94-013 RESOLUTION NO. 94R-13
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ORDERING JUDICIAL FORECLOSURE OF
DELINQUENT TAXES PURSUANT TO THE MELLO-ROOS
COMMUNITY FACILITIES ACT OF 1982, THAT THE
TAX COLLECTOR BE CREDITED WITH THOSE TAXES
AND RETAINING SPECIAL COUNSEL
WHEREAS, the City Council of the city of Anaheim (the
"city") has duly 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 for Community Facilities
Districts 1989-1, 1989-2 and 1989-3 (the "Districts"); and
WHEREAS, pursuant to the Act, the City has duly
recorded a Notice of Special Tax Lien for each of the Districts
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 those taxes may not be paid
in the future; and
WHEREAS, pursuant to the provisions of Section 53356.1
of the Act, the Council is authorized, not later than four years
after the due date of the last installment of bond principal, to
order any delinquent special taxes levied in whole or in part for
payment of the bonds, together with any penalties, interest, and
costs, be collected by an action brought in the Superior Court to
foreclose the lien of special tax; and
WHEREAS, the city Council is required by covenant with
the bondholders to institute judicial foreclosure proceedings;
and
WHEREAS, the City Council desires and is authorized to
retain experienced and qualified special counsel to prosecute
such judicial foreclosure actions;
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City as follows:
SECTION 1. The City Council hereby finds that the
special taxes listed on Exhibit A hereto are delinquent as stated
in the Exhibit and that the Act authorizes the filing of judicial
foreclosure lawsuits to collect them, and the Council hereby
1
directs that the delinquent taxes listed on Exhibit A and all
future installments of special taxes secured by those parcels
listed on Exhibit A which are not paid when due, be collected by
lawsuits brought in the Superior Court to foreclose the liens
thereof.
SECTION 2. The City Council hereby approves the
agreement to retain The Law offices of Robert A. Owen as special
legal counsel ("Special Counsel") to institute such actions in
the name of the City to foreclose the liens of all such
delinquent special taxes and hereby authorizes and directs the
City Attorney to execute the agreement on behalf of the City.
SECTION 3. In the event any special assessments levied
in the future within any of the Districts become delinquent, such
delinquencies shall be collected in the same manner and the City
Attorney shall provide a notice to proceed to Special Counsel for
that purpose.
THE FOREGOING RESOLUTION is approved and adopted by the
City Council of the City of Anaheim this 8th day of
Fe~u~ , 1994.
MAYOR OF THE C~~~EIM
ATTEST:
CITY CLERK OF THE CITY OF ANAHEIM
4658,1\SMANN\January 15, 1994 2
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution
No. 94R-13 was introduced and adopted at a regular meeting provided by law, of the Anaheim City
Council held on the 8th day of February, 1994, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Feldhaus, Simpson, Pickler, Hunter, Daly
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Resolution No. 94R-13
on the 9th day of February, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of
Anaheim this 9th day of February, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original of Resolution No. 94R-13 was duly passed and adopted by the City Council of the City of
Anaheim on February 8, 1994.
CITY CLERK OF THE CITY OF ANAHEIM
EXHIBIT A
354-221-12 -0- 449.84 529.92
936-39-204 -0- 474.15 472.51
354-361-04 -0- -0- 443.02
930-26-107 394.40 -0- -0-
354-421-07 -0- -0- 511.96
365-503-76 395.00 -0- 787.22
930-26-058 197.20 112.46 264.96
930-26-183 -0- -0- 264.96
930-26-143 -0- 224.92 264.96
354-361-21 -0- 154.66 443.02
4658.1\$MANN\January 13, 1994 3