HomeMy WebLinkAboutMINUTES - 01252000 - C60 RESOLUTION NO.2000/31
Dated:January 25. 2000
RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA
COSTA, STATE OF CALIFORNIA, AUTHORIZING THE ISSUANCE AND SALE OF
BONDS OF THE ACALANES UNION HIGH SCHOOL DISTRICT, PRESCRIBING THE
TERMS OF SALE OF NOT TO EXCEED TWENTY-FOUR MILLION DOLLARS
($24,000,190.90) OF SAID BONDS, APPROVING FORMS OF AND AUTHORIZING
DISTRIBUTION OF OFFICIAL NOTICE OF SALE AND NOTICE OF INTENTION TO
SELL BONDS, DELEGATING TO THE COUNTY TREASURER AUTHORIZATION TO
AWARD BID FOR SAID BONDS, AND AUTHORIZING EXECUTION OF NECESSARY
CERTIFICATES.
WHEREAS, an election was duly called and regularly held in the Acalanes Union
High School District, County of Contra Costa, California (herein called the "District"), on
November 4, 1997, at which the following proposition was submitted to the electors of the
District:
"Shall the Acalanes Union High School District be authorized to
finance the rehabilitation, expansion, and improvementof its
schools, including but not limited to wiring and infrastructure for
technology, the modernization of school libraries, laboratories and
classrooms, and the creation of new classroom space needed for
increased enrollment, by incurring bonded indebtedness of up to
$48.0 million at interest rates not exceeding the legal maximum?";
and
WHEREAS, at least two-thirds of the votes cast on said proposition were in favor
of issuing said bonds; and
WHEREAS, $23,999,809.10 aggregate principal amount of said bonds,
designated "Acalanes Union High School District General Obligation Bonds, Election of 1997,
Series 1998"have heretofore been issued and sold; and
WHEREAS, the Board of Education of the District has requested this Board of
Supervisors of the County of Contra Costa(the"County)to authorize and consummate the sale
and issuance of a portion of said bonds in a single series designated the "Acalanes Union High
School District General Obligation Bonds, Election of 1997, Series 2000" in an aggregate
principal amount not exceeding $24,000,190.90, according to the terms and in the manner set
forth in a resolution duly adopted by the Board of Education of the District on January 18, 2000,
a certified copy of which has been filed with the Clerk of this Board of Supervisors; and
DOCSSF1:414799.2
WHEREAS, the Board of Education of the District has further deemed it
necessary and desirable that this Board of Supervisors authorize the sale of said bonds by a
competitive sale to the responsible bidder who makes the lowest interest cost bid; and
WHEREAS, this Board of Supervisors has determined that it is necessary and
desirable that bonds of said authorized issue be issued and sold for the purposes for which
authorized and on the terms and conditions and in the manner set forth in said resolution of the
Board of Education of the District; and
WHEREAS, there have been submitted and are on file with the Clerk of this
Board of Supervisors proposed forms of an Official Notice of Sale of Bonds and a Notice of
Intention to Sell Bonds,with respect to not to exceed$24,000,190.90 aggregate principal amount
of Acalanes Union High School District General Obligation Bonds, Election of 1997, Series
2000,proposed to be sold;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE COUNTY OF CONTRA COSTA AS FOLLOWS:
Section 1. Recitals: All of the above recitals are true and correct.
Section 2,. District Resolution Incgrgorated: The resolution of the Board of
Education of the District adopted on January 18, 2000, is incorporated herein by reference and
all of the provisions thereof are made a part hereof and shall be applicable to the bonds herein
provided for, except as herein otherwise expressly provided.
Ser,tion3,. Authorization and Deligation of Bonds: This Board of
Supervisors hereby authorizes, on behalf of the Acalanes Union High School District, the sale of
not to exceed $24,000,190.90 aggregate principal amount of bonds of the District by competitive
sale to the responsible bidder who makes the lowest interest cost bid, and designates said bonds
to be issued and sold as the "Acalanes Union High School District General Obligation Bonds,
Election of 1997, Series 2000" (the "Series 2000 Bonds" or the "Bonds"). The Series 2000
Bonds shall be issued as Current Interest Series 2000 Bonds and Capital Appreciation Series
2000 Bonds, as provided in Section 5 hereof.
The Series 2000 Bonds shall be issued and sold as provided herein, and any
necessary and desirable terms as are not finally determined herein shall be fixed upon the sale of
the Bonds by the Treasurer-Tax Collector of the County (the "County Treasurer") as recited in
the Certificate of Award described in Section 12(c)hereof(the"Certificate of Award").
Form of Bonds: Education: (a) Book- . The Depository
Trust Company, New York, New York, is hereby appointed depository for the Series 2000
Bonds. The Series 2000 Bonds shall be issued in book-entry form only, and shall be initially
registered in the name of"Cede & Co.," as nominee of The Depository Trust Company, and
registered ownership of the Series 2000 Bonds may not thereafter be transferred except as
provided in Section 9 hereof: One bond certificate shall be issued for each maturity of the
Current Interest Series 2000 Bonds, and one bond certificate shall be issued for each maturity of
the Capital Appreciation Series 2000 Bonds.
DOCSSF 1:414799.2 2
(b) Form of Cellificatcs. The Series 2000 Bonds shall be issued in fully
registered form without coupons. The Current Interest Series 2000 Bonds, the Capital
Appreciation Series 2000 Bonds, and the Paying Agent's certificate of authentication and
registration and the form of assignment to appear on each of them, shall be in substantially the
form attached hereto as Exhibit A and Exhibit B, respectively, with necessary or appropriate
variations, omissions and insertions as permitted or required by this Resolution; provided, that if
a portion of the text of any Series 2000 Bond is printed on the reverse of the Series 2000 Bond,
the following legend shall be printed on the face of such Series 2000 Bond: "THE PROVISIONS
OF THIS BOND ARE CONTINUED ON THE REVERSE HEREOF AND SUCH
CONTINUED PROVISIONS SHALL FOR ALL PURPOSES HAVE THE SAME EFFECT AS
THOUGH FULLY SET FORTH AT THIS PLACE."
(c) Execution of B. onds. The Series 2000 Bonds shall be signed by the
manual or facsimile signatures of the Chair of this Board of Supervisors and of the County
Treasurer, and countersigned by the manual or facsimile signature of the Clerk of this Board of
Supervisors or by a deputy of either of said Clerk or of the County Treasurer. The Series 2000
Bonds shall be authenticated by a manual signature of a duly authorized officer of the Paying
Agent(as defined in Section 8(a)hereof).
(d) Valid Authentic ti n. Only such of the Series 2000 Bonds as shall bear
thereon a certificate of authentication and registration as described in subsection (b), executed by
the Paying Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this
Resolution, and such certificate of the Paying Agent shall be conclusive evidence that the Series
2000 Bonds so authenticated have been duly authenticated and delivered hereunder and are
entitled to the benefits of this Resolution.
(e) Idet`f3drig Number. The Paying Agent shall assign each Series 2000
Bond authenticated and registered by it a distinctive letter, or number, or letter and number, and
shall maintain a record thereof at its principal corporate trust office, which record shall be
available to the District and the County for inspection.
Section 5. Terms of Bonds: (a) Date of Bonds. The Current Interest Series
2000 Bonds shall be dated February 1, 2000, or such other date as shall be specified in the
Certificate of Award.
The Capital Appreciation Series 2000 Bonds shall be dated the date of their
delivery, or such other date as shall be specified in the Certificate of Award.
(b) Deno inatians. The Current Interest Series 2000 Bonds shall be issued in
denominations of$5,000 principal amount or any integral multiple thereof.
The Capital Appreciation Series 2000 Bonds shall be issued in denominations of
$5,000 accreted value at maturity ("maturity value") or any integral multiple thereof, except that
the first numbered Capital Appreciation Series 2000 Bond may be issued in a denomination such
that the maturity value of such Capital Appreciation Series 2000 Bond shall not be an integral
multiple of$5,000.
voCssFI:414799.2 3
(c) MwaliX. The Current Interest Series 2000 Bonds shall mature on the
date, in each of the years, in the principal amounts and in the aggregate principal amount as shall
be specified in the Certificate of Award. No Current Interest Series 2000 Bond shall mature
prior to August 1, 2001, and no Current Interest Series 2000 Bond shall mature later than the
date which is 25 years from the date of the Bonds, to be determined as provided in subsection(a)
of this Section. No Current Interest Series 2000 Bond shall have principal maturing on more
than one principal maturity date. The Certificate of Award may provide that no Current Interest
Series 2000 Bonds shall be issued.
The Capital Appreciation Series 2000 Bonds shall mature on the date, in each of
the years, and in such maturity values as shall be specified in the Certificate of Award. No
Capital Appreciation Series 2000 Bond shall mature prior to August 1, 2001, and no Capital
Appreciation Series 2000 Bond shall mature later than the date which is 25 years from the date
of the Capital Appreciation Series 2000 Bonds, to be determined as provided in subsection (a) of
this Section. No Capital Appreciation Series 2000 Bond shall have principal maturing on more
than one principal maturity date. The Certificate of Award may provide that no Capital
Appreciation Series 2000 Bonds shall be issued.
(d) jos. As used in this Resolution and in the Bonds, the terms "interest
payment date," and "interest date" shall be interchangeable, and shall mean February 1 and
August 1 of each year, or such other dates as shall be specified in the Certificate of Award.
The Current Interest Series 2000 Bonds shall bear interest at an interest rate not to
exceed 12.00% per annum, first payable on February 1, 2001, and thereafter on February 1 and
August 1 in each year(or on such other initial and semiannual interest payment dates as shall be
specified in the Certificate of Award, computed on the basis of a 360-day year of twelve (12) 30-
day months. Each Current Interest Series 2000 Bond shall bear interest from the interest
payment date next preceding the date of authentication thereof, unless it is authenticated as of a
day during the period after the Record Date (as defined in Section 6(b) herein) immediately
preceding any interest payment date to and including such interest payment date, in which event
it shall bear interest from such interest payment date, or unless it is authenticated on or before the
Record Date preceding the first interest payment date, in which event it shall bear interest from
its date; provided, that if, at the time of authentication of any Current Interest Series 2000 Bond,
interest is in default on any outstanding Current Interest Series 2000 Bonds, such Current Interest
Series 2000 Bond shall bear interest from the interest payment date to which interest has
previously been paid or made available for payment on the outstanding Current Interest Series
2000 Bonds.
The Capital Appreciation Series 2000 Bonds shall not bear current interest; each
Capital Appreciation Series 2000 Bond shall accrete in value daily over the term to its maturity
(on the basis of a 360-day year consisting of twelve 30-day months), from its initial principal
(denominational) amount on the date of issuance thereof to its stated maturity value at maturity
thereof, on the basis of a constant interest rate compounded semiannually (with straight-line
interpolations between interest dates), commencing on August 1, 2000, and thereafter on
February 1 and August 1 in each year (or on such other initial and semiannual interest dates as
shall be specified in the Certificate of Award. The accreted value per $5,000 maturity value of
the Capital Appreciation Series 2000 Bonds on each interest date shall be given for reference in a
DOCSSFI:414799.2 4
table of accreted values to appear in the Capital Appreciation Series 2000 Bonds; provided, that
the accreted value determined in accordance with this Section shall prevail over any different
accreted value given in said table. Interest on the Capital Appreciation Series 2000 Bonds shall
be payable only upon maturity or prior redemption thereof.
,Section 6. Pa=en : (a) Principal. The principal of the Current Interest
Series 2000 Bonds and the accreted value of the Capital Appreciation Series 2000 Bonds shall be
payable in lawful money of the United States of America to the person whose name appears on
the bond registration books of the Paying Agent (as described in Section 8(c) hereof) as the
registered owner thereof (the "Owner'), upon the surrender thereof at the principal corporate
trust office of the Paying Agent.
(b) Interests Record Date. The interest on the Current Interest Series 2000
Bonds shall be payable in lawful money of the United States of America to the Owner thereof as
of the close of business on the 15`}' day of the month preceding an interest payment date (the
"Record Date"), whether or not such day is a business day, such interest to be paid by check or
draft mailed on such interest payment date (if a business day, or on the next business day if the
interest payment date does not fall on a business day) to such Owner at such Owner's address as
it appears on the bond registration books described in Section 8(c) or at such address as the
Owner may have filed with the Paying Agent for that purpose except that the payment shall be
made in immediately available funds (e.g.,by wire transfer) to any Owner of at least one million
dollars ($1,000,000) of outstanding Current Interest Series 2000 Bonds who shall have requested
in writing such method of payment of interest prior to the close of business on the Record Date
immediately preceding any interest payment date. So long as Cede & Co. or its registered assigns
shall be the Owner of the Series 2000 Bonds, payment shall be made in immediately available
funds as provided in Section 9(d)hereof.
(c) Interest and Sinking Fund: (a) Principal and interest due on the Series
2000 Bonds shall be paid from the interest and sinking fund of the District as provided in Section
15146 of the Education Code.
&ction 2. Redemption Provisions: (a) Qptional Redemption. The Series
2000 Bonds shall be subject to redemption at the option of the District on the dates and terms
provided herein, or on such other dates and terms as shall be specified in the Certificate of
Award. The Certificate of Award may provide that the Series 2000 Bonds shall not be subject to
optional redemption, and may provide separate and distinct redemption provisions for the
Current Interest Series 2000 Bonds and the Capital Appreciation Series 2000 Bonds.
Unless otherwise specified in the Certificate of Award, the Current Interest Series
2000 Bonds shall be subject to optional redemption as follows: Current Interest Series 2000
Bonds maturing on or before August 1, 2007, shall not be subject to redemption prior to their
respective stated maturity dates. The Current Interest Series 2000 Bonds maturing in each year
beginning August 1, 2008, shall be subject to redemption prior to their respective stated maturity
dates, at the option of the District, from any source of available funds, as a whole or in part on
any date on or after August 1, 2007. If less than all of the Current Interest Series 2000 Bonds are
called for redemption, such bonds shall be redeemed in inverse order of maturities or as
otherwise directed by the District, and if less than all of the Current Interest Series 2000 Bonds
DOCSSFI:414799.2 5
of any given maturity are called for redemption, the portions of such bonds of a given maturity to
be redeemed shall be determined by lot.
Unless otherwise specified in the Certificate of Award, the Current Interest Series
2000 Bonds redeemed at the option of the District shall be redeemed at the following prices
(expressed as a percentage of the principal amount of the Current Interest Series 2000 Bonds
called for redemption), together with interest accrued thereon to the date of redemption:
Optional
Reedemntion 12ale Redemption Price
August 1, 2007 through July 31,2008 101%
August 1,2008 and thereafter 100%
Unless otherwise specified in the Certificate of Award, the Capital Appreciation
Series 2000 Bonds shall be subject to optional redemption as follows: Capital Appreciation
Series 2000 Bonds maturing on or before August 1, 2008, shall not be subject to redemption
prior to their respective stated maturity dates. The Capital Appreciation Series 2000 Bonds
maturing in each year beginning August 1, 2009, shall be subject to redemption prior to their
respective stated maturity dates, at the option of the District, from any source of available funds,
as a whole or in part on any date on or after August 1, 2008. If less than all of the Capital
Appreciation Series 2000 Bonds are called for redemption, such bonds shall be redeemed in
inverse order of maturities or as otherwise directed by the District, and if less than all of the
Capital Appreciation Series 2000 Bonds of any given maturity are called for redemption, the
portions of such bonds of a given maturity to be redeemed shall be determined by lot.
Unless otherwise specified in the Certificate of Award, the Capital Appreciation
Series 2000 Bonds redeemed at the option of the District shall be redeemed at the following
prices (expressed as a percentage of the accreted value of the Capital Appreciation Series 2000
Bonds called for redemption on the date of redemption):
Optional
Red=12tion Date Redemption Price
August 1,2008 and thereafter 102%
(b) Mandatory Sinking Fund Redemption. The Current Interest Series 2000
Bonds, if any, which are designated (at the option of the purchaser thereof) in the Certificate of
Award as Current Interest Series 2000 Term Bonds shall also be subject to redemption prior to
their stated maturity dates, without a redemption premium, in part by lot, from mandatory
sinking fund payments in the amounts and in accordance with the terms to be specified in the
Certificate of Award. The principal amount of each mandatory sinking fund payment of any
maturity shall be reduced proportionately by the amount of any Current Interest Series 2000
Bonds of that maturity optionally redeemed prior to the mandatory sinking fund payment date.
DOCSSF1:414799.2 6
The Certificate of Award may provide that the Current Interest Series 2000 Bonds shall not be
subject to mandatory sinking fund redemption.
The Capital Appreciation Series 2000 Bonds, if any, which are designated (at the
option of the purchaser thereof) in the Certificate of Award as Capital Appreciation Series 2000
Term Bonds shall also be subject to redemption prior to their stated maturity dates, without a
redemption premium, in part by lot, from mandatory sinking fund payments in the amounts and
in accordance with the terms to be specified in the Certificate of Award. The principal amount
of each mandatory sinking fund payment of any maturity shall be reduced proportionately by the
amount of any Capital Appreciation Series 2000 Bonds of that maturity optionally redeemed
prior to the mandatory sinking fund payment date. The Certificate of Award may provide that
the Capital Appreciation Series 2000 Bonds shall not be subject to mandatory redemption.
The Auditor-Controller of the County is hereby authorized to create such sinking
funds or accounts for the Series 2000 Bonds as shall be necessary to accomplish the purposes of
this section.
(c) Notice Qf Redern io . Notice of optional, unscheduled or contingent
bond call redemption of any Series 2000 Bonds shall be given by the Paying Agent upon the
written request of the District. Notice of any redemption of Series 2000 Bonds shall be mailed
postage prepaid, not less than thirty (30) nor more than sixty (60) days prior to the redemption
date (i)by first class mail to the respective Owners thereof at the addresses appearing on the
bond registration books described in Section 8(c), (ii)by secured mail to all organizations
registered with the Securities and Exchange Commission as securities depositories, (iii)to at
least two information services of national recognition which disseminate redemption information
with respect to municipal securities, and (iv) as may be further required in accordance with the
Continuing Disclosure Certificate of the District described in Section 15.
Each notice of redemption shall contain all of the following information:
(i) the date of such notice;
(ii) the name of the Bonds and the date of issue of the Bonds;
(iii) the redemption date;
(iv) the redemption price;
(v) the dates of maturity of the Bonds to be redeemed;
(vi) (if less than all of the Bonds of any maturity are to be redeemed) the
distinctive numbers of the Bonds of each maturity to be redeemed;
(vii) (in the case of Bonds redeemed in part only) the respective portions of the
principal amount of the Bonds of each maturity to be redeemed;
(viii) the CUSIP number, if any, of each maturity of Bonds to be redeemed;
riocssrt:414799.2 7
(ix) a statement that such Bonds must be surrendered by the Owners at the
principal corporate trust office of the Paying Agent, or at such other place
or places designated by the Paying Agent; and
(x) notice that further interest on such Bonds will not accrue after the
designated redemption date.
(d) Effect of Notice. A certificate of the Paying Agent or the District that
notice of call and redemption has been given to Owners and to the appropriate securities
depositories and information services as herein provided shall be conclusive as against all
parties. The actual receipt by the Owner of any Series 2000 Bond or by any securities depository
or information service of notice of redemption shall not be a condition precedent to redemption,
and failure to receive such notice, or any defect in the notice given, shall not affect the validity of
the proceedings for the redemption of such Bonds or the cessation of interest on the date fixed
for redemption.
When notice of redemption has been given substantially as provided for herein,
and when the redemption price of the Bonds called for redemption is set aside for the purpose as
described in subsection(e) of this Section, the Bonds designated for redemption shall become
due and payable on the specified redemption date and interest shall cease to accrue thereon as of
the redemption date, and upon presentation and surrender of such Bonds at the place specified in
the notice of redemption, such Bonds shall be redeemed and paid at the redemption price thereof
out of the money provided therefor. The Owners of such Bonds so called for redemption after
such redemption date shall look for the payment of such Bonds and the redemption premium
thereon, if any, only to the interest and sinking fund or the escrow fund established for such
purpose. All Bonds redeemed shall be cancelled forthwith by the Paying Agent and shall not be
reissued.
(e) Rcdc tion Fund. Prior to or on the redemption date of any Bonds there
shall be available in the interest and sinking fund of the District, or held in trust for such purpose
as provided by law, monies for the purpose and sufficient to redeem, at the premiums payable as
in this resolution provided, the Bonds designated in said notice of redemption. Such monies so
set aside in any such escrow fund shall be applied on or after the redemption date solely for
payment of principal of and premium, if any,on the Bonds to be redeemed upon presentation and
surrender of such Bonds, provided that all monies in the interest and sinking fund of the District
shall be used for the purposes established and permitted by law. Any interest due on or prior to
the redemption date shall be paid from the interest and sinking fund of the District, unless
otherwise provided for to be paid from such escrow. If, after all of the Bonds have been
redeemed and cancelled or paid and cancelled, there are monies remaining in the interest and
sinking fund of the District or otherwise held in trust for the payment of redemption price of the
Bonds, said monies shall be held in or returned or transferred to the interest and sinking fund of
the District for payment of any outstanding bonds of the District payable from said fund;
provided, however, that if said monies are part of the proceeds of bonds of the District, said
monies shall be transferred to the fiord created for the payment of principal of and interest on
such bonds. If no such bonds of the District are at such time outstanding, said monies shall be
transferred to the general fund of the District as provided and permitted by law.
DocssFi:414799.2 8
(f} Dr,& lance of Bonds. If at any time the District shall pay or cause to be
paid or there shall otherwise be paid to the Owners of any or all outstanding Bonds all of the
principal,interest and premium,if any,represented by such Bonds at the times and in the manner
provided herein and in the Bonds, or as provided in the following paragraph, or as otherwise
provided by law consistent herewith,then such Owners shall cease to be entitled to the obligation
of the District as provided in Section 11 hereof, and such obligation and all agreements and
covenants of the District and of the County to such Owners hereunder and under the Bonds shall
thereupon be satisfied and discharged and shall terminate, except only that the District shall
remain liable for payment of all principal, interest and premium, if any, represented by the
Bonds, but only out of monies on deposit in the interest and sinking fund or otherwise held in
trust for such payment, and provided farther, however, that the provisions of subsection (g)
hereof shall apply in all events.
For purposes of this section, the District may pay and discharge any or all of the
Bonds by depositing in trust with the Paying Agent or an escrow agent at or before maturity,
money or non-callable direct obligations of the United States of America or other non-callable
obligations the payment of the principal of and interest on which is guaranteed by a pledge of the
full faith and credit of the United States of America, in an amount which will, together with the
interest to accrue thereon and available monies then on deposit in the interest and sinking fund of
the District, be fully sufficient to pay and discharge the indebtedness on such Bonds (including
all principal, interest and redemption premiums) at or before their respective maturity dates.
(g) 7L nclaimed MQnie. Any money held in any fluid created pursuant to this
Resolution, or by the Paying Agent in trust, for the payment of the principal of, redemption
premium, if any, or interest on the Bonds and remaining unclaimed for two years after the
principal of all of the Bonds has become due and payable (whether by maturity or upon prior
redemption) shall be transferred to the interest and sinking fund of the District for payment of
any outstanding bonds of the District payable from said fund; or, if no such bonds of the District
are at such time outstanding, said monies shall be transferred to the general fund of the District
as provided and permitted by law.
S=tion 8. Baying A&ent: (a) Appointmeat. U.S. Bank Trust National
Association, in Los Angeles, California, is hereby appointed the initial Paying Agent for the
Series 2000 Bonds (the"Paying Agent").
(b) Prrt,�n ,,ipal C orate Tns1 OMe . Unless otherwise specifically noted, any
reference herein to the "principal corporate trust office" of the Paying Agent for purposes of
transfer, registration, exchange, payment, and surrender of the Series 2000 Bonds shall mean in
care of the corporate trust office of U.S. Bank.Trust National Association, in St. Paul,Minnesota,
and for all other purposes shall mean the corporate trust office of the Paying Agent in Los
Angeles, California; =vid, (, however, that in any case "principal corporate trust office" shall
mean any other office of the Paying Agent designated for a particular purpose, and shall include
the principal corporate trust office or other designated office of any successor paying agent.
(c) Re;strat}onEook . The Paying Agent will keep or cause to be kept at its
principal corporate trust office sufficient books for the registration and transfer of the Series
2000 Bonds,which shall at all times be open to inspection by the District, and,upon presentation
Docssr7:414799.2 9
for such purpose, the Paying Agent shall, under such reasonable regulations as it may prescribe,
register or transfer or cause to be registered or transferred on said boobs, Series 2000 Bonds as
provided in Section 9 hereof.
(d) Pa=ent of Fees and. Expenses. The fees and expenses of the Paying
Agent not paid from the proceeds of sale of the Bonds shall be paid in each year from the interest
and sinking fund of the District, insofar as permitted by law, including specifically by
Section 15232 of the Education Code of the State of California.
,Sec'ign 9. 3:=sfer 11ader BookowEntry�S, stern,,.,..Discontinuation cif Eooka,
FEnJ13� SyS:tem. (a) The Series 2000 Bonds shall be initially issued and registered as provided in
Section 4. Registered ownership of such Series 2000 Bonds, or any portion thereof, may not
thereafter be transferred except:
(i) To any successor of Cede & Co., as nominee of The Repository Trost
Company, or its nominee, or to any substitute depository designated pursuant to
clause(ii) of this section(a"substitute depository);provided,that any successor of Cede
& Co., as nominee of The Depository Trust Company or substitute depository, shall be
qualified under any applicable laws to provide the services proposed to be provided by it,
(ii) To any substitute depository not objected to by the District or the County,
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 County (upon consultation with the District) to substitute another
depository for The Depository Trust Company (or its successor) because The Depository
Trust Company or its successor(or any substitute depository or its successor)is no longer
able to carry out its functions as depository, =vide , 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 substitute depository or its successor)
from its functions as depository, or(2)a determination by the County (upon consultation
with the District) to remove The Depository Trust Company or its successor (or any
substitute depository or its successor)from its functions as depository.
(b) In the case of any transfer pursuant to clause(i) or clause(ii) of
subsection(a) of this section, upon receipt of the outstanding Series 2000 Bonds by the Paying
Agent, together with a written request of the District or County to the Paying Agent, a new
Series 2000 Bond for each maturity shall be executed and delivered (in the case of Current
Interest Series 2000 Bonds, in the aggregate principal amount of the Current Interest Series 2000
Bonds then outstanding, and in the case of Capital Appreciation Series 2000 Bonds, in the
aggregate maturity value of the Capital Appreciation Series 2000 Bonds then outstanding),
registered in the name of such successor or such substitute depository, or their nominees, as the
case may be, all as specified in such written request of the District or County. In the case of any
transfer pursuant to clause(iii) of subsection(a) of this section, upon receipt of the outstanding
Series 2000 Bonds by the Paying Agent together with a written request of the District or County
,00cssrl:414799.2 10
to the Paying Agent, new Series 2000 Bonds shall be executed and delivered in such
denominations, numbered in the manner determined by the Paying Agent, and registered in the
names of such persons, as are requested in such written request of the District or County, subject
to the limitations of Section 5 and the receipt of such a written request of the District or County,
and thereafter, the Series 2000 Bonds shall be transferred pursuant to the provisions set forth in
Section 10 of this resolution, provided, that the Paying Agent shall not be required to deliver
such new Series 2000 Bonds within a period of less than sixty (60) days after the receipt of any
such written request of the District or County.
(c) The County,the District and the Paying Agent shall be entitled to treat the
person in whose name any Series 2000 Bond is registered as the owner thereof, notwithstanding
any notice to the contrary received by the County, the District or the Paying Agent; and the
County, the District and the Paying Agent shall have no responsibility for transmitting payments
to, communicating with, notifying, or otherwise dealing with any beneficial owners of the Series
2000 Bonds, and neither the County, the District or the Paying Agent shall have any
responsibility or obligation, legal or otherwise, to the beneficial owners or to any other party,
including The Depository Trust Company or its successor (or substitute depository or its
successor), except for the Owner of any Series 2000 Bonds.
(d) So long as the outstanding Series 2000 Bonds are registered in the name of
Cede & Co. or its registered assigns, the District, the County and the Paying Agent shall
cooperate with Cede & Co., as sole Owner, or its registered assigns in effecting payment of the
principal of and interest on the Series 2000 Bonds by arranging for payment in such manner that
funds for such payments are properly identified and are made immediately available (e.g., by
wire transfer)on the date they are due.
SZQtjon,1Q. J,=sfer =d Exchange. (a) T=s . Following the termination
or removal of the depository pursuant to Section 9 hereof, any Series 2000 Bond may, in
accordance with its terms, be transferred, upon the books required to be kept pursuant to the
provisions of Section 8(c) hereof, by the towner thereof, in person or by the duly authorized
attorney of such Owner, upon surrender of such Series 2000 Bond to the Paying Agent for
cancellation,accompanied by delivery of a duly executed written instrument of transfer in a form
approved by the Paying Agent.
Whenever any Series 2000 Bond or Bonds shall be surrendered for transfer, the
designated County officials shall execute and the Paying Agent shall authenticate and deliver, as
provided in Section 4, a new Series 2000 Bond or Bonds of the same series, maturity, interest
payment mode and interest rate (in the case of Current Interest Series 2000 Bonds, for a like
aggregate principal amount, and in the case of Capital Appreciation Series 2000 Bonds, for a like
aggregate maturity value). The Paying Agent may require the payment by any towner of Series
2000 Bonds requesting any such transfer of any talc or other governmental charge required to be
paid with respect to such transfer.
No transfer of any Series 2000 Bond shall be required to be made by the Paying
Agent during the period from (1)the close of business on the applicable Record Date to and
including the succeeding interest date, or (2) the close of business on the date on which notice is
DOCssF1:414794.2 11
given that such Series 2000 Bond has been selected for redemption in whole or in part, to and
including the designated redemption date.
(b) Exchang . The Series 2000 Bonds may be exchanged for Series 2000
Bonds of other authorized denominations of the same maturity and interest payment mode, by
the Owner thereof, in person or by the duly authorized attorney of such Owner, upon surrender
of such Series 2000 Bond to the Paying Agent for cancellation, accompanied by delivery of a
duly executed request for exchange in a form approved by the Paying Agent.
Whenever any Series 2000 Bond or Bonds shall be surrendered for exchange, the
designated County officials shall execute and the Paying Agent shall authenticate and deliver, as
provided in Section 4, a new Series 2000 Bond or Bonds of the same maturity and interest
payment mode and interest rate (in the case of Current Interest Series 2000 Bonds, for a like
aggregate principal amount, and in the case of Capital Appreciation Series 2000 Bonds, for a like
aggregate maturity value). The Paying Agent may require the payment by the Owner requesting
such exchange of any tax or other governmental charge required to be paid with respect to such
exchange.
No exchange of any Series 2000 Bonds shall be required to be made by the
Paying Agent during the period from (1)the close of business on the applicable Record Date to
and including the succeeding interest date, or (2)the close of business on the date on which
notice is given that such Series 2000 Bond has been selected for redemption in whole or in part,
to and including the designated redemption date.
,Section.1 1. Obligation of District: The Series 2000 Bonds represent the
statutory obligation of the District. The money for the payment of principal, redemption
premium, if any, and interest with respect to the Series 2000 Bonds shall be raised by taxation
upon all taxable property in the District and provision shall be made for the levy and collection
of such taxes in the manner provided by law and for such payment out of the interest and sinking
fund of the District, and the Board of Supervisors of the County hereby covenants to levy ad
valorem taxes for the payment of the Series 2000 Bonds on all property in the District subject to
taxation by the District without limitation as to rate or amount (except certain personal property
which is taxable at limited rates).
,bion,12• Sale of Bonds: (a) Official Notice of Sale; Date of Sale. The
Official Notice of Sale inviting bids for the Series 2000 Bonds, in substantially the form on file
with the Clerk of this Board of Supervisors, is hereby approved, and the County Treasurer is
hereby authorized and directed to cause the Official Notice of Sale to be completed, upon
consultation with the Superintendent of the District and Kelling, Northcross & Nobriga,
Oakland, California, financial advisor to the District with respect to the Series 2000 Bonds
(herein called the"Financial Advisor"),by inserting therein the maturity schedules for the Series
2000 Bonds, and making such other corrections, revisions or additions as shall be deemed
necessary. The Financial Advisor is hereby authorized and directed to cause to be mailed to
prospective bidders for the Bonds copies of said Official Notice of Sale in the form finally
approved.
UOCSSFI:414999.2 12
Bids for the Series 2000 Bonds shall be received on behalf of this Board of
Supervisors on February 8, 2000 (or on such other date as shall be determined by the County
Treasurer, so long as such date is not later than March 31, 2000), at the hour and place
designated in said Official Notice of Sale.
(b) A v r isernot for Bids. The Notice of Intention to Sell Bonds, in
substantially the form on file with the Clerk of this Board of Supervisors, is hereby approved,
and the Clerk of this Board of Supervisors is hereby authorized and directed to cause the Notice
of Intention to Sell Bonds, subject to such corrections, revisions or additions thereto as shall be
deemed necessary upon consultation with the Superintendent of the District and the Financial
Advisor, to be published once at least fifteen (15) days before the date of sale in a financial
publication generally circulated throughout the State of California or which the Financial
Advisor advises is expected to be disseminated among prospective bidders for the Bonds, and to
publish said notice beginning on a date no later than the date fourteen(14) days prior to the date
of sale, once a week, on the same day of each week, for at least two weeks in a newspaper of
general circulation published in the County, and each such publication is hereby expressly
ratified and approved.
(c) Award of Bends; Certificate, of_AwThe County Treasurer or his
designee, as delegate of this Board of Supervisors, is hereby authorized to entertain bids for the
Current Interest Series 2000 Bonds and the Capital Appreciation Series 2000 Bonds, and to
accept the lowest true interest cost bid,provided that(i)such true interest cost shall be no greater
than 8.00%, calculated as specified in the Official Notice of Sale, (ii)the maximum interest rate
on the Current Interest Series 2000 Bonds shall not be in excess of 12.00% per annum; (iii)the
Capital Appreciation Series 2000 Bonds shall accrete in value to their maturity values at a
compounded interest rate not in excess of 12.00%per annum; and(iv)the price to be paid for the
Current Interest Series 2000 Bonds shall not be less than the par value thereof, plus accrued
interest, if any,to the 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 is hereby authorized to award the sale of the Bonds by
executing a Certificate of Award, in substantially the form attached hereto as Exhibit B, naming
the successful bidder and determining all remaining terms of Series 2000 Bonds, and such
execution shall constitute conclusive evidence of the approval of the County Treasurer and of
this Board of Supervisors of the terms of the Series 2000 Bonds and the sale thereof, including
any change therein from the terms specified in the Official Notice of Sale; provided that the
terms of the Series 2000 Bonds and the sale thereof shall conform in all respects with the
limitations contained in this Resolution.
The Certificate of Award shall recite the aggregate principal amount of the Series
2000 Bonds, and with respect to the Current Interest Series 2000 Bonds, shall recite the date
thereof, the maturity dates, principal amounts and annual rates of interest of each maturity
thereof, the initial and semiannual interest payment dates thereof, and the terms of optional and
mandatory sinking fund redemption thereof; and with respect to the Capital Appreciation Series
2000 Bonds, shall recite the date thereof, the initial principal amounts, maturity dates, and
maturity values of each maturity thereof, the initial and semiannual interest dates thereof, and the
terms of optional and mandatory sinking fund redemption thereof.
DOCSSF1:414799.2 13
(d) Smote Bis and Awards. If the Superintendent of the District and the
Financial Advisor to the District determine that it shall be in the best interests of the District, the
County Treasurer (or his designee) is hereby authorized and directed to entertain separate bids
for the Current Interest Series 2000 Bonds and the Capital Appreciation Series 2000 Bonds, and
to separately award the sale of the Series 2000 Bonds to the maker of the best responsive bid for
the Current Interest Series 2400 Bonds and the Capital Appreciation Series 2000 Bonds,
respectively, upon the terns and subject to the requirements described in subsection(c) of this
Section as shall be appropriate in each case. If no bid for either the Current Interest Series 2400
Bonds or the Capital Appreciation Series 2000 Bonds is acceptable, the County Treasurer is
requested to reject all bids for the Series 2000 Bonds of either or both lots and to re-bid such
Series 2000 Bonds or, if necessary, sell such Series 2000 Bonds by negotiated sale as permitted
by law.
In the event it is determined that separate bids will be requested, and if the
Financial Advisor deems it to be advisable, the Board of Supervisors hereby authorizes the
preparation of a separate Official Notice of Sale for each lot of the Series 2400 Bonds offered.
(e) Consent to Financial Adyisor IQ,Bid for,Bonds. The District, by its
resolution referred to in Section 2 hereof, has expressly authorized Zions First National Bank,
parent company of Kelling,Northcross &Nobriga, Financial Advisor to the District with respect
to the Series 2000 Bonds, to bid for the Series 2000 Bonds, and to acquire such Series 2000
Bonds as principal either alone or as a participant in a syndicate or other similar account formed
for the purpose of purchasing the Series 2000 Bonds,directly or indirectly from the County.
Section 13. t.�',C?osit and Investment of Proceeds: (a) The proceeds of sale of
the Series 2000 Bonds, exclusive of any premium and accrued interest received, shall be
deposited in the County treasury to the credit of the building fund of the District. Any premium
and accrued interest shall be deposited upon receipt in the interest and sinking fund of the
District within the County treasury.
(b) All funds held by the County Treasurer hereunder shall be invested at the
County Treasurer's discretion pursuant to law and the investment policy of the County, unless
otherwise directed in writing by the District.
(i) At the written direction of the District, all or any portion of the building
fund of the District may be invested in the Local Agency Investment Fund in the treasury
of the State of California.
(ii) At the written direction of the District, all or any portion of the building
fund of the District may be invested on behalf of the District in investment agreements,
including guaranteed investment contracts, which comply with the requirements of each
rating agency then rating the Series 2000 Bonds necessary in order to maintain the then-
current rating on the Series 2000 Bonds.
Section 14. Tax CgvCnant: The County acknowledges and relies upon the fact
that the District has represented and covenanted 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
oorssFI:414799.2 14
gross income of the interest payable on the Series 2000 Bonds under Section 103 of the internal
Revenue Code of.1986, as amended (the "Code'), and that it will comply with the requirements
of the Tax Certificate of the District with respect to the Series 2000 Bonds, to be entered into by
the. District as of the date of issuance of the Series 2000 Bonds, and further that such
representation and covenant shall survive payment in full or defeasance of the Series 2000
Bonds.
Section 15. Cgntinuing Disclosure Cm:5 flr= : The County acknowledges and
relies upon the fact that the District has represented and covenanted that it shall execute a
Continuing Disclosure Certificate containing such covenants of the District as shall be necessary
to comply with the requirements of Securities and Exchange Commission Rule 15c2-12, and that
it will comply with and carry out all of the provisions of such Continuing Disclosure Certificate.
,Sectign 16. Limited RCaggrisibilily for Official Statement: Neither the Board of
Supervisors nor any officer of the County has prepared or reviewed the official statement of the
District describing the Series 2000 Bonds (the "Official Statement"), and this Board of
Supervisors and the various officers of the County take no responsibility for the contents or
distribution thereof; provided, however, that solely with respect to a section contained or to be
contained therein describing the County's investment policy, current portfolio holdings, and
valuation procedures, as they may relate to funds of the District held by the County Treasurer,
the County Treasurer is hereby authorized and directed to prepare and review such information
for inclusion in the District's Official Statement and in a preliminary Official Statement, and to
certify to the District prior to or upon the issuance of the Series 2000 Bonds that the information
contained in such section 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 are made, not misleading.
y„ectiQn 12. d1212r val cf_Actions: The Chair of this Board of Supervisors, the
Clerk of this Board of Supervisors, the County Auditor/Controller, the County Counsel, and the
County Treasurer and the deputies and designees of any of them, are hereby authorized and
directed to execute and deliver any and all certificates and representations, as may be acceptable
to County Counsel, including signature certificates, no-litigation certificates, and other
certificates proposed to be distributed in connection with the sale of the Series 2000 Bonds,
necessary and desirable to accomplish the transactions authorized herein.
DWSSFI:4I4799.2 15
S=lion-.L8. Effztiye Date: This resolution shall take effect from and after its
adoption.
PASSED AND ADOPTED this day,January 25, 2000,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, DE SAULNIER, CANCIAMILLA AND GERBER
NOES: None
ABSENT: None
ABSTAIN:None
I hereby certify that this is a true and correct
copy of an action taken and entered on the
minutes of the Board of Supervisors on the
slate shown.
ATTESTED: January 25, 2000
FH—IL BATCHEL It, Clerk
of the Board of Supervisors
an County Adminstrator
By: j Deputy
LOCSSF1:414799.2 16
CLERK'S CEKIFICATE
I, Clerk of the Board of Supervisors (the "Board") of the County of Centra Costa,
do hereby certify that the attached 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 January 25, 2000, and duly entered in the minutes of said meeting, of
which meeting all the members of the Board had due notice and at which a quorum thereof was
present. Said resolution was adopted by the following vote:
AYES: Supervisors Gioia, Uilkema, DeSaulnier, Ganciamilla and. Gerber
NOES: None
ABSTAIN: None
ABSENT: None
An agenda of said meeting was posted at least 72 hours before said meeting at
651 Pine Street,Martinez, California, a location freely accessible to members of the public, and a
brief description of said resolution appeared on said agenda. A copy of said agenda is attached
hereto.
I further certify that I have carefully compared the attached copy with the original
minutes of said meeting on file and of record in my office. 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 25th day of Januar_ ,2000.
(-.]A*A
0
Clerk of the Board of Supervisors
County of Contra Costa
DocssFI:414799.2
EXHIBIT A
[Form of Current Interest Series 2000 Bond]
Number UNITED STATES OF AMERICA Amount
R-_ STATE OF CALIFORNIA $
COUNTY OF CONTRA COSTA
ACALANES UNION HIGH SCHOOL DISTRICT
GENERAL OBLIGATION BONDS,ELECTION OF 1997,SERIES 2000
CURRENT WTEREST BOND
Maturity Date Interest Rate Dated as of CUSIP NO.
August 1, % February 1,2000
Registered Owner: CEDE&CO.
Principal Sum: DOLLARS
Acalanes Union High School District, County of Contra Costa, State of California (herein called
the "District"), acknowledges itself indebted to and promises to pay to the registered owner identified above or
registered assigns, on the maturity date set forth above, the principal sum specified above in lawful money of the
,.United States of America, and to pay interest thereon in like lawful money from the interest payment date next
preceding the date of authentication of this bond (unless this bond is authenticated as of a date during the period
from the Record Date (as defined herein)next preceding any interest payment date to such interest payment date,
inclusive, in which event it shall bear interest from such interest payment date, or unless this bond is authenticated
on or before[me&st R=rd Datc],in which event it shall bear interest from the date hereof)at the interest rate per
annum.stated above,payable commencing on February 1, 2001, and thereafter on February I and August I in each
year, until payment of said principal sum.. The principal hereof is payable to the registered owner hereof upon the
surrender hereof at the principal corporate trust office (as defined in the Resolution) of U.S. Bank Trust National
Association (herein called the "Paying Agent"), the paying agent/registrar and transfer agent of the District. The
interest hereon is payable to the person whose name appears on the bond registration books of the Paying Agent as
the registered owner hereof as of the close of business on the 150'day of the month preceding an interest payment
date(the"Record Date"),whether or not such day is a business day,such interest to be paid by check mailed to such
registered owner at the owner's address as it appears on such registration books, or at such other address filed with
the Paying Agent for that purpose. Upon written request, given no later than the Record Date immediately
preceding an interest payment date,of the owner of current interest Bonds(hereinafter defined)aggregating at least
$1,000,000 in principal amount, interest will be paid by wire transfer to an account maintained in the United States
as specified by the owner in such request. So long as Cede & Co. or its registered assigns shall be the registered
owner of this bond,payment shall be made by wire transfer as provided in the Resolution hereinafter described.
This bond is one of a duly authorized issue of bonds of like tenor(except for such variations, if
any,as may be required to designate varying series,numbers,denominations,interest rates,interest payment modes,
maturities and redemption provisions), amounting in the aggregate to $___ and designated as
"Acalanes Union High School District General Obligation Bonds, Election of 1997, Series 2000" (the "Bonds").
The Bonds were authorized by a vote of at least two-thirds of the voters voting at an election duly and legally called,
held and conducted in the District on November 4, 1997. The Bonds are issued and sold by the Board of
Supervisors of the County of Contra Costa, State of California, pursuant to and in strict conformity with the
provisions of the Constitution and laws of said State,and of a resolution(herein called the"Resolution"')adopted by
DOCSSFI:414799.2 A-I-
said Board of Supervisors on January 25,2000, and subject to the more particular terms specified in the Certificate
of Award of the Bonds executed by the Treasurer of the County on February 8,2000.
The current interest Bonds are issuable as fully registered bonds without coupons in the
denomination of$5,000 principal amount or any integral multiple thereof, provided that no current interest Bond
shall have principal maturing on more than one principal maturity date. Subject to the limitations and conditions
and upon payment of the charges,if any,as provided in the Resolution,current interest Bonds may be exchanged for
a like aggregate principal amount of current interest Bonds of the same series, interest rate, and maturity of other
authorized denominations.
This bond is transferable by the registered owner hereof, in person or by attorney duly authorized
in writing, at said principal corporate trust office of the Paying Agent, 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
bond. Upon such transfer, a new Bond or Bonds of authorized denomination or denominations of the same series,
interest payment mode, interest rate, and same aggregate principal amount will be issued to the transferee in
exchange herefor.
The County, the District and the Paying Agent may treat the registered owner hereof as the
absolute owner hereof for all purposes, and the County, the District and the Paying Agent shall not be affected by
any notice to the contrary.
The current interest Bonds are subject to optional and mandatory sinking fund redemption on the
terms and subject to the conditions specified in the Resolution,and as shown in the attached Redemption Schedule.
If this bond is called for redemption and payment is duly provided therefor, interest shall cease to accrue hereon
from and after the date fixed for redemption.
In reliance upon the representations, certifications and declarations of the District, the Board of
Supervisors hereby certifies and declares that the total amount of indebtedness of the District,including the amount
of this bond, is within the limit provided by law; that all acts, conditions and things required by law to be done or
performed precedent to and in the issuance of this bond have been done and performed in strict conformity with the
laws authorizing the issuance of this bond; and that this bond is in substantially the form prescribed by order of the
Beard of Supervisors duly made and entered on its minutes. The Bonds represent an obligation of the District
payable out of the interest and sinking fund of the District, and the money for the payment of principal of and
interest on this bond shall be raised by taxation upon the taxable property of the District.
This bond shall not be entitled to any benefit under the Resolution, or become valid or obligatory
for any purpose,until the certificate of authentication and registration hereon endorsed shall have been signed by the
Paying Agent.
IN WITNESS WHEREOF the Board of Supervisors of the County of Contra Costa has caused this
bond to be signed by its Chair and by the Treasurer-Tax Collector of the County,to be countersigned by the Clerk of
said Board,as of the date set forth above.
Chair of the Board of
Supervisors of the County of Contra Costa
Treasurer-Tax Collector of
the County of Contra Costa
Countersigned:
txxSSFI:414799.2 A-2
Clerk.of the Board of Supervisors
DOCSSFI:414799.2 A-3
PAYING AGEN'T'S CERTIFICATE OF AUTHENTICATION
AND REGISTRATION
This is one of the Bonds described in the within-mentioned Resolution and authenticated and
registered on_ — ,January 25,2000.
U.S.BANK TRUST NATIONAL ASSOCIATION,Los
Angeles,California,as Paying Agent/Registrar and Transfer
Agent
By
Authorized Officer
DTC LEGEND
Unless this certificate is presented by an authorized representative of The Depository Trust
Company,a New York corporation("DTC"),to Issuer or its agent for registration of transfer,exchange,or payment,
and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an
authorized representative of DTC(and any payment is made to Cede&Co.or to such other entity as is requested by
an authorized representative of DTC),ANY TRA'NSF'ER,PLEDGE,OR OTHER USE HEREOF FOR"VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof,Cede&Co.,
has an interest herein.
[STATEMENT OF INSURANCE]
DOCSSF1:414799.2 A-4
ASSIGNMENT
For value received the undersigned do(es) hereby sell, assign and transfer unto
the within-mentioned Registered Bond and hereby irrevocably constitute(s)
and appoint(s) attorney, to transfer the same on the books of the Paying
Agent/Registrar and Transfer Agent with full power of substitution in the premises.
I.D.Number NOTE: The signature(s)on this Assignment must correspond
with the name(s)as written on the face of the within
Registered Bond in every particular,without alteration or
enlargement or any change whatsoever.
Dated:
Signature Guarantee:
Notice: Signature must be guaranteed by an
eligible guarantor institution.
DOCSSF1:414799.2 A-5
REDEMPTION SCHEDULE
[from Certificate of Award]
DOCSSFI:414794.2 .A-63
EXHIBIT B
[Form of Capital Appreciation Series 2040 Bond]
Number UNITED STATES OF AMERICA Maturity Value
R_ STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
ACALANES UNION HIGH SCHOOL DISTRICT
GENERAL OBLIGATION BONDS,ELECTION OF 1997,SERIES 2000
CAPITAL APPRECIATION BOND
Maturity Date Dated as of CUSIP NO.
August 1, t 2000
Registered Owner: CEDE&CO.
Initial Principal Amount: DOLLARS
Accreted Value at Maturity: DOLLARS
Acalanes Union High School District of the County of Contra Costa, State of California (herein
called the"District"), acknowledges itself indebted to and promises to pay, on the maturity date specified above or
upon prior redemption hereof, in lawful money of the United States of America, to the registered owner identified
above or registered assigns,the accreted value hereof on such date,consisting of the initial principal amount hereof
plus interest accreted thereon to such date(in accordance with the Resolution hereinafter defined and as reflected in
the Table of Accreted Values hereinafter set forth;provided, that any accreted value determined in accordance with
the Resolution shall prevail over any accreted values given in the Table of Accreted Values), commencing on the
date hereof,compounded on February 1 and August 1 of each year commencing on August 1,2000,assuming in any
such semiannual period that such interest accretes in equal daily amounts on the basis of a 360-day year of twelve
30-day months, until the obligation represented hereby shall have been discharged, as provided in the Resolution
hereinafter defined,upon the surrender hereof at the principal corporate trust office(as defined in the Resolution)of
U.S. Bank Trust National Association (herein called the "Paying Agent"), the paying agent/registrar and transfer
agent of the District.
This bond is one of a duly authorized issue of bonds of like tenor(except for such variations, if
any, as may be required to designate varying series, numbers, denominations, interest rates or yields, interest
payment modes, maturities and redemption provisions), amounting in the aggregate to $ principal
amount, and designated as "A,calanes Union High School District General Obligation Bonds, Election of 1997,
Series 2000"(the`Bonds"). The Bonds were authorized by a vote of at least two-thirds of the voters voting at an
election duly and legally called,held and conducted in the District on November 4, 1997. The Bonds are issued and
sold by the Board of Supervisors of the County of Contra Costa, State of California, pursuant to and in strict
conformity with the provisions of the Constitution and laws of said State, and of a resolution (herein called the
"Resolution") adopted by said Board of Supervisors on January 25, 2000, and subject to the more particular terms
specified in the Certificate of Award of the Bonds executed by the Treasurer of the County on February 8,2000.
The capital appreciation Bonds are issuable as felly registered bonds without coupons in the
denomination of$5,000 accreted value at maturity (the "maturity value") or any integral multiple thereof, except
that the first numbered capital appreciation Bond may be issued in a denomination such that the maturity value of
DOCSSFt:414749.2 B-1
such capital appreciation Bond shall not be in an integral multiple of $5,040, and provided that no capital
appreciation Bond shall have principal maturing on more than one principal maturity date. Subject to the limitations
and conditions and upon payment of the charges, if any, as provided in the Resolution, capital appreciation Bonds
may be exchanged for a like aggregate maturity value of Bonds of the same series, interest payment mode, and
maturity of other authorized denominations.
This bond is transferable by the registered owner hereof, in person or by attorney duly authorized
in writing,at said office of the Paying Agent,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 Bond. Upon such transfer, a
new Bond or Bonds of authorized denomination or denominations for the same series and interest payment mode
and same aggregate maturity value will be issued to the transferee in exchange herefor.
The County, the District and the Paying Agent may treat the registered owner hereof as the
absolute owner hereof for all purposes, and the County, the District and the Paying Agent shall not be affected by
any notice to the contrary.
The Bonds are subject to optional and mandatory sinking fund redemption,on the terms and
subject to the conditions specified in the Resolution, and as further specified in the Certificate of Award of the
Bonds executed by the Treasurer of the County on February g, 2000. If this bond is called for redemption and
payment is duly provided therefor,interest shall cease to accrue hereon from and after the date fixed for redemption.
In reliance upon the representations, certifications and declarations of the District, the Board of
Supervisors hereby certifies and declares that the total amount of indebtedness of the District, including the amount
of this bond, is within the limit provided by law, that all acts, conditions and things required by law to be done or
performed precedent to and in the issuance of this bond have been done and performed in strict conformity with the
laws authorizing the issuance of this bond, and that this bond is in substantially the form prescribed by order of this
Board duly made and entered on its minutes. The Bonds represent an obligation of the District payable out of the
interest and sinking fund of the District, and the money for the payment of the maturity value of this bond (or
redemption price hereof upon redemption prior to maturity), shall be raised by taxation upon the taxable property of
said District.
This bond shall not be entitled to any benefit under the Resolution, or become valid or obligatory
for any purpose,until the certificate of authentication and registration hereon endorsed shall have been signed by the
Paying Agent.
IN WITNESS WHEREON`the Board of Supervisors of the County of Contra Costa has caused this
bond to be signed by its Chair and by the Treasurer-Tax Collector of the County, and to be countersigned by the
Clerk of said Board,as of the date set forth above.
Chair of the Board of Supervisors
County of Contra Costa
Treasurer-Tax Collector
County of Contra Costa
Countersigned:
Clerk of the Board of Supervisors
DOCSSFI:414799.2 B-2
PAYING AGENTS CERTIFICATE OF AUTHENTICATION
AND REGISTRATION
This is one of the capital appreciation Bonds described in the within-mentioned Resolution and
authenticated and registered on .2000.
U.S.Bank Trust National Association,Los Angeles,
California,as Paying Agent/Registrar and Transfer Agent
By
Authorized Officer
DTC LEGEND
Unless this certificate is presented by an authorized representative of The Depository Trust
Company,a New York corporation("DTC"),to Issuer or its agent for registration of transfer,exchange,or payment,
and any certificate issued is registered in the name of Cede & Co. or in such other name as is requested by an
authorized representative of DTC(and any payment is made to Cede&Co.or to such other entity as is requested by
an authorized representative of DTC),ANY TRANSFER,PLEDGE,OR OTHER USE HEREOF FOR VALUE OR
OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof,Cede&Co.,
has an interest herein.
(STATEMENT OF INSURANCE)
DOCSSFI:414799.2 A-3
ASSIGNMENT
For value received the undersigned do(es) hereby sell, assign and transfer unto
the within-mentioned Registered Bond and hereby irrevocably constitute(s)
and appoints) attorney, to transfer the same on the books of the Paying
Agent/Registrar and Transfer Agent with full power of substitution in the premises.
I.D.Number NOTE: The signature(s)on this Assignment must correspond
with the name(s)as written on the face of the within
Registered Bond in every particular,without alteration or
enlargement or any change whatsoever.
Dated:
Signature Guarantee:
Notice: Signature must be guaranteed by an
eligible guarantor institution.
DOCSSFI:414"799.2 B-4
(TABLE OF ACCRETED VALUES]
DOCSSF1:4I4799.2 B-5
EXHIBIT C
FaRLOF CERTIFICATI F AW,M
(Current Interest Bonds)
The undersigned, William Pollacek, Treasurers-Tax Collector of the County of
Contra Costa, State of California (the "County'), on behalf of the Acalanes Union High School
District(the "District"),which is located in the County,pursuant to powers delegated to me by a
resolution adopted by the Board of Supervisors of the County can January 25, 2000 (the
"Resolution'), duly authorizing the issuance and sale of not to exceed $24,000,190.90 aggregate
principal amount of Acalanes Union High School District General Obligation Bonds, Election of
1997, Series 2000 (the "Bonds), consisting of Current Interest Bonds and Capital Appreciation
Bonds,hereby certify with respect to the award of said Current Interest Bonds as follows:
ACCEPTANCE OF BID
1. On February 8, 2000, at 9:30 a.m., the proposals for purchase of the
Current Interest Bonds, summarized in Schedule A attached hereto, were received and opened in
accordance with the Official Notice of Sale for the purchase of the Bonds, dated January 25,
2000 (the"Official Notice of Sale").
2. The proposal submitted by [Purchaser] is in compliance with all of the
terms and conditions set forth in the Official Notice of Sale.
3. The bid of [Purchaser] is the best responsive bid as determined by the
method of calculation for such best responsive bid, set forth in the Official Notice of Sale, as
follows:
Purchase Price:
([without/including] premium) $
Total Debt Service:
(dated date to maturity) $
True Interest Cost:
4. The Current Interest Bonds are hereby awarded to [Purchaser] (the
"Purchaser)based on the true interest cost shown above.
5. All proposals set forth in Schedule A other than said accepted bid of the
Purchaser are hereby rejected.
nocssri:414799.2 B-1
TERMS OF THE BONDS
1. The Current Interest Bonds shall be dated February 1,2000.
2. The aggregate principal amount of the Current Interest Bonds is hereby
determined to be $ [adjusted pursuant to the official Notice of Sale, and the
adjusted True Interest Cost is rI
3. The maturity dates, principal amounts, and interest rates of each maturity
of the Current Interest Bonds shall be as set forth in the summary of the bid of the Purchaser
attached hereto as Schedule B.
4. Interest on the Current Interest Bonds shall be payable commencing on
February 1,2001, and thereafter on February 1 and August 1 of each year.
5. (a) The Current Interest Bonds shall be subject to optional redemption in
accordance with the terms specified in the Resolution;to wit:
Bonds maturing on or before August 1, 2007, shall not be subject to redemption
prior to their respective stated maturity dates. Current Interest Bonds maturing on and after
August 1, 2008, shall be subject to redemption prior to their respective stated maturity dates, at
the option of the District, from any source of available funds, as a whole or in part on any date on
or after August 1, 2007, at the prices set forth below. If less than all of the Current Interest
Bonds are called for redemption, such Bonds shall be redeemed in inverse order of maturities or
as otherwise directed by the District, and if less than all of the Current Interest Bonds of any
given maturity are called for redemption, the portions of such Bonds of a given maturity to be
redeemed shall be determined by lot.
Current Interest Bonds shall be redeemed at the option of the District at the
following prices (expressed as a percentage of the principal amount of the Bonds called for
redemption),together with interest accrued thereon to the date of redemption:
Optional
Red ption Date __ed=ption Price
August 1, 2007 through July 31, 2008 101%
August 1, 2008 and thereafter 100%
(b) The Current Interest Bonds shall be subject to mandatory sinking fund
redemption prior to their stated maturity date,without a redemption premium,in part by lot, from
mandatory sinking fund payments in the amounts and years shown in Schedule B hereto.
Dated: .2000.
COUNT''OF CONTRA COSTA
By
William Pollacek
Treasurer-Tax Collector
r ocssr I:a1479s.z B-2
SCHEDULE A
(To Certificate of Award)
Acalanes Union High School District
General Obligation Bonds
Election of 1997,Series 2000
CURRENT INTEREST BONDS
LIST OF BIDS
True
Interest
NWme s
1. %
2.
3.
4.
5.
E.
7.
8.
DOCSSF1:4I4799.2 B-3
SCHEDULE B
(To Certificate of Award)
Acaianes Union High School District
General Obligation Bonds
Election of 1997,Series 2000
CURRENT INTEREST BONDS
MATURITY SCHEDULE
(Summary of Accepted Bid)
Maturity Date Principal Interest
(August Alin Ratr,�
2001 $ %
August 1,2024
$ TERM BOND MATURING
AUGUST 1,
Sinking Fund
Payment Date Sinking Fund.
(August 1)
$
* Maturity
bocssFI:414799.2 B-4
FORM OFA ITFICATE!UE AWARD
(Capital Appreciation Bonds)
The undersigned, William Pollacek, Treasurer-Tax Collector of the County of
Contra Costa, State of California (the "County'), on behalf of the Acalanes Union High School
District(the"District"), which is located in the County, pursuant to powers delegated to me by a
resolution adopted by the Board of Supervisors of the County on January 25, 2000 (the
"Resolution"), duly authorizing the issuance and sale of not to exceed $24,000,190.90 aggregate
principal amount of Acalanes Union High School District General Obligation Bonds, Election of
1997, Series 2000 (the "Bonds"), consisting of Current Interest Bonds and Capital Appreciation
Bonds,hereby certify with respect to the award of said Capital Appreciation Bonds as follows:
ACCEPTANCE OF BID
1. On February $, 2000, at 9:30 a.m., the proposals for purchase of the
Capital Appreciation Bonds, summarized in Schedule A attached hereto, were received and
opened in accordance with the Official Notice of Sale for the purchase of the Bonds, dated
January 25,2000(the"Official Notice of Sale").
2. The proposal submitted by [Purchaser] is in compliance with all of the
terms and conditions set forth in the Official Notice of Sale.
3. The bid of [Purchaser] is the best responsive bid as determined by the
method of calculation for such best responsive bid, set forth in the Official Notice of Sale, as
follows:
Purchase Price:
([without/including] premium) $
Total Debt Service:
(dated date to maturity) $
True Interest Cost:
4. The Capital Appreciation Bonds are hereby awarded to [Purchaser] (the
"Purchaser")based on the true interest cost shown above.
5. All proposals set forth in Schedule A other than said accepted bid of the
Purchaser are hereby rejected.
DOCssFI:4147t34.2 C-5
TERMS OF THE BONDS
1. The Capital Appreciation Bonds shall be dated February 1, 2000.
2. The aggregate initial principal (denominational) amount of the Capital
Appreciation Bonds is hereby determined to be $ [adjusted pursuant to the
official Notice of Sale, and the adjusted True Interest Cost is -.
3. The maturity dates, denominational amounts, maturity values and
reoffering yields of each maturity of the Capital Appreciation Bonds shall be as set forth in the
summary of the bid of the Purchaser attached hereto as Schedule B.
4. Interest on the Capital Appreciation Bonds shall be accrete from the date
thereof and shall be compounded commencing on February 1, 2001, and thereafter on February 1
and August 1 of each year.
5. (a) The Capital Appreciation Bonds shall be subject to optional
redemption in accordance with the terms specified in the Resolution; to wit:
Bonds maturing on or before August 1, 2008, shall not be subject to redemption
prior to their respective stated maturity dates. Capital Appreciation Bonds maturing on and after
August 1, 2009, shall be subject to redemption prior to their respective stated maturity dates, at
the option of the District, from any source of available funds, as a whole or in part on any date on
or after August 1, 2008, at the prices set forth below. If less than all of the Capital Appreciation
Bands are called for redemption, such Bonds shall be redeemed in inverse order of maturities or
as otherwise directed by the District, and if less than all of the Capital Appreciation Bonds of any
given maturity are called for redemption, the portions of such Bonds of a given maturity to be
redeemed shall be determined by lot.
Capital Appreciation Bonds shall be redeemed at the option of the District at the
following prices (expressed as a percentage of the principal amount of the Bonds called for
redemption),together with interest accrued thereon to the date of redemption:
Optional
Rede p iot.I?90 Re ion Eric
August 1,2008 and thereafter 102%
(b) The Capital Appreciation Bonds shall be subject to mandatory sinking
fund redemption prior to their stated maturity date,without a redemption premium, in part by lot,
from mandatory sinking fund payments in the amounts and years shown in Schedule B hereto.
Dated: . 2000.
COUNTY OF CONTRA COSTA
By
William Pollacek
Treasurer-Tax Collector
DOCSSF 1:414749.2 C-6
SCREDU EA
(To Certificate of Award)
Acalanes Union High School District
General Obligation Bands
Election of 1997,Series 2000
CAPITAL APPRECIATION BONDS
LIST OF BIDS
True
Interest
Ne Cost
1. %
2.
3.
4.
S.
6.
7.
8.
DOCssF1:414799.2 C-7
SCHEDULER
(To Certificate of Award)
Acalanes Union High School District
General Obligation Bonds
Election of 1997,Series 2400
CAPITAL APPRECIATION BONDS
MATURITY SCHEDULE
(Summary of Accepted Bid)
Maturity Date denominational Maturity Reoffering
2001 $ $ %
August 1,2024
$ TERM BOND MATURING AUGUST 1,
Sinking Fund Payment Tate Sinking Fund
(August 1) PAYM
$
* Maturity
DOCSSFi:414799.2 C-8
SECRETARY S CERTIFICATE
I, James J. Perino, Secretary of the Board of Education of the Acalanes Union
High School District, County of Contra Costa, California,do hereby certify as follows:
The attached is a full, true and correct copy of a resolution duly adopted at a
regular meeting of the.Board of Education of said District dully and regularly held at the regular
meeting place thereof on January 18, 2000, and entered in the minutes thereof, of which meeting
all of the members of the 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: Jasper, Tobias, Wanken, W6il
NOES: None
ABSTAIN: None
ABSENT: Wood
An agenda of said meeting was posted at least 72 hours before said meeting at
1212 Pleasant Hill Road, Lafayette, California, a location Freely accessible to members of the
public, and a brief general description of said resolution appeared on said agenda. A copy of
said agenda is attached hereto.
I have carefully compared the same with the original minutes of said meeting on
file and of record in my office. 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. .
Pursuant to Section 18 of said resolution,I have caused a certified copy thereof to
be filed with the Clerk of the Board of Supervisors of the County.
WITNESS my hand this 25 day of January 2000.
S4g&tary of the pard of Education of
Acalanes Union High School District
DOCSSFI.4147991
BOARD OF EDUCATION
OF THE
ACALANES UNION HIGH SCHOOL DISTRICT
COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA
Res. No. 99-00-21
RESOLUTION PRESCRIBING THE TERMS OF SALE OF BONDS OF ACALANES UNION
HIGH SCHOOL DISTRICT, REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF CONTRA COSTA TO ISSUE AND SELL NOT TO EXCEED TWENTY-FOUR
MILLION DOLLARS ($24,000,190.90) OF SAID BONDS, APPROVING THE FORM OF
AND AUTHORIZING DISTRIBUTION AND PUBLICATION OF AN OFFICIAL NOTICE
OF SALE, A NOTICE OF INTENTION TO SELL BONDS, AND AN OFFICIAL
STATEMENT, REQUESTING SAID BOARD OF SUPERVISORS TO DELEGATE TO THE
COUNTY TREASURER-TAX COLLECTOR OR HIS DESIGNEE AUTHORIZATION TO
AWARD BID FOR SAID BONDS, AND AUTHORIZING EXECUTION OF NECESSARY
CERTIFICATES RELATING TO SAID BONDS.
WHEREAS, an election was duly called and regularly held in the Acalanes Union
High School District, County of Contra Costa, California (herein called the "District"), on
November 4, 1997, at which the following proposition was submitted to the electors of the
District:
"Shall the Acalanes Union High School District be authorized to
finance the rehabilitation, expansion, and improvement of its
schools, including but not limited to wiring and infrastructure for
technology, the modernization of school libraries, laboratories and
classrooms, and the creation of new classroom space needed for
increased enrollment, by incurring bonded indebtedness of up to
$48.0 million at interest rates not exceeding the legal maximum?"
and
WHEREAS, at least two-thirds of the votes cast on said proposition were in favor
of issuing said bonds; and
WHEREAS, $23,999,809.10 aggregate principal amount of said bonds,
designated "Acalanes Union High School District General Obligation Bonds, Election of 1997,
Series 1998"have heretofore been issued and sold; and
WHEREAS, this Board of Education of the District deems it necessary and
desirable that the Board of Supervisors of the County of Contra Costa (the "County") shall
DOCSSF 1:414'799.2
authorize and consummate the sale and issuance of a portion of said bonds in a single series
designated the "Acalanes Union High School District General Obligation Bonds, Election of
1997, Series 2000" in an aggregate principal amount not exceeding $24,000,190.90, according to
the terms and in the manner hereinafter set forth; and
WHEREAS, this Board of Education further deems it necessary and desirable to
authorize the sale of said bonds by a competitive sale to the responsible bidder who makes the
lowest interest cost bid; and
WHEREAS, there have been submitted and are on file with the Clerk of this
Board of Education proposed forms of an Official Notice of Sale of Bonds, a Notice of Intention
to Sell Bonds, an Official Statement, and a Continuing Disclosure Certificate, all with respect to
not to exceed $24,000,190.90 aggregate principal amount of Acalanes Union High School
District General Obligation Bonds, Election of 1997, Series 2000,proposed to be sold;
WHEREAS, the District desires to execute a contract relating to its engagement
of a financial advisor relating to the Bonds;
NOW, THEREFORE, THE BOARD OF EDUCATION OF ACALANES
UNION HIGH SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE AND
ORDER,AS FOLLOWS:
S ,•tip. R,=itals: All of the above recitals are true and correct.
Section2. &qUZst for Sale of Bonds; Counlsr Resolution, Certificate of
The Board of Supervisors of the County (the "Board of Supervisors") is hereby
requested to sell not later than March 31,2000,by competitive sale to the responsible bidder who
makes the lowest interest cost bid, not to exceed $24,000,190.90 aggregate principal amount of
bonds of the Acalanes Union High School District, and to designate said bonds as the"Acalanes
Union High School District General Obligation Bonds, Election of 1997, Series 2000" (herein
called the "Series 2000 Bonds" or the "Bonds"). The Series 2000 Bonds shall be issued as
Current Interest Series 2000 Bonds and Capital Appreciation Series 2000 Bonds, as provided in
Section 3 hereof.
The Board of Supervisors is hereby requested to provide by resolution (the
"County Resolution'") for the terms of the sale and issuance of the bonds in accordance with the
particular terms and manner set forth herein and, with respect to such necessary and desirable
terms as are not specified herein, as the Board of Supervisors shall otherwise see fit to determine.
With respect to such necessary and desirable terms as are not finally determined by the County
Resolution, the Board of Supervisors is hereby requested to provide for an Official Notice of
Sale (as defined in Section 5 hereof) describing such terms to be completed and circulated prior
to the sale of the Series 2000 Bonds, and a Certificate of Award (the "Certificate of Award") to
be completed upon the sale of the Series 2000 Bonds, in which any such terms of the Series 2000
Bonds shall be finally determined. The Board of Supervisors, or such officer or officers of the
County as shall be authorized by the County Resolution to consummate the transactions
contemplated herein, including by preparing the Official Notice of Sale and completing and
executing the Certificate of Award, is hereby requested to establish said terms of the Series 2000
DOCSSF1:414799.2 2
t
Bonds upon consultation with the Superintendent of the District and the Financial Advisor to the
District(as defined in Section 5 hereof).
,lection 3. Terms of Bonds: (a) Date of Bonds. The Current Interest Series
2000 Bonds shall be dated February 1, 2000, or such other date as shall be specified in the
Certificate of Award.
The Capital Appreciation Series 2000 Bonds shall be dated the date of their
delivery, or such other date as shall be specified in the Certificate of Award.
(b) i 1 ntions. The Current Interest Series 2000 Bonds shall be issued in
denominations of$5,000 principal amount or any integral multiple thereof.
The Capital Appreciation Series 2000 Bonds shall be issued in denominations of
$5,000 accreted value at maturity C maturity value") or any integral multiple thereof, except that
the first numbered Capital Appreciation Series 2000 Bond may be issued in a denomination such
that the maturity value of such Capital Appreciation Series 2000 Bond shall not be in an integral
multiple of$5,000.
(c) MWudl c. The Current Interest Series 2000 Bonds shall mature on the
date, in each of the years,in the principal amounts and in the aggregate principal amount as shall
be specified in the Certificate of Award. No Current Interest Series 2000 Bond shall mature
prior to August 1, 2001, and no Current Interest Series 2000 Bond shall mature later than the
date which is 25 years from the date of the Current Interest Series 2000 Bonds,to be determined
as provided in subsection (a) of this Section. No Current Interest Series 2000 Bond shall have
principal maturing on more than one principal maturity date. The Certificate of Award may
provide that no Current Interest Series 2000 Bonds shall be issued.
The Capital Appreciation Series 2000 Bonds shall mature on the date, in each of
the years, and in the maturity values as shall be specified in the Certificate of Award. No Capital
Appreciation Series 2000 Bond shall "mature prior to August 1, 2001, and no Capital
Appreciation Series 2000 Bond shall mature later than the date which is 25 years from the date
of the Series 2000 Bonds, to be determined as provided in subsection (a) of this Section. No
Capital Appreciation Series 2000 Bond shall have principal maturing on more than one principal
maturity date. The Certificate of Award may provide that no Capital Appreciation Series 2000
Bonds shall be issued.
The Current Interest Series 2000 Bonds may mature in the same year or years as
the Capital Appreciation Series 2000 Bonds, without limitation. The aggregate principal amount
of the Series 2000 Bonds issued as both Current Interest Series 2000 Bonds and as Capital
Appreciation Series 2000 Bonds shall not exceed$24,000,190.90.
(d) Interest_pay. The Current Interest Series 2000 Bonds shall bear
interest at an interest rate (also known as the coupon interest rate) not to exceed 12.00% per
annum, computed on the basis of a 360-day year of twelve (12) 30-day months, first payable on
February 1, 2001, and thereafter on February 1 and August 1 in each year (or on such other
initial and semiannual interest payment dates as shall be specified in the Certificate of Award).
nocssri:414799.2 3
The Capital Appreciation Series 2000 Bonds shall not bear current interest; each
Capital Appreciation Series 2000 Bond shall accrete in value from its initial principal
(denominational) amount on the date of issuance thereof to its stated maturity value at maturity
thereof, at a compounded interest rate(also known as bond yield)which shall not exceed 12.00°1
per annum, and shall be payable only upon maturity or prior redemption thereof. The interest on
the Capital Appreciation Series 2000 Bonds shall be compounded commencing on August 1,
2000, and thereafter on February 1 and August 1 in each year (or on such other initial and
semiannual interest dates as shall be specified in the Certificate of Award).
(e) Qb,iga im. The obligation to pay principal and interest represented by the
Bonds is a statutory obligation of the District and the County. The District hereby requests the
Board of Supervisors to annually levy a tax upon all taxable property in the District sufficient to
redeem the Series 2000 Bonds, and to pay the principal,redemption premium, if any, and interest
thereon as and when the same become due.
Secdon4. __edemp iQn visions: The Series 2000 Bonds shall be subject to
redemption prior to their respective stated maturity dates at the option of the District as shall be
specified in the Certificate of Award. The Series 2000 Bonds shall also be subject to mandatory
sinking fund redemption, as shall be specified in the Certificate of Award. The Board of
Supervisors may provide that the Series 2000 Bonds shall not be subject to optional or
mandatory redemption, and may provide separate and distinct redemption provisions for the
Current Interest Series 2000 Bonds and the Capital Appreciation Series 2000 Bonds.
Seclion 5. Q„fficiat Notice of Sale: The Official Notice of Sale inviting bids
for the Bonds, in substantially the form on file with the Clerk of this Board of Education, is
hereby approved, and the Board of Supervisors is hereby requested to adopt and use said form as
the Official Notice of Sale inviting bids for the Bonds, subject to such corrections, revisions or
additions as deemed necessary by the Superintendent of the District and as may be acceptable to
the County. Kelling, Northcross & Nobriga, Oakland, California (herein called the "Financial
Advisor"), is hereby authorized and directed to cause to be mailed to prospective bidders for the
Bonds copies of said Official Notice of Sale in the form finally approved by the Superintendent
of the District.
rectin 6. Sale of Bonds: (a) Advertisement for Bids. The form of proposed
Notice of Intention to Sell Bonds, in substantially the form on file with the Clerk of this Board of
Education, is hereby approved, and the Board of Supervisors is hereby requested to adopt said
form of proposed Notice of Intention to Sell Bonds, subject to such corrections, revisions or
additions as deemed necessary by the Superintendent of the District and as may be acceptable to
the County, and to cause said Notice of Intention to Sell Bonds to be published once at least
fifteen(15)days before the date of sale in a financial publication generally circulated throughout
the State of California or which the Financial Advisor advises is expected to be disseminated
among prospective bidders for the Bonds, and to publish said notice beginning on a date no later
than the date fourteen (14) days prior to the date of sale, once a week, on the same day of each
week, for at least two weeks in a newspaper of general circulation published in the County.
(b) Award of_Bonds. The Board of Supervisors is hereby requested to
authorize and direct the Treasurer-Tax Collector of the County (the "County Treasurer"), on
DOCSSF1:414799.2 4
behalf of the District and the County, to accept the lowest true interest cost bid for the Series
2000 Bonds, provided that (i) such true interest cost shall be no greater than 12.00%, calculated
as specified in the Official Notice of Sale, (ii) the maximum interest rate (also known as the
coupon interest rate) on the Current Interest Series 2000 Bonds shall not be in excess of 12.00%
per annum; (iii) the Capital Appreciation Series 2000 Bonds shall accrete in value to their
maturity values at a compounded interest rate (also known as the bond yield) not in excess of
12.00% per annum; (iv) the price to be paid for the Current Interest Series 2000 Bonds shall not
be less than the par value thereof, plus accrued interest, if any,to the date of delivery, plus such
premium as is specified in the bid; and(v)the Series 2000 Bonds shall otherwise conform to the
limitations specified herein. 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, is hereby authorized to award the sale of the Series 2000 Bonds to the maker of the
best responsive bid; if no bid is acceptable, the County Treasurer is requested to reject all bids
and to re-bid the Series 2000 Bonds or, if necessary, to sell the Series 2000 Bonds by negotiated
sale as permitted by law.
The Board of Supervisors is hereby authorized to entertain separate bids for the
Current Interest Series 2000 Bonds and the Capital Appreciation Series 2000 Bonds, and to
accept the lowest true interest cost bid in each case, upon the terms and subject to the
requirements described in subsection (b) of this Section as shall be appropriate in each case. In
such event, if the Financial Advisor deems it to be advisable, the Board of Supervisors is
requested to cause to be prepared a separate Official Notice of Sale for each lot of the Series
2000 Bonds offered.
(c) Cona=l to Financial Advisor to Rid for Bonds. This Board of Education
hereby authorizes Zions First National Bank(parent company of Kelling,Northcross &Nobriga,
the Financial Advisor for the District with respect to the 2000 Bonds) to bid for the Series 2000
Bonds, and to acquire such Series 2000 Bonds as principal either alone or as a participant in a
syndicate or other similar account formed for the purpose of purchasing the Series 2000 Bonds,
directly or indirectly from the County.
S=Jion 7. Official SW The Official Statement relating to the Series
2000 Bonds, in substantially the form on file with the Clerk of this Board of Education, is hereby
approved with such changes, additions and corrections as the Superintendent may hereafter .
approve, and the Financial Advisor is hereby authorized to prepare and distribute copies of such
Official Statement in preliminary form to persons who may be interested in purchasing the Series
2000 Bonds. The Superintendent is hereby authorized to certify to the initial purchaser or
purchasers of the Series 2000 Bonds, on behalf of the District, that the preliminary form of the
Official Statement was 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). The Superintendent is hereby
authorized and directed to sign said Official Statement in its final form, including the final
pricing information, and the initial purchaser or purchasers are hereby authorized and directed to
deliver copies of such Official Statement in final form to subsequent purchasers of the Series
2000 Bonds.
Docssrr:414799.2 5
ctic�rt 8. Investment of Proceeds. Proceeds of the Series 2000 Bonds held
by the County Treasurer shall be invested at the County Treasurer's discretion pursuant to law
and the investment policy of the County, unless otherwise directed in writing by the District.
(i) At the written direction of the District, given by the Superintendent of the
District, who is hereby expressly authorized to give such direction, all or any portion of
the building fund of the District may be invested on behalf of the District in the Local
Agency Investment Fund in the treasury of the State of California and as permitted under
the County Resolution.
(ii) At the written direction of the District, given by the Superintendent of the
District, who is hereby expressly authorized to give such direction, all or any portion of
the building fund of the District may be invested on behalf of the District, in investment
agreements, including guaranteed investment contracts, which comply with the
requirements of each rating agency then rating the Series 2000 Bonds necessary in order
to maintain the then-current rating on the Series 2000 Bonds.
Section io 9. Tax Cgvenant : (a) Genera . The District 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 Series 2000 Bonds under
Section 103 of the Internal Revenue Code of 1986 (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 Series 2000 Bonds(the"Tax Certificate'), to be
entered into by the District on the date of issuance of the Series 2000 Bonds. The provisions of
this subsection(a) shall survive payment in full or defeasance of the Series 2000 Bonds.
(b) Yield_Roariction. In the event that at any time the District is of the
opinion that for purposes of this Section it is necessary or helpful to restrict or limit the yield on
the investment of any monies held by the County Treasurer on behalf of the District, in
accordance with this Resolution or pursuant to law, the District shall so request of the County
Treasurer in writing, and the District shall make its best efforts to ensure that the County
Treasurer shall take such action as may be necessary in accordance with such instructions.
(c) Reliance on Onigion of Bond Counsel. Notwithstanding any provision of
this Section, if the District shall provide to the County Treasurer an opinion of counsel of
nationally recognized standing in the field of law relating to municipal bonds (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 federal income tax of
interest on the Series 2000 Bonds, the County Treasurer may conclusively rely on such Opinion
of Bond Counsel in complying with the requirements of this Section and of the Tax Certificate,
and the covenants hereunder shall be deemed to be modified to that extent.
Section 10. Continuing Disclosure. The Superintendent of the District, or the
designee thereof, is hereby authorized on behalf of the District to execute a Continuing
Disclosure Certificate in substantially the form attached hereto as Exhibit A, with such changes
thereto as deemed necessary in order to permit the purchaser of the Bonds to comply with the
requirements of Securities and Exchange Commission Rule 15c2-12. The District hereby
DOCSSFi:414799.2 6
covenants and agrees that it will comply with and carry out all of the provisions of such
Continuing Disclosure Certificate as finally executed and delivered.
Section I 1. Approval of Actions: The President of this Board of Education,
the Clerk of this Board of Education, the Superintendent of the District and any delegate of the
Superintendent and officers of the District are hereby authorized and directed to execute and
deliver any and all certificates and representations, including signature certificates, no-litigation
certificates, certificates concerning the contents of the Official Statement, representation letters
to The Depository Trust Company, the Tax Certificate and any other certificates proposed to be
distributed in connection with the sale of the Series 2000 Bonds, which any of them deem
necessary and desirable to accomplish the transactions authorized herein.
Section 12. Notice to California Debt and Investment Advisory__Co
The Clerk of this Board of Education is hereby authorized and directed to cause notices of the
proposed sale and final sale of the Series 20001 Bonds to be filed in a timely manner with the
California Debt and Investment Advisory Commission pursuant to California Government Code
Section 8855(g).
:Section 13. Fling with Board of Supervisors. The Clerk of this Board of
Education is hereby authorized and directed to file a certified copy of this Resolution upon the
adoption hereof with the Clerk of the Board of Supervisors.
Section 14. Appointment of Financial Advisor: The firm of Kelling,
Northcross & Nobriga, financial advisor to the District in connection with the Election and the
sale and issuance of bonds of the District, is hereby confirmed in such service. The
Superintendent of the District is hereby authorized to execute such agreement with Kelling,
orthcross & Nobriga as shall be acceptable to the Superintendent, such approval to be
conclusively evidenced by such execution.
[End of Page]
DOCSSF1:414799.2 7
EXHIBIT A
FORM OF CONTINUING DISCLOSURE CERTIFICATE
This Continuing Disclosure Certificate(the"Disclosure Certificate")is executed and delivered by
the Acalanes Union High School District (the "District") in connection with the issuance of
$ — aggregate principal amount of Acalanes Union High School District General
Obligation Bonds, Election of 1997, Series 2004 (the "Bonds"), consisting of$ principal
amount of current interest Bonds and$ initial principal(denominational)amount of capital
appreciation Bonds. The Bonds are being issued pursuant to a resolution (the "Resolution") adopted by
the Board of Supervisors of the County of Contra Costa (the "County") on January 25, 2000, at the
request of the Board of Education of the District by its resolution adopted on January 18, 2000. The
District covenants and agrees as follows:
SECTION 1. Pu=se of the Disclosure Cern icate. This Disclosure Certificate is being
executed and delivered by the District for the benefit of the Holders and Beneficial Owners of the Bonds
and in order to assist the Participating Underwriters in complying with Securities and Exchange
Commission Rule 15c2-12(b)(5).
SECTION 2. Definitions. In addition to the definitions set forth in the Resolution,which apply
to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the
following capitalized terms shall have the following meanings:
"Annual Report" shall mean any Annual Report provided by the District pursuant to, and as
described in, Sections 3 and 4 of this Disclosure Certificate.
"Beneficial Owner"shall mean any person which has or shares the power, directly or indirectly,
to make investment decisions concerning ownership of any Bonds (including persons holding Bonds
through nominees,depositories or other intermediaries).
"Dissemination Agent"shall mean the District,or any successor Dissemination Agent designated
in writing by the District and which has filed with the District a written acceptance of such designation.
"Holder"shall mean the person in whose name any Bond shall be registered.
"Listed Events"shall mean any of the events listed in Section 5(a)of this Disclosure Certificate.
"National Repository" shall mean any Nationally Recognized Municipal Securities Information
Repository for purposes of the Rule. The National Repositories currently approved by the Securities and
Exchange Commission are set forth in Exhibit B.
"Participating Underwriter"shall mean any of the original underwriters of the Bonds required to
comply with the Rule in connection with offering of the Bonds.
"Repository"shall mean each National Repository and the 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 the state repository for the purpose of the Rule and recognized as such by the Securities and
Exchange Commission. As of the date of this Certificate,there is no State Repository.
DOCSSF1:414799.2 A-1
SECTION 3. 1'ro iii n of Annual Reports.
(a) The District shall, or shall cause the Dissemination Agent to, not later than nine
months after the end of the District's fiscal year (currently ending June 30), commencing with the report
for the 1998-99 Fiscal Year (which is due not later than April 1, 2000), provide to each Repository an
Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. The
Annual Report may be submitted as a single document or as separate documents comprising a package,
and may cross-reference other information as provided in Section 4 of this Disclosure Certificate,
provided, that the audited financial statements of the District may be submitted separately from the
balance of the Annual Report and later than the date required above for the filing of the Annual Report if
they are not available by that date. If the District's fiscal year changes, it shall give notice of such change
in the same manner as for a Listed Event under Section 5(c).
(b) Not later than fifteen (15) Business Days prior to said date, the District shall
provide the Annual Report to the Dissemination Agent(if other than the District). If the District is unable
to provide to the Repositories an Annual Report by the date required in subsection (a), the District shall
send a notice to the Municipal Securities Rulemaking Board and the State Repository, if any, in
substantially the form attached as Exhibit A.
(c) The Dissemination Agent shall:
(i) determine each year prior to the date for providing the Annual Report the name
and address of each National Repository and the State Repository,if any;and
(ii) (if the Dissemination Agent is other than the District), file a report with the
District certifying that the Annual Report has been provided pursuant to this Disclosure
Certificate, stating the date it was provided and listing all the Repositories to which it was
provided.
SECTION 4. Content of A=dj Repo s. The District's Annual Report shall contain or include
by reference the following:
Audited financial statements of the District for the preceding fiscal year,prepared
in accordance with the laws of the State of California and including all
statements and information prescribed for inclusion therein by the Controller of
the State of California. If the District's audited financial statements are not
available by the time the Annual Report is required to be filed pursuant to
Section 3(a),the Annual Report shall contain unaudited financial statements in a
format similar to the financial statements contained in the final Official
Statement,and the audited financial statements shall be filed in the same manner
as the Annual Report when they become available.
To the extent not included in the audited financial statement of the District,the Annual Report
shall also include the following:
► Adopted budget of the District for the current fiscal year.
District average daily attendance.
► District outstanding debt.
UOCSSF1:4I4799.2 A-2
Information regarding total assessed valuation of taxable properties within the
District, if and to the extent provided to the District by the County.
Information regarding total secured tax charges and delinquencies on taxable
properties within the District, if and to the extent provided to the District by the
County.
Any or all of the items listed above may be included by specific reference to other documents, including
official statements of debt issues of the District or related public entities, which have been submitted to
each of the Repositories or the Securities and Exchange Commission. If the document included by
reference is a final official statement, it must be available from the Municipal Securities Rulemaking
Board. The District shall clearly identify each such other document so included by reference.
SEC'T'ION 5. Rpo?f;ng Qf Siiznificant Events.
(a) Pursuant to the provisions of this Section 5,the District shall give, or cause to be
given,notice of the occurrence of any of the following events with respect to the Bonds,if material:
1. principal and interest payment delinquencies.
2. non-payment related defaults.
3. modifications to rights of Holders.
4. optional.,contingent or unscheduled bond calls.
5. defeasances.
6. rating changes.
7. adverse tax opinions or events affecting the tax-exempt status of the Bonds.
8. unscheduled draws on the debt service reserves reflecting financial difficulties.
9. unscheduled draws on the credit enhancements reflecting financial difficulties.
10. substitution of the credit or liquidity providers or their failure to perform.
11. release,substitution or sale of property securing repayment of the Bonds.
(b) Whenever the District obtains knowledge of the occurrence of a Listed Event,the
District shall as soon as possible determine if such event would be material under applicable federal
securities laws.
(c) If the District determines that knowledge of the occurrence of a Listed Event
would be material under applicable federal securities laws,the District shall promptly file a notice of such
occurrence with each National Repository or with the Municipal Securities Rulemaking Board, and with
the State Repository. Notwithstanding the foregoing, notice of Listed Events described in subsections
(a)(4)and(5)need not be given under this subsection any earlier than the notice(if any)of the underlying
event is given to Holders of affected Bonds pursuant to the Resolution.
SECTION 6. T inati n of Rcparting Ob igadm. The District`s obligations under this
Disclosure Certificate shall terminate upon the legal defeasance,prior redemption or payment in full of all
DOCSSF1:414799.2 A-3
of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the District shall give
notice of such termination in the same manner as for a Listed Event under Section 5(c).
SECTION 7. D is amination Agent. The District may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligations under this Disclosure Certificate, and may
discharge any such Agent, with or without appointing a successor Dissemination Agent. The
Dissemination Agent shall not be responsible in any manner for the content of any notice or report
prepared by the District pursuant to this Disclosure Certificate. The initial Dissemination Agent shall be
the District.
SECTION 8. Am n meal; Waiver. Notwithstanding any other provision of this Disclosure
Certificate, the District may amend this Disclosure Certificate, and any provision of this Disclosure
Certificate may be waived,provided that the following conditions are satisfied:
(a) If the amendment or waiver relates to the provisions of Sections 3(a),4,or 5(a),it
may only be made in connection with a change in circumstances that arises from a change in legal
requirements, change in law, or change in the identity, nature or status of an obligated person
with respect to the Bonds,or the type of business conducted;
(b) The undertaking, as amended or taking into account such waiver, would, in the
opinion of nationally recognized bond counsel, have complied with the requirements of the Rule
at the time of the original issuance of the Bonds, after taking into account any amendments or
interpretations of the Rule,as well as any change in circumstances;and
(c) The amendment or waiver either (i) is approved by the Holders of the Bonds in
the same manner as provided in the Resolution for amendments to the Resolution with the
consent of Holders, or (ii) does not, in the opinion of nationally recognized bond counsel,
materially impair the interests of the Holders or Beneficial Owners of the Bonds.
In the event of any amendment or waiver of a provision of this Disclosure Certificate, the District shall
describe such amendment in the next Annual Report, and shall include, as applicable, a narrative
explanation of the reason for the amendment or waiver and its impact on the type (or in the case of a
change of accounting principles, on the presentation) of financial information or operating data being
presented by the District.In addition,if the amendment relates to the accounting principles to be followed
in preparing financial statements, (i) notice of such change shall be given in the same manner as for a
Listed Event under Section 5(c), and (ii) the Annual Report for the year in which the change is made
should present a comparison (in narrative form and also, if feasible, in quantitative form) between the
financial statements as prepared on the basis of the new accounting principles and those prepared on the
basis of the former accounting principles.
SECTION 9. Additional Information. Nothing in this Disclosure Certificate shall be deemed
to prevent the District from disseminating any other information, using the means of dissemination set
forth in this Disclosure Certificate or any other means of communication, or including any other
information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is
required by this Disclosure Certificate. If the District chooses to include any information in any Annual
Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this
Disclosure Certificate, the District shall have no obligation under this Certificate to update such
information or include it in any future Annual Report or notice of occurrence of a Listed Event.
SECTION 10. Deaf llt. In the event of a failure of the District to comply with any provision of
this Disclosure Certificate any Holder or Beneficial Owner of the Bonds may take such actions as may be
necessary and appropriate,including seeking mandate or specific performance by court order,to cause the
DOCSSF1:414799.2 A-4
District to comply with its obligations under this Disclosure Certificate; provided, that any such action
may be instituted only in Superior Court of the State of California in and for the County of Contra Costa
or in U.S. District Court in or nearest to the County. A default under this Disclosure Certificate shall not
be deemed an Event of Default under the Resolution, and the sole remedy under this Disclosure
Certificate in the event of any failure of the District to comply with this Disclosure Certificate shall be an
action to compel performance.
SECTION 11. Duties Immunities nd Liabilities of Disscninatijm _ALcnt. The Dissemination
Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the
District agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and
agents, harmless against any loss, expense and liabilities which it may incur arising out of or in the
exercise or performance of its powers and duties hereunder, including the costs and expenses (including
attorneys fees) of defending against any claim of liability, but excluding liabilities due to the
Dissemination Agent's gross negligence or willful misconduct. The obligations of the District under this
Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds.
SECTION 12. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the
District, the Dissemination Agent, the Participating Underwriters and Holders and Beneficial Owners
from time to time of the Bonds,and shall create no rights in any other person or entity.
Date:
ACALANES UNION HIGH SCHOOL DISTRICT
By
James J.Perino
Superintendent
DOCssFI:414'799.2 A-5
e
CONTMUING DISCLOSURE EXHIBIT A
NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT
Name of District: ACALANES UNION HIGH SCHOOL DISTRICT
Name of Bond Issue: ACALANES UNION HIGH SCHOOL DISTRICT GENERAL
OBLIGATION BONDS,ELECTION OF 1997, SERIES 2000.
Date of Issuance:
NOTICE IS HEREBY GIVEN that the District has not provided an Annual Report with respect to the
above-named Bonds as required by Section 4 of the Continuing Disclosure Certificate of the District,
slated [The District anticipates that the Annual Report will be filed by
Dated:
ACALANES UNION HIGH SCHOOL DISTRICT
By
DOCSSri:41 a799.2 A-6
CONTINUING DISCLOSURE EXHIBIT B
Nationally Recognized Municipal Securities Information Repositories approved by the Securities and
Exchange Commission as of the date of the Continuing Disclosure Certificate:
Bloomberg Municipal Repository
P.O. Box 840
Princeton,NJ 08542.0840
(609)279-3200/(609)279-3204 to order documents
(609)279-5962 or(609)279-5963 (FAX)
Internet address: MUNIS@bloomberg.com
Contact: Lena Panich
Denny Information Services,Inc
Kenny Repository Service
65 Broadway, 16th Floor
New York,NY 10006
(212)770-4595
(212)797-7994(FAX)
e-mail address:joarLhorai@mcgrawhill.com
Contact: Ms.Joan Horai,Repository
Thomson NRMSIR
Municipal Disclosure
395 Hudson Street,3rd Floor
New York,NY 10014
(212)807-5001 or(800)689-8466
(212)989-2078(FAX)
Contact: Carolyn Chin
e-mail address: Disclosure@muller.com
DPC Data,Inc.
One Executive Drive
Fort Lee,NJ 07024
(201)346-0701
(201)947-0107(FAX)
Contact: NRMSIR
Internet address: nrmsir@dpcdata.com
ncacssr1:414799.7 A-1
,5. Effective Dat : This resolution shall take effect from and after its
adoption.
PASSED AND ADOPTED this day,January 18, 2000,by the following vote:
AYES: Jasper, Tobias, Wanken, Weil
NOES: none
ABSTAIN: none
ABSENT: Wood
APPROYEM
V"'�) ALj-j
fresident ofa Board of Education
of the Acalanes Union High School District
Attest:
a ✓,g
Clerk �Boayd of Education of
the A a is Urfion High School District
nocssFt:414799.2