HomeMy WebLinkAboutRESOLUTIONS - 01011999 - 1999-062 RESOLUTION NO. 99162
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF CONTRA COSTA,
CALIFORNIA
RESOLUTION AUTHORIZING AND RATIFYING THE ISSUANCE AND
SALE OF COUNTY OF CONTRA COSTA PUBLIC FINANCING
AUTHORITY LEASE REVENUE BONDS (REFUNDING AND VARIOUS
CAPITAL PROJECTS), 1999 SERIES A; AUTHORIZING AND
CONFIRMING THE FORMS ANIS THE EXECUTION OF A TRUST
AGREEMENT, A MASTER SITE LEASE, A FACILITY LEASE (VARIOUS
CAPITAL PROJECTS), A LETTER OF INSTRUCTIONS, A CONTINUING
DISCLOSURE AGREEMENT AND AN OFFICIAL STATEMENT;
RATIFYING AND CONFIRMING THE BOND PURCHASE CONTRACT;
APPROVING THE BASE RENTAL PAYMENTS UNDER SAID FACILITY
LEASE; AND APPROVING ALL ACTIONS TAKEN IN CONNECTION
THEREWITH.
WHEREAS, this Board of Supervisors (this "Board")by Resolution No. 981 618
adopted December 8, 1998, has authorized the issuance and sale of the County of Contra Costa
Public Financing Authority Lease Revenue Bonds (Refunding and Various Capital Projects),
1999 Series A(the"Bonds") in order to refund and defense certain outstanding County of Contra
Costa 1988 Certificates of Participation for Consolidated Capital Projects, Equipment
Acquisition Program and Countywide Telecommunications Network (herein called the "Prior
Certificates"), to finance certain County facilities and to pay the costs of issuing the Bonds;
WHEREAS, there has been presented to this meeting a report of the sale of the
Bonds;
WHEREAS, this Board desires to authorize, ratify and confirm the issuance and
sale of the Bonds and the execution of the following documents:
I. Trust Agreement, dated as of February 1, 1999 (the "Trust Agreement"),
by and among U.S. Bank Trust National Association, as trustee (the "Trustee"), the County of
Contra Costa Public Financing Authority(the"Authority") and the County;
2. Master Site Lease, dated as of February 1, 1999 (the "Site Lease"), by and
between the County and the Authority;
3. Facility Lease (Various Capital Projects), dated as of February 1, 1999
(the"Facility Lease"),by and between the Authority and the County;
4. Letter of Instructions, dated as of February 1, 1999 (the "Letter of
Instructions"), from the Authority and the County to the trustee for the Prior Certificates;
DOCSSF i:3303$9.2
5. Continuing Disclosure Agreement, dated as of February 1, 1999 (the
"Continuing Disclosure Agreement),by and between the County and the Trustee;
6. Official Statement relating to the Bonds (the"Official Statement"); and
7. Bond Purchase Contract, dated January 21, 1999 (the "Purchase
Contract"), among the Authority, the County and Bear, Stearns & Co. Inc. and Merrill Lynch c&
Co., as underwriters;
WHEREAS, this Board has been presented with forms of each document
numbered 1 through 5 referred to above, and this Board has examined and approved the form of
each such document and desires to authorize, ratify and confirm the issuance and sale of not to
exceed $74,685,000 aggregate principal amount of the Bonds and the execution of such
documents in substantially such forms and the consummation of such financing; and
WHEREAS, this Board has been presented with copies of documents numbered 6
and 7 referred to above, and this Board has examined each such document and desires to ratify
and confirm the execution of such documents; and
WHEREAS, the County has full legal right, power and authority under the
Constitution and the laws of the State of California to enter into the transactions described
herein;
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of the
County of Contra Costa, California, as follows.
Section. The foregoing recitals are true and correct.
Secy . The issuance and sale of the Bonds and the terms of the Bonds as
set forth in the Trust Agreement are hereby authorized,ratified and confirmed.
X12. The execution and delivery of the Trust Agreement, the Site Lease,
the Facility Lease, the Letter of Instructions and the Continuing Disclosure Agreement, each in
substantially the form presented to this Board with such changes therein as may be approved or
required by the officer of the County executing such documents, such approval to be
conclusively evidenced by the execution and delivery thereof, are hereby authorized and
confirmed.
,Section 4. The Purchase Contract in the form presented to this Board and the
execution and delivery thereof is hereby ratified and confirmed.
Section-5. The Official Statement describing the Bonds and the execution and
delivery thereof is hereby ratified and confirmed.
Sectiomb. The schedule of base rental payments set forth in EMMIT A
hereto is approved and is hereby determined to be the schedule of base rental payments to be
paid pursuant to the Facility Lease.
DOCSSF t:330389.2 2
Sectiop All actions taken or to be taken by the officers and agents of the
County with respect to the issuance and sale of the Bonds are hereby authorized, ratified and
confirmed.
oocssFI: 30389.2 3
Section. This Resolution shall take effect from and after its adoption.
PASSED AND ADOPTED this 23`d day of February, 1999.
r
an of the Board of Supervisors
ounty of Contra Costa, California
[Seal]
ATTEST: Philip J. Batchelor,Clerk of the Board
of Supervisors and County Administrator
By
Depu Clerk of the Board of Supervisors
of the County of Contra Costa,
State of California
DOCSSF 1:330389.2
.._AHIR1T A--atass Rental Payment gOhadLtr
County of Contra Costa Public Financing Authority
Loase Revenue Bonds
(Refunding and Various Capital Projects),
1999 Series A
Total
Date 611199 Ras(
2,429,9'34.17
1211199 1,708,931.25
611100 3,916,931.25 5,623,862.50
1211100 1,662,731.25
6/1/01 4,322,731.25 5,985,462.50
12/i/Ol 1,609,531.25
6li/02 4,374,531.25 5,964,062.50
12/1102 1,854,231.25
811103 4,439,231.25 5,993,462.50
1711103 1,496,531.25
611/04 4,496,531.25 5,993,062,50
12/1104 1,436,531.25
6/1105 4,551,531.25 5,988,062.50
1211105 1,374,231.25
611/06 4,609,231.25 5,983,462.50
1211106 1,309,531.25
611107 4,674,531.25 5,984,062.50
1211107 1,242,231.25
611108 4,747,231.25 5,989,462.50
i 2li/08 1,154,606.25
611109 3,759,606,25 4,914,212.50
1211109 1,099,901.25
6/1110 3,824,901.25 4,924,802.50
1211110 1,041,995.00
6/1111 3,876,995.00 4,918,990.00
12/1111 979,625.00
66112 3,944,625.00 4,924,250.00
1211112 901,793.75
611113 4,016,793.75 4,918,567,50
1211113 820,025.00
6/1/14 4,100,025.00 4,920,050.00
12/1114 733,925.00
wi/15 4,186,925.00 4,922,850.00
12/1/15 643,231.25
611116 4,273,231.25 4,916,462.50
1211116 $47,943.75
611/17 1,937,943.75 2,485,887.50
i2liti7 $14,931.25
611/1$ 1,969,931.25 2,484,662.50
12/1/18 480,375.00
6/i/19 2,005,375.00 2,485,750.00
'1211119 442,2150,00
611/20 2,042,250.00 2,484,500.00
1211120 402,250.00
611121 2,087,250.00 2,489,500.00
1211121 360,125.00
611122 2,130,125.00 2,490,250.00
12/1122 315,875.00
611123 2,170,875.00 2,486,750.00
1211123 269,500.00
6H/24 2,219,500.00 2,469,000.00
1211124 220,750.00
611125 2,270,750.00 2,491,500.00
12/1/25 169,500.00
611126 2,319,500.00 2,489,000.00
121`1126 1`151750.00
611/27 2,375,750.00 2,491,500.00
1211/27 59,250.00
61il26 2,429,250.00 2,488,500.00
Total 125,172,121,67 `1211,i7Z,121.67
CLERK'S CERTIFICATE
I, Ann Cervelli, Deputy Clerk of the Board of Supervisors of the County of
Contra Costa,hereby certify as follows:
The foregoing is a full, true and correct copy of a resolution duly adopted at a
regular meeting of the Board of Supervisors of said County duly and regularly held at the regular
meeting place thereof on the 23`d day of February, 1999, of which meeting all of the members of
said Board of Supervisors had due notice and at which a majority thereof were present; and at
said meeting said resolution was adopted by the following vote:
AP'Ir" Supervisors Gioia, Uilkema, Gerber, DeSaulnier and Canciamilla
AIN: None
NOES: None
ABSENT: None
An agenda of said meeting was posted at least 96 hours before said meeting at
6 51 P i n e S t . ,Martinez,California, a location freely accessible to members of the public,
and a brief general description of said resolution appeared on said agenda.
I have carefully compared the same with the original minutes of said meeting on
file and of record in my office; the foregoing resolution is a full, true and correct copy of the
original resolution adopted at said meeting and entered in said minutes; and said resolution has
not been amended, modified or rescinded since the date of its adoption, and the same is now in
full force and effect.
WITNESS my hand and the seal of the County of Contra Costa this 23rdday of
February, 1999.
OA'A4a&
Deputy Clerk
of the Board of Supervisors
of the County of Contra Costa,
State of California
[Seal]
DOCSSF 3:334389.2
AFFIDAVIT OF POSTING OF AGENDA
STATE OF CALIFORNIA }
} ss.
COUNTY OF CONTRA COSTA }
Cynthia Turner hereby declares that s he is a citizen of the United States of
America, over the age of 18 years; that acting for the Board of Supervisors of the County of
Contra Costa she posted on Februaryl8 , 1993, at 651 Pine St ., Martinez, California, a
location freely accessible to members of the public, an agenda for the regular meeting of the
Board of Supervisors of Contra Costa County to be held on February 23, 1999, a copy of which
is attached hereto.
Dated: February 2 3, 1999.
I declare under penalty of perjury that the foregoing
is true and correct.
Cy hia Sue Turner
nnCssFI:330389.2