HomeMy WebLinkAboutCC Reso No 1994-23RESOLUTION NO. 9 4- 2 3
R~SOLUTION OF THE CITY COUNCIL OF
THE CITY OF LAK~ ELSINORE
ORDERING FORECLOSURE ACTIONS AND
APPROVING SPECIAL COUNSEL AGREEMENT
WHEREAS, the City Council of the City of Lake Elsinore, California ("CITY"), has
heretofore undertaken proceedings pursuant to the "Improvement Bond Act of i915 ", being
Division 10 of the Streets and Highways Code of the State of California, commencing with
§8500 and the Mello-Roos Community Facilities Act, being Chapter 2. S of the Government
Code of the State of California, commencing with §53311 ("ACTS"), and has levied special
assessments and special taxes upon lands within special assessment districts an3 community
facilities districts ("DISTRICTS") described in Resolutions of Intention previously adopted for
said DISTRICTS; and
WHEREAS, said proceedings provided for the issuance of limited obligation
improvement bonds and/or special tax bonds ("BONDS") pursuant to the ACTS and said BONDS
were previously issued; and
WHEREAS, collection of all special assessments and/or special taxes levied pursuant to
said DISTRICT proceedings were and aze intended to provide timely payment of all amounts of
principal and interest due and pz~able pursuant to the terms of the above-referenced BONDS; and
WHEREAS, certain properties within the DISTRICTS have become delinquent due to
the nonpayment of said levied special assessment and/or special tax installments, said installments
now being in default, thereby necessitating the timely institution of judicial foreclosure actions .
with respect to such pazcels in order to comply with the CITY's covenant to the bondholders.
NOW, THEREFORE, it is hereby resolved as follows:
Section 1.That the above recitals are true and conect.
Section 2.That it is hereby ordered that all delinquent special assessments and/or special
taxes within the above DISTRICTS be collected by actions to be brought in the Superior Court
of this county to foreclose the lien thereof in accordance with the ACTS; this order is made
pursuant to California Streets and Highways Code §§ 8830, et seq., with respect to the
assessment districts and California Government Code §§5336.1, et seq., with respect to
community facilities districts.
Section 3.That it is hereby further ordered that in the event that any special assessments
and\or special taaces levied in the future within any of the DISTRICTS become delinquent such
delinquencies shall be collected in the same manner and the City Attorney of the CITY shall
provide a Notice to proceed to the CITY's Special Counsel for that purpose.
Section 4.That the SPECIAL COiJNSEL AGREEMENT relating to such action
submitted herewith and dated the date hereof is hereby approved and the appropriate officers of
the CITY are hereby authorized to execute the same on behalf of the CITY.
Approved and adopted this z 6 t t~day of A~r ~~, 1994.
AYES: ~~ . COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS`. NoNE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE n
AT ST: APPY~OVED AS TO FORM & LEGALITY:
~ ~e
~'u~
VICKI KASAD, CITY CLERK JOHN R. ARPER, CI Y TTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS;
CITY OF LAKE ELSINORE )
%, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINOREe
DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the
City Council of the City of Lake Elsinore at a regular meeting of
said Council on the 26th day of April, 1994, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WINKLERs WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENTo COUNCILMEMBERSe NONE
ABSTAIN: COUNCILMEMBERS: NONE
~
VICKI ZCA~ D, CITY CLERK
CITY UF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
Y, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
DO HEREBY CERTIFY that the above and foregoing is a full, true and
correct copy of Resolution No. 94-23 of said Council, and that the
same has not been amended or repealedo
DATED: May 13, 1994
D, CITY CLERK
C£TY OF LAKE ELSINORE
(SEAL)