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HomeMy WebLinkAboutMINUTES - 08061991 - 1.42 RESOLUTION NO. 91/499 RESOLUTION APPROVING BOUNDARY MAP KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa resolves: A map entitled "Proposed Boundaries of Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California" has been filed with the Clerk of the Board. This Board of Supervisors approves the map and adopts the boundaries shown on the map as describing the extent of the territory included inla proposed assessment district to be known as Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California. i This Board of Supervisors finds that the map is in the form and contains the matters prescribed by Section 3110 of the California Streets and Highways Code. This Board of Supervisors directs the Clerk of the Board to certify the adoption of this resolution on the face of the map, and to file a copy of !the map with the County Recorder for placement in the Book !of Maps of Assessment and Community Facilities Districts. ! I I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 6th day of August, 1991. ATTEST: PHIL BATCHELOR, Clerkof Board of Supervisors and County Administrator I By RESOLUTION NO.91/499 RESOLUTION NO. 91 /500 RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES i KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa resolves: i This Board of Supervisors approves that certain agreement i between the COUNTY OF CONTRA COSTA, and NYSTROM ENGINEERING CORPORATION, for services as Engineer of Work for Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California, dated the 6th day of August, 1991, which agreement is on file with the Clerk of the Board. The Chairman of the Board of Supervisors is authorized to , sign the agreement and' the Clerk of the Board is authorized to i attest its execution. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of' California, at a regular meeting thereof, held on the 6th day of: August, 1991. ATTEST: PHIL BATCHELOR, Clerk 'of Board of Supervisors and County Administrator By i RESOLUTION NO. 91/500 ; I AGREEMENT FOR ENGINEERING SERVICES KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 I This is an agreement for engineering services between the COUNTY OF CONTRA COSTA, a political subdivision of the State of i California, referred to as Client, and NYSTROM ENGINEERING I CORPORATION, referred to as Engineer. I 1. Client retains Engineer as Engineer of Work for I Kensington Roads Improvement Assessment District AD 1991-1, to I perform the following ,services: (a) Preparation of a map showing the proposed boundaries of the assessment district, in accordance with the requirements of Division 4.5 of the Streets and Highways Code. (b) Preparation of the report required by Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913) , and modification of the report if directed by the legislative body of Client. The report shall include the following: (1) A general description of the improvements to be acquired, and a legal description of lands, rights-of-way, easements or other interests in real property to be acquired. I (2) An estimate of the cost of the improvement, including the cost of acquisitions and all incidental expenses. (3) An assessment diagram showing the parcels of land to be assessed. (4) A proposed assessment of the total cost of the improvement on benefited parcels of land within the assessment district. (c) Compilationiof a list of the names and addresses of all owners of land within the assessment district in accordance with records of the County Assessor or in accordance with title reports provided by the Client. (d) Posting of notices of improvement on all open streets within the assessment district at distances not greater than 300 feet apart.. Copies of the notice of improvement for posting are ;to be provided by the Client. (e) Attendance at meetings of Client's legislative body, when requested by Client's staff, for the purpose of presenting and seeking approval of the documents and reports described in subparagraphs (a) through (d) . i ' I (f) Attendance at all other public meetings of Client at which matters relating to the assessment district are considered, except routine matters. (g) Attendance at staff meetings or meetings of property owners upon the request of the Client, after reasonable notice. (h) Telephone consultation with staff members and property owners to answer engineering questions about the assessment proceedings. (i) Preparation of a final cost schedule after completion of the improvement and payment of all incidental expenses. 2. The services of Engineer under this agreement shall not I include the following:! (a) Preparation �of an environmental assessment to determine whether the improvement will have a significantllimpact on the environment within the meaning .:of the California Environmental Quality Act., (b) Preparation !of an Environmental Impact Report. (c) Construction staking. (d) Observationlofthe work of Client's contractor and certification to the Client of the contractor's entitlement to progress payments. (e) Preparation ;of change orders as may be required during the course of construction. The performance by Engineer of services excluded by this paragraph, if required by Client, shall be under separate oral or written agreement. 3 . In consideration of the services set forth in Paragraph 1, Client shall pay to Engineer the following fee and costs: Bond Increments Standard Fee I First $1,000,000.00 1 1/2% (minimum fee $15,000) amount between $1.3,000,000.00 1% (In addition to amount calculated above) amount between $3-5,000,000.00 3/4 of 1% (In addition to amount calculated above) amount between $5-7,000,000.00 1/2 of 1% (In addition to amount calculated above) amount between $7-9,000,000.00 j 1/4 of 1% (In addition to amount calculated above) amount between $9,000,000.00 to 20,000,000.00 1/8 of 1% (In addition to amount calculated above) remaining amount over $20,000,000.00 1/10 of 1% (In addition to amount calculated above) In no event, however, will the compensation of Engineer exceed the amount set forth by Engineer for that purpose in the Report, or any amended Report, prepared by him under Section 10204 of the Streets and Highways Code, without specific authorization of the legislative body. 2 I I # Payment by Client of said compensation is contingent upon the levy of assessment's and the sale and delivery of improvement bonds representing unpaid assessments in the assessment district. If, for any reason, as are not confirmed and bonds delivered, Engineer shall be paid no fee. Engineer's compensation is payable upon delivery of the bonds. Dated: August 6,; 1991 CONTRA C COUNTY, a political subdiv' ion he St of California B C firman of the Board of Supervisors ATTEST: By '\ Clerk of 't Bo d of Supervisors NYSTROM ENGINEERING CORPORATION By i 3 RESOLUTION NO. 91/501 RESOLUTION APPROVING AGREEMENT FOR FINANCIAL ADVISORY SERVICES .WITH LIBERTY PUBLIC FINANCIAL ADVISORS KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa resolves: As a part of the ;proceedings for improvements in Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California, this Board of Supervisors approves that certain agreement between the COUNTY OF CONTRA COSTA and LIBERTY PUBLIC FINANCIAL ADVISORS dated August 6, 1991, which agreement is on file with the Clerk of the Board. The Chairman of the Board of Supervisors is authorized to sign the agreement and the Clerk of the Board is authorized to attest its execution. : I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 6th day of August, 1991. ATTEST: PHIL BATCHELOR, Clerk :of Board of Supervisors and County Administrator By I RESOLUTION NO. 91/501 AGREEMENT FOR FINANCIAL ADVISORY SERVICES KENSINGTON ;ASSESSMENT DISTRICT NO. 1991-1 This is an agreement for financial advisory services between the COUNTY OF CONTRA.COSTA, a political subdivision of the State of California, referred to as Client, and LIBERTY PUBLIC FINANCIAL ADVISORS, Pleasanton, California, referred to as Financial Advisor. 1 . Client retains Financial Advisor as financing consultant to perform the following consulting services relating to Kensington Assessment District, County of Contra Costa, State of California. (a) present the !potential alternatives in financing the proposed project . i (b) conduct due diligence by reviewing all existing information regarding outstanding debt, bond covenants, prior debt repayment, and appropriate ordinances or resolutions, ; including the engineering, architectural, planning, legal and financial information regarding the project . I (c) assist in the selection of other financing team members as requested, including the trustee, printer, and underwriter. , (d) recommend a reserve fund, capitalized interest, and costs of issuance . !, (e) recommend specific terms for the securities including maturity schedules, call features, refunding protection, and others . (f) prepare a set of financing documents and prepare an official statement for use in the marketing of the bonds . (g) recommend the timing of the marketing of the bond issue based on the ;conditions in the market . (h) recommend to . the issuer which method of sale should be chosen to market the bonds . (i) in a competitive sale, prepare and distribute notice of sale of bonds and official statement to prospective bidders . (j) review bids and recommend which bid from a qualified bidder produces the lowest net interest costs . (k) or in a negotiated sale, recommend an underwriter (s) , and supervise the; underwriter (s) as bonds are being marketed, getting information as to actual method of sales . (1) review recent and , comparable market interest rates and recommend whether interest rates and other terms in the final bond purchase contract are competitive . (m) and in either type of sale, aid in the closing preparationsand attend the closing. 2 . The services of Financial Advisor under this agreement shall not include the following: (a) Underwriting 'the bond issue . 3 . In consideration of the services set forth in paragraph 1, Client shall pay to Financial Advisor the following fees and costs : i (a) The fee of Financial Advisor shall be a fixed fee as set forth in the engineer' s report as finally approved under Section 10312 of the Streets and Highways Code . (b) The fee of Financial Advisor shall be the amount of $30, 000 . 00 . (c) Costs shall be reimbursed . to Financial Advisor as follows : 1) Cost ofprinting and distribution of the official statement, notice to bidders, and other official documents . 2) Costs of Federal Express or similar delivery service . The cost of other services for which Financial Advisor makes arrangements under this agreement (such as Underwriter' s Discount, Official Statement printing costs) shall be billed to the Client and shall be paid by Client directly to the payee . (d) Payment by Client of the financial advisory fee is contingent upon the sale of bonds representing unpaid assessments in the district . If for any reason, bonds are not sold, Financial Advisor shall be paid no fee . Both the feeand costs are payable upon delivery of the bonds . 4 . Financial Advisor certifies that it has no interest, either direct or contingent, in any property or contract arising from or affected by the assessment district, except as Financial Advisor under this agreement . Financial Advisor does not represent any owner of property within the proposed boundaries of this assessment district, an!d has not received a fee from any source for services connected with the project . DATED: August 6 1991 CONTRA COSTA COUNTY, a political subdivisio the State of California By Ch h rman of the Board of Supervisors ATTEST: By Clerk of the oar of Supervisors �T LIBERTY PUBLIC FINANCIAL ADVISORS By Naqine McKin ey e By Charles A. Lee 3. AGREEMENT FOR FINANCIAL ADVISORY SERVICES KENSINGTON 'ASSESSMENT DISTRICT NO. 1991-1 This is an agreement for financial advisory services between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, referred toias Client, and LIBERTY PUBLIC FINANCIAL ADVISORS, Pleasanton, California, referred to as Financial Advisor. 1 . client retains Financial Advisor as financing consultant to perform the following, consulting services relating to Kensington' Assessment District, County of Contra Costa, State of California. (a) present the :potential alternatives in financing the proposed project . (b) conduct due : diligence by reviewing all existing information regarding outstanding debt, bond covenants, prior debt repayment, and appropriate ordinances or resolutions, iincluding the engineering, architectural, planning, legal and financial information regarding the project . (c) assist in the selection of other financing team members as requested, including the trustee, printer, and underwriter. , (d) recommend a reserve fund, capitalized interest, and costs of issuance . , (e) recommend specific terms for the securities including maturity schedules, call features, refunding protection, and others. (f) prepare a set of financing documents and prepare an official statement for use in the marketing of the bonds . (g) recommend the timing of the marketing of the bond issue based on theconditions in the market . (h) recommend to 'the issuer which method of sale should be chosen to market the bonds . (i) in a competitive sale, prepare and distribute notice of sale of bonds and official statement to prospective bidders . (j) review bids And recommend which bid from a qualified bidder produces the lowest net interest costs . (k) or in a negotiated sale, recommend an underwriter (s) , and supervise the, underwriter (s) as bonds are being marketed, . getting information as to actual method of sales . review recent and comparable market interest rates and recommend whether interest rates and other terms in the final bond purchase contract are competitive . (m) and in either type of sale, aid in the closing preparations and attend the closing. 2 . The services of Financial Advisor under this agreement shall not include the following: (a) Underwriting the bond issue . 3 . In consideration of the services set forth in paragraph 1, Client shall pay to Financial Advisor the following fees and costs : (a) The fee of Financial Advisor shall be a fixed fee as set i forth in the engineer' s report as finally approved under Section 10312: of the Streets and Highways Code . (b) The fee of Financial Advisor shall be the amount of $30, 000 .00 . (c) Costs shall be reimbursed to Financial Advisor as follows: 1) Cost of printing and distribution of the official statement, notice to bidders, and other official document-s . 2) Costs of f Federal Express or similar delivery service., The cost, of other services for which Financial Advisor makes arrangements under this agreement (such as Underwriter' s Discount, official: Statement printing costs) shall be billed to the .Client and shall be paid by Client directly to the payee. (d) Payment by Client of the financial advisory fee is contingent upon the sale of bonds representing unpaid assessments 1 1 n the district . If for any reason, bonds are not soldr Financial Advisor shall be paid no fee . Both the feeland costs are payable upon delivery of the bonds . 4 . Financial Advisor certifies that it has no interest, either direct or contingent, in any property or contract arising from or affected by the; assessment district, except as Financial Advisor under this agreement . Financial Advisor does not represent any owner of property within the proposed boundaries of this assessment district, and has not received a fee from any source for services connected with the project . DATED: August 6 1991 CONTRA COSTA COUNTY, a political subdivisio the State of California I By Ch rman of the Board of Supervisors ATTEST: By Clerk of the oar of: Supervisors LIBERTY PUBLIC FINANCIAL ADVISORS By Nal4ine McKy' By Charles A. Lee RESOLUTION NO. 91/502 RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa resolves: This Board of Supervisors approves that certain agreement between the COUNTY OF CONTRA COSTA, and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, for services of that firm as Special Bond Counsel for Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California, dated August 6, 1991, which agreement is on file with the Clerk of the Board. The Chairman of the Board of Supervisors is authorized to sign the agreement and the Clerk of the Board is authorized to attest its execution. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of: California, at a regular meeting thereof, held on the 6th day of August, 1991. ATTEST: PHIL BATCHELOR, Clerk of Board of Supervisors and County Administrator By _0 (Jol:v� ; RESOLUTION NO. 91/502 .rl , AGREEMENT FOR LEGAL SERVICES KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 CONTRA COSTA COUNTY This is an agreement for legal services between the COUNTY OF CONTRA COSTA, a political subdivision of the State of California, referred to as Client, and STURGIS, NESS, BRUNSELL & SPERRY a professional corporation, Attorneys at Law, Emeryville, California, referred to as Bond Counsel. 1. Client retains Bond Counsel as special counsel to perform the following legal services relating to Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, State of California. (a) Preparation of all forms of resolutions, notices, affidavits, and .other documents required by the Municipal Improvement Act of 1913 , including the legal format of the engineer's report required by Section 10204 . (b) The preparation of written instructions to Client's Clerk and other staff members concerning the performance of legally required duties. (c) Review of documents prepared by Client's engineering staff or consulting engineers, including boundary map, assessment diagram, assessment roll, and the general provisions of construction specifications. (d) Attendance at the public hearing on the engineer's report, (including continuances of the hearing, if any) . (e) Attendance at all other public meetings of Client at which matters relating to the assessment district are considered, except routine matters. (f) Attendance at staff meetings or meetings of property owners, upon the request of the Client, after reasonable notice. (g) Telephone consultation with staff members and property owners to answer legal questions about the assessment proceedings. (h) Preparation of the notice inviting bids and construction contract, if required, and review of contract bonds and insurance documents. (i) Arrangements for the printing of improvement bonds to represent unpaid assessments, including, if required, the printing of a bond register and assessment installment notices. (j) The preparation of a record of assessment installments for the use of the County Auditor, if required. r J .. (k) Arrangements for the sale of improvement bonds either by negotiation or by public bid, at the option of Client, including a review of financial disclosure requirements and, if required, the preparation of the notice inviting bona bids. (1) The preparation of bond delivery documents. (m) The rendition of a legal opinion on the validity of :the improvement bonds and the proceedings leading to their issuance. (n) Preparation of a transcript of the legal proceedings in loose-leaf form for the"use of the Client. (o) Preparation of the required reports to the California Debt Advisory Commission (pursuant to Section 8:855 et seq. of the Government Code) and to the Internal Revenue Service (pursuant to Section 1'49 of the Internal Revenue Code of 1986) . 2. The services of Bond Counsel under this agreement shall not include the following: (a) Legal services in connection with the acquisition :of interests in real property, either through negotiation or through exercise of the power of eminent domain. (b) Legal services in connection with litigation. The performance by Bond Counsel of services excluded by this paragraph, if required by Client, shall be under separate oral or written agreement. 3. In consideration of the services set forth in paragraph 1, Client shall pay to Bond Counsel the following fee and costs: (a) The legal fee of Bond Counsel shall be a scaled percentage of the amount assessed as set forth in the engineer's report as finally approved under Section 10312 of the Streets and Highways Code. (b) The legal fee shall be an amount equal to one (1%) of that portion of the amount assessed not exceeding $10 million, plus one-half of one percent (1/21) of that portion assessed exceeding $110 million, but not exceeding $20 million, plus one-fourth of one percent (1/4%) of all amounts assessed exceeding $20 million. The fee shall be not less than $10, 000. (c) In addition -to the legal fee specified in paragraph (b) above, if bonds representing unpaid assessments are issued in more than one issue, the legal fee shall include $5, 000 for each issue after the first. (d) Costs shall be reimbursed to Bond Counsel as follows: 1) Filing end recording fees and publication costs advanced on behalf of Client. 2 2) The cost of preparing auditor's record, if required: 7 cents per assessment for each year of the bond issue, with a minimum of X30. 00. 3) Costs of Federal Express or similar delivery service. 4) Cost of preparation of notices to property owners. The cost of other services for which Bond Counsel makes arrangements under this agreement (such as bond printing costs) shall be ;gilled to the Client and shall be paid by Client directly to the payee. (e) Payment by Client of the legal fee is . contingent upon the levy of assessments and the sale and delivery of improvement bonds representing unpaid assessments in the assessment district. If for any reason, assessments are not confirmed and bonds delivered, Bond Counsel shall be paid no legal fee. (f) Both the legal fee and costs are payable upon delivery of the bonds. If bonds are issued in more than one issue, the cumulative amount payable after each delivery shall be calculated under subparagraph (b) by reducing the amount of the assessment by the par value of bonds authorized but not issued; the amount payable after each delivery shall be the cumulative amount payable less amounts previously paid. 4. Bond Counsel certifies that it has no. interest, either direct or contingent, in any property or contract arising from or affected by the assessment district, except as Bond Counsel under this agreement. Bond ;Counsel does not represent any owner of property within the proposed boundaries of this assessment district, and has not received a fee from any source for services connected with the project. DATED: August 6, 1991 C(fNTY OF ON COSTA, a political sVdiion )the St e o California B ATTEST: By STURGIS, NESS, BRUNSELL & SPERRY a professional corporation By Robert Brunsell 3 c RESOLUTION NO. 91/503 RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa resolves: This Board intends to order the following improvement under the authority of the Municipal Improvement Act of 1913: The improvement and rehabilitation of the public roadways in the Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California, such work to include a combination of the following three (3) construction procedures: 1) Reconstruction of the roadway sub-base, base and pavement, as well as portions of the adjacent curb, gutter and sidewalk; 2) Placement ofa blanket overlay of new asphalt pavement over the existing pavement; and 3) Placement of a slurry seal over the existing pavement. One of the three construction procedures listed above shall be applied to all. of the public streets in the Kensington Roads Improvement Assessment District AD 1991-1. This Board finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of Kensington Roads Improvement Assessment District AD, 1991-1, Contra Costa County, California. " This map has been approved by the Board and is now on file with the Clerk of the Board- The land within the exterior boundaries shown on the map shall be designated Kensington Roads Improvement Assessment District AD� 1991-1, Contra Costa County, California. This Board intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States, the State of California and this County now in use; in the performance of a public function. Where any disparity occurs in level or size between the improvement and private property, this Board determines that it is in the public interest and more economical to eliminate the RESOLUTION NO. 91/503 disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. This Board shall adopt an ordinance pursuant to Section 10205 of the California Streets and Highways Code to provide for a contribution of County funds such that any parcel may be discharged from the liven of the assessment before the issuance of bonds by a payment of $1, 300. 00 and that any assessment represented by any issued bonds may be discharged over a period of years by an average payment not to exceed $115.80 each year during the term of the bonds. Bonds representing unpaid assessments, and bearing interest at a rate not to exceed twelve percent (12%) per annum, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code) , and the last installment of the bonds shall mature eighteen (18) years from the second day of September next succeeding twelve (12) months from their date. The procedure for the collection of assessments and advance retirement of bonds under the Improvement Bond Act of 1915 shall be as provided in Part 11. 1, Division 10, of the Streets and Highways Code of the State of California. The County will not obligate itself to advance available funds from the County treasury to cure any deficiency which may occur in the bond redemption fund. A determination not to obligate itself shall not prevent the County from, in its sole discretion, so advancing funds. This Board intends to comply with the requirements of the Special Assessment; Investigation, Limitation and Majority Protest Act of 1931 by, proceeding under Part 7. 5 of said Act. The Engineer of Work is directed to include in its report all of the information required by Section 2961 of the Streets and Highways Code. 2 I, This Board of Supervisors appoints NYSTROM ENGINEERING CORPORATION as Engineer of Work for this project, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. In the opinion of this Board, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement as otherwise permitted in Section 2.0485 of the Public Contract Code. The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be distributed in accordance with the provisions of Section 10427 of the Streets and Highways Code. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of. California, at a regular meeting thereof, held on the 6th day of August, 1991. ATTEST: PHIL BATCHELOR, Clerk ;of Board of Supervisors and County Administrator By 3 RESOLUTION NO. 91/504 RESOLUTION ACCEPTING REPORT AND SETTING HEARING OF PROTESTS KENSINGTON ROADS IMPROVEMENT ASSESSMENT DISTRICT AD 1991-1 The Board of Supervisors of the County of Contra Costa resolves: 1. At the direction of this Board, NYSTROM ENGINEERING CORPORATION, as Engineer of Work for improvement proceedings in Kensington Roads Improvement Assessment District AD 1991-1, Contra Costa County, California, has filed with the Clerk of the Board the report described in Section 10204 of the Streets and Highways Code (Municipal Improvement Act of 1913) . This Board accepts the report without modification, for the purpose of conducting a hearing of protests to the improvements described in the report. 2 . This Board sets 2 : 00 P.M. on September 10, 1991, at the Chambers of the Board of Supervisors, 651 Pine Street, Martinez, Contra Costa County, California, as the time and place for hearing protests to the proposed improvements. 3 . The Clerk of the Board is directed to publish, post and mail the notices of improvement required by the Municipal Improvement Act of 1913 , and to file an affidavit of compliance. The notice shall be published in the WEST COUNTY TIMES. I HEREBY CERTIFY that the foregoing resolution was duly and regularly adopted by the Board of Supervisors of the County of Contra Costa, State of California, at a regular meeting thereof, held on the 6th day of August, 1991. ATTEST: PHIL BATCHELOR, Clerk of Board of Supervisors and County Administrator By t/ RESOLUTION NO. 91/504