HomeMy WebLinkAboutReso 2011-117RESOLUTION NO. 2011-117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT N0. 13-I (OTAY
RANCH VILLAGE SEVEN) OF THE CITY OF CHULA VISTA
ORDERING JUDICIAL FORECLOSURE OF DELINQUENT
SPECIAL ASSESSMENTS PURSUANT TO THE MELLO-
RODS COMMUNITY FACILITIES ACT OF 1982
WHEREAS, Community Facilities District No. 13-I (Otay Ranch Village Seven) of the
City of Chula Vista ("CFD No. 13-I") has incurred bonded indebtedness and levied special
assessments for the payment of bonds pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982, as amended, being Chapter 2.5, Part I, Division 2, Title 5 of Government
Code ("Mello-Roos Act"); and
WHEREAS, pursuant to the Mello-Roos Act, CFD No. 13-I 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 of land 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 53356.1 of the Government 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 CFD No. 13-I is authorized and may order that a foreclosure
action be brought to collect the delinquent special assessments due against the properties within
CFD No. 13-I not later than four (4) yeazs after the date of delinquency of the last installment
due on the bond; and
WHEREAS, pursuant to the provisions of Section 53356.1(b) of the Mello-Roos Act,
CFD No. 13-I has covenanted with bondholders to institute judicial foreclosure proceedings
against pazcels within CFD No. 13-I with delinquent special taxes; and
WHEREAS, the City Council, acting in its capacity as the legislative body of CFD
No. 13-I 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 CFD No. 13-I, as follows:
SECTION 1. 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.
Resolution No. 2011-117
Page 2
SECTION 2. CFD No. 13-I is hereby authorized and directed to have the law firm of
Stradling Yocca Carlson & Rauth ("Special Counsel"), 660 Newport Center Drive, Suite 1600,
Newport Beach, California 92660, institute such actions in the name of CFD No. 13-I and the
City of Chula Vista to foreclose the delinquent special assessments.
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 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. 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
~/Y 1 I U11..~ ~ ~C~i~~
Maria chadoorian
Director of Finance/Treasurer
Approved as to form by
en R. oogins
ey
Resolution No. 2011-117
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 21st day of June 2011 by the following vote:
AYES: Councilmembers: Aguilaz, Bensoussan, Castaneda, Ramirez and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
J
Cheryl Cox, or
ATTEST:
~`~~
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-117 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 21st day of June 2011.
Executed this 21st day of June 2011.
G~-'~ n ~~iYiY~o
Donna R. Norris, CMC, City Clerk
Resolution No. 2011-117
Page 4
EXHIBIT A
List of Delinquent Property (Bv Assessor's Parcel Number)-Assessment District No. 13-I
644-302-29-00