HomeMy WebLinkAboutReso 2008-114
RESOLUTION NO. 2008-114
RESOLUTION OF CITY COUNCIL OF THE CITY OF CHULA
VISTA ACTING AS THE LEGISLATIVE BODY OF
ASSESSMENT DISTRlCT NO. 2001-1 OF THE CITY OF
CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF
DELINQUENT SPECIAL ASSESSMENTS PURSUANT TO
THE IMPROVEMENT BOND ACT OF 1915 AND THE
MUNICIPAL IMPROVEMENT ACT OF 1913
WHEREAS, Assessment District No. 2001-1 of the City ofChula Vista (AD No. 2001-1)
has incurred bonded indebtedness and levied special assessments for the payment of bonds
pursuant to the provisions of the Improvement Bond Act of 1915 (commencing with Section
8500) of Part I of Division 10 of the California Streets and Highway Code (the "Improvement
Bond Act") and the Municipal Improvement Act of 1913 (commencing with Section 10,000) of
Part I of Division 12 of the California Streets and Highway Code (the "Municipal Improvement
Act"); and
WHEREAS, pursuant to the Improvement Bond Act and the Municipal Improvement
Act, AD No. 2001-1 has duly levied and recorded the unpaid special assessments, which special
assessments and each installment thereof and interest and penalties thereon constitute liens
against the lots and parcels ofland against which they are made, until the same are paid; and
WHEREAS, certain special assessment installments have not been paid when due, and
certain installments of those special assessments may not be paid in the future; and
WHEREAS, under the provisions of Section 8834 of the Streets and Highways Code of
the State of California, the City Council acting in its capacity as the legislative body of AD No.
200 I-I is authorized and may order that a foreclosure action be brought to collect the delinquent
special assessments due against the properties within AD No. 200 I-I not later than four (4) years
after the date of delinquency of the last installment due on the bond; and
WHEREAS, the City has covenanted to bondholders to institute judicial foreclosure
proceedings pursuant to the provisions of Section 8830 et seq. of the Streets and Highways Code
of the State of California: and
WHEREAS, the City Council acting in its capacity as the legislative body of AD No.
2001-1 has determined that the public convenience and necessity require prompt action at the
City's discretion, to initiate foreclosure proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula
Vista, acting in its capacity as the legislative body of Assessment District No. 2001-1 of the City
of Chula Vista, as follows:
Resolution No. 2008-114
Page 2
SECTION I. The delinquent special assessments on parcels listed in Exhibit A attached
hereto and incorporated herein, and all future installments of special assessments which are not
paid when due shall be collected by action brought in the Superior Court of San Diego County to
foreclose the delinquent special assessments to the extent allowed by law.
SECTION 2. AD No. 2001-1 is hereby authorized and directed to have the law firm of
Stradling Yocca Carlson & Rauth, 660 Newport Center Drive, Suite 1600, Newport Beach,
California 92660, institute such actions in the name of AD No. 2001-1 and the City of Chula
Vista to foreclose delinquent special assessments.
SECTION 3. The Director of Finance of the City of Chula Vista 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 assessment
installments be collected by action brought in the Superior Court of San Diego County to
foreclose the delinquent special assessments.
b. All inquiries regarding payment of the delinquent special assessments shall be
forwarded to Stradling Yocca Carlson & Rauth c/o Allison E. Bums, Esq., 660 Newport
Center Drive, Suite 1600, Newport Beach, California 92660.
SECTION 4. This resolution shall take effect immediately upon its adoption.
Presented by
Approved as to form by
~ /f"A.dtY~
Man Kachadoonan
Finance Director
~ vC\'\~fu ~~
Ann Moore \
City Attorney
Resolution No. 2008-114
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista,
California, this 6th day of May 2008 by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, Ramirez, Rindone, and Cox
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
ATTEST:
4/A/A K ~~,'~
Donna R. Noftis, c'rvlc, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Donna R. Norris, Interim City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 2008-114 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 6th day of May 2008.
Executed this 6th day of May 2008.
tJ~ K(4h~
Donna R. Norfis, CMC, Interim City Clerk
Resolution No. 2008-114
Page 4
EXHIBIT A
List of DelinQuent Prooerty (Bv Assessor's Parcel Number)-Assessment District No. 2001-1
595-410-24-07
595-420-03-10
595-420-08-15
595- 361-29-00
595-430-18-05