HomeMy WebLinkAboutMINUTES - 10101995 - C51 BOARD OF SUPERVISORS
COUNTY OF CONTRA COSTA, CALIFORNIA
RESOLUTION NO. 9 5/4 7 2
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL YEAR 1995-96
AND THE ISSUANCE AND DIRECTING THE PUBLIC SALE OF 1995-96 TAX AND
REVENUE ANTICIPATION NOTES FOR THE MT. DIABLO UNIFIED SCHOOL DISTRICT
WHEREAS, pursuant to Sections 53850 to 53858, both inclusive, of the
Government Code of the State of California (herein called the "Government Code") (being
Article 7.6, Chapter 4, Part 1, Division 2, Title 5 of said Government Code), the Board of
Education of the Mt. Diablo Unified School District (the "District") has filed with this Board
of Supervisors (the 'Board") a resolution requesting that the Board borrow.money for the
District by the authorization, issuance and sale of not to exceed twenty million dollars
($20,000,000)principal amount of 1995-96 Tax and Revenue Anticipation Notes of the District
in anticipation of the receipt of taxes, income, revenue, cash receipts and other moneys to be
received by the District for the General Fund of the District during or attributable to Fiscal Year
1995-96; and
WHEREAS, the Board of Education of the District has found and determined that
the sum of twenty million dollars ($20,000,000), when added to the interest payable thereon,
does not exceed eighty-five per cent (85%) of the estimated amount of the uncollected taxes,
income, revenue, cash receipts and other moneys to be received by the District for the General
Fund of the District during or attributable to Fiscal Year 1995-96 and available for the payment
of the principal of and the interest on said notes; and
WHEREAS, the County intends to borrow, for and in the name of the District for
the purposes set forth above, an amount not to exceed twenty million dollars ($20,000,000) by
the issuance of said notes, and to provide for the public sale of said notes to the highest bidder
therefor; and
WHEREAS, pursuant to Section 53856 of the Government Code, certain taxes,
income, revenue, cash receipts and other moneys which will be received by the District for the
General Fund of the District during or attributable to Fiscal Year 1995-96 can be pledged for
the payment of the principal of and the interest on said notes (as hereinafter provided);
WHEREAS, there have been submitted to this Board, and are now on file with
the Clerk of this Board, forms of an Official Notice of Sale, a Notice of Intention to Sell Notes,
and an Official Statement all with respect to and describing said notes;
95/472
SF2-48985.1
NOW, THEREFORE, the Board of Supervisors of the County of Contra Costa
hereby resolves as follows:
Section 1. All the above recitals are true and correct and this Board so finds,
determines and represents.
Section 2.' Solely for the purpose of anticipating taxes, income, revenue, cash
receipts and other moneys to be received by the District for the General Fund of the District
during or attributable to Fiscal Year 1995-96, and not pursuant to any common plan of
financing, the County hereby determines to and shall issue (for and on behalf of the District) not
to exceed twenty million dollars ($20,000,000) principal amount of temporary notes under
Sections 53850 et LN. of the Government Code, to be designated the "Mt. Diablo Unified
School District 1995-96 Tax and Revenue Anticipation Notes" (the "Notes"). The Notes shall
be issued in fully registered form in denominations of$5,000 or any integral multiple of$5,000,
shall be dated the date of their delivery, shall mature (without option of prior redemption) on
the day that is one year subsequent to their date, and shall bear interest (payable at maturity and
computed on the basis of a 360-day year of twelve 30-day months) at the rate determined at the
time of the sale thereof, but not to exceed six per cent (6%) per annum. Both the principal of
and interest on the Notes shall be payable to the registered owners of the Notes, but only upon
surrender thereof, in lawful money of the United States of America at the office of the
Treasurer-Tax Collector of the County (the "Treasurer") in Martinez, California. The aggregate
principal amount, the interest rate, the delivery date, and the final maturity date of the Notes,
shall be as determined by the Treasurer upon or prior to the sale of the Notes, upon the
recommendation of the Superintendent of the District made in accordance with the resolution of
the District, and shall be designated by the Treasurer in a Certificate of Award to be executed
upon award of the Notes to the purchaser thereof.
Section 3. (A) The Notes shall be initially issued and registered in the name of
"Cede & Co.," as nominee of The Depository Trust Company, New York, New York
(hereinafter, Cede & Co. and The Depository Trust Company are referred to collectively as
"The Depository Trust Company") and shall be evidenced by a Note certificate or certificates,
in accordance with procedures of The Depository Trust Company. Registered ownership of the
Notes, or any portion thereof, may not thereafter be transferred except as set forth in
Section 3(B).
(B) Registered ownership of the Notes, or any portions thereof, may not
thereafter be transferred except:
(i) to any successor of The Depository Trust Company, or its nominee,
or of any substitute depository designated pursuant to clause (ii) of this subsection (B) (a
"Substitute Depository"); provided, that any successor of The Depository Trust Company or
Substitute Depository shall be qualified under any applicable laws to provide the service
proposed to be provided by it;
SF2 4a9ss.1 2
(ii) to any Substitute Depository not objected to by the Treasurer, upon
(1) the resignation of The Depository Trust Company or its successor (or any Substitute
Depository or its successor) from its functions as depository, or (2) a determination by the
Treasurer to substitute another depository for The Depository Trust Company (or its successor)
because it is no longer able to carry out its functions as depository; provided, that any such
Substitute Depository shall be qualified under any applicable laws to provide the services
proposed to be provided by it; or
(iii) to any person as provided below, upon (1) the resignation of The
Depository Trust Company or its successor (or any Substitute Depository or its successor) from
its functions as depository, or (2) a determination by the Treasurer to discontinue using a
depository.
(C) In the case of any transfer pursuant to clause (i) or clause (ii)of subsection
(B) of this section, upon receipt of all outstanding Notes by the Treasurer, a single new Note,
which the County shall prepare or cause to be prepared, shall be executed and delivered and
registered in the name of such successor or such Substitute Depository, or its nominee, as the
case may be. In the case of any transfer pursuant to clause (iii) of subsection (B) of this section,
upon receipt of all outstanding Notes by the Treasurer, new Notes, which the County shall
prepare or cause to be prepared, shall be executed and delivered in such denominations and
registered in the names of such persons as are determined by the Treasurer.
(D) The County and the Treasurer shall be entitled to treat the person in whose
name any Note is registered as the owner thereof for all purposes of this resolution and for
purposes of payment of principal and interest on such Note, notwithstanding any notice to the
contrary received by the Treasurer or the County; and the County and the Treasurer shall not
have responsibility for transmitting payments to, communicating with, notifying, or otherwise
dealing with any beneficial owners of the Notes. Neither the County nor the Treasurer shall
have any responsibility or obligation, legal or otherwise, to any such beneficial owners or to any
other party, including The Depository Trust Company or its successors (or any Substitute
Depository or its successor), except to the registered owner of any Notes, and the Treasurer may
rely conclusively on its records as to the identity of the registered owners of the Notes.
(E) Notwithstanding any other provisions of this resolution and so long as all
outstanding Notes are registered in the name of The Depository Trust Company or its registered
assigns, the County and the Treasurer shall cooperate with The Depository Trust Company, as
sole registered owner, and its registered assigns in effecting payment of the principal of and
interest on the Notes by arranging for payment in such manner that funds for such payment are
properly identified and are made available on the date due; all in accordance with the letter of
representations from the County to The Depository Trust Company and The Depository Trust
Company's operational arrangements, the provisions of which the Treasurer may rely upon to
implement the foregoing procedures notwithstanding any inconsistent provisions herein.
SF2-48985.1 3
(F) In the case of any transfer pursuant to clause (iii) of subsection (B) of this
section, any Note may, in accordance with its terms, be transferred or exchanged for a like
aggregate principal amount of Notes in authorized denominations, upon the books required to
be kept by the Treasurer pursuant to the provisions hereof, by the person in whose name it is
registered, in person or by such person's duly authorized attorney, upon surrender of such Note
for cancellation, and, in.the case of a transfer, accompanied by delivery of a written instrument
of transfer, duly executed in form approved by the Treasurer.
Whenever any Note shall be surrendered for transfer or exchange, the County
shall execute and the Treasurer shall deliver a new Note or Notes of authorized denominations
for a like aggregate principal amount. The Treasurer shall require the registered owner
requesting such transfer or exchange to pay any tax or other governmental charge required to
be paid with respect to such transfer or exchange.
(G) The Treasurer will keep or cause to be kept, at its office in Martinez,
California, sufficient books for the registration and transfer of the Notes, which shall at all times
be open to inspection by the County. Upon presentation for such purpose, the Treasurer shall,
under such reasonable regulations as it may prescribe, register or transfer or cause to be
registered or transferred, on such books, Notes as hereinbefore provided.
(H) If any Note shall become mutilated, the County, at the expense of the
owner of such Note, shall execute, and the Treasurer shall thereupon deliver a new Note of like
tenor bearing a different number in exchange and substitution for the Note so mutilated, but only
upon surrender to the Treasurer of the Note so mutilated. If any Note shall be lost, destroyed
or stolen, evidence of the- ownership thereof, and of such loss, destruction or theft may be
submitted to the County and the Treasurer and, if such evidence be satisfactory to both and
indemnity satisfactory to them shall be given, the County, at the expense of the owner, shall
execute, and the Treasurer shall thereupon deliver a new Note of like tenor and bearing a.
different number in lieu of and in substitution for the Note so lost, destroyed or stolen (or, if
any such Note shall have matured, instead of issuing a substitute Note, the Treasurer may pay
the same without surrender thereof). The Treasurer may require payment by the registered
owner of a Note of a sum not exceeding the actual cost of preparing each new Note issued
pursuant to this paragraph and of the expenses which may be incurred by the County and the
Treasurer. Any Note issued under these provisions in lieu of any Note alleged to be lost,
destroyed or stolen shall constitute an original additional contractual obligation on the part of the
County whether or not the Note so alleged to be lost, destroyed or stolen shall be at any time
enforceable by anyone, and shall be entitled to the benefits of this Resolution with all other
Notes secured by this Resolution.
(I) All Notes surrendered for payment or registration of transfer, if
surrendered to any person other than the Treasurer, shall be delivered to the Treasurer and shall
be promptly cancelled by it. The County may at any time deliver to the Treasurer for
cancellation any Notes previously delivered hereunder which the County may have acquired in
any manner whatsoever, and all Notes so delivered shall promptly be cancelled by the Treasurer.
SF2-48985.1 4
No Note shall be delivered in lieu of or in exchange for any Notes cancelled as provided herein,
except as expressly permitted hereunder. All cancelled Notes held by the Treasurer shall be
disposed of as directed by the County.
Section 4. The Notes shall be issued without coupons and shall be substantially
in the form and substance set forth in Exhibit A attached hereto and by reference incorporated
herein, the blanks in said form to be filled in with appropriate words or figures.
Section 5. The Treasurer or a duly appointed deputy Treasurer is hereby
authorized to manually execute the Notes and the Clerk of the Board and County Administrator
or a duly appointed deputy is hereby authorized to manually countersign the Notes. The Clerk
of the Board and County Administrator or a duly appointed deputy is hereby authorized to affix
the seal of the County to the Notes by manual impression thereof. The Treasurer is hereby
authorized to cause the blank spaces of the Notes to be filled in as may be appropriate.
Section 6. There is hereby established a separate fund in the County treasury for
the purpose of ensuring the application of the proceeds representing principal received from the
sale of the Notes for the purpose specified in Section 2 hereof for which the Notes are to be
issued, which separate fund is hereby designated the "Mt. Diablo Unified School District 1995-
96 Tax and Revenue Anticipation Note Proceeds Fund" (the "Proceeds Fund"). The Treasurer
shall, immediately upon receiving the proceeds of the sale of the Notes, place in the Proceeds
Fund all amounts representing principal received from such sale. All money held by the
Treasurer in the Proceeds Fund shall be invested as permitted by the Government Code, and the
proceeds of such investments shall be retained in the Proceeds Fund.
Amounts in the Proceeds Fund shall be withdrawn and deposited in the General
Fund of the District, and expended for any purpose for which the District is authorized to
expend funds from its General Fund, but only after exhausting funds otherwise available for such
purposes (which are not restricted funds) and only to the extent that on any given day such other
funds are not then available, and for purposes of this paragraph, otherwise available amounts
excludes amounts that are held or set aside in a reasonable working capital reserve not exceeding
five per cent (5%) of the District's total working capital expenditures from its available funds
in Fiscal Year 1994-95; provided, that if on the date that is six (6) months from the date of
issuance of the Notes, all amounts in the Proceeds Fund (including investment earnings thereon)
shall not have been so withdrawn and spent, the District shall promptly notify Orrick,
Herrington & Sutcliffe ("Bond Counsel"), and, to the extent of its power and authority, comply
with the instructions of Bond Counsel as to the means of satisfying the rebate requirements of
Section 148 of the Internal Revenue Code of 1986. For purposes of this paragraph, the
"proceeds" of the Notes are equal to the initial offering price of the Notes to the public, as
certified by the purchaser of the Notes.
Section 7. (A) The principal of and interest on the Notes shall be payable from
taxes, income, revenue, cash receipts and other moneys which are received by the District for
the General Fund of the District for the Fiscal Year 1995-96 and which are lawfully available
SF2-48985.1 5
for the payment of current expenses and other obligations of the District (the "Unrestricted
Revenues").
(B) As security for the payment of the principal of and interest on the Notes,
the County (for and on behalf of the District) hereby covenants to deposit in trust in a special
fund designated as the "Mt. Diablo Unified School District 1995-96 Tax and Revenue
Anticipation Note Repayment Fund" (the "Repayment Fund"), which fund will be held by the
Treasurer acting as the responsible agent to maintain such fund until the payment of the principal
of the Notes and the interest thereon: (i) an amount equal to fifty per cent (50%) of the
principal amount of the Notes from the Unrestricted Revenues to be received by the District
during the month ending April 30, 1996, and (ii) an amount equal to fifty per cent (50%) of the
principal amount of the Notes, together with an amount sufficient to pay the interest on the
Notes at maturity, from the Unrestricted Revenues to be received by the District during the
month ending May 31, 1996, together with an amount sufficient (net of anticipated earnings on
money in the Repayment Fund) to satisfy and make up any deficiency in the Repayment Fund
with respect to the prior deposit. The Unrestricted Revenues received during each indicated
month are hereinafter called the "Pledged Revenues."
(C) In the event that there have been insufficient Pledged Revenues received
by the District by the third business day prior to the end of either such month to permit the
deposit into the Repayment Fund of the full amount of the Pledged Revenues required to be
deposited with respect to such month, then the amount of any deficiency in the Repayment Fund
shall be satisfied and made up from any other money of the District lawfully available for the
payment of the principal of the Notes and the interest thereon (all as provided in Sections 53856
and 53857 of the Government Code) (the "Other Pledged Moneys") on such date or thereafter
on a daily basis, when and as such Other Pledged Moneys are received by the District.
(D) Any money placed in the Repayment Fund shall be for the benefit of the
registered owners of the Notes, and until the principal of the Notes and all interest thereon are
paid or until provision has been made for the payment of the principal of the Notes at maturity
with interest to maturity, the money in the Repayment Fund shall be applied only for the
purposes for which the Repayment Fund is created.
(E) All Pledged Revenues and any other deposits required to be made into the
Repayment Fund required by Section 7(B) and 7(C) to be set aside for repayment of the Notes,
shall, when received, be deposited in the Repayment Fund. On the date of maturity of the
Notes, the money in the Repayment Fund shall be used, to the extent necessary, to pay the
principal of and interest on the Notes. Any money remaining in or accruing to the Repayment
Fund after the principal of the Notes and the interest thereon have been paid, or provision for
such payment has been made, shall be transferred to the General Fund of the District.
(F) Money in the Repayment Fund, to the greatest extent possible, shall be
invested by the Treasurer, as permitted by applicable California law as it is now in effect and
as it may be amended, modified or supplemented from time to time.
SF2-48985.1 6
Section 8. It is hereby covenanted that the County, and its appropriate officials,
have duly taken all proceedings necessary to be taken by them, and will take any additional
proceedings necessary to be taken by them, for the levy, collection and enforcement of the
Pledged Revenues in accordance with law for carrying out the provisions of this resolution and
the Notes.
Section 9. (A) The District has represented that it shall not take any action, or
fail to take any action, if such action or failure to take such action would adversely affect the
exclusion from gross income of the interest payable on the. Notes under Section 103 of the
Internal Revenue Code of 1986, as amended (as used in this Section 9, the "Code"). Without
limiting the generality of the foregoing, the District has covenanted that it will comply with the
requirements of the Tax Certificate of the District with respect to the Notes, to be entered into
by the District as of the date of issuance of the Notes, and further stipulates that such
representation and covenant shall survive payment in full or defeasance of the Notes.
(B) In the event the Notes shall be subject to the rebate requirements of
Section 148 of the Code, the District shall be responsible for making all calculations in a
reasonable and prudent fashion relating to any rebate of excess investment earnings on the
proceeds of the Notes due to the United States Treasury, and the Treasurer shall, upon the
direction of the District, segregate and set aside from the lawfully available sources held by the
Treasurer on behalf of the District, the amount such calculations indicate may be required to be
paid to the United States Treasury, and shall otherwise at all times, upon the direction of the
District, do and perform all acts and things necessary and within its power and authority,
including complying with each applicable requirement of Section 103 and Sections 141 through
150 of the Code and complying with the instructions of Bond Counsel to assure that interest paid
on the Notes shall, for the purposes of federal income taxes and California personal income
taxation, be excludable from the gross income of the recipients thereof and exempt from such
taxation. If so directed by the District, the Treasurer will immediately set aside from District
revenues attributable to the 1995-96 Fiscal Year or, to the extent not available from such
revenues, from any other money lawfully available, the amount of any such rebate in a separate
fund which the Treasurer hereby agrees to establish and maintain on behalf of the District and
to designate as the "Mt. Diablo Unified School District 1995-96 Tax and Revenue Anticipation
Note Rebate Fund."
(C) Notwithstanding any other provision of this resolution to the contrary,upon
the County's failure to observe, or refusal to comply with, the covenants contained in this
section, no one other than the holders or former holders of the Notes shall be entitled to exercise
any right or remedy under this resolution on the basis of the County's failure to observe, or
refusal to comply with, such covenants.
(D) The covenants contained in this section shall survive the payment of the
Notes.
SF2-48985.1 7
(E) Notwithstanding any provision of this section, if the District shall provide
to the Treasurer an opinion of Bond Counsel that any specified action required under this section
is no longer required or that some further or different action is required to maintain the
exclusion from gross income for federal income tax purposes of interest on the Notes, the
Treasurer and the County may conclusively rely on such opinion in complying with the
requirements of this section, and the covenants hereunder shall be deemed to be modified to that
extent.
Section 10. The form of proposed Official Notice of Sale inviting bids for the
Notes, in substantially the form on file with the Clerk of this Board of Supervisors, is hereby
approved and adopted as the Official Notice of Sale inviting bids for the Notes, subject to such
completion, correction, revision or additions hereafter deemed necessary by the Treasurer upon
consultation with the Superintendent of the District(or duly appointed designee) and the financial
advisor to the District.
Proposals for purchase of the Notes shall be received on behalf of the Clerk of
this Board of Supervisors on October 11, 1995 (or on such other date as determined by the
Treasurer, so long as such date is not later than December 10, 1995), at the hour and place
designated in said Official Notice of Sale by the Treasurer, for the purchase of the Notes for
cash at not less than their principal amount plus accrued interest thereon, if any, to the date of
their delivery, and at the interest rate to be designated in the bid.
Section 11. The publication of the notice of intention to sell the Notes, in
substantially the form on file with the Clerk of this Board of Supervisors, in The Bond Buyer
at least fifteen days prior to the date of public sale of the Notes, as provided in Section 10
hereof, by a Deputy Clerk of the Board is hereby ratified and approved.
Section 12. Government Financial Strategies, Inc., 1228 "N" Street, Suite
Thirteen, Sacramento, California 95814-5609, as Financial Advisor to the District for the Notes,
is hereby authorized and directed to cause to be printed and mailed to prospective bidders for
the Notes copies of the Official Notice of Sale, completed by the Treasurer as described in
Section 10 hereof, together with copies of the Official Statement in preliminary form for the
Notes, in substantially the form now on file with the Clerk of the Board, which preliminary
Official Statement has been adopted and approved by the Board of Education of the District,
subject to such changes. as may be approved by the Superintendent of the District (or duly
appointed designee) and the financial advisor to the District.
Section 13. All actions heretofore taken by the officers and agents of the County
or the Board with respect to the issuance and sale of the Notes are hereby approved, confirmed
and ratified and the officers and agents of the County and the Board are hereby authorized and
directed, for and in the name and on behalf of the County, to do any and all things and take any
and all actions and execute any and all certificates, agreements and other documents which they,
or any of them, may deem necessary or advisable in order to consummate the lawful issuance
and delivery of the Notes in accordance with this resolution.
SF2-48985.1 8
n
PASSED AND ADOPTED this 10th day of October, 1995,by the following vote:
AYES: Supervisors Rogers , DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: Supervisor Bishop
GIP of the Board of Supervisors
ATTEST:
(LOI AIR?_)
Clerk o the Board of Supervisors
and County Administrator
SF248985.1 9
CLERK'S CERTIFICATE
I, Clerk of the Board of Supervisors (the "Board") of Contra Costa County, do
hereby certify that the foregoing is a full, true and correct copy of a resolution and order duly
adopted at a regular meeting of the Board duly and regularly and legally held at the regular
meeting place thereof on October 10, 1995, of which meeting all the members of the Board
had due notice and at which a quorum,thereof was present; that at said meeting said resolution
was adopted by the following vote:
AYES: Supervisors Rogers , DeSaulnier, Torlakson and Smith
NOES: None
ABSENT: Supervisor Bishop
An agenda of said meeting was posted at least 72 hours before said meeting at
a location freely accessible to members of the public in Martinez, California, and a brief
description of said resolution appeared on said agenda.
I further certify that I have carefully compared the same with the original
minutes of said meeting on file and of record in my office and that said resolution is duly
entered of record and is a full, true and correct copy of the original resolution adopted at said
meeting and entered in said minutes. Said resolution has not been amended, modified or
rescinded since the date of its adoption and the same is now in full force and effect.
WITNESS my hand this 20th day of October , 1995.
Phil Batchelor, Clerk of the Board of Supervisors
CL 0-1
o
Depu Clerk of the Board of Supervisors
Contra Costa County
SF248985.1
fes•
AFFIDAVIT OF POSTING OF AGENDA
STATE OF CALIFORNIA )
) ss.
COUNTY OF CONTRA COSTA )
Christine W a m p l e r hereby declares that s he is a citizen of the
United States of America, over the age of 18 years; that acting for the Board of Supervisors of
Contra Costa County she posted on October 5_, 1995, at 651 Pine Street, Martinez,
California, an agenda for the regular meeting of the Board of Supervisors of Contra Costa
County to be held on October 10, 1995, a copy of which is attached hereto.
Dated: October 20 , 1995.
I declare under penalty of perjury that the foregoing
is true and ect.
Deputy Clerk
SF248985.1
JIM ROGERS.A16m I GINSIOW ADR 74 90400 or QJrtllAMM GAYL,E 1018NOP
JEFF Smrrm.M� CONTRA COSTA COUNTY
ami
°A1`E `AT'I"1M0N ftK VECIAL DISTRICTS,AGENCIES,AND a c BATCHELOR io
*AAK D&SAULNIER.COMOOIID AUTHORITIES GOVERNED BY THE BOARD AND
R"9t*IVCt Sao OW KIM.Pow IV.AOIIIKfIMMIN9uaouo
C0UNTTOM TOR�AKSON. MARTINEZ INEZ CALIFORNIA YISS3c229 �ApwMrbTRATOR
9nlosrna •�9!aAml
TUESDAY
OCTOBER 10i 1"5
8:30 A.M. Closed Session
9:30 A.M. Call to order and opening ceremonies.
Inspirational Thought - "Enjoy the little things, for one day you may look back and
discover they were the big things." — Author Unknown
CONSIDER CONSENT ITEMS (Pages 3-7) - Items removed from this section will be
considered with the Short Discussion Items.
9:35 A.M.
SHORT DISCUSSION ITEMS
SD.1 PUBLIC COMMENT. (3 Minutes/Speaker)
SD.2 STATUS report from the County Administrator and County Counsel regarding the feasibility
of a meeting with the Los Medanos Hospital Board.
SD.3 HEARING on establishment of Underground Utility District No.27,Loring Avenue,Crockett
area.
SDA HEARING on abatement of real property, 3460 Sandmound Boulevard, Oakley, Jonathan
Scheitel,owner. (Continued from July 11,1995)
SD.5 HEARING on proposed abatement of real property at 6538 Claremont Avenue, Richmond,
Ralph Jones,owner.
SD.6 CONSIDER any Consent Items previously removed.
10:00 A.M.
SD.7 CONSIDER letter from David Ninomiya,President,Ninomiya Nursery Company,regarding
the imposition of a gas fiaachise fee surcharge and CONSIDER comments from the Public
Works Director and County Counsel.
SDA HEARING on proposed police services special taxes for County Service Area P-6, related
ordinance adoption and fixing of elections therein and formation of the following zone: Zone
1604;MS 12-93.
SD.9 ACCEPT report from the Public Works Director regarding the San Pablo Dam Road/El Portal
Drive traffic signal modification project.
1 (io-10-95)
h
SD.10 HEARING on proposal to enter into energy service and third party financing contracts to
purchase and install energy efficient lighting fixtures at County Buildings on Douglas Drive,
Martinez.
SD.l l CONSIDER report from the General Services Director advising that there is a need to
continue the emergency action regarding repair of fire damage at the County Courthouse,725
Court Street, Martinez, Mt. Diablo Judicial District Court facilities at 1950 Parkside Drive,
Concord, 2970 Willow Pass Road, Concord, and at,the Walnut Creek-Danville Judicial
District Court facilities at 640 Ygnacio Valley Road,Walnut Creek.
SD-12 CONSIDER Transportation Committee Report on the Contra Costa Transportation
Authority's update of their Strategic Plan. {Supervisor Torlakson}
SD.13 COMMUNICATION from the Presiding Judge of the Walnut Creek-Danville Municipal
Court thanking the Board of Supervisors and County staff for their prompt and effective help
in getting the Court fimctioning again after the fire in August,1995.
11:00 A.M.
•IB ATION ITEMS
D.1 CONSIDER report from the Growth Management and Economic Development Agency
Director on the status of the vested maps and policy relative to the East County School's
Mitigation Fee.
D.2 CONSIDER approving the recommendations of the Internal Operations Committee regarding
the role and responsibilities of the six County Fire Protection Districts' Advisory Fire
Commissions.
2:00 P.M.
nFLIBIZRATION MM
D.3 HEARING on recommendation of the Contra Costa County Planning Commission on the
proposed amendment to the Contra Costa County Ordinance Code amending Section 82-
10.002 to address concerns that if a substandard lot otherwise qualifies for the small lot
occupancy exception,a building permit can be issued unless the County Zoning Administrator
determined that the location,size,height and design of the proposed single family dwelling is
not compatible with the surrounding nelghborbood. {Countywide County File No.008.-5)
DA WORKSHOP on pending Federal cuts to Medicare and Medicaid fimdmg.
2 {10-10.93}
GENERAL INFORMATION
The Board meets in all its capacities pursuant to Ordinance Code Section 24-2.402, including as the Housing
Authority and the Redevelopment Agency. Persons who wish to address the Board should complete the form
provided for that purpose and furnish a copy of any written statement m the Clerk.
All matters listed under CONSENT ITEMS are considered by the Board to be routine and will be enacted by one
motion. There will be no separate discussion of these items unless requested by a member of the Board or a
member of the public prior lo the time the Board votes on the motion to adopt.
Persons who wish to speak on matters set for PUBLIC HEARINGS will be heard when the Chair calls for comments
from those persons who are in support thereof or in opposition thereto. After persons have spoken,the hearing is
dosed and the matter Is subject tD discussion and action by the Board. There is no further comment permitted from
the audience unless invited by the Chair.
Requests for reconsideration of a land use(planning)decision must be sutxrritted in writing to the Clerk of the Board
of Supervisors within 10 days of the Board's decision,and must identify the new information which was not before the
Board of Supervisors when the decision was made.
The County will provide reasonable accommodations for disabled'individuals planning to attend Board meetings who
contact the Clerk of the Board at(510)646-2371;TDD(510)646-4929. An assistive listening device is available from
the Clerk,Room 106.
Copies of taped recordings of all or portions of a Board meeting may be purchased from the Clerk of the Board.
Please telephone the Office of the Clerk of the Board,(510)646-2371,m make the necessary arrangements.
Forms are available tD anyone desiring to submit an inspirational thought nomination for inclusion on the Board
Agenda. Forms may be obtained at the Office of the County Administrator or Office of the Clerk of the Board,651
Pine Street,Martinez,California.
The Family and Human Bei vices Committee(Supervisors M.DeSaulnier and J.Smith)meets on the second and
fourth Mondays of the month at 9:00 A.M.in the James P.Kenny Conference Room(Room 105).
The Finance CommMee(Supervisors T.Torlskson and J.Smith)meets on the first and third Mondays of the month
at 10:30 A.M.,first floor Conference Room 108.
The Internal Operations Committee (Supervisors M. DeSaulnier and J. Rogers) meets on the first and third
Mondays of the month at 7:30 A.M.in the James P.Kenny Conference Room(Room 105).
The Transnorhtlon Committee(Supervisors J.Smith and T.Torlskson)meets on the first and third Mondays of the
month in the Conference Room(Room 108)at 9:00 A.M. Please contact Community Development Department at
646-2134 to wrifirm date,time and piece.
The Water Committee (Supervisors G. Bishop and T. Torfakson)meets on the first Monday of the month at 1:30
P.M. in the James P. Kenny Conference Room(Room 105). Contact the Community Development Department at
646-2071 to confirm date,time and place.
..........
ADJOURNMENT: The Board adjourns today's meeting to the Committee meetings)as noted: (See above for time
and place of meetings)
Internal Operations Committee 10.16-95 7:30 A.M. Public Works Department.
255 Glacier Drive,
Martinez,CA.
Transportation Conrr>htee 10-16-95 9:00 A.M. Administration Building,
651 Pine St., Rm. 108,
Martinez,CA.
. ..........
PERSONS WHO WISH TO ADDRESS THE BOARD MAY BE LIMITED TO THREE(3)MINUTES.
1
AGENDA DEADLINE: Thursday,12 noon,12 days before the Tuesday Board trtsstings.
i (10-10-95)
CONSENT ITEMS
(Items are subject to removal from Consent Calendar by request of any Supervisor or on request for
discussion by a member of the public).
Road and Transportation
C.l APPROVE project contingency fiord increase of 515,000 for the Pittsburg Avenue Extension
Project,North Richmond area.
C.2 APPROVE and AUTHORIZE the Public Works Director to execute Amendment No.3 to the
Consulting Services Agreement with Geospectra for additional construction inspection
services for the Appian Way Triangle Widening Project,El Sobrante area.
C.3 CONVEY surplus portion of Port Chicago Highway to the United States of America, Bay
Point area.
Engineering Services
CA SUB 7818: ACCEPT completion of improvements for subdivision developed by Whitecliff
Homes,Alamo area.
C.5 SUB 7045: ACCEPT completion of improvements, warranty period and release of cash
deposit for faithfid performance for subdivision developed by Northern California Company,
Oakley area.
C.6 MS 26-93: ACCEPT completion of improvements for subdivision developed by Max and
Kathleen Winnie,Walnut Creek area.
C.7 MS 17-92: WAIVE Ordinance Code Section 94-4.414 for subdivision developed by Moraga
76.15,Moraga area.
C.8 MS 17-92: AUTHORIZE acceptance of grant deed of development rights and grant deed of
scenic easement for subdivision developed by Moraga 76.15,Moraga area.
C.9 MS 17-92: APPROVE parcel map and subdivision agreement for subdivision being
developed by Moraga 76.15,Moraga area.
C.10 MS 32-91:ACCEPT completion of improvements for subdivision being developed by Bruce
L.and Angie Lindorf,Walnut Creek area.
C.11 MS 89-89:APPROVE parcel map for subdivision developed by Mark Davis,Martinez area.
C.12 MS 96-88: ACCEPT completion of warranty period and release of cash deposit for faithfid
performance for subdivision developed by Pat Geoghegan,El Sobrante area.
C.13 ROAD CLOSURE:GRANT permission to completely close a portion of Sellers Avenue for
the period of October 25, 1995, through January 30, 19%, for the purpose of sewer
installation,Brentwood area.
Special Districts&County Airports
C.14 APPROVE lease with JR Leasing,Inc.,for space at Buchanan Field Airport,Concord area.
3 (10-10-95)
• Special Districts&County Airports-Continued
C.15 APPROVE contract change order No. 17 with Teichert Construction in the amount of
560,725.68 for additional work at Contra Costa County-Byron Airport,Byron area.
Statutory Actions-None
CL'ms.Collections&L•itigation
C.16 DENY claims of H.Davis;J.and S.Edwards;S.Hayworth;P.Jordan;R.and P.Kea;A.
Ramos, et al; State Farm Insurance Companies; J. and P. Slice; J. Valentine and L.
Whitten.
C.17 RECEIVE report from the Risk Manager concerning matter of Janet D.Maldon vs.Contra
Costa County and AUTHORIZE payment from the General Liability Trust Fund.
C.18 RECEIVE report from the Risk Manager concerning matter of Michael Smith vs. Contra
Costa County and AUTHORIZE payment from the Worker's Compensation Trust Fund.
Hearing Dates-None
Honors&Proclamations
C.19 DECLARE October 15, 1995, as "White Cane Safety Day" in Contra Costa County, as
recommended by Supervisor DeSaulnier.
C.20 DECLARE October 14, 1995, as "William L. Milano Day" in Contra Costa County
recognising Bill Milano for 40 years of dedicated service as Financial Secretary of Local
Union 1440,United Steelworkers of America,as recommended by Supervisor Torlakson.
Ordinances
C.21 ADOPT ordinance, introduced on October 3, 1995, amending the Campaign Spending
Reform Ordinance.
AaWntments
C.22 APPOINT the following persons to the Better Government Task Force: Leslie T.Knight,
Human Resources Director,and Steven Stembrecher, Data Processing Services Director,
nominated by the County Administrator; Sharon Burke, nominated by the League of
Women Voters of Diablo Valley and Richmond areas;and Daniel Borenstein(journalist)
and James F. Brelsford(attorney), nominated by the Society of Professional Journalists,
Northern California Chapter.
C.23 APPROVE medical staff appointments and reappointments as recommended by the
Medical Executive Committee on September 18,1995.
C.24 APPOINT Paul Schwenger as the District IV representative to the Assessment Appeals
Board for the terns ending September 2,1997,as recommended by Supervisor DeSaulnier.
4 (10-10-95)
Appropriation Adjustments -1995-1996 FY-None
Lin
C.25 APPROVE the Transportation Committee report authorizing the Chair, Board of
Supervisors,to sign letters to Senator Boatwright and Assemblyman Rainey thanking them
for their efforts on the County's behalf on AB 1671 (Katz).
Personnel Actions
C.26 RECLASSIFY one Lead Steamfitter position to SteamStter and ADD one Lead Steamfitter
position in the General Services Department.
C.27 RECLASSIFY one Social Worker position to Social Service Program Assistant in the Social
Services Department.
C28 REALLOCATE Alcoholism Rehabilitation Worker positions to Substance Abuse Counselor;
REVISE and RETITLE the class of Alcoholism Rehabilitation Lead Worker to Substance
Abuse Lead Counselor, ESTABLISH the class of Substance Abuse Counselor Trainee;
CANCEL the classes of Alcoholism Rehabilitation Worker, Alcoholism Rehabilitation
Trainee,Discovery Counselor I-Project in the Health Services Department.
C29 ESTABLISH the class of Small Business Development Center Business Consultant-Project
on the salary schedule in the Private Industry Council(PIC). (Federal Funds)
C.30 ESTABLISH the class of Medical Staff Coordinator on the salary schedule and
REALLOCATE five Secretary Advanced Level positions to the new class in the Health
Services Department. (Budgeted)
C.31 INCREASE the hours of one Medical Social Worker-Project position from 20/40 to 40/40 in
the Health Services Department. (Federal Funds)
C.32 ADD one Clerical Supervisor position and CANCEL one Clerk Specialist position in the
Probation Department. (Budgeted)
Grants&Contracts
APPROVE and authorize execution of agreements between the County and following agencies for
receipt of funds and/or services:
C.33 APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute an agreement with
the State Department of Health Services in the amount of$836,010 for the Maternal and Child
Health County Allocation/Black Infant Health Program through June 30, 1996. ($345,718
County Match)
C.34 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute a Cooperative
Agreement Award with the U.S. Department of Transportation National Highway Traffic
Safety Administration in the amount of$34,500 for the Traffic Safety and Health Partnership
Development Project through September 30,19%. (No County Match)
5 (10-10-95)
t
Grants&Contracts-Continued
C.35 APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute an agreement with
the Regents of the University of California(U.C. Berkeley, School of Public Health) in the
amount of$157,824 for the"Train Health Professionals in Motor Vehicle Injury Prevention'
Project through September 30,1997. (No County Match)
C.36 APPROVE and AUTHORIZE the Health Services Director to submit a funding application to
the State of California Department of Health Services,Breast Cancer Early Detection Program
in the amount of$390,000 for the Contra Costa Breast Cancer Early Detection and Screening
Partnership Program through October 31,1996. (No County Match)
C.37 APPROVE and AUTHORIZE the Chair, Board of Supervisors, to execute the County
Subvention Program Certificate of Compliance and the Medi-Cal Cost Avoidance Program
Agreement as administered by the California Department of Veterans Affairs to receive
estimated allocations of$33,768 for County Subvention and $28,275 for Medi-Cal Cost
Avoidance. (No County Match)
C.38 APPROVE and AUTHORIZE the Director of Public Works, to execute a Technical
Assistance contract with the Contra Costa County Redevelopment Agency for Fiscal Year
1995-96. (Consider with Item C.56)
APPROVE and autLorize execution of agreements between the County and following agencies as
noted for the purchase of equipment and/or services:
C.39 APPROVE and AUTHORIZE the Executive Director,Private Industry Council,to execute a
Job Training Partnership Act contract with Contra Costa College with a payment limit of
$92,567 for worksite training by technology and video technology for approximately 30 JTPA
eligible participants through June 30, 1996. (Federal and State Funds)
C.40 APPROVE and AUTHORIZE the Chair,Board of Supervisors,to execute a State Education
Coordination and Grants Funds Cooperative Agreement to expend $75,000 of Job Training
Partnership Act funds for its project with Contra Costa College through June 30, 1996.
(Federal and State Funds)
C.41 APPROVE and AUTHORIZE the Deputy Director,Redevelopment Agency,or his designee
to(1)enter into HOME Project Agreement 947 with Lao Family Community Development,
Inc., (LFCD) to provide $250,000 in fiscal year 1994 HOME Investment Partnership Act
(HOME)funds for the Rumrill Gardens Affordable Housing Project and(2)execute required
loan documents with LFCD for this purpose.
C.42 APPROVE and AUTHORIZE the Chau, Board of Supervisors, to execute a contract
extension with the Contra Costa Centre Association in the amount of 540,000 for
transportation demand management services at the Pleasant Hill BART Station area through
December 31,1995,as recommended by the Transportation Committee. (Developer Fees)
C.43 APPROVE and AUTHORIZE the Community Services Director, or designee,to execute a
contract amendment with Pittsburg Preschool Coordinating Council to increase the payment
limit by $16,177 to a new payment limit of$90,868 and to extend the termination date.
(County Match)
C.44 APPROVE and AUTHORIZE the Director, Office on Aging, or designee, to execute a
contract amendment with Contra Costa Senior Legal Services to increase their advance by
59,726 for a total advance of$19,452 for fiscal year 1995-1996. (Federal and State Funds)
6 (10.10-95)
f
Leases-None
' Other Actions
C.45 RATIFY the Zoning Administrator's decision that Shell Oil Company has complied with
Condition of Approval No.22 for the Co-generation Unit.
C.46 ADOPT resolution approving the notice of intention by the County Tax Collector to sell
certain tax-defaulted property by sealed bid.
C.47 ADOPT resolution approving the notice of intention by the County Tax Collector to sell
certain tax-defaulted property by public auction.
C.48 ACCEPT the report from the Treasurer-Tax Collector reconciling internal cash and
investment information with the Auditor-Controller's General Ledger.
C.49 REJECT bids for Livorna Park, Livonia Road and Miranda Avenue, Alamo, for County
Service Area R7-A,as recommended by the General Services Director.
C.50 APPROVE amendment to Exhibit"A"of the Contra Costa Sheriffs Conflict of Interest Code
to substitute Undersheriff for Assistant Sheriff in said Code.
C.51 ADOPT resolution providing for the issuance and sale of tax and revenue anticipation notes
for the Mt.Diablo Unified School District.
C.52 ADOPT resolution amending the procedures for election of members of the Retirement
Board.
C.53 APPROVE and RATIFY staff comments to the Bureau of Reclamation on the draft
environmental assessment process and finding of no significant impact for the proposed San
Luis Drain Project.
C.54 CONCUR in the appointment of Rick Spencer to the Board of Directors, Rodeo Sanitary
District,to fill the position formerly held by John Badger.
Housing Authority
C.55 RECEIVE information on the Section 8 -Rental Owner Workshop schedule for October 25,
1995.
Redevelopment A=sy
C.56 APPROVE and AUTHORIZE the Deputy Director-Redevelopment to execute a Technical
Assistance contract with Contra Costa County for Fiscal Year 1995-96. (Consider with
Item C38)
Correseondeg-None
Consent Items of Board Members-None
Informution Items-None
7 (10-10-95)
JM ROGERS, "ENOAA FOR THE oww OF OuKWASORS 3 "YLE BISHOP
m OSTROM CU TTRA COSTA C(�I, NTY
a JEFF SMITH.MARTINEZ
!D 04TW?
sta asTtucT Cpm
GAYLE .SM RAMON MNL BATCHELOR
SPECIAL DISTRICTS,AGENCIES,AND
cum OF rre 9Omw
:► MARK D&SAU LNIER.Cf Www AUTHORITIES GOVERNED BY THE BOARD AM
ger D STt4CT MOM CKMAKAS.war ror.ADWASTRATION#UW04 COUNTY AOM"STRATOR
Tom TORLAx .*nmuac MARTINEZ CALIFORNIA 94953.1229
t
SUPPLE)UNTAL AGENDA
OCTOBER 100 1995
Consent Item
C.57 APPEAL from United Council of Spanish Speaking
Organizations. ACKNOWLEDGE RECEIPT AND FIX
OCTOBER 17, 1995, AS DATE FOR DECISION
Posted: October 5, 1995
By: �L/
Deputy Clerk
J
EXHIBIT A
No. $
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
MT. DIABLO UNIFIED SCHOOL DISTRICT
1995-96 TAX AND REVENUE ANTICIPATION NOTE
FOR VALUE RECEIVED, the Mt. Diablo Unified School District (the
"District"), in the County of Contra Costa, State of California, acknowledges itself indebted
to and promises to pay to at the office of the Treasurer-Tax Collector of the
County of Contra Costa (the "County") in Martinez, California, the principal sum of
DOLLARS ($ )
in lawful money of the United States of America, on
October _, 1996
together with interest thereon at the rate of
PER CENT (_%)
per annum (computed on the basis of a 360-day year of twelve 30-day months) in like lawful
money from the date hereof until payment in full of said principal sum. Both the principal of
and interest on this Note shall be payable only upon surrender of this Note as the same shall
fall due at maturity; provided, however, that no interest shall be payable for any period after
maturity during which the holder hereof fails to properly present this Note for payment.
It is hereby certified, recited and declared that this Note is one of an authorized
issue of Notes entitled, "Mt. Diablo Unified School District 1995-96 Tax and Revenue
Anticipation Notes" (the "Notes"), in the aggregate principal amount of
Dollars ($ ) all of like date, tenor and
effect, made, executed and given pursuant to and by authority of a resolution(the "Resolution")
of the Board of Supervisors of the County of Contra Costa duly passed and adopted on
October 3, 1995 (at the request of the District pursuant to a resolution of the Board of
Education of the District duly passed and adopted on September 26, 1995) under and by
authority of Article 7.6 (commencing with Section 53850) of Chapter 4, Part 1, Division 2,
Title 5 of the California Government Code, and that all acts, conditions and things required
to exist, happen and be performed precedent to and in the issuance of this Note have existed,
happened and been performed in regular and due time, form and manner as required by law,
SF2-48985.1 A-1
and that this Note, together with all other indebtedness and obligations of the District, does not
exceed any limit prescribed by the Constitution or statutes of the State ofCalifornia.
California.
The principal amount of the Notes, together with the interest thereon, shall be
payable from taxes, income, revenue, cash receipts and other moneys which are received by
the District for the General Fund of the District during or attributable to the Fiscal Year 1995-
96. As security for the payment of the principal of and interest on this Note and all Notes of
said authorized issue, the District has pledged certain taxes, income, revenue, cash receipts and
other moneys to be received by the District for the General Fund of the District during or
attributable to Fiscal Year 1995-96 (as provided in the Resolution), and the principal of and
the interest on this Note and all Notes of said authorized issue shall constitute a first lien and
charge thereon and shall be payable therefrom, and to the extent not so paid shall be paid from
any other money of the District lawfully available therefor.
This Note is transferable by the registered owner hereof in person or by such
owner's attorney duly authorized in writing at the office of the Treasurer-Tax Collector of the
County, but only in the manner, subject to the limitations and upon payment of the charges
provided in the Resolution, and upon surrender and cancellation of this Note. Upon such
transfer a new Note or Notes of authorized denominations and for the same aggregate principal
amount will be issued to the transferees in exchange herefor. The County may deem and treat
the registered owner hereof as the absolute owner hereof for the purpose of receiving payment
of or on account of principal hereof and interest due hereon and for all other purposes, and the
County shall not be affected by any notice to the contrary.
SF2-48985.1 A-2
IN WITNESS WHEREOF, the County of Contra Costa has caused this Note to
be executed by its Treasurer-Tax Collector by manual signature of a deputy Treasurer-Tax
Collector, and countersigned by the Clerk of its Board of Supervisors and County
Administrator by manual signature and has caused its official seal to be impressed hereon this
day of October, 1995.
COUNTY OF CONTRA COSTA
By
Treasurer-Tax Collector
(SEAL)
Countersigned:
Clerk of the Board of Supervisors
and County Administrator
[FORM OF
TRUSTEE'S CERTIFICATE OF AUTHENTICATION AND REGISTRATION]
This Note is one of the Notes described in the within-mentioned [Trust
Agreement], which Note has been authenticated and registered on the date set forth below.
Date of Authentication:
as Trustee and Paying Agent
By
Authorized Signatory
sF2-48985.1 A-3
[FORM OF ASSIGNMENT]
For value received the undersigned do(es) hereby sell, assign and transfer unto
(insert Social Security Number or taxpayer identification
number) the within-mentioned registered Note and hereby irrevocably constitute(s) and
appoint(s) attorney, to transfer the same on the books of the
Trustee with full power of substitution in the premises.
Dated:
Signature
NOTE: The signature to the assignment must
correspond to the name as written on the face of
this Note in every particular, without any
alteration or change whatsoever.
Signature Guaranteed By:
NOTE: The signature must be guaranteed
by an eligible guarantor institution.
[FORM OF DTC LEGEND]
Unless the certificate is presented by an authorized representative of The
Depository Trust Company to the issuer or its agent for registration of transfer, exchange or
payment, and any certificate issued is registered in the name of Cede & Co. or such other
name as requested by an authorized representative of The Depository Trust Company and any
payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF
FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL, since the
registered owner hereof, Cede & Co., has an interest herein.
SF2-48985.1
✓ No. R-1 $19,000,000
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
MT. DIABLO UNIFIED SCHOOL DISTRICT
1995-96 TAX AND REVENUE ANTICIPATION NOTE
Note Date: October 24, 1995 CUSIP: 621196 SZ8
FOR VALUE RECEIVED, the Mt. Diablo Unified School District (the
"District"), in the County of Contra Costa, State of California, acknowledges itself indebted
to and promises to pay to
CEDE & CO., as the Registered Owner hereof,
at the office of the Treasurer-Tax Collector of the County of Contra Costa (the "County"),in
Martinez, California, the principal sum of
NINETEEN NIILLION DOLLARS ($1990009000)
in lawful money of the United States of America, on
October 24, 1996
together with interest thereon at the rate of
FOUR AND ONE-HALF PER CENT (4.50%)
per annum (computed on the basis of a 360-day year of twelve 30-day months) in like lawful
money from the date hereof until payment in full of said principal sum. Both the principal of
and interest on this Note shall be payable only upon surrender of this Note as the same shall
fall due at maturity; provided, however, that no interest shall be payable for any period after
maturity during which the holder hereof fails to properly present this Note for payment.
It is hereby certified, recited and declared that this Note is one of an authorized
issue of Notes entitled, "Mt. Diablo Unified School District 1995-96 Tax and Revenue
Anticipation Notes" (the "Notes"), in the aggregate principal amount of Nineteen Million
Dollars ($19,000,000) all of like date, tenor and effect, made, executed and given pursuant to
and by authority of a resolution (the "Resolution") of the Board of Supervisors of the County
of Contra Costa duly passed and adopted on October 10,.1995 (at the request of the District
pursuant to a resolution of the Board of Education of the District duly passed and adopted on
October 5, 1995) under and by authority of Article 7.6 (commencing with Section 53850) of
Chapter 4, Part 1, Division 2, Title 5 of the California Government Code, and that all acts,
conditions and things required to exist, happen and be performed precedent to and in the
issuance of this Note have existed, happened and been performed in regular and due time, form
and manner as required by law, and that this Note, together with all other indebtedness and
obligations of the District, does not exceed any limit prescribed by the Constitution or statutes
of the State of California.
The principal amount of the Notes, together with the interest thereon, shall be
payable from taxes, income, revenue, cash receipts and other moneys which are received by
the District for the General Fund of the District during or attributable to the Fiscal Year 1995-
96. As security for the payment of the principal of and interest on this Note and all Notes of
said authorized issue, the District has pledged certain taxes, income, revenue, cash receipts and
other moneys to be received by the District for the General Fund of the District during or
attributable to Fiscal Year 1995-96 (as provided in the Resolution), and the principal of and
the interest on this Note and all Notes of said authorized issue shall constitute a first lien and
charge thereon and shall be payable therefrom, and to the extent not so paid shall be paid from
any other money of the District lawfully available therefor.
This Note is transferable by the registered owner hereof in person or by such
owner's attorney duly authorized in writing at the office of the Treasurer-Tax Collector of the
County, but only in the manner, subject to the limitations and upon payment of the charges
provided in the Resolution, and upon surrender and cancellation of this Note. Upon such
transfer a new Note or Notes of authorized denominations and for the same aggregate principal
amount will be issued to the transferees in exchange herefor. The County may deem and treat
the registered owner hereof as the absolute owner hereof for the purpose of receiving payment
of or on account of principal hereof and interest due hereon and for all other purposes, and the
County shall not be affected by any notice to the contrary.
sF2-sooa�.i 2
IN WITNESS WHEREOF, the County of Contra Costa has caused this Note to
be executed by the manual signature of its Treasurer-Tax Collector, and countersigned by the
manual signature of the deputy Clerk of the Board of Supervisors and County Administrator
and has caused its official seal to be impressed hereon this 24th day of October, 1995.
TREASURER-TAX COLLECTOR
COUNTY OF CONTRA COSTA
By
Treasu r- Collector
(SEAL)
Countersigned:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By .�
puty Clerk of thd of Supervisors
of the County of Contra Costa
SF2-50 a7.1 3
ASSIGNMENT
For value received the undersigned do(es) hereby sell, assign and transfer unto
(insert Social Security Number or taxpayer identification
number) the within-mentioned registered Note and hereby irrevocably constitute(s) and
appoint(s) attorney, to transfer the same on the books of the
Trustee with full power of substitution in the premises.
Dated:
Signature
NOTE: The signature to the assignment must
correspond to the name as written on the face of
this Note in every particular, without any
alteration or change whatsoever.
Signature Guaranteed By:
NOTE: The signature must be guaranteed
by an eligible guarantor institution.
DTC LEGEND
Unless the certificate is presented by an authorized representative of The
Depository Trust Company to the issuer or its agent for registration of transfer, exchange or
payment, and any certificate issued is registered in the name of Cede & Co. or such other
name as requested by an authorized representative of The Depository Trust Company and any
payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF
FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL, since the
registered owner hereof, Cede & Co., has an interest herein.
sFz-sooa�.i
SIGNATURE CERTIFICATE
We, the undersigned officers of the County of Contra Costa (the "County"),
California, holding the respective offices hereinbelow set opposite our signatures, do hereby
certify the following:
1. That on the date below set forth we officially signed and executed the
following notes, to wit:
Title of Notes: Mt. Diablo Unified School District
1995-96 Tax and Revenue Anticipation Notes
Principal Amount: $19,000,000
Date of Notes: October 24, 1995
Maturity of Notes: October 24, 1996
Interest Rate
of Notes: 4.50%
2. That the seal of the County is affixed to said Notes, and is impressed hereon
and is the legally adopted, proper and official seal of the County.
3. That the County has complied with all the terms contained in Resolution
No. 95-472 adopted by the Board of Supervisors of the County on October 10, 1995, providing
for the issuance and directing the sale of the Notes (the "Resolution"), to be complied with by
the County on or before this date, and the Resolution is in full force and effect; and
4. That no money has heretofore been borrowed by or on behalf of the Mt.
Diablo Unified School District in anticipation of the receipt of, or payable from or secured by,
taxes, income, revenue, cash receipts or other funds for or during Fiscal Year 1995-96.
sF2-SM5.1
r'
5. ' That said officers at the time of signing said Notes held said offices,
respectively, and that they now hold the same.
Dated: October 24, 1995.
Sign ature Name Official Title
-.
Treasurer-
ALFRED P. LOMELI Tax Collector
Deputy Clerk of the
JEANNE MAGLIO Board of Supervisors
[SEAL]
I HEREBY CERTIFY that the signatures of the officers above named are
genuine.
Dated: October 24, 1995.
D
Deputy Clerk
sn2-50055.1 2
C
MT. DIABLO UNIFIED SCHOpOLiDISTRICT
RESOLUTION NO. ! / 9(� — ✓?
A RESOLUTION OF THE BOARD OF EDUCATION OF MT. DIABLO UNIFIED
SCHOOL DISTRICT AUTHORIZING THE ISSUANCE OF THE MT. DIABLO UNIFIED
SCHOOL DISTRICT 1995-96 TAX AND REVENUE ANTICIPATION NOTES,
APPROVING FORM AND DISTRIBUTION OF AN OFFICIAL NOTICE OF SALE, A
NOTICE OF INTENTION TO SELL NOTES, AND AN OFFICIAL STATEMENT WITH
RESPECT TO SAID NOTES, REQUESTING THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY TO ISSUE AND SELL SAID NOTES, AND AUTHORIZING
THE TREASURER OF THE COUNTY TO AWARD THE SALE OF SAID NOTES.
WHEREAS, school districts are authorized by Sections 53850 et ses . of the
Government Code of the State of California to borrow money by the issuance of temporary
notes; and
WHEREAS, this Board of Education (the "Board") of Mt. Diablo Unified School
District (the "District") has found and determined that a sum of not to exceed twenty million
dollars ($20,000,000) is needed to satisfy obligations payable during or allocable to the Fiscal
Year 1995-96 from the General Fund of the District, and that it is necessary that said sum be
borrowed for such purpose at this time by the issuance of temporary notes in anticipation of the
receipt of taxes, income, revenue, cash receipts and other moneys by the District for the General
Fund of the District during or allocable to Fiscal Year 1995-96; and
WHEREAS, it appears, and the Board hereby finds and determines, that said sum
of twenty million dollars ($20,000,000), when added to the interest payable thereon, does not
exceed eighty-five per cent (85%) of the estimated amount of the uncollected taxes, income,
revenue, cash receipts and other moneys which will be received by the District for the General
Fund of the District during or allocable to Fiscal Year 1995-96 and which will be available for
the payment of said notes and the interest thereon; and
WHEREAS, no money has heretofore been borrowed by or on behalf of the
District through the issuance of tax anticipation notes or temporary notes in anticipation of the
receipt of, or payable from or secured by, taxes, income, revenue, cash receipts or other moneys
to be received by the District for the General Fund of the District during or allocable to Fiscal
Year 1995-96; and
WHEREAS, pursuant to Section 53856 of the Government Code of the State of
California, certain taxes, income, revenue, cash receipts and other moneys which will be
received by the District for the General Fund of the District during or allocable to Fiscal Year
SF2-49031.1
1995-96 can be pledged for the payment of said notes and the interest thereon (as hereinafter
provided); and
WHEREAS, there have been submitted to this Board, and are now on file with
the Clerk of this Board, forms of an Official Notice of Sale, a Notice of Intention to Sell Notes,
and an Official Statement all with respect to and describing said notes;
NOW, THEREFORE, the Board of Education of Mt. Diablo Unified School
District hereby finds, determines, declares and resolves as follows:
Section 1. All of the recitals herein set forth are true and correct, and the Board
so finds and determines.
Section 2. For the purpose of satisfying obligations payable from the General
Fund of the District, the Board hereby determines to borrow, and hereby requests the Board of
Supervisors of Contra Costa County (the "County")to borrow (for and on behalf of the District),
the aggregate principal sum of not to exceed twenty million dollars ($20,000,000) by the
issuance and sale of temporary notes under Sections 53850 et 5.gq. of the Government Code of
the State of California in anticipation of the receipt of taxes, income, revenue, cash receipts and
other moneys by the District for the General Fund of the District during or allocable to Fiscal
Year 1995-96, designated the "Mt. Diablo Unified School District 1995-96 Tax and Revenue
Anticipation Notes" (the "Notes").
The Board of Supervisors of the County shall be and it is hereby requested to sell
the Notes on October 11, 1995, or such other date determined in accordance with the resolution
of the Board of Supervisors authorizing issuance of the Notes. The County Treasurer, in
accordance with the terms of said resolution of the Board of Supervisors and the Official Notice
of Sale described in Section 6 hereof, and upon the recommendation of the Superintendent of
the District based upon consultation with the Financial Advisor and with Orrick, Herrington &
Sutcliffe, San Francisco, Bond Counsel to the District ('Bond Counsel"), is hereby authorized
to determine the aggregate principal sum of the Notes, which sum shall not in the aggregate
exceed twenty million dollars$20,000,000, or such lesser amount as to which Bond Counsel will
deliver an approving opinion regarding the exclusion from gross income for federal tax purposes
of interest thereon.
Section 3. The Notes shall be dated the date of their delivery, shall mature
(without option of prior redemption) on the day that is one year subsequent to their date, shall
bear interest (payable at maturity and computed on a 30-day month/360-day year basis) at the
rate determined at the time of sale thereof, but not in excess of six per cent (6%) per annum,
and shall be issued in fully registered form in denominations of five thousand dollars ($5,000)
or any integral multiple thereof, as determined prior to the delivery thereof. Both the principal
of and the interest on the Notes shall be payable to the registered owners of the Notes, only
upon surrender thereof, in lawful money of the United States of America at the office of the
County Treasurer in Martinez, California.
sF2.49031.t 2
The Notes shall otherwise be in the form and executed in the manner prescribed
by the County Board of Supervisors in its resolution authorizing the issuance of the Notes, or
as otherwise determined in accordance therewith.
Section 4. (A) The principal of and interest on the Notes shall be payable from
taxes, income, revenue, cash receipts and other moneys received by the District for the General
Fund of the District for the Fiscal Year 1995-96 and lawfully available for the payment of
current expenses and other obligations of the District (the "Unrestricted Revenues").
(B) As security for the payment of the principal of and interest on the Notes,
the District hereby covenants to deposit in trust in a special fund designated as the "Mt. Diablo
Unified School District 1995-96 Tax and Revenue Anticipation Note Repayment Fund" (the
"Repayment Fund"), which fund will be held by the County Treasurer acting as the responsible
agent to maintain such fund until the payment of the principal of the Notes and the interest
thereon: (i) an amount equal to fifty per cent (50%) of the principal amount of the Notes from
the Unrestricted Revenues to be received by the District during the month ending April 30,
1996, and (ii) an amount equal to fifty per cent (50%) of the principal amount of the Notes,
together with an amount sufficient to pay the interest on the Notes at maturity, from the
Unrestricted Revenues to be received by the District during the month ending May 31, 1996,
together with an amount sufficient(net of anticipated earnings on money in the Repayment Fund)
to satisfy and make up any deficiency in the Repayment Fund with respect to the prior deposit.
The Unrestricted Revenues received during each indicated month are hereinafter called the
"Pledged Revenues."
(C) In the event that there have been insufficient Pledged Revenues received
by the District by the third business day prior to the end of either such month to permit the
deposit into the Repayment Fund of the full amount of the Pledged Revenues required to be
deposited with respect to such month, then the amount of any deficiency in the Repayment Fund
shall be satisfied and made up from any other money of the District lawfully available for the
payment of the principal of the Notes and the interest thereon (all as provided in Sections 53856
and 53857 of the Government Code) (the "Other Pledged Moneys") on such date or thereafter
on a daily basis, when and as such Other Pledged Moneys are received by the District.
The County Treasurer is hereby requested and authorized to act as paying agent
for the District with respect to the Notes.
Section 5. (A) The District hereby covenants that it will not take any action, or
fail to take any action, if such action or failure to take such action would adversely affect the
exclusion from gross income of the interest payable on the Notes under Section 103 of the
Internal Revenue Code of 1986 (for purposes of this Section 5, the "Code"). Without limiting
the generality of the foregoing, the District hereby covenants that it will comply with the
requirements of the Tax Certificate of the District with respect to the Notes (the "Tax
Certificate"), to be entered into by the District as of the date of issuance the Notes. The
provisions of this Section 5 shall survive payment in full or defeasance of the Notes.
SF2-49031.1 3
(B) The District covenants that, in the event it is or becomes subject to the
rebate requirements of Section 148 of the Code, it shall make all calculations in a reasonable and
prudent fashion relating to any rebate of excess investment earnings on the proceeds of the Notes
due to the United States Treasury, shall cause the County Treasurer to segregate and set aside
from lawfully available sources the amount such calculations indicate may be required to be paid
to the United States Treasury, and shall otherwise at all times do and perform all acts and things
necessary and within its power and authority, including complying with each applicable
requirement of Section 103 and Sections 141 through 150 of the Code and complying with the
instructions of Bond Counsel, to ensure that interest paid on the Notes shall, for the purposes
of federal income taxes, be excludable from the gross income of the recipients thereof and
exempt from such taxation. If such calculation is required, the District will immediately cause
the County Treasurer to set aside, from revenues received during or allocable to the 1995-96
Fiscal Year or, to the extent not available from such revenues, from any other moneys lawfully
available, the amount of any such rebate in a separate fund which the District hereby agrees to
cause the County Treasurer to establish and maintain and designate as the "Mt. Diablo Unified
School District 1995-96 Tax and Revenue Anticipation Note Rebate Fund."
(C) Notwithstanding any other provision of this resolution to the contrary,upon
the District's failure to observe, or refusal to comply with, the covenants contained in this
section, no one other than the holders or former holders of the Notes shall be entitled to exercise
any right or remedy under this resolution on the basis of the District's failure to observe, or
refusal to comply with, such covenants.
(D) Notwithstanding any provision of this section, if the District shall obtain
an opinion of Bond Counsel that any specified action required under this section is no longer
required or that some further or different action is required to maintain the exclusion from gross
income for federal income tax purposes of interest on the Notes, the District may conclusively
rely on such opinion in complying with the requirements of this section, and the covenants
hereunder shall be deemed to be modified to that extent.
Section 6. (a) The form of proposed Official Notice of Sale inviting bids for the
Notes, in substantially the form submitted to this Board (a copy of which is on file with the
Clerk of the Board), is hereby approved, with such additions, changes and corrections as the
County Treasurer may require or approve upon consultation with the Superintendent of the
District and with the Financial Advisor. The Financial Advisor is hereby authorized and
directed to distribute said Official Notice of Sale to the potential bidders for the Notes.
(b) The form of Notice of Intention to Sell the Notes, in substantially the form
submitted to this Board (a copy of which is on file with the Clerk of the Board),.is hereby
approved and ratified, and the Financial Advisor is hereby authorized and directed to publish
said Notice in The Bond Buyer at least fifteen days prior to the date of public sale of the Notes.
(c) The Board of Supervisors of the County is hereby requested to authorize
and direct the County Treasurer or his designee, on behalf of the District and the County, to
accept the best responsive bid for the Notes, so long as such bid shall provide (i) a true interest
cost to the District of not to exceed six percent (6%) per annum, and (ii) the price to be paid
for the Notes shall not be less than the par value thereof, plus accrued interest, if any, to the
sF2-49031.1 4
date of delivery, plus such premium as is specified in the bid. If such true interest cost and
price are acceptable to the County Treasurer, the County Treasurer or his designee, acting at
the direction of the Board of Supervisors of the County, is hereby authorized to award the sale
of the Notes to the maker of the best responsive bid. If no acceptable bid is received, the
County Treasurer is requested to reject all bids for the Notes and to re-bid the Notes, or, if
necessary, sell the Notes by negotiated sale as permitted by law, upon consultation with the
Superintendent of the District and with the Financial Advisor.
Section 7. (a) The form of proposed Official Statement relating to the Notes in
substantially the form presented to this Board (a copy of which is on file with the Clerk of the
Board), is hereby approved and adopted as the Official Statement of the District with respect to
the Notes (the "Official Statement"), with such additions, changes and corrections as the
Superintendent of the District may require or approve upon consultation with the Financial
Advisor.
(b) The Financial Advisor is hereby authorized and directed to cause to be printed
and mailed to prospective bidders for the Notes copies of the Official Statement for the Notes
in preliminary form, accompanied by copies of the Official Notice of Sale, subject to such
changes as may be approved by the Superintendent of the District and the Financial Advisor.
(c) The Superintendent of the District is authorized, when he is satisfied with the
Official Statement for the Notes in preliminary form, to certify to the purchaser of the Notes on
behalf of the District that such Official Statement in preliminary form for the Notes is deemed
final as of its date, within the meaning of Rule 15c2-12 promulgated under the Securities
Exchange Act of 1934 (except for the omission of certain final pricing, rating and. related
information as permitted by said rule); and the Superintendent of the District is hereby
authorized and directed, for and in the name and on behalf of the District, to sign a copy of such
Official Statement in final form and the purchaser of the Notes is authorized and directed to
distribute copies of such Official Statement in final form to all subsequent purchasers of the
Notes.
(d) The Superintendent of the District is hereby authorized to execute a
Continuing Disclosure Certificate on behalf of the District containing such covenants of the
District as shall be necessary to comply with the requirements of Securities and Exchange
Commission Rule 15c2-12. The District hereby covenants and agrees that it will comply with
and carry out all of the provisions of such Continuing Disclosure Certificate.
Section 8. It is hereby covenanted and warranted by the District that all
representations and recitals contained in this resolution are true and correct, and that the District
and its appropriate officials have duly taken all proceedings necessary to be taken by them, and
will take any additional proceedings necessary to be taken by them, for the levy, collection and
enforcement of the taxes, income, revenue, cash receipts and other moneys pledged hereunder
in accordance with law and for carrying out the provisions of this resolution and the Notes.
Section 9. The Clerk of the Board is hereby authorized and directed to file a
certified copy of this resolution with the Board of Supervisors of the County, which shall
constitute the request of the Board that the Board of Supervisors of the County issue and sell the
SF2-49031.1 5
Notes as soon as practicable, and to simultaneously provide certified copies of this resolution
to the Superintendent of Schools of the County and the County Treasurer.
Section 10. This resolution shall take effect from and after its date of adoption.
SF249031.1 6
PASSED AND ADOPTED by the Board of Education of Mt. Diablo Unified
School District of Contra Costa County, State of California, this 5th day of October, 1995, by
the following vote:
AYES:
NOES:
ABSENT: C�
��'t o e f Education
ofablo Unified School District
[SEAL]
ATTEST:
lvC G---
Clerk of the Board of Education
of Mt. Diablo Unified School District
SF24903I.l 7
CLERK'S CERTIFICATE
1, Paul E '..A L 1 e n , Clerk of the Board of Education of the
Mt. Diablo Unified School District, County of Contra Costa, California, hereby certify as
follows:
The foregoing is a full, true and correct copy of a resolution duly adopted at a
regular meeting of the Board of Education of said District duly and regularly held at the
regular meeting place thereof on the 5th day of October, 1995, of which meeting all of the
members of said Board of Education had due notice and at which a quorum thereof was
present; and at said meeting said resolution was adopted by the following vote:
AYES: 5
NOES: 0
0
ABSTAIN
0
ABSENT:
An agenda of said meeting was posted at least 72 hours before said meeting at
1936 Carlotta Drive, Concord, California, a location freely accessible to members of the
public, and a brief description of said resolution appeared on said agenda.
I have carefully compared the same with the original minutes of said meeting
on file and of record in my office; the foregoing resolution is a full, true and correct copy of
the original resolution adopted at said meeting and entered in said minutes; and said
resolution has not been amended, modified or rescinded since the date of its adoption, and the
same is now in full force and effect.
5th October
WITNESS my hand this day of , 1995
Clerk of the Board of Education of Mt. Diablo
Unified School District
SF249031.1
AFFIDAVIT OF POSTING OF AGENDA
STATE OF CALIFORNIA )
ss.
COUNTY OF CONTRA COSTA )
Paul E. Allen hereby declares that _he is a citizen of the
United States of America, over the age of 18 years; that acting for the Board of Education of
the Mt. Diablo Unified School District he posted on October 2 , 1995 at 1936 Carlotta
Drive, Concord, California, a location freely accessible to members of the public, an agenda
for the regular meeting of the Board of Education of the Mt. Diablo Unified School District
to be held on October 5, 1995, a copy of which is attached hereto.
Dated: October 5, 1995.
I declare under penalty of perjury that the foregoing is
true and correct.
SF2-49031.1
ERRICK, HERRINGTON
& SUTCLIFFE
October 12, 1995. Direct Dial
(415) 773-4129
MEMORANDUM TO INTERESTED PARTIES:
Re: Mt. Diablo Unified School District
1995-96 Tax and Revenue Anticipation Notes
Please find the packet of draft closing documents for the above-
named Note issue, as identified on the enclosed Transcript List, consisting of the
Clerk's certificates relating to items 1 and 2, and items 9-21, with the exception of
items 12, 18 and 19. (The Tax Certificate, Item 11 , is enclosed as a separate
stapled item.)
I am enclosing, under separate cover, signature pages to all signatory
parties. Those who are returning signature documents should do so to ensure
delivery no later than Monday, October 23. if any signatory parties will not be
available between now and October 23, or if you have any comments on or
corrections to these documents, please let me know as soon as possible so that l
can prepare and mail replacement documents in time for closing.
Following closing, I will prepare three-ring looseleaf binder sets of
closing transcripts. If you would prefer an unpunched, unbound set of documents
instead, please be certain to let me know this in advance.
Ver truly yours,
John rtenstein
Old Federal Reserve Bank Building • 400 Sansome Street • San Francisco,California 94111-3143
Telephone 415 392 1122 • Facsimile 415 773 5759
Los Angeles • New York • Sacramento • Washington,D.C.
r
1 MT. DIABLO UNIFIED SCHOOL DISTRICT
1995-% TAX AND REVENUE ANTICIPATION NOTES
Interested Parties
As of 9/18/95
MT. DIABLO UNIFIED SCHOOL DISTRICT
Mt. Diablo Unified School District (510) 682-8000
1936 Carlotta Drive FAX: (510) 680-2505
Concord, CA 94519
Mr. Richard W. Allen Extension 4006
Acting Assistant Superintendent,
Administrative Services
Ms. Daralene C. Finnell Extension 4092
Director, Fiscal Services
COUNTY OF CONTRA COSTA
Office of the Treasurer (510) 646-4115
County of Contra Costa FAX: (510) 646-4135
Finance Building, Room 102
625 Court Street
Martinez, CA 94553
Mr. Alfred P. Lomeli (510) 646-4122
Treasurer-Tax Collector
Ms. Clarissa Javier (510) 646-4115
County Administrator's Office (510) 646-4093
County of Contra Costa FAX: (510) 646-4098
651 Pine Street, 11th Floor
Martinez, CA 94553
Mr. DeRoyce Bell
SF249178.1 40756-15-JMH-10/12!95
COUNTY COUNSEL
County Counsel (510) 646-2051
County of Contra Costa
651 Pine Street, 9th Floor
Martinez, CA 94553
Mary Ann Mason, Esq.
Deputy County Counsel
BOND COUNSEL
Orrick, Herrington & Sutcliffe (415) 392-1122
Old Federal Reserve Bank Building FAX: (415) 773-5759
400 Sansome Street
San Francisco, CA 94111
Carlo S. Fowler, Esq. (415) 773-5884
Chas C. Cardall, Esq. (415) 773-5449
John M. Hartenstein, Esq. (415) 773-4129
FINANCIAL ADVISOR
Government Financial Strategies, Inc. (916) 444-5100
1228 N Street, Suite Thirteen FAX: (916) 444-5109
Sacramento, CA 95814-5609
Paul Raineri
Jeff Small
PURCHASER
BT Securities Corporation FAX: (212) 250-1201
130 Liberty Street
New York, NY 11554
Walter Plunkett (212) 775-3992
Associate
sF2-49179.1 2 4m36-15-nom-10/12/95
$19,000,000
MT. DIABLO UNIFIED SCHOOL DISTRICT
1995-96 TAX AND REVENUE ANTICIPATION NOTES
Transcript List
1. Resolution No. 95/96-3 of the Board of Education of Mt. Diablo Unified School
District (the "District"), adopted on October 5, 1995, Requesting the Issuance of the
Notes, certified as of the date of closing.
2. Resolution No. 95-472 of the Board of Supervisors of the County of Contra Costa
(the "County"), adopted on October 10, 1995, Authorizing the Issuance of the Notes,
certified as of the date of closing.
3. Evidence that the Notes have been rated SP-1+ by Standard & Poor's Ratings Group.
4. Preliminary Official Statement, dated October 4, 1995, together with Official Notice
of Sale and Official Bid Form.
5. Affidavit of Publication of Notice of Intention to Sell the Notes in The Bond Buyer.
6. Certificate of Award of the Notes, dated October 11, 1995, together with bid of BT
Securities Corporation.
7. Notices to California Debt Advisory Commission (preliminary and final).
8. Official Statement, dated October 11, 1995.
9. Certificate of the District.
10. Certificate of the County Treasurer.
11. Tax Certificate, together with Certificate of Purchaser.
12. IRS Form 8038-G.
13. Signature Certificate.
14. No-Litigation Certificate.
15. Specimen of the Notes.
16. Receipt for Notes.
17. Receipt for Purchase Price.
SP2-50055.1
18. District's Blanket Letter of Representations to The Depository Trust Company.
19. County Treasurer's Operational Arrangements Letter of Representations to The
Depository Trust Company.
20. Final Opinion of Bond Counsel.
21. Continuing Disclosure Certificate of District.
SF2-50055.1 2
CERTIFICATE OF CLERK OF THE BOARD OF EDUCATION
OF THE MT. DIABLO UNIFIED SCHOOL DISTRICT
I, Paul E. Allen, Clerk of the Board of Education of the Mt. Diablo Unified
School District (the "District"), hereby certify that the foregoing is a full, true and correct copy
of Resolution No. 95/96-3 (the "Resolution") duly adopted at a meeting of the Board of
Education of the District duly and regularly held in Concord, California, on October 5, 1995,
of which meeting all of the members of said Board had due notice.
I further certify that I have carefully compared the foregoing copy with the
original minutes of said meeting on file and of record in my office; that said copy is a full, true
and correct copy of the Resolution adopted at said meeting and entered in said minutes; that the
Resolution has not been amended, modified, rescinded or revoked in any manner since the date
of its adoption; and that the Resolution is now in full force and effect.
I further certify that an agenda of said meeting was posted at least seventy-two
(72) hours before said meeting at a location fully accessible to members of the public in
Concord, California, and a brief general description of the Resolution appeared on said agenda.
IN WITNESS WHEREOF, I have executed this certificate this 24th day of
October, 1995.
Clerk of the Board of Education of the
Mt. Diablo Unified School District
slr2-50055.1
CERTIFICATE OF THE CLERK OF THE BOARD OF SUPERVISORS
OF THE COUNTY OF CONTRA COSTA
I, Deputy Clerk of the Board of Supervisors of the County of Contra Costa,
hereby certify that the foregoing is a full, true and correct copy of Resolution No. 95-472 (the
"Resolution") duly adopted at a meeting of the Board of Supervisors of the County of Contra
Costa duly and regularly held in Martinez, California, on October 10, 1995, of which meeting
all of the members of said Board had due notice.
I further certify that I have compared the foregoing copy with the original minutes
of said meeting on file and of record in my office; that said copy is a full, true and correct copy
of the Resolution adopted at said meeting and entered in said minutes; that the Resolution has
not been amended, modified, rescinded or revoked in any manner since the date of its adoption;
and that the Resolution is now in full force and effect.
I further certify that an agenda of said meeting was posted at least seventy-two
(72) hours before said meeting at a location fully accessible to members of the public in
Martinez, California, and a brief general description of the Resolution appeared on said agenda.
IN WITNESS WHEREOF, I have executed this certificate and affixed the seal
of the County of Contra Costa hereto this 24th day of October, 1995.
Phil Batchelor, Clerk of the Board of Supervisors
By
Deputy Clerk of the Board of Supervisors
of the County of Contra Costa
[SEAL]
SF2-50055.1
CERTIFICATE OF THE DISTRICT
I, Richard E. Allen, Acting Associate Superintendent, Administrative Services,
of the Mt. Diablo Unified School District (the "District"), County of Contra Costa (the
"County"), California, acting on behalf of the District solely in my official and not in my
personal capacity, hereby certify with respect to the issuance of$19,000,000 aggregate principal
amount of Mt. Diablo Unified School District 1995-96 Tax and Revenue Anticipation Notes (the
"Notes") as follows:
1. The District has complied with all the terms contained in Resolution
No. 95/96-3 adopted by the Board of Education of the District on October 5, 1995, authorizing
the issuance of the Notes, and in Resolution No. 95-472 adopted by the Board of Supervisors
of the County on October 10, 1995, providing for the issuance and directing the sale of the
Notes, to be complied with by the District on or before this date, and Resolution No. 95/96-3
of the District is in full force and effect; and
2. I have reviewed the Official Statement of the District, dated October 11,
1995 (the "Official Statement"), with respect to the Notes, and on the basis of such review
certify that, to the best of my knowledge, the Official Statement (except for information
contained under the caption "THE NOTES—Investment of Note Proceeds, Repayment Fund, and
District Operating Funds", and except for information regarding The Depository Trust Company
and its book-entry only system, as to all of which no view is expressed) does not contain any
untrue statement of a material fact or omit to state any material fact necessary in order to make
the statements made therein, in the light of the circumstances under which they were made, not
misleading, and further certify that, to the best of my knowledge, from the date of the Official
Statement to the date of delivery and payment for the Notes there has been no material adverse
change in the financial condition or affairs of the District which would make it unreasonable for
the purchaser of the Notes to rely upon the Official Statement in connection with the resale of
the Notes, and further certify that the Official Statement in preliminary form was "deemed final"
as of its date by the District within the meaning of Rule 15c2-12 promulgated under the
Securities and Exchange Act of 1934 (except for the omission of certain final pricing, rating and
related information as permitted by said rule).
Dated: October 24, 1995.
MT. DIABLO UNIFIED SCHOOL DISTRICT
By
Acting Associate Superintendent
Administrative Services
3P2-50055.1
CERTIFICATE OF THE COUNTY TREASURER AS TO OFFICIAL STATEMENT
I, the Treasurer-Tax Collector of the County of Contra Costa (the "County"),
California, acting solely in my official capacity in connection with the issuance on the date
hereof by the County of $19,000,000 principal amount of Mt. Diablo Unified School District
1995-96 Tax and Revenue Anticipation Notes (the "Notes"), hereby certify that:
I have reviewed the Preliminary Official Statement, dated October 4, 1995,
relating to the issuance the Notes, and the Official Statement, dated October 11, 1995 (the
"Official Statement") relating thereto, and have determined that the Preliminary Official
Statement as of its date and at the time of the sale of the Notes, and the Official Statement as
of its date and at all times subsequent thereto up to and including the date hereof, solely with
respect to the information contained therein under the caption "THE NOTES—Investment of
Note Proceeds, Repayment Fund, and District Operating Funds", did not, and does not, contain
any untrue statement of a material fact or omit to state a material fact necessary in order to make
the statements made therein, in the light of the circumstances under which they were made, not
misleading.
Dated: October 24, 1995.
TREASURER-TAX COLLECTOR OF THE
COUNTY OF CONTRA COSTA
By
Deputy Treasurer-Tax Collector
SF2-50055.1
SIGNATURE CERTIFICATE
We, the undersigned officers of the County of Contra Costa (the "County"),
California, holding the respective offices hereinbelow set opposite our signatures, do hereby
certify the following:
1. That on the date below set forth we officially signed and executed the
following notes, to wit:
Title of Notes: Mt. Diablo Unified School District
1995-96 Tax and Revenue Anticipation Notes
Principal Amount: $19,000,000
Date of Notes: October 24, 1995
Maturity of Notes: October 24, 1996
Interest Rate
of Notes: 4.50%
2. That the seal of the County is affixed to said Notes, and is impressed hereon
and is the legally adopted, proper and official seal of the County.
3. That the County has complied with all the terms contained in Resolution
No. 95-472 adopted by the Board of Supervisors of the County on October 10, 1995, providing
for the issuance and directing the sale of the Notes (the "Resolution"), to be complied with by
the County on or before this date, and the Resolution is in full force and effect; and
4. That no money has heretofore been borrowed by or on behalf of the Mt.
Diablo Unified School District in anticipation of the receipt of, or payable from or secured by,
taxes, income, revenue, cash receipts or other funds for or during Fiscal Year 1995-96.
SF2-50055.1
5. That said officers at the time of signing said Notes held said offices,
respectively, and that they now hold the same.
Dated: October 24, 1995..
Signature Name Official Title
Deputy Treasurer-
CLARISSA JAVIER Tax Collector
Deputy Clerk of the
JEANNE MAGLIO Board of Supervisors
[SEAL]
I HEREBY CERTIFY that the signatures of the officers above named are
genuine.
Dated: October 24, 1995.
Deputy Clerk
SM-50055.1 2
NO-LITIGATION CERTIFICATE
I, Victor J. Westman, County Counsel of the County of Contra Costa (the
"County"), California, hereby certify that to my knowledge no action, suit, proceeding, hearing
or investigation is pending or threatened against the County: (i) in any way affecting the
existence of the County or in any way challenging the respective powers of the several offices
or the titles of the officials of the County to such offices; or (ii) seeking to restrain or enjoin the
sale, issuance or delivery of any of the $19,000,000 principal amount of Mt. Diablo Unified
School District 1995-96 Tax and Revenue Anticipation Notes, dated October 24, 1995 (the
"Notes") authorized to be issued under Resolution No. 95-472 adopted by the Board of
Supervisors of the County on October 10, 1995 (the "Resolution"), or contesting the powers of
the County or its authority with respect to the Notes or the Resolution; or (iii) in which a final
adverse decision could (a) materially adversely affect the operations of the County or the
consummation of the transactions contemplated by the Resolution, or (b) adversely affect the
exemption of the interest paid on the Notes from federal income and California personal income
taxation; or (iv) contesting in any way the completeness or accuracy of the Official Statement,
dated October 11, 1995, relating to the Notes.
Dated: October 24, 1995
Victor J. Westman
County Counsel of the
County of Contra Costa
By
Deputy County Counsel
sF2-50055.1
No. R-1 $19,000,000
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
MT. DIABLO UNIFIED SCHOOL DISTRICT
1995-96 TAX AND REVENUE ANTICIPATION NOTE
Note Date: October 24, 1995 CUSIP: 621196 SZ8
FOR VALUE RECEIVED, the Mt. Diablo Unified School District (the
"District"), in the County of Contra Costa, State of California, acknowledges itself indebted
to and promises to pay to
CEDE & CO., as the Registered Owner hereof,
at the office of the Treasurer-Tax Collector of the County of Contra Costa (the "County") in
Martinez, California, the principal sum of
NINETEEN MILLION DOLLARS ($19,000,000)
in lawful money of the United States of America, on
October 24, 1996
together with interest thereon at the rate of
FOUR AND ONE-HALF PER CENT (4.50%)
per annum (computed on the basis of a 360-day year of twelve 30-day months) in like lawful
money from the date hereof until payment in full of said principal sum. Both the principal of
and interest on this Note shall be payable only upon surrender of this Note as the same shall
fall due at maturity; provided, however, that no interest shall be payable for any period after
maturity during which the holder hereof fails to properly present this Note for payment.
It is hereby certified, recited and declared that this Note is one of an authorized
issue of Notes entitled, "Mt. Diablo Unified School District 1995-96 Tax and Revenue
Anticipation Notes" (the "Notes"), in the aggregate principal amount of Nineteen Million
Dollars ($19,000,000) all of like date, tenor and effect, made, executed and given pursuant to
and by authority of a resolution (the "Resolution") of the Board of Supervisors of the County
of Contra Costa duly passed and adopted on October 10, 1995 (at the request of the District
pursuant to a resolution of the Board of Education of the District duly passed and adopted on
October 5, 1995) under and by authority of Article 7.6 (commencing with Section 53850) of
Chapter 4, Part 1, Division 2, Title 5 of the California Government Code, and that all acts,
conditions and things required to exist, happen and be performed precedent to and in the
issuance of this Note have existed, happened and been performed in regular and due time, form
and manner as required by law, and that this Note, together with all other indebtedness and
obligations of the District, does not exceed any limit prescribed by the Constitution or statutes
of the State of California.
The principal amount of the Notes, together with the interest thereon, shall be
payable from taxes, income, revenue, cash receipts and other moneys which are received by
the District for the General Fund of the District during or attributable to the Fiscal Year 1995-
96. As security for the payment of the principal of and interest on this Note and all Notes of
said authorized issue, the District has pledged certain taxes, income, revenue, cash receipts and
other moneys to be received by the District for the General Fund of the District during or
attributable to Fiscal Year 1995-96 (as provided in the Resolution), and the principal of and
the interest on this Note and all Notes of said authorized issue shall constitute a first lien and
charge thereon and shall be payable therefrom, and to the extent not so paid shall be paid from
any other money of the District lawfully available therefor.
This Note is transferable by the registered owner hereof in person or by such
owner's attorney duly authorized in writing at the office of the Treasurer-Tax Collector of the
County, but only in the manner, subject to the limitations and upon payment of the charges
provided in the Resolution, and upon surrender and cancellation of this Note. Upon such
transfer a new Note or Notes of authorized denominations and for the same aggregate principal
amount will be issued to the transferees in exchange herefor. The County may deem and treat
the registered owner hereof as the absolute owner hereof for the purpose of receiving payment
of or on account of principal hereof and interest due hereon and for all other purposes, and the
County shall not be affected by any notice to the contrary.
sF2-50047.1 2
IN WITNESS WHEREOF, the County of Contra Costa has caused this Note to
be executed by the manual signature of its deputy Treasurer-Tax Collector, and countersigned
by the manual signature of the deputy Clerk of the Board of Supervisors and County
Administrator and has caused its official seal to be impressed hereon this 24th day of October,
1995.
TREASURER-TAX COLLECTOR
COUNTY OF CONTRA COSTA
By
Deputy Treasurer-Tax Collector
(SEAL)
Countersigned:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By
Deputy Clerk of the Board of Supervisors
of the County of Contra Costa
SF2-50047.1 3
ASSIGNMENT
For value received the undersigned do(es) hereby sell, assign and transfer unto
(insert Social Security Number or taxpayer identification
number) the within-mentioned registered Note and hereby irrevocably constitute(s) and
appoint(s) attorney, to transfer the same on the books of the
Trustee with full power of substitution in the premises.
Dated:
Signature
NOTE: The signature to the assignment must
correspond to the name as written on the face of
this Note in every particular, without any
alteration or change whatsoever.
Signature Guaranteed By:
NOTE: The signature must be guaranteed
by an eligible guarantor institution.
DTC LEGEND
Unless the certificate is presented by an authorized representative of The
Depository Trust Company to the issuer or its agent for registration of transfer, exchange or
payment, and any certificate issued is registered in the name of Cede & Co. or such other
name as requested by an authorized representative of The Depository Trust Company and any
payment is made to Cede & Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF
FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL, since_the
registered owner hereof, Cede & Co., has an interest herein.
SP2-50047.1
RECEIPT FOR NOTES
The undersigned, as purchaser of the notes hereinafter described, does hereby
certify that on the date set forth below it did receive from the Treasurer-Tax Collector of the
County of Contra Costa (the "County") the following notes, to wit:
Title of Notes: Mt. Diablo Unified School District
1995-96 Tax and Revenue Anticipation Notes
Principal Amount: $19,000,000
Date of Notes: October 24, 1995
Maturity of Notes: October 24, 1996
Interest Rate
of Notes: 4.50%
Said Notes were issued as one fully registered note certificate, registered in the
name of Cede& Co., as nominee of The Depository Trust Company, and have been checked,
inspected and approved by the undersigned.
The undersigned further acknowledges receipt of such documents, certificates
and opinions required in connection with the issuance of the Notes and satisfaction of the
terms and conditions of the Official Notice of Sale, dated October 10, 1995, relating to said
Notes.
Dated: October 24, 1995.
BT SECURITIES CORPORATION
By
Authorized Agent
M-50 s5.I
RECEIPT FOR PURCHASE PRICE
The undersigned, Treasurer-Tax Collector of the County of Contra Costa,
California, does hereby certify that on the date set forth below he did receive from
BT SECURITIES CORPORATION
as Purchaser, the purchase price of the following notes, to wit:
Title of Notes: Mt. Diablo Unified School District
1995-96 Tax and Revenue Anticipation Notes
Principal Amount: $19,000,000
Date of Notes: October 24, 1995
Maturity of Notes: October 24, 1996
Interest Rate
of Notes: 4.50%
said purchase price being computed as follows, to wit:
Principal Amount . . . . . . . . . . . . . . . . . . . . . . . . . $19,000,000.00
Plus Premium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108,528.00
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . $19,108.528.00
Dated: October 24, 1995.
TREASURER-TAX COLLECTOR
OF THE COUNTY OF CONTRA COSTA
By
Deputy Treasurer-Tax Collector
sFz-5W55.1
October 24, 1995
Board of Education
Mt. Diablo Unified School District
Concord, California
Mt. Diablo Unified School District
1995-96 Tax and Revenue Anticipation Notes
(Final Opinion)
Ladies and Gentlemen:
We have acted as bond counsel in connection with the issuance by the County of Contra
Costa, California (the "County"), on behalf of the Mt. Diablo Unified School District (the "District"),
of $19,000,000 aggregate principal amount of temporary notes pursuant to and by authority of a
resolution of the Board of Supervisors of the County duly passed and adopted on October 10, 1995 (the
"Resolution"), which was adopted at the request of the District pursuant to a resolution.of the Board of
Education of the District duly passed and adopted on October 5, 1995, under and by authority of
Article'7.6, Chapter 4, Part 1, Division 2, Title 5 (commencing with Section 53850) of the California
Government Code, designated the "Mt. Diablo Unified School District 1995-96 Tax and Revenue
Anticipation Notes" (the "Notes").
In such connection, we have reviewed the Resolution, the Tax Certificate of the District
relating to the Notes dated the date hereof(the "Tax Certificate"), certifications of officers of the County
and the District, and others, as to certain factual matters, and such other documents, opinions and matters
to the extent we deemed necessary to render the opinions set forth herein.
Certain agreements, requirements and procedures contained or referred to in the
Resolution, the Tax Certificate and other relevant documents may be changed and certain actions may
be taken or omitted under the circumstances and subject to the terms and conditions set forth in such
documents. No opinion is expressed herein as to any Note or the interest thereon if any such change
occurs or action is taken or omitted upon the advice or approval of counsel other than ourselves.
The opinions expressed herein are based on an analysis of existing laws, regulations,
rulings and court decisions and cover certain matters not directly addressed by such authorities. Such
opinions may be affected by actions taken or omitted or events occurring after the date hereof. We have
not undertaken to determine, or to inform any person, whether any such actions are taken or omitted or
such events do occur, and we disclaim any obligation to update this opinion. We have assumed the
genuineness of all documents and signatures presented to us (whether as originals or as copies). We have
not undertaken to verify independently and have assumed the accuracy of the factual matters represented,
warranted or certified in the documents, and of the legal conclusions contained in the opinions, referred
Board of Education
Mt. Diablo Unified School District
October _, 1995
Page 2
to in the second paragraph hereof. Furthermore, we have assumed compliance with all agreements and
covenants contained in the Resolution and the Tax Certificate, including (without limitation) agreements
and covenants compliance with which is necessary to assure that future actions, omissions or events will
not cause interest on the Notes to be included in gross income for federal income tax purposes. In
addition, we call attention to the fact that the rights and obligations under the Notes, the Resolution and
the Tax Certificate may be subject to bankruptcy, insolvency, reorganization, arrangement, fraudulent
conveyance, moratorium and other laws relating to or affecting creditors' rights, to the application of
equitable principles, to the exercise of judicial discretion in appropriate cases and to the limitations on
legal remedies against school districts in the State of California. We express no opinion with respect to
any indemnification, contribution, choice of law, choice of forum or waiver provisions contained in the
foregoing documents. Finally, we undertake no responsibility for the accuracy, completeness or fairness
of the Official Statement or other offering material relating to the Notes and express no opinion with
respect thereto.
Based on and subject to the foregoing, and in reliance thereon, as of the date hereof, we
are of the following opinions:
1: The Notes constitute valid and binding obligations of the District. The principal
of and interest on the Notes are payable from Pledged Revenues (as that term is defined in the
Resolution), and to the extent not so paid, are payable from any other moneys of the District lawfully
available therefor.
2. Interest on the Notes is excluded from gross income for federal income tax
purposes under Section 103 of the Internal Revenue Code of 1986 and is exempt from State of California
personal income taxes. The amount treated as interest on the Notes and excluded from gross income will
depend upon the taxpayer's election under Internal Revenue Service Notice 94-84. Interest on the Notes
is not a specific preference item for purposes of the federal individual or corporate alternative minimum
taxes, although we observe that interest on the Notes is included in adjusted current earnings when
calculating federal corporate alternative minimum taxable income. We express no opinion regarding other
tax consequences related to the ownership or disposition of, or the accrual or receipt of interest on, the
Notes.
Faithfully yours,
ORRICK, HERRINGTON & SUTCLIFFE
CONTINUING DISCLOSURE CERTIFICATE
MT. DIABLO UNIFIED SCHOOL DISTRICT
1995-96 TAX AND REVENUE ANTICIPATION NOTES
This Continuing Disclosure Certificate (the "Disclosure Certificate") is executed and delivered
by the Mt. Diablo Unified School District(the "District")in connection with the issuance of$19,000,000
aggregate principal amount of its Mt. Diablo Unified School District 1995-96 Tax and Revenue
Anticipation Notes(the "Notes")pursuant to Resolution No. 95-472 authorizing the issuance of the Notes
adopted by the Board of Supervisors of the County of Contra Costa on October 10, 1995, at the request
of the Board of Education of the District by its Resolution No. 95/96-3 adopted on October 5, 1995
(collectively,the "Resolution"); and in connection therewith the District covenants and agrees as follows:
SECTION 1. Purpose of the Disclosure Certificate. The Disclosure Certificate is being executed
and delivered by the District for the benefit of the registered owners of the Notes and in order to assist
the underwriter of the Notes in complying with S.E.C. Rule 15c2-12(b)(5).
SECTION 2. Definitions. In addition to the definitions set forth above and in the Resolution,
which apply to any capitalized term used in the Disclosure Certificate unless otherwise defined in this
section, the following capitalized terms shall have the following meanings:
"Beneficial Owner" shall mean any person which has the power, directly or indirectly, to vote
or consent with respect to, or to dispose of ownership of, any Note or Notes, including persons holding
Notes through nominees or depositories.
"Holders" shall mean either the registered owners of the Notes, or, if the Notes are registered
in the name of The Depository Trust Company or another recognized depository, any Beneficial Owner
or applicable participant in its depository system.
"Listed Event" shall mean any of the events listed in Section 3(a) of the Disclosure Certificate.
"National Repository" shall mean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. As of the date of the Disclosure Certificate, the following are
National Repositories:
Bloomberg Municipal Repository
P.O. Box 840
Princeton, New Jersey 08542-0840
The Bond Buyer
Secondary Market Disclosure
395 Hudson Street, 3rd Floor
New York, New York 10014
Disclosure, Inc.
Document Augmentation/Municipal Securities
5161 River Road
Bethesda, Maryland 20816
srz4gnz.1
dJ Kenney Information Services
The Repository
65 Broadway, 16th Floor
New York, New York 10006
Moody's NRMSIR
Public Finance Information Center
99 Church Street
New York, New York 10007-2796
"Repository" shall mean each National Repository and each State Repository.
"Rule" shall mean Rule 15c2-12(b)(5)adopted by the Securities and Exchange Commission under
the Securities Exchange Act of 1934, as the same may be amended from time to time.
"State Repository" shall mean any public or private repository or entity designated by the State
of California as a state repository for the purpose of the Rule and recognized as such by the Securities
and Exchange Commission. As of the date of the Disclosure Certificate, there is no State Repository.
"Tax-exempt" shall mean that interest on the Notes is excluded from gross income for federal
income tax purposes, whether or not such interest is includable as an item of tax preference or otherwise
includable directly or indirectly for purposes of calculating any other tax liability, including any
alternative minimum tax or environmental tax.
"Underwriter"shall mean BT SECURITIES CORPORATION and any other original underwriters
of the Notes, if any, required to comply with the Rule in connection with the offering of the Notes.
SECTION 3. Reporting of Significant Events.
(a) Pursuant to the provisions of this section, the District shall give notice of the
occurrence of any of the following events with respect to the Notes, if material:
(i) principal and interest payment delinquencies;
(ii) non-payment related defaults;
(iii) unscheduled draws on debt service reserves reflecting financial
difficulties;
(iv) unscheduled draws on credit enhancements reflecting financial
difficulties;
(v) substitution of credit or liquidity providers, or their failure to
perform;
(vi) adverse tax opinions or events adversely affecting the tax-exempt
status of the Notes;
(vii) modifications to the rights of the Holders;
sF2-49=3 2
(viii) Note calls;
(ix) defeasances;
(x) release, substitution, or sale of property securing repayment of the
Notes;
(xi) rating changes.
(b) Whenever the District obtains knowledge of the occurrence of a Listed Event,the
District shall as soon as possible determine if knowledge of such event would be material.
(c) If the District determines that knowledge of the occurrence of a Listed Event
would be material, the District shall promptly file a notice of such occurrence with each Repository.
SECTION 4. Termination of Reporting Obli aQ tion. The District's obligations under the
Disclosure Certificate shall terminate upon the defeasance, prior redemption or payment in full of all of
the Notes.
SECTION 5. Additional Information. Nothing in the Disclosure Certificate shall be deemed to
prevent the District from disseminating any other information, using the means of dissemination set forth
in the Disclosure Certificate or any other means of communication, or including any other information
in any notice of occurrence of a Listed Event, in addition to that which is required by the Disclosure
Certificate. If the District chooses to include any information in any notice of occurrence of a Listed
Event in addition to that which is specifically required by the Disclosure Certificate, the District shall
have no obligation under the Disclosure Certificate to update such information or include it in any future
notice of occurrence of a Listed Event.
SECTION 6. Default. In the event of a failure of the District to comply with any provision of
the Disclosure Certificate, the Underwriter or any Holder may take such actions as may be necessary and
appropriate, including seeking mandate or specific performance by court order, to cause the District to
comply with its obligations under the Disclosure Certificate; provided, that the sole remedy under the
Disclosure Certificate in the event of any failure of the District to comply with the Disclosure Certificate
shall be an action to compel performance hereunder.
SECTION 7. Beneficiaries. The Disclosure Certificate shall inure solely to the benefit of the
District, the Underwriter and the Holders, and shall create no rights in any other person or entity.
Dated: October 24, 1995
MT. DIABLO UNIFIED SCHOOL DISTRICT
By
Superintendent
sF2.49M.1 3
s
TAX CERTIFICATE
e
Pursuant to Treasury Regulation Section 1.148-2(b)(2), the undersigned hereby
certifies that the following are his reasonable expectations with respect to the Mt. Diablo
Unified School District 1995-96 Tax and Revenue Anticipation Notes (the "Notes"):
1. The Notes are being issued in anticipation of taxes or other revenues
and will be spent to pay lawful expenses of the Mt. Diablo Unified School District (the
"District") payable from its General Fund, including but not limited to current expenses,
capital expenditures, and the discharge of existing obligations.
2. Physical delivery of$19,000,000 principal amount of the Notes to
BT Securities Corporation in exchange for the purchase price of$19,108,528.00, will occur
on October 24, 1995 (hereinafter referred to as the date of issue).
3. None of the Notes will be outstanding after October 24, 1996
(hereinafter referred to as the date of maturity).
4. The principal amount of the Notes will be nineteen million dollars
($19,000,000).
5. All of the proceeds of the Notes, together with earnings thereon, will
be deposited into the Mt. Diablo Unified School District, 1995-96 Tax and Revenue
Anticipation Note Proceeds Fund (the "Proceeds Fund"). Amounts in the Proceeds Fund
shall be withdrawn and expended by the District for any purpose for which the District is
authorized to expend funds from its General Fund, but only after exhausting funds otherwise
available for such purposes (which are not restricted funds) and only to the extent that on any
given day such other funds are not then available. For purposes of this section, otherwise
available amounts excludes amounts that are actually held or set aside in a reasonable
working capital reserve of at least $7,359,423, which is no greater than the lesser of (i) the
District's historically and customarily maintained emergency reserve (established in the
amount of$11,418,713 and which is part of the General Fund) and (ii) five per cent (5%) of
the District's working capital expenditures from its available funds in Fiscal Year 1994-95;
provided, that if on the date that is six (6) months from the date of issue of the Notes, all
amounts in the Proceeds Fund (including investment earnings thereon) shall not have been so
withdrawn and spent, the District shall promptly notify Orrick, Herrington & Sutcliffe
("Bond Counsel") and, to the extent of its power and authority, comply with the instructions
from Bond Counsel as to the means of satisfying the rebate requirements of Section 148 of
the Internal Revenue Code of 1986 (the "Code"). The working capital reserve shall be
funded with any revenues of the District's General Fund, but will not be funded with
proceeds of the Notes. The working capital reserve will be tracked and administered as a
separate account or subaccount within the General Fund. In no event will amounts held in
the working capital reserve exceed an amount that constitutes a reasonable cash reserve based
on the District's anticipated expenditures and revenues.
SF249362.1
On the basis of the facts, estimates and circumstances in existence on the date
of issue, it is not expected that the proceeds of the Notes will be used in a manner that would
cause the Notes to be arbitrage bonds.
6. The maximum cash flow deficit for the period for which the taxes or
other revenues are anticipated and during which the Notes will be outstanding is at least
$19,509,545, as shown in column (4) of the schedule attached hereto as Exhibit A. The
maximum cash flow deficit has been computed as follows:
(i) the amount that the District expects to use to pay expenditures which
would ordinarily be paid out of or financed by the taxes or other revenues that the Notes are
being issued in anticipation of, as shown in column (1) of the schedule attached hereto as
Exhibit A, for each period from the date of issue to the date of maturity,
(ii) minus the sum of the amounts (including tax receipts and other
revenues plus proceeds from investments and excluding the proceeds of the sale of the Notes)
which will be available for the payment of such expenditures, as shown in column (2) of the
schedule attached hereto as Exhibit A, for the same period considered in (i) above, from the
date of issue to the date of maturity,
(iii) plus the amount of the District's reasonable working capital reserve.
For purposes of (ii) above, amounts in.accounts have been considered available
for the payment of the District's expenditures under (i) above to the extent that such accounts
may, without legislative or judicial action, be invaded to pay such expenditures without a
legislative, judicial or contractual requirement that such amounts be reimbursed. The funds
and accounts maintained by or for the benefit of the District that are considered available for
payment of the District's expenditures are included in the District's General Fund. The
combined cash balance in all of those funds and accounts is shown as the number
corresponding to the July 1, 1995 Beginning Balance in the schedule attached hereto as .
Exhibit A.
7. For purposes of this Certificate and for purposes of complying with the
rebate requirements, if applicable, the yield on the Notes is, and shall be, calculated as set
forth in Treasury Regulation Section 1.148-4 and Section 148(h) of the Code. Thus,
generally, yield means that percentage rate which when used in computing the present value
of all payments of principal or "expected redemption price" of and interest on the obligations
produces an amount equal to the purchase price. The issue price of the Notes is
$19,109,630.00, which represents the price at which the Notes were initially offered to the
public as represented to the District by the purchaser of the Notes. With respect to the
Notes, the yield is the discount rate at which the present value of debt service payments on
the Notes is equal to the purchase price of the Notes, namely 3.863184%. For purposes
hereof, yield shall be calculated on a 360-day year basis with interest calculated annually.
8. No other governmental obligations are being issued at substantially the
same time and sold pursuant to a common plan of financing which will be paid out of (or
SF2-49362.1 2
have substantially the same claim to be paid out of) substantially the same source of funds as
the Notes.
9. The undersigned is an officer of the District responsible for issuing the
Notes and is acting for and on behalf of the District in executing this Certificate.
10. To the best of the knowledge and belief of the undersigned, there are
no other facts, estimates, or circumstances which would materially change the foregoing
statements, and the foregoing expectations are reasonable.
Dated: October 24, 1995.
MT. DIABLO UNIFIED SCHOOL DISTRICT
By
Richard W. Allen
Acting Associate Superintendent,
Administrative Services
SF249362.1 3
EXHIBIT A
MT. DIABLO UNIFIED SCHOOL DISTRICT
FISCAL YEAR 1995-96
SCHEDULE OF ANTICIPATED CUMULATIVE
CASH FLOW DEFICIT
(4)
(3) Cumulative
Accounting (1) (2) Cumulative Surplus
Period Estimated Estimated Surplus (or Deficit)
Endina Expenditures Receiats (or Deficit) At.End of Period
At End of Period Less
Working Capital
Reserve
July 1, 1995 Beginning Balance ,= $ 11,418,713
1995
July $ 11,593,703 $ 6,468,606 $ 6,293,616
August 9,661,203 6,882,706 3,515,119
September 11,571,565 5,634,908 (2,421,538)
October 12,020,367 10,336,689 (4,105,216)
November 14,196,269 6,151,363 (12,150,122)
December 12,957,334 36,557,312 11,449,856 ($19,509,545)
1996
January 11,929,945 7,803,814 7,323,725
February 12,048,497 8,629,135 3,904,363
March 13,314,975 6,348,870 (3,061,742)
April 12,143,655 32,671,274 17,465,877
May 13,612,241 5,827,087 9,680,723
June 14,115,446 14,685,962 10,251,239
SF249362.1 A-1
EXHIBIT B
MT. DIABLO UNIFIED SCHOOL DISTRICT
FISCAL YEAR 1995-96
SCHEDULE OF AVAILABLE FUNDS
(Balance as of July 1, 1995)
Name of Fund
1. General Fund $11.418,713
SF2-49362.1 B-1
EXHIBIT C
CERTIFICATE OF PURCHASER AS TO INITIAL
OFFERING PRICE AND OTHER MATTERS
BT Securities Corporation (the "Purchaser") has purchased at public sale
$19,000,000 principal amount of the Mt. Diablo Unified School District 1995-96 Tax and
Revenue Anticipation Notes (the "Notes") bearing interest at the rate of 4.50% per annum,
and hereby certifies and represents the following:
A. Tax Certificate.
We have read the attached Tax Certificate of the Mt. Diablo Unified School
District, and nothing has come to our attention that is inconsistent with the expectations
stated therein, and we confirm all statements in such certificate that are stated to be based
upon the representation and advice of the Purchaser.
B. Issue Price.
1. As of October 11, 1995 (the "Sale Date"), we had offered or
reasonably expected to offer all of the Notes to the general public (excluding bond houses,
brokers, or similar persons acting in the capacity of underwriters or wholesalers) in a bona
fide public offering at 100.577% of par.
2. The issue price of the Notes listed in paragraph 1 above does not
exceed the fair market price as of the Sale Date.
3. As of the date hereof, all of the Notes have actually been offered to the
general public at 100.577% of par and at least 10% of the Notes have been sold to the
general public at that price.
Dated: October 24, 1995.
BT SECURITIES CORPORATION
By
Authorized Officer
SM-49362.1 C-1