HomeMy WebLinkAboutCC Reso No 1993-50RESOLUTION N0. 93-5~
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE ORDERING JUDICIAL
FORECLOSURE OF DELINQUENT TAXES PURSUANT TO
THE MELLO-RODS COMMUNITY FACILITIES ACT OF
1982, THAT THE TAX COLLECTOR BE CREDITED WITH
THOSE TAXES AND DESIGNATING COUNSEL
WHEREAS, the City Council (the "Council") of the City
of Lake Elsinore (the "City") is the legislative body of
Community Facilities District No. 88-3 (West Lake Elsinore) (the
"District"), established pursuant to the provisions of the Mello-
Roos Community Facilities District Act of 1982, as amended
(California Government Code Sections 53311, et she,.; the "Act"),
resulting in the issuance .and sale of bonds pursuant to the
provisions of the Act, which bonds are currently outstanding; and
WHEREAS, pursuant to the Act, the City has duly and
regularly recorded a Notice of Special Tax Lien, and has duly and
regularly levied special taxes, and each installment of the
special tax, and interest and penalties thereon constitutes a
lien against the parcel of the land against which it was levied
until the same are paid; and
WHEREAS, certain special tax installments were not paid
when due, and further installments of those taxes may not be paid
in the future; and
WHEREAS, pursuant to the provisions of Section 53356.1
of the Act, the Council is authorized, not later than four years
after the due .date of the last installment of bond principal, to
order any delinquent special taxes levied in whole or in part for
payment of the bonds, together with any penalties; interest, and
costs, be collected by an action brought in the Superior Court to
foreclose the lien of the special tax; and
WHEREAS, this Council is required by covenant with the
bondholders to institute judicial foreclosure proceedings; and
WHEREAS, when such foreclosure action is ordered, the
County Treasurer-Tax Collector is to be credited upon the tax
roll with the amount of the taxes to be sued upon and to be
relieved of further duty and regard thereto; and
LELS/RFSOFORE.i
WHEREAS, this Council desires and is authorized to
retain experienced and qualified special counsel to prosecute
such judicial foreclosure actions;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF LAKE ELSINORE, AS FOLLOWS:
SECTION 1. The Council finds that the Act authorizes
the filing of judicial foreclosure lawsuits to collect the
delinquent special taxes listed on Attachment A hereto, and the
Council hereby orders that ,the delinquent special taxes listed on
Attachment A and all future installments of special taxes secured
by those parcels which are not paid when due, be collected by
lawsuits brought in the Superior Court to foreclose the liens
thereof.
SECTION 2. The Council hereby designates and directs
the City Attorney to institute such actions in the name of the
City to foreclose the liens of all such delinquent special taxes
and hereby authorizes and directs the City Finance Director to
obtain the necessary information and prepare the necessary
schedules to facilitate the foreclosure actions on behalf of the
City authorized herein.
SECTION 3. The City Finance Director in cooperation
and in conjunction with the City Attorney, is authorized and
directed to transmit a certified copy of this Resolution to the
County Auditor with a letter that shall state that:
(a) The Council has ordered that the delinquent
special taxes be collected by action brought in
Superior Court of the County of Riverside to foreclose
the liens thereof;
(b) Pursuant to Government Code Section 53356.2,
the Treasurer-Tax Collector of the County is to be
credited upon the current tax roll with the amounts of
the delinquent special taxes to be sued upon including
applicable penalties, interest, and costs, and is to be
relieved of further duty in regard thereto;
(c) If installments of the special taxes to be
sued upon become delinquent in the future, the County
LELSlRFSOFORE.1 2 _„
__ w
Treasurer-Tax Collector may be credited with the
amounts charged on account of those installments and
relieved of further duty in regard thereto by means of
a letter of instruction from the City Finance Director;
(d) when the installments of the special taxes to.
be sued 'upon are removed from the tax rolls, if
possible they shall be replaced by a legend or notice
reading "Additional Delinquencies, Call City Attorney
at 909/674-3124 extension 301 for payment" or some
shortened version of such notice as may be agreed upon
by the City Attorney and the County Treasurer-Tax
Collector; and
(e) When the installments of the special taxes to
be sued upon are removed from the tax rolls, the County
Auditor shall send written confirmation of the parcels
and amounts removed to the City Finance Director and to
the City Attorney at City Hall, City of Lake Elsinore,
130 So. Main Street, Lake Elsinore, California 92530.
SECTION 4. This resolution shall take effect
immediately upon its passage and adoption.
PASSED, APPROVED and ADOPTED this l0 the day of August,
1993.
~ ~~~~
y M. Washburn,
ayor
Approved as to form
and legality:
o n R. Harper
City Attorne
BY THE FOLLOWING VOTE:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
LELS/RFSOFORE.1 3 -
RESOLUTION NO. 93-b_O
ATTACHIdENT A
Community Facilities District No. 88-3 (West Lake Elsinore)
ASSESSOR'S DELINQUENCY DELINQUENT
PARCEL N0 DA TE AMOUNT
.
387-030-011-9 12-10-92 / 4-10-93 $ 29,517.06
387-030-012-0 12-10-92 / 4-10-93 35,556.58
389-050-015-9 12-10-92 / 4-10-93 13,482.58
389-050-017-1 12-10-92 / 4-10-93 4,040.52
389-050-026-9 12-10-92 / 4-10-93 24,498.32
389-070-004-1 12-10-92 / 4-10-93 13,737.76
389-070-005-2 12-10-92 / 4-10-93 51,761.20
389-070-014-0 12-10-92 / 4-10-93 81,363.32
389-070-016-2 12-10-92 / 4-10-93 35,981.90
389-332-012-7 12-10-92 / 4-10-93 1,462.80
389-332-022-6 12-10-92 / 4-10-93 1,462.80
389-332-004-3 12-10-92 / 4-10-93 1,462.80
389-333-013-1 12-10-92 / 4-10-93 1,462.80
389-464-011-4 4-1 0- 93 585.74
TOTAL $296,376.18
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, VICKI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE,
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 10th day of August, 1993, and that it was so
adopted by the following vote:
AYES: COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ,
WINKLER, WASHBURN
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS: NONE
VI KC'I KA AD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) SS:
CITY OF LAKE ELSINORE )
I, 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. 93-50 of said Council, and that the
same has not been amended or repealed.
D TED: August 11, 1993
VICKI KA.>AD, CITY CLERK
CITY OF LAKE ELSINORE
(SEAL)