HomeMy WebLinkAboutRES 2010-24 - BoardRESOLUTION NO. 2010-24
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TRUCKEE DONNER PUBLIC UTILTY DISTRICT ACTING ON ITS
OWN BEHALF AND AS THE GOVERNING BODY OF ALL OF ITS
COMMUNITY FACILITIES DISTRICTS ORDERING JUDICIAL
FORECLOSURE OF DELINQUENT SPECIAL TAXES PURSUANT
TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982
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 previously retained Sherman & Feller, a Law Corporation
("Attorneys") as special counsel to collect such delinquencies and 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 Exhibit A and all future delinquent special taxes as to such property,
be removed from the tax roll and collected by action brought in the appropriate Superior Court to
foreclose the liens thereof.
Res. 2010-24
2. Attorneys are authorized to prosecute the foreclosure actions and to collect on
behalf of the CFDs all amounts due on account of the special taxes listed in Exhibit A 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 August 4 2010, by the following vote:
AYES: Directors Aguera, Hemig, Hillstrom and Laliotis
NOES: None
ABSENT: Director Bender
ATTEST:
Michael D. Holley, District Clerk
(SEAL)
APPROVED:
John Hillstrom, Vice -President, Board of
Directors acting on its own behalf and as the
Legislative Body of all of the Truckee Donner
Public Utilities District
2
EXHIBIT A
[Sample%r use document prepared by consultant with equivalent information]
CFD
APN Fiscal Year Installments Amount*
2009/10 2nd or Both**
** Or "2nd" if only one installment is delinquent
*Exclusive of Delinquent and Redemption Penalties.
Res. 2010-24
E
S m �
U
LL
W
� W
�
m
u> d
=
w
b
V
a.
N
W
ta
p
E
+-1
cd
Q
cn
ram+
c
d
m
z
u
o 0
C
i
3
QZ5LL
E
E
C
O LL
•
F-
2
O
f � I
W �
wm
3
N
2
W
C7
3�
W
Of
0,
c
Q
O
a
Q
� W
17i1 �
IL N
y
4
o
E
a a
LL rc
a 6
LL G
d
a
E
rn
o
rn
C N
O
In
W
W
N_
N_
6
y O
d O
O
O
O
O
LL (H
fH
0 00
O
m
` 00
O
CO
cr
69
N
d N
O
N
0 Q
O
m
C �
N
d
a "
a
0
o
O N
O
m -
E rn
a
a
d
U
A
a
r
d
0
N
O
O
N
d
L
w 11
d
C U
c a`. Z
� Q>
7 N
O � c
C LL
U d N
C � O
6 a N
0
r�
a E
x m �
0
o a
O
u
2 m
S m >
m
U
lL .�
_ N o
W
a z
7 LL N
0
0
K �
� E
if
x
-
d
E E
Z
d
3
tr
d
3
Q
N
N
E E
K O J
LL
0 E
m<
a _ ¢
Q 6 LL K
O
1
Q
3
a
E
o
a
x
s
m
m
❑
U
W
m
m
�
a =
� y
yN
Y
K
6
�
�.I
0
�
E
a
�(
z
a
rC
•
z
� a
ao
N
_
Cl)Y
Q
E
E
K
O W
m
O �
xu
Vl
Q
o
$ g
a
LL rc
Q 6
LL K
ul
Y
9
E
=
m �
m
E
U
W
m
N
�
u C
a S
� b
m
N
N
y
N
O
E
d
C-
a
�
m
V
0
v
E
E
�
o a
e
m �
LL
9
9
U
U
W
Y
= m
�
Z m
-
O
U
o
W32
m
y
- N
u V
a S
L
N
�
O
�
E
Li.CL'
c
_
�
d
�
O
CL
�
d
7
�
Cs
N
Q
N
a
E
E
K
O W
K
O J
LL
Ti
Q
N
Q
Z
O
�
¢ a
W rc
Q
U
9
N
o a
x"
m
x
m
m
U
m
J
_ N
\
a =
W N
o
L
N
O
�
E
x
r
Q
d
•�
Q
IL
Q
ztv
2
El
a
p
o
•w
cn
�
3
c
Q
Y
V
Q
•
�
N
Y
E
E
K
O J
LL
f
Q
V
z
t� m
w
LIT ° E
a` a E tt
a s W rc
a
E
S
x
m �
m �
m m
U
U
J
LL S
LL N
�
N
O
-
E
(a
tu
d
z
a
a
�
�
O
�
V
Q
N
a
E
ZT
E
¢
w
m
O J
a
U
�
w
Y
U g
J
m
a
z
0
F
a
�
a
N
O
a
a
r
0
Fi
a 6
LL K
d1
a a
a
a
a a
a
O
a E
m
x
m
U
m
N
7
-y N
� _
2 2
LL w
�1
`
�
N
O
_
E
fL�
cC
p
O
2
a
a
N
�
cr
C
�
Y
V
L
-
�
N
p
•
E
E
¢
p LL
C
O J
LL
O O N
cc O
q
0 o AT
¢
U
Y
U
Y
K
�i
L
N
O
E
d
-
_
a
E
x
L
ui
Z
Z
E
I- a
�
O
3
tr
c
Y
V
3
-
K
E
E
a0
LL
m
� J
a
o �
a - ¢
Q n a C
U
Y
U
Y
m
m
J
U
y
S
u V1
�
i
m
�
m
r
O
E
0`
X
�
d
�
•
z°
z
a
n
g
t
r
N
Q
E
E
tt
� LL
c
o �
o
z 2 .�
� a LL rc
a n n rc
p
O
o
a
�
E
a
=
s
m
m
�
m
m
U
W
�
J
a
LL
=
N
O
�
E
O
Q
c
d
0)
d
Y
T
c
N
L
c
W
Z
t%1
Z
0
m
E
E
U
�
W
W
Y
U b
LL
m b
F m
m
O
a
Z
O
r
m
Ti
a
�
N
a
a
�
o
a
a
LL m
q�
4
�
b
� E
o
2
m ix m
m
U
G
W
m
N
a =
O
ri
�
N
t
pCL
E
d
Cl
y
�
t
Y
v
r
N
Q
N
E
E
K
� a
m
m J
4
o
� E
a a
iu rc
a 6
LL C
I
ri
d
Q
_
4f
a
F ,.t
A
l
�
f n
1
U
N
Nilil
�eqg
L
/n
}liN
k F�
�
F /
sg
E E:
� v
E y
_
gm z
O�
U
1
5
4
f
3
C
-rM
`
N
� �
�a
N
>s
.✓
� 'i
I
i
E o
2
m
x
m
m
� ry
U
_
IL
&
N o
m
s
m
a
x
E
N
�
_
E
C
8
d
E
E
K
L
Z
¢
a
�
`±
N
z
r
6
d
=
O
7
V
F
y
0
y
E
E
tt
O
w
a
�
J
m
N
N
� § )
) )14
|
,
CL
a
_
o
=
k
�
�
�
2
-
-
�
'
§
\
k
\
k
]
\
§
-
8
N
E
U
3
x
w
w
a i
N
m
h
�CC
lV
O
�
L
d
O
cn
Y
Q
�
y
Q
�
N
Y
E
E
y{
m
O �
m
Q
y �
SL a nJ.
d ILL a
Q a LL d'
a a
m m
U
Wo
W
m
�
a
_
=
N
�
�1
¢
N
0
�
E
a
p
o-
r
ld
p
O
a
=
�d
y
m
Qlid
N
W
•Qi
2
r
_
h
�
2
p
w
v
E
E
�
�
W
m
O
J
Q
U
�
W
W
Y
U �
LL
m
O
a
JU
J
•
Z
Q
r
m
�
Q
�
Q
ILL
N
Q Q
Q
n
LL m
qqq�
i
i
� � E
F
m
m
o
LL U
W
h
a
-
G
m
ti
n i
N
N
!q
y
y
E
a
�
E
X
H
�
y
�
L
C
O
Z
u
F
C
3
C
Y
�
�
y
N
N N
E
E
tt
0 W
K
O �
E
m
m
U
W
m
N
J
LL
=
N
Id
N
�
N
y
N
�
M
O
�
E
x
Z
d
a
N
4a
d
=
o
p
=
r
lC
O
CL
V
W
p
N
w
N
�
N
m
K
O
K
O
J
U
�
W
W
Y
U �
LL
� m
r m
n
N
m
a
J
Z
O
Q
m
Q
;
C'
y
f
N
<
Q
�
O
Q
a
a
<
n
u m
N
0
r
O
a
C
O
N
O
cl
I
co
y O
O
O
d O
d O
O
O
O
O
LL
N D
O
(O
d O
O
O
d V
O
C
C
m
O
m
M
fA
N
N r-
O
A r
O
C O
O
a
'
N
�
N
�
E
�
O N
O
O
N 2
E �
�
Q �
�
N
N a
64
a`
✓+
O
d
U �
�
A
a
d
0
N
O
O
N
d
L
N
d
° Z
�a a
0 = �>
d C7U)
y V C J N
C d J U
7 L N
C C
—y N
O Q C.
�