002/Resos 02-39 3
CFD 88-12
Riverside County Community Facilities Districts
EXHIBIT ' A' WITH NAMES
Page:
Assessors
Parcel
Number
(YNEZ CORRIDOR)
Installment
Delinquent
Amount
NORTH PLAZA
921-730-004-2
December 10, 2001
April 10, 2002
3,002.15
3,002.15
921-730-005-3
December 10, 2001
April 10, 2002
5,216.08
5,216.08
921-730-006-4
December 10, 2001
April 10, 2002
11,869.48
11,869.48
921-730-007-5
December 10 2001
April 10, 2002
2,121.21
2,121.21
921-730-008-6
December 10, 2001
April 10, 2002
1,147.54
1,147.54
921-730-009-7
December 10 2001
April 10, 2002
1,066.40
1,066.40'
921-730-010-7
December 10 2001
April 10, 2002
1,947.34
1,947.34
921-730-011-8
December 10 2001
April 10, 2002
1,924.16
1,924.16
921-730-012-9
December 10, 2001
April 10, 2002
1,309.82
1,309.82
921-730-013-0
December 10, 2001
April 10, 2002
1,437.32
1,437.32
921-730-014-1
December 10, 20Q1.
April 10, 2002
1,483.69
1,483.69
921-730-015-2
December 10, 2001
April 10, 2002
8,067.54
8,067.54
921-730-023-9
December 10, 2001
April 10, 2002
7,232.97
7,232.97
R~/gCHO CALIF HIGHLANDS II
944-330-001-0
December 10, 2001
April 10, 20.02
8,739.84
8,739.84
944-330-003-2 December 10, 2001 4,879.94
April 10, 2002 4,879.94
CFD 88-12
Riverside'~Co~nty Community Facilities Districts
E X ~ i~JB I T ' A ' W I T H N A M E S
Page:
Assessors
Parcel Installment
Number. Delinquent
(YNEZ CORRIDOR) (CONTINUED)
Amount
944-330-004-3
December 10, 2001
April 10, 2002
5,436.32
5,436.32
944-330-005-4
December 10, 2001
April 10, 2002
5,285.63
5,285.63
944-330-007-6
December 10, 2001
April 10, 2002
3,674.44
3,674.44
2
944-330-017-5 December 10, 2001 10,791.49
April 10, 2002 10,791.49