HomeMy WebLinkAboutRES 2010-01 - Board s r
RESOLUTION NO. 2010 - 01
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)
ORDERING JUDICIAL FORECLOSURE OF DELINQUENT SPECIAL TAXES
PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
AND 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; and
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 A2, and all future
1
delinquent special taxes as to such property, be collected by action brought in the
appropriate Superior Court to foreclose the liens thereof.
2. The District President of the Board is authorized to retain Sherman & Feller, a
Law Corporation, 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 A2, 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 February 3, 2010, by the following vote:
AYES: Directors Aguera, Bender, Hemig and Hillstrom
NOES: None
ABSENT: None
ATTEST: APPROV
Michael D. Holley Jeff der
District Clerk P ident, Board of Directors acting on its own
behalf and as the Legislative Body of all of the
Truckee Donner Public Utilities District
(SEAL)
Resolution 2010-01 2
EXHIBIT A-1
Gray's Crossing Community Facilities District No.04-1
Delinquent Parcels as of 2/4/10
Installment
APN Installment Amount Total
19-770-05 04/08 $1,538.75
19-770-05 12/07 1,538.75
19-770-05 04/09 1,569.52
19-770-05 12/08 1,569.52 $6,216.54
19-780-28 04/09 1,569.52
19-780-28 12/08 1,569.52 3,139.04
19-790-14 04/09 1,569.52
19-790-14 12/08 1,569.52 3,139.04
19-790-22 04/09 1,677.77 1,677.77
19-800-21 04/08 1,591.81
} 19-800-21 04/09 1,623.65
19-800-21 12/08 1,623.65 4,839.11
19-800-27 04/09 1,623.65
19-800-27 12/08 1,623.65 3,247.30
19-840-01 04/09 2,029.56 2,029.56
19-840-16 04/09 1,961.91
19-840-16 12/08 1,961.91 3,923.82
19-840-24 04/09 1,961.91 1,961.91
19-840-27 04/09 2,029.56 2,029.56
19-850-08 04/09 2,029.56 2,029.56
19-850-10 04/08 1,923.44
19-850-10 04/09 1,961.91
19-850-10 12/08 1,961.91 5,847.26
.00. 19-850-18 04/09 2,029.56 2,029.56
19-860-04 04/09 2,097.21
19-860-04 12/08 2,097.21 4,194.42
19-860-16 04/09 1,961.91 1,961.91
19-860-17 04/09 2,029.56 2,029.56
19-870-14 04/09 1,961.91 1,961.91
19-870-20 04/09 1,961.91 1,961.91
19-870-21 04/09 2,029.56 2,029.56
19-880-05 04/09 2,232.51 2,232.51
19-880-08 04/09 2,029.56
19-880-08 12/08 2,029.56 4,059.12
19-890-02 04/08 1,989.76
19-890-02 12/07 1,989.76
19-890-02 04/09 2,029.56
19-890-02 12/08 2,029.56 8,038.64
19-890-13 04/07 1,885.72
, .. 19-890-13 04/08 1,923.44
19-890-13 12/07 1,923.44
19-890-13 04/09 1,961.91
19-890-13 12/08 1,961.91 9,656.42
19-890-18 04/09 1,961.91 1,961.91
19-900-18 04/09 1,961.91 1,961.91
19-900-21 04/09 2,029.56
19-900-21 12/08 2,029.56 4,059.12
26 Parcels $88,218.93 $88,218.93
EXHIBIT A-2
Old Greenwood Community Facilities District No.03-1
Delinquent Parcels as of 2/4/10
Installment
APN Installment Amount Total
19-740-43 04/09 $1,623.65
19-740-43 12/08 1,623.65 3,247.30
19-750-13 04/09 1,623.65
19-750-13 12/08 1,623.65 3,247.30
19-750-15 04/09 1,623.65
19-750-15 12/08 1,623.65 3,247.30
19-750-31 04/09 1,623.65
19-750-31 12/08 1,623.65 3,247.30
19-750-32 04/09 1,623.65
19-750-32 12/08 1,623.65 3,247.30
19-750-36 04/09 1,623.65 1,623.65
19-750-42 04/08 1,591.81 1,591.81
19-760-16 04/08 1,591.81
19-760-16 12/07 1,591.81 3,183.62
19-940-18 04/09 1,840.13 1,840.13
9 Parcels $24,475.71 $24,475.71