Res 93-029RESOLUTION NO. 93-029
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA,
ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES
DISTRICT NO. 88-1 OF THE CITY OF POWAY (PARKWAY
BUSINESS CENTER) ORDERING JUDICIAL FORECLOSURE OF
DELINQUENT SPECIAL TAXES PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982, AND ORDERING THAT
THE TAX COLLECTOR BE CREDITED WITH THOSE SPECIAL TAXES
WHEREAS, Community Facilities District No. 88-1 of the City of Poway
(Parkway Business Center) ("CFD No. 88-1") has incurred bonded indebtedness
and levied special taxes for the payment of bonds pursuant to the provisions
of the Mello-Roos Community Facilities Act of 1982 (commencing with Section
53311) of Part i of Division 2 of Title 5 of the Government Code (the "Mello-
Roos Act"); and
WHEREAS, pursuant to the Mello-Roos Act, CFD No. 88-1 has duly and
regularly levied and recorded the unpaid special taxes, which special taxes
and each installment 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
WHEREAS, certain special tax 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, this City Council acting in its capacity as the
legislative body of CFD No. 88-1 is authorized, not later than four (4) years
after the due date of the last installment of principal, 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, pursuant to the provisions of Section 53356.1(b) of the Mello-
Roos Act, CFD No. 88-1 is required by covenant with the bondholders to
institute judicial foreclosure proceedings; and
WHEREAS, the City Council acting in its capacity as the legislative body
of CFD No. 88-1 has determined that the public convenience and necessity
require prompt action, at the City Manager's discretion, to initiate
foreclosure proceedings; and
WHEREAS, under the provisions of Section 53356.2 of the Mello-Roos Act,
when such foreclosure action is ordered, the county tax collector shall 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,
interest and costs and to be relieved of further duty in regard thereto.
Resolution No. 93-029
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
acting in its capacity as the legislative body of Community Facilities
District No. 88-1 of the City of Poway (Parkway Business Center) as follows:
Section 1. In the event and at such time, if any, as the City
Manager of the City of Poway determines that it is necessary and desirable to
proceed with such foreclosure action, the delinquent special taxes listed on
Exhibit A attached hereto and incorporated herein, and all future installments
of those special taxes which are not paid when due, shall be collected by
action brought in the Superior Court of San Diego County to foreclose the
liens thereof.
Section 2. Subject only to the City Manager's prior determination
as set forth in Section 1 hereof, CFD No. 88-1 is hereby authorized and
directed to retain Stradling, Yocca, Carlson & Rauth, a Professional
Corporation, Newport Beach, California, as special legal counsel to institute
such actions in the name of CFD No. 88-1 and the City of Poway to foreclose
the liens of all such delinquent special taxes.
Section 3. Subject only to the City Manager's prior determination
as set forth in Section 1 hereof, the Director of Administrative Services of
the City of Poway, in cooperation and in conjunction with special counsel, is
authorized and directed to transmit a certified copy of this resolution to the
Auditor/Controller's office of the County of San Diego with a letter that
shall state that:
a. The City Council has ordered that the delinquent special tax
installments be collected by action brought in the Superior Court of San
Diego County to foreclose the liens thereof:
b. Pursuant to Government Code Section 53356.2, the San Diego
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, interest and costs and to be
relieved of further duty in regard thereto; and
c. All inquiries regarding payment of the delinquent special
taxes shall be forwarded to the City of Poway's special counsel,
Stradling, Yocca, Carlson and Rauth, Newport Beach, California.
Section 4.
adoption.
This resolution shall take effect immediately upon its
Resolution No. 93-029
Page 3
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway,
California, at a regular meeting thereof this 9th day of February, 1993.
Don Hi~gins6n, Ma~aq,~
ATTEST:
Marjor~e'!. Wahlsten, City Clerk
STATE OF CALIFORNIA )
)
COUNTY OF SAN DIEGO )
SS.
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do hereby
certify under penalty of perjury that the foregoing Resolution No. 93- 029 was
duly adopted by the City Council at a meeting of said City Council held on the
9th day of February, 1993, and that it was so adopted by the following vote:
AYES: CAFAGNA, CALLERY, EMERY, SNESKO, HIGGINSON
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
Marjori/e I~\. Wahlsten, City Clerk
City oi~PP~ay
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