HomeMy WebLinkAbout1994-294
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RESOLUTION NO.
Qd 194
RESOLUTION OF THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO RESCINDING
RESOLUTION NO. 94-226 AND RATIFYING JUDICIAL
FORECLOSURE ACTIONS BEARING CASE NOS.
SCV09593, SCV09594, SBCI09793, SCV09790 AND
SCV14609
WHEREAS, on June 18, 1990, the City of San Bernardino
District
created Community Facilities
No.
995
("City")
8 ("District") pursuant to the Mello-Roos Community Facilities Act
9 of 1982, codified at General Code Section 53311 et sea. ("Act");
10 and
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WHEREAS, pursuant to the Act, in December, 1990, the
13 City issued $7,325,000 Special Tax Limited Obligation Bonds,
14 which are secured by the special taxes authorized to be levied
15 against all parcels within the District; and
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WHEREAS, certain sums of special taxes duly levied
18 pursuant to the Act against certain undeveloped parcels within
19 the District subsequently became delinquent and remain unpaid;
20 and
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22 WHEREAS, pursuant to Section 53356.1 of the Act, on
23 January 14, 1994 and January 24, 1994, four (4) actions for
24 judicial foreclosure of special tax liens were commenced in the
25 San Bernardino Superior Court on behalf of the City against San
26 Bernardino S.B. Five, Limited Partnership, Lakeview Development
27 Company, One Forty Seven Limited Partnership, American National
28 (sic) Bank, Donald E. Davis, Ruth Newbury, Irving M. Feldkamp
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94-294
1 III, Orange Coast Title Company, Ken A. Kazarian, James C. Bice,
2 Brimar Industries, Inc., and Does 1-100, bearing Case
3 Nos. SCV09593, SCV09594, SBCI09793, and SCV09790; and
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5 WHEREAS, on August 1, 1994, the Mayor and Common
6 Council adopted Resolution No. 94-226 Authorizing The Filing Of
7 A Judicial Foreclosure Action Against California Properties Fund
8 And Ratifying Judicial Foreclosure Actions Bearing Case
9 Nos. SCV09593, SCV09594, SBCI09793 and SCV09790; and
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11 WHEREAS, the City Clerk's office failed to obtain the
12 necessary signatures for Resolution No. 94-226 within the
13 required five (5) day period; and
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15 WHEREAS, on August 11, 1994 and August 12, 1994,
16 Substitutions of Attorney were filed in San Bernardino Superior
17 Court Case Nos. SCV09593, SCV09594, SBCI09793 and SCV09790
18 substituting Sabo & Green, A Professional Corporation as counsel
19 of record for the City in place and instead of the Law Offices of
20 Robert A. Owen; and
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22 WHEREAS, pursuant to Section 53356.1 of the Act, an
23 action for judicial foreclosure of the delinquent special tax
24 liens associated with the undeveloped parcels owned by California
25 Properties Fund within the District was commenced in the
26 San Bernardino Superior Court on behalf of the City.
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28 III
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94-294
1 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE
2 CITY OF SAN BERNARDINO, CALIFORNIA, DO HEREBY FIND, RESOLVE,
3 DETERMINE AND ORDER AS FOLLOWS:
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5 Section 1. The City hereby rescinds Resolution
6 No. 94-226 which was adopted on August 1, 1994.
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8 Section 2. The City hereby ratifies the judicial
9 foreclosure actions filed on January 14, 1994, January 24, 1994
10 and August 15, 1994 bearing San Bernardino Superior Court Case
11 Nos. SCV09593, SCV09594, SBCI09793, SCV09790 and SCV14609.
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13 Section 3. The City hereby ratifies the
14 Substitutions of Attorney filed on August 11, 1994 and August 12,
15 1994 in San Bernardino Superior Court Case Nos. SCV09593,
16 SCV09594, SBCI09793 and SCV09790, substituting Sabo & Green, A
17 Professional Corporation as counsel of record for the City in
18 place and instead of the Law Offices of Robert A. Owen.
19 I I I
20 I I I
21 I I I
22 III
23 III
24 III
25 III
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94-294
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO RESCINDING RESOLUTION NO. 94-226 AND RATIFYING
JUDICIAL FORECLOSURE ACTIONS BEARING CASE NOS. SCV09593,
SCV09594, SBCI09793, SCV09790 AND SCV14609
Section 4.
This Resolution shall become effective
immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly
adopted by the Mayor and Common Council of the City of
San Bernardino at a
reqular
meeting
19th
day of SeDtember
thereof, held on the
1994, by the following vote, to wit:
Council Members
AYES:
Nearete6 Curlin. Hp-rn~nnp.7.
Oberhelman, Devlin, Pope-Ludlam
and Miller
NAYS:
ABSENT:
~e~
is
approved
this
hereby
The foregoing resolution
22nd
day of September
1994.
~-~WL
Mayor of the City of
San Bernardino
Approved as to form and legal content:
JAMES F. PENMAN
:::y A2i::iA\)//2~
/~
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94-294
, '
1 STATE OF CALIFORNIA
COUNTY OF
On before me,
(here insert name and title of the officer), personally appeared
, personally known to me (or proved to
me on the basis of satisfactory evidence) to be the person(s)
whose name (s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
(Seal)
94 ?fI ~
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STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
CITY OF SAN BERNARDI~O
SS
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I I, RACHEL CLARK, City Clerk in and for the City of San
41 Bernardino DO HEREBY CERTIE'Y that the foregoinq and attached
i copy of the San Bernardino Ci'ty Resolution No. 94-294 is a full,
5 true and correct copy of that now on file in this office.
6
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IN WIT~ESS WHEREOF, I have hereunto set my hand and affixed the
official seal of the Ci'ty of San Bernardino this 19th day
of September , 19.2:1.
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~e /.c, r Ce.aLb'
City Clerk
By
Lt- ~jL4- ~
Bea Cortes, Deputy
