HomeMy WebLinkAboutReso 2009-088RESOLUTION NO. 2009-088
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF
REASSESSMENT DISTRICT NO. 2001-1 OF THE CITY OF
CHULA VISTA ORDERING JUDICIAL FORECLOSURE OF
DELINQUENT SPECIAL REASSESSMENTS PURSUANT TO
THE REFUNDING ACT OF 1984 FOR 1915 IMPROVEMENT
ACT BONDS
WHEREAS, Reassessment District No. 2001-1 of the City of Chula Vista (RAD No.
2001-1) has incurred bonded indebtedness and levied special reassessments for the payment of
bonds pursuant to the provisions of the Refunding Act of 1984 for 1915 Improvement Act
Bonds, Division 11.5 (commencing with Section 9500) of the Streets and Highways Code of the
State of California (the "Refunding Act"); and
WHEREAS, pursuant to the Refunding Act, RAD No. 2001-1 has duly levied and
recorded the unpaid special reassessments, which special reassessments 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 reassessment installments have not been paid when due, and
certain installments of those special reassessments 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 of the City of Chula Vista ("City Council") acting in its
capacity as the legislative body of RAD No. 2001-1 is authorized and may order that a
foreclosure action be brought to collect the delinquent special reassessments due against the
properties within RAD No. 2001-1 not later than four (4) yeazs afrer the date of delinquency of
the last installment due on the bond; and
WHEREAS, pursuant to the provisions of Section 8830, er seg. of the Streets and
Highways Code of the State of California, RAD No. 2001-1 has covenanted to bondholders to
institute judicial foreclosure proceedings; and
WHEREAS, the City Council acting in its capacity as the legislative body of RAD No.
2001-1 has determined that the public convenience and necessity require prompt action at the
City of Chula Vista's discretion, to initiate foreclosure proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council, acting in its capacity as
the legislative body of RAD No. 2001-1, as follows:
SECTION 1. The delinquent special reassessments on parcels listed in Exhibit A
attached hereto and incorporated herein, and all future installments of special reassessments
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 reassessments to the extent allowed by law.
Resolution No. 2009-088
Page 2
SECTION 2. RAD No. 2001-1 is hereby authorized and directed to have the law firm of
Stradling Yocca Cazlson & Rauth ("Special Counsel"), 660 Newport Center Drive, Suite 1600,
Newport Beach, California 92660, institute such actions in the name of RAD No. 2001-1 and the
City of Chula Vista to foreclose delinquent special reassessments.
SECTION 3. The Director of Finance of the City of Chula Vista, or his/her written
designee, 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 reassessment
installments be collected by action brought in the Superior Court of San Diego County to
foreclose the delinquent special reassessments.
b. All inquiries regarding payment of the delinquent special reassessments shall
be forwarded to Stradling Yocca Cazlson & Rauth c/o Allison E. Burns, Esq., 660
Newport Center Drive, Suite 1600, Newport Beach, California 92660.
SECTION 4. This resolution shall take effect immediately upon its adoption.
Presented by
~~~ ~R~~~
Maria Kachadoorian
Director of Finance
Approved as to form by
B C. Miesfe d
ity Attorney
Resolution No. 2009-088
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of April 2009 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
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Cheryl Cox, 1 yor
ATTEST:
O
Donna R. Norris, C C, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, Califomia, do hereby certify that the foregoing
Resolution No. 2009-088 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 28th day of April 2009.
Executed this 28th day of April 2009.
Donna R. Norris, CMC, City Clerk
Resolution No. 2009-088
Page 4
EXHIBIT A
List of Delinquent Property By Assessor's Parcel Numbed-Reassessment District No. 2001-1
595-410-02-24
595-410-23-07
595-420-08-OS
595-420-08-11
643-520-57-00