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RESOLUTION NO. 2015 - 19
RESOLUTION OF THE BOARD OF DIRECTORS OF
THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT
ACTING ON ITS OWN BEHALF AND AS THE GOVERNING BODY OF ALL
OF ITS COMMUNITY FACILITIES DISTRICTS
(OLD GREENWOOD No. 03-1 AND GRAYS CROSSING No. 04-1)
AUTHORIZING RETENTION OF SPECIAL COUNSEL
WHEREAS, the Truckee Donner Public Utility District (the "TDPUD") has conducted
proceedings resulting in the formation of Community Facilities Districts ("CFDs"; the
District and the CFDs are collectively referred to as "District") and the issuance and sale of
bonds or debt pursuant to the Mello -Roos Community Facilities Act of 1982 (Cal. Gov.
Code Section 53311, et seq.; the "Act"); and
WHEREAS, pursuant to the Act, the District has duly recorded Notices of Special Tax Lien
and has duly and regularly levied CFD special taxes, which special taxes and interest and
penalties thereon constitute a lien against the parcel of the land against which it was levied
until the same are paid, which liens secure in whole or part debt issued pursuant to the
Act; a n d
WHEREAS, certain installments of the special taxes have not been paid when due, and
certain special taxes may not be paid when due in the future; and
WHEREAS, pursuant to Section 53356.1(a) of the Act, the District is authorized to order
the special taxes collected by an action brought in the Superior Court to foreclose their
liens; and
WHEREAS, pursuant to Section 53356.1(b) of the Act, the District covenanted for the
benefit of owners of the debt to file such foreclosure actions on behalf of the debt holders
and are authorized to order the County Auditor to credit the delinquent special taxes upon
the secured tax roll, thus relieving the County Tax Collector of further duty and regard
thereto; and,
WHEREAS, the District wishes to retain experienced, qualified counsel to prosecute such
judicial foreclosure actions,
NOW THEREFORE, BE IT RESOLVED by the Board of Directors of the TDPUD acting on
its own behalf and as the Legislative Body of all of the District CFDs that:
1. The Board finds that the Act authorizes the commencement of judicial foreclosure
proceedings to collect delinquent special taxes, and hereby orders that the
delinquent special taxes listed on the attached Exhibits Al and all future delinquent
special taxes as to such property, be collected by action brought in the appropriate
Superior Court to foreclose the liens thereof.
Resolution 2015-19
2. The District President of the Board is authorized to retain Stradling Yocca Carlson &
Rauth, a law firm, as special counsel on the terms set forth in the agreement
presented to the Board to prosecute the foreclosure actions and to collect on behalf
of the CFDs all amounts due on account of the special taxes listed in Exhibits Al
and any subsequent delinquent special taxes.
3. The Board finds that the Act provides for the payment of the costs and attorneys
fees for prosecution of the foreclosures authorized by the District and hereby
authorizes Attorneys to require payment on its behalf of all costs and all attorneys
fees incurred as to each delinquent parcel as a condition of such redemption as
provided in the agreement.
Adopted by the Board of Directors of the Truckee Donner Public Utility District acting on its
own behalf and as the Legislative Body of all of its Community Facilities Districts at a
regular meeting held on September 2, 2015, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
TRUCKEE DONNER PUBLIC UTILITY DISTRICT
Bob Ellis, President
ATTEST:
Michael D. Holley, Clerk of the Board
Resolution 2015-19 2