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HomeMy WebLinkAboutRES 2004-30 - Board TRUCKEE DONNER Resolution No. 2004 - 30 RESOLUTION OF THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 04-1 (GRAY'S CROSSING),DECLARING THE RESULTS OF A SPECIAL ELECTION AND APPROVING CERTAIN RELATED ACTIONS WHEREAS, the Board of Directors (the "Board of Directors") of the Truckee Donner Public Utility District (the "Public Utility District"), acting as the legislative body of the Truckee Donner Public Utility District Community Facilities District No. 04-1 (Gray's Crossing) (the "Community Facilities District"), called and duly held an election of the Community Facilities District pursuant to resolutions adopted by the Board of Directors on July 21, 2004, for the purpose of presenting to the qualified electors within the Community Facilities District a proposition (the "Proposition") for (a)the authorization of bonds in a principal amount not to exceed $35,000,000, (b)the levy of a special tax in accordance with the rate and method set forth in the resolution forming the Community Facilities District and (c) the establishment of an appropriations limit for the Community Facilities District; and WHEREAS, there has been presented to this Board of Directors a Certificate of the Clerk of the Public Utility District (the "District Clerk") as to the Results of the Canvass of the Election Returns, a copy of which is attached hereto as Attachment"A"; NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT, ACTING AS THE LEGISLATIVE BODY OF THE TRUCKEE DONNER PUBLIC UTILITY DISTRICT COMMUNITY FACILITIES DISTRICT NO. 04-1 (GRAY'S CROSSING), DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. Two-thirds or more of the votes cast by the qualified electors of the Community Facilities District at the special election held on July 21, 2004 on the Proposition were cast in favor of the Proposition, and the Proposition carried. The Board of Directors, acting as the legislative body of the Community Facilities District, is hereby authorized to issue, from time to time as it determines appropriate, bonds for the benefit of the Community Facilities District for the purposes set forth in the Proposition and to take the necessary steps to levy the special tax authorized by the Proposition. Section 3. The District Clerk is hereby authorized and directed to execute and cause to be recorded in the office of the County Recorder of Nevada County a notice of special tax lien in the form required by law, said recording to occur no later than fifteen days following adoption of this Resolution. ADOPTED and APPROVED by the Board of Directors of the Truckee Donner Public Utility District on this 2 1"day of July, 2004. AYES: Director Aguera, Hemig and Van Gundy NOES: Director Sutton RECUSE: Director Maass ABSENT:None ABSTAIN:None TRUCKEE DONNER PUBLIC UTILITY DISTRICT By: Q45nn� - Jam A. Maass, President ATTEST: Peter L. Holzmeiste ,District Clerk 2 Resolution 2004-30 ATTACHMENT "A" CERTIFICATE OF DISTRICT CLERK AS TO RESULTS OF THE CANVAS OF ELECTION RETURNS STATE OF CALIFORNIA ) SS. COUNTY OF NEVADA ) As Clerk of the Truckee Donner Public Utility District, I do hereby certify that I have examined the returns of the special election for Truckee Donner Public Utility District Community Facilities District No. 04-1 (Gray's Crossing) (the "Community Facilities District"). With my concurrence, the election was conducted on July 21, 2004. On or prior to said date I had mailed or personally delivered to the landowners listed on the latest equalized assessment roll prepared by the Nevada County Assessor prior to July 21, 2004 or otherwise known by me to own property within the boundaries of the Community Facilities District. Each of these landowners was given one vote for each acre, or portion thereof, that the landowner owns within the Community Facilities District. I further certify that the results of said election and the number of votes cast for and against the Proposition are as follows: YES: 758 NO: TOTAL NUMBER OF VOTES CAST: 758 Dated this 21 st day of July, 2004. ia Peter L. Holzr6eister,bistrict Clerk, Truckee Donner Public Utility District A-1