98-049RESOLUTION NO. 98R-49
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANA/qEIM AUTHORIZING RECORDING OF NOTICE OF
INTENT TO REMOVE DELINQUENT SPECIAL TAX
INSTALLMENTS FROM TAX ROLL WITHIN MELLO-ROOS
COMMUNITY FACILITIES ASSESSMENT DISTRICTS
1989-1, 1989-2 ~ND 1989-3.
WHEREAS, the City Council (the "Council") of the City
of Anaheim (the "City") has conducted proceedings from time to
time, resulting in the issuance and sale of improvement bonds
pursuant to the provisions of the Mello-Roos Community Facilities
Act of 1982 (California Government Code Section 53311, et seQ.;
"Act"), which bonds are currently outstanding; and
WHEREAS, pursuant to the Act, the City has duly
recorded a Notice of Special Tax Lien and has duly and regularly
levied special taxes, and each installment of the special tax and
interest and penalties thereon constitute a lien against the
parcel of the land against which it was levied until the same are
paid; and
WHEREAS, certain special tax installments were not paid
when due, and further installments of Mello-Roos taxes may not be
paid in the future; and
WHEREAS, this Council is required by covenant with the
bondholders, to institute judicial foreclosure proceedings if
Mello-Roos tax installments are not paid when due; and
WHEREAS, the Council has previously retained special
counsel and authorized the City Attorney's Office to institute
judicial foreclosure proceedings on properties securing
delinquent installments; and
WHEREAS, prior to foreclosure, the City must remove
delinquent installments from the county tax roll; and
WHEREAS, Government Code Section 8833 requires that
prior to removal of delinquent installments from the tax roll the
local agency or legislative body must record a Notice of Intent
to Remove Delinquent Special Tax Installment from the Tax Roll,
containing certain required information (the "Notice of Intent");
and
WHEREAS, the City Attorney's Office has prepared a
draft Notice of Intent for parcels which have delinquent
installments.