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HomeMy WebLinkAbout07-04 TPFA Resolution I I I RESOLUTION NO. TPFA 07-04 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DECLARING ITS INTENTION TO REMOVE DELINQUENT SPECIAL TAXES FROM THE COUNTY TAX ROLL AND ORDERING JUDICIAL FORECLOSURE PROCEEDINGS AGAINST DELINQUENT PROPERTY WITHIN COMMUNITY FACILITIES DISTRICT 03-02 (RORIPAUGH RANCH) THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The Board of Directors of the Temecula Public Financing Authority (hereafter referred to as the "Authority") does hereby find, determine and declare as follows: A. The Authority has by previous Resolutions formed the Community Facilities District No. 03-02 (Roripaugh Ranch) (hereafter referred to as the "District"), and authorized the levy of a Special Tax in the District for Fiscal Year 2006/07, pursuant to the terms of the Mello Roos Community Facilities District Act of 1982, as amended (hereafter referred to as the "Act") that provides for the levy and collection of special taxes by the County of Riverside for the City of Temecula to pay the maintenance and services of all improvements and facilities related thereto; and B. The Authority enacted Ordinance No. TPFA 05-01 in accordance with Government Code Section 53340 authorizing the levy of the Special Tax on property located within the District; and, C. Pursuant to Section 53356.1 of the Act, in the event of any delinquency in the payment of the Special Tax, the District may order the institution of a Superior Court Action to foreclose the lien therefore within specified time limits; and, D. There exists delinquent installments in the aggregate greater than 5% of the amount levied for the previous fiscal year and there are ten or less owners of real property within the District. Section 2. Intention: The Authority hereby declares that it is its intention to order judicial foreclosure proceedings against all delinquent parcels within the District and cause Notice of Intent to remove delinquent Special Tax installments from the County Tax Roll pursuant to Section 53356.2 of the Act. Section 3. Recordation of Notice of Intent. The Authority hereby directs the City Clerk to record or cause to be recorded in the Riverside County Recorder's Office, Riverside County being the county in which the subject properties are located, a Notice of Intent to Remove Delinquent Special Tax Installment from the Tax Roll, which R:rrPFA Rases 2007rrPFA 07-04 I contains the information set forth in subdivision (b) of section 53356.2 of the Government Code. Section 4. Authorization of Foreclosure Action. The Authority hereby directs and authorizes the City Attorney to bring suit in the Superior Court of the County of Riverside, or such other court as is appropriate, to foreclose the lien of special tax pursuant to section 53356.1 of the Government Code and to take all such actions as are reasonable and necessary to foreclose said lien. Section 5. Certification. The Authority Secretary shall certify adoption of the Resolution. PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 22nd day of May, 2007. Ch c Washington, Chairperson ATTEST: I ~ [SEAL] I R:rrPFA Rases 2007rrPFA 07-04 2 I I I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk/Board Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 07-04 was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 22nd day of May, 2007, by the following vote: AYES: 5 BOARD MEMBERS: NOES: 0 BOARD MEMBERS: ABSENT: 0 ABSTAIN: 0 BOARD MEMBERS: BOARD MEMBERS: R:rrPFA Rases 2007rrPFA 07-04 Comerchero, Edwards, Naggar, Roberts, Washington None None None 3