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Home My WebLink About10 Special Tax Agenda Item # 10 Public Utility District CONSENT To: Board of Directors From: Mary Chapman Date: June 16, 2010 Subject: Consideration of Resolutions for Special Tax: Old Greenwood and Gray's Crossing Communities Facilities Districts 1. WHY THIS MATTER IS BEFORE THE BOARD This item concerns requesting Nevada County to collect special taxes in the Old Greenwood No. 03-1 and Gray's Crossing No. 04-1 Communities Facilities Districts by the adoption of standard resolutions. Only the Board can adopt these resolutions. 2. HISTORY Resolution No. 9723 adopted on November 5, 1997 authorized the execution of a standard form tax collection services contract on behalf of the District with the County of Nevada. The contract states that the District must adopt an annual resolution requesting placement of special taxes, special assessments and/or parcel charges on the County of Nevada tax rolls. The lists are currently in preliminary form only and are available in the Administrative Services Department. Final lists will be on record with Nevada County and the District's Administrative Services Department. On October 14, 2003, the District adopted Ordinance No. 2003-04, authorizing the levy of a special tax within the Old Greenwood Community Facilities District No. 03-1. On July 21, 2004, the District adopted Ordinance No. 2004-02, authorizing the levy of a special tax within the Gray's Crossing Community Facilities District No. 04-1. 3. NEW INFORMATION This matter comes before the Board each year. We rely on Nevada County to collect spec.ial taxes as line items on the annual property tax bills. • Attachment 1 is Resolution 2010-AA for Old Greenwood Community Facilities District No. 03-1 authorizing Nevada County to collect the special tax for the fiscal year 2010-2011. • Attachment 2 is Resolution 2010-BB for Gray's Crossing Community Facilities District No. 04-1 authorizing Nevada County to collect the special tax for the fiscal year 2010-2011. 4. FISCAL IMPACT The special tax dollars collected are deposited into the Old Greenwood and Gray's Crossing Communities Facilities District funds on deposit with the Trustee Bank of New York Mellon. These funds are used to pay principal and interest payments on the related bonds sold. Due to the pending East West Resort Development V Chapter 11 Bankruptcy, we have not finalized the 2010-2011 assessments. The estimated assessments for the 2010-2011 assessment period are $949,718.57 for Old Greenwood and $2,524,479.43 for Gray's Crossing. Final numbers will not exceed these amounts. 5. RECOMMENDATION 1) Adopt Resolution 2010-AA requesting Nevada County to collect the special taxes for the Old Greenwood 03-1 Communities Facilities District; and 2) Adopt Resolution 2010-BB requesting Nevada County to collect the special taxes for the Gray's Crossing 04-1 Communities Facilities District. Mary Cha a Michael D. Holley Administrative Services Manager General Manager Attachment 1 t TRUCKEE E .....R Public Utility District Resolution No. 2010 - AA Fixing and Placing a Special Tax Levy on Community Facilities District No. 03-1 (Old Greenwood) for Collection by the County of Nevada WHEREAS, on October 14, 2003, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 2003-04, authorizing the levy of a special tax within said Community Facilities District No. 03-1 (Old Greenwood)and providing a means for collection thereof; and WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of the Truckee Donner Public Utility District approved execution of a continuous Standard Form Tax Collection Services Contract with the County Of Nevada; and WHEREAS, the District has now determined the lands affected thereby and the charges to be assessed, levied and collected on the lands and parcels; and WHEREAS, the taxes on each parcel shall be billed on the secured tax roll bills for the fiscal year 2010-2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the Board of Supervisors of the County of Nevada, State of California, levy a special tax against the parcels and owners of record listed on the computer itemization of parcels kept and maintained in the Administrative Services Department of the District and made a part hereof by reference, and that the County Auditor and Tax Collector be instructed to levy and collect said charges in the same manner as County taxes as by law and in said ordinance provided. Upon completion and correction of the current list through June 30, 2010, a copy will be forwarded to the Auditor Controller of the County. 2. The District warrants and represents that charges imposed by the District and being requested to be collected by Nevada County comply with all requirements of state law, including but not limited to Articles XIIIC and MID of the California Constitution (Proposition 218). Resolution 2010-AA 1 Attachment 1 3. That a certified copy of this resolution be forwarded to the County Auditor of the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on June 16, 2010 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Jeff Bender, President ATTEST: Michael D. Holley, District Clerk Resolution 2010-AA 2 Attachment 2 Public Utility District 2 ]' R Resolution No. 2010 - BB Fixing and Placing a Special Tax Levy on Community Facilities District No. 04-1 (Gray's Crossing) for Collection by the County of Nevada WHEREAS, on July 21, 2004, the Board of Directors of the Truckee Donner Public Utility District duly adopted Ordinance No. 2004-02, authorizing the levy of a special tax within said Community Facilities District No. 04-1 (Grays Crossing) and providing a means for collection thereof; and WHEREAS, by Resolution No. 9723 adopted November 5, 1997, the Board of Directors of the Truckee Donner Public Utility District approved execution of a continuous Standard Form Tax Collection Services Contract with the County of Nevada; and WHEREAS,the District has now determined the lands affected thereby and the charges to be assessed, levied and collected on the lands and parcels; and WHEREAS, the taxes on each parcel shall be billed on the secured tax roll bills for the fiscal year 2010-2011. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Truckee Donner Public Utility District as follows: 1. That the Board of Supervisors of the County of Nevada, State of California, levy a special tax against the parcels and owners of record listed on the computer itemization of parcels kept and maintained in the Administrative Services Department of the District and made a part hereof by reference, and that the County Auditor and Tax Collector be instructed to levy and collect said charges in the same manner as County taxes as by law and in said ordinance provide. Upon completion and correction of the current list through June 30, 2010, a copy will be forwarded to the Auditor Controller of the County. 2. The District warrants and represents that charges imposed by the District and being requested to be collected by Nevada County comply with all requirements of state law, including but not limited to Articles XIIIC and MID of the California Constitution (Proposition 218). BBResolution 2010-XX 1 Attachment 2 3. That a certified copy of this resolution be forwarded to the County Auditor of the County of Nevada. PASSED AND ADOPTED by the Board of Directors of the Truckee Donner Public Utility District at a meeting held within said District on June 16, 2010 by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: TRUCKEE DONNER PUBLIC UTILITY DISTRICT By Jeff Bender, President ATTEST: Michael D. Holley, District Clerk BBResolution 2010-XX 2