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HomeMy WebLinkAboutCC RES 93-099� RESOLUTION N0. 93-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING FORECLOSURE ACTIONS AND APPROVING SPECIAL COUNSEL AGREEMErT'� WHEREAS, the City Council of the City of Palm Desert, California ("CITY"), has heretofore undertaken proceedings pursuant to the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, con�unencing with Section 8500 ("ACT" ), and has levied special assessments upon la�icis within Special Assessment Districts described in a Resolution of Intention previc�usly adopted for said improvements, said Special Assessment Districts being desiqnated as Assessment District No.'s 83-1 (Palm Desert), 84-1R (North Sphere), and 87- (Palm Village) ("DISTRICTS"); and WHEREAS, said proceedinqs provided for the issuance of bonds pursuant to the ACT and said bonds were previously issued; and WHEREAS, collection of all special assessments levied pursuant to said. proceeding were and are intended to provide timely payment of all amounts of_ principal and interest due and payable pursuant to the terms of the above- referenced bonds; and WHEREAS, certain properties within the DISTRICTS have become delinquent due to the nonpayment of said levied special assessment installments; said installments now being in default, thereby necessitating the timely institution�of judicial foreclosure actions with respect to such parcels in order to comply with the CITY's covenant to the bondholders. NOW, THEREFORE, it is hereby resolved as follows: Section l. That.the above recitals are true and correct. Section 2. That it is hereby ordered that all delinquent special assessments within the above DISTRICTS be collected by an action brought in the Superior Court of this county to foreclose the lien thereof in accordance with the ACT; this order is made pursuant to the California Streets and Highways Code Section 8830, et seq. Section 3. That it is hereby further ordered that in the event that 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 Finance Director or other appropriate official of the CITY shall provide a Notice to Proceed to the CITY's Special Counsel for that purpose. RESOLUTION NO. 93-99 � � . � R Section 4. That the SPECIAL COUNSEL AGREEMENT relatinq to such action submitted herewith and dated the date hereof is hereby approved and the appropriate officers of the CITY are hereby authorized to execute the same on behalf of the CITY. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this 17th day of November,•1993, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: CRITES, RELLY, SNYDER, WILSON, BENSON NONE NONE NONE � VI V v M. BENSON, MAYOR of Palm Desert ATTEST: �_ �' �, �� - SHEILA R. G LLIGAN City of Palm Desei` . ITY r-