SPECIAL TAXES ARE DELINQUENT, APPROVING AND RATIFYING CERTAIN ACTIONS OF SPECIAL COUNSEL, AND ORDERING THAT THE TAX COLLECTOR BE CREDITED WITH THOSE SPECIAL TAXES
ON MOTION of Member ________________________________________, seconded by
Member ______________________________________, the following resolution is adopted:
RESOLVED by the Board of Education (the “Board”) of the Poway Unified School District (the
“District”) that:
WHEREAS, the Poway Unified School District (the “School District”) has heretofore formed
various community facilities districts (each, a “CFD” and collectively, the "CFDs") pursuant to the Mello- Roos Community Facilities Act of 1982, as amended (the "Act") commencing with Government Code section 53311, et seq. of the State of California (the “Government Code”); and
WHEREAS, one or more series of bonds have been issued by each such CFD (“CFD Bonds”)
pursuant to the Act and each such series of bonds is secured by special taxes levied within the CFD for which such series of bonds were issued; and
WHEREAS, pursuant to the Act, the School District, acting for and on behalf of the CFDs, has
duly and regularly levied the special taxes, the payment of which is secured by a continuing lien on the properties against which the special taxes are levied; and
WHEREAS, certain special taxes and installments have not been paid when due, and certain
installments of those special taxes may not be paid in the future; and
WHEREAS, under the provisions of section 53356.1 of the Government Code of the State of
California (“Section 53356.1”) , this School District Is authorized, not later than four (4) years after the due date of the last installment of special taxes, to order the same to be collected by an action brought in the superior court to foreclose the lien of those special taxes; and
WHEREAS, in order to market the CFD Bonds, the CFDs have been required to covenant with
the purchasers of such CFD Bonds to institute judicial foreclosure proceedings as authorized by Section 53356.1; and
WHEREAS, under the provisions of section 53356.2 of the Government Code (“Section
53356.2”), when such judicial foreclosure action is ordered, the county tax collector is to be credited upon the current tax roll with the amount charged on account of the delinquent special taxes to be subject to such a foreclosure action, including applicable penalties, interests, and costs and to be relieved of further duty in regard thereto; and
WHEREAS, the Board of Education, acting in its capacity as the legislative body of each of the
CFDs, desires to authorize and order the Superintendent to cause an action or actions to be brought in the superior court to foreclose the lien of special tax when required by the covenants of any CFD with the holders of the bonds issued for such CFD to collect any delinquent special taxes levied in whole or in part for the payment of such bonds, together with penalties, interest, and costs thereon.
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NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED by the Board of
Education of the Poway Unified School District, acting in its capacity as the legislative body of Community Facilities District No. 1 through Community Facilities District No. 14 as follows:
Section 1. The Board of Education hereby authorizes and orders the Superintendent to cause an action to be brought in the superior court to foreclose the lien of special tax when required by the covenants of any CFD with the holders of the CFD Bonds issued for such CFD to collect any delinquent special taxes levied in whole or in part for the payment of such CFD Bonds, together with penalties, interest, and costs thereon.
Section 2. The Board finds that the Act provides for the payment of the costs and attorneys fees for prosecution of the foreclosure lawsuits hereby authorized by the Board of Education on redemption prior to entry of judgment as well as on post-judgment redemption, and hereby authorizes the Superintendent to require payment on its behalf of all costs and all attorneys fees incurred in the applicable foreclosure lawsuit as a condition of such redemption.
Section 3. Best Best & Krieger LLP, as special counsel for the School District, is hereby authorized and directed to institute such actions in the name of the School District and the affected CFD or CFDs to foreclose the liens of all such delinquent special taxes. All actions taken on behalf of the School District and the affected CFD or CFDs by special counsel in furtherance of such foreclosure are hereby approved and ratified.
Section 4. The Superintendent, in cooperation and in conjunction with special counsel, is authorized and directed if and as applicable, pursuant to Government Code Section 53356.2: (a) to record notices of intent to remove the delinquent special taxes from the tax rolls, and (b) to request that the applicable County officials remove current and future delinquent special taxes from the tax rolls.
Section 5. This resolution shall take effect from and after its adoption. PASSED AND ADOPTED on November 17, 2014, by the following vote: AYES:
NOES: ABSTAIN: ABSENT:
STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO )
This is to certify that the foregoing document is a true copy of the Resolution of the Board of Education of the Poway Unified School District of San Diego County.
MOVED BY: _________________________ SECONDED BY: _________________________
VOTE: BEATTY ___ DAVIS ___ GUTSCHOW ___ PATAPOW ___ RANFTLE ___ STUDENT VOTE: PBREFERENTIAL ARRETT ___
TO: BOARD OF EDUCATION MEETING DATE: November 17, 2014
FROM: Malliga Tholandi AGENDA ITEM: D-507
Staff Support: Sandi Burgoyne