HomeMy WebLinkAboutResolution No. 08-C1160 0
RESOLUTION NO. 08-C116
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AZUSA, ACTING AS
THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT 2005-IA1
FACILITIES, ORDERING JUDICIAL FORECLOSURE OF CERTAIN PROPERTIES
FOR WHICH THE PAYMENT OF SPECIAL TAXES ARE DELINQUENT PURSUANT
TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982, APPROVING
AND RATIFYING CERTAIN ACTIONS OF THE CITY ATTORNEY AND ORDERING
THAT THE TAX COLLECTOR BE CREDITED. WITH THOSE SPECIAL TAXES
WHEREAS, the City of Azusa (the "City") has heretofore formed the above referenced
CFD pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act')
commencing with California Government Code section 53311, et seq.; and
WHEREAS, a series of bonds have been issued by such CFD pursuant to the Act and
such series of bonds is secured by special taxes levied within the CFD for which such series of
bonds were issued; and
WHEREAS, pursuant to the Act, the City, acting for and on behalf of the CFD, has duly
and regularly levied the special taxes, the payment of which is secured by a continuing lien; and
WHEREAS, certain special taxes and installments have not been paid when due, and
certain installments of those special taxes may not be paid in the future; and
WHEREAS, under the provisions of section 53356.1 of the Government Code, of the
State of California, the City s authorized, not later than four (4) years after the due date of the
last installment of special taxes, to order the same to be collected by an action brought in the
superior court to foreclose the lien of those special taxes; and
WHEREAS, the CFD has covenanted with the bondholders as authorized by section
53356.1 of the Government Code to institute judicial foreclosure proceedings; and
WHEREAS, under the provisions of section 53356.2 of the Government Code, when
such foreclosure action is ordered, the county tax collector is to be credited upon the current tax
roll with the amount charged on account of the delinquent special taxes to be sued on, including
applicable penalties, interests and costs and to be relieved of further duty in regard thereto; and
WHEREAS, the City Council, acting in its capacity as the legislative body of the CFD,
desires to authorize and order the City Manager to cause an action or actions to be brought in the
superior court to foreclose the lien of special tax when required by the covenants of any CFD
with the holders of the bonds issued for such CFD to collect any delinquent special taxes levied
in whole or in part for the payment of such bonds, together with penalties, interest and costs
thereon.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by
the City Council of the City of Azusa, acting in its capacity as the legislative body of Community
Facilities District 2005-IAl Facilities as follows:
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Section 1. The City Council hereby authorizes and orders the City Manager to work with
the City Attorneys Office to cause an action to be brought in the superior court to foreclose the
lien of special tax when required by the covenants with the holders of the bonds issued; for such
CFD and to collect any delinquent special taxes levied in whole or in part for the payment of
such bonds, together with penalties, interest and costs thereon.
Section 2. The City Council finds that the Act provides for the payment of the costs and
attorneys fees for prosecution of the foreclosure lawsuits hereby authorized by the City: Council
on redemption prior to entry of judgment as well as on post judgment redemption, and hereby
authorizes the City Manager to require payment on its behalf of all costs and all attorneys fees
incurred in the applicable foreclosure lawsuit as a condition of such redemption.
Section 3. Best Best & Krieger LLP, as the City Attorney is hereby authorized and
directed to institute such actions in the name of the City and the affected CFD to foreclose the
liens of all such delinquent special taxes. All actions taken on behalf of the City and the affected
CFD by the City Attorney in furtherance of such foreclosure are hereby approved and ratified.
Section 4. The City Manager,in cooperation and in conjunction with the City Attorney, is
authorized and directed if and as applicable, pursuant to Government Code Section 53356.2: 1)
to record notices of intent to remove the delinquent special taxes from the tax rolls, and 2) to
request that the applicable County officials remove current and future delinquent special taxes
from the tax rolls.
Section 5. This Resolution shall become effective immediately upon its passage.
PASSED, APPROVED AND ADOPTED this 15"' day of December 2008.
R"�h 'M/' cvu^
ATTEST:
era Mendoza, City Clerk
I HEREBY CERTIFY that the foregoing Resolution No. 08-C116 was duly adopted by
the City Council of the City of Azusa at a regular meeting held on the 15"` day of December,
2008, by the following vote of the Council:
AYES:
.NOES:
ABSENT:
i
COUNCILMEMBERS: GONZALES, CARRILLO, MACIAS, HANKS, ROCHA
COUNCILMEMBERS:NONE
COUNCILMEMBERS:NONE
ABSTAIN+ COUNCILMEMBERS:NONE
Vera Mendoza, City Clerk
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