HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-246 RESOLUTION No . 20 0 1 /246
A RESOLUTION DETERMINING NECESSITY TO INCUR BONDED
INDEBTEDNESS
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
RESOLVED, by the Board of Supervisors (the "Board") of the County of Contra Costa
(the"County"), State of California as follows:
WHEREAS, On May 1, 2001, this Board adopted a resolution entitled "A Resolution of
Intention to Establish a Community Facilities District" (the "Resolution of Intention") stating
its intention to form the County's Community Facilities District No. 2001-1 (Norris Canyon)
(the "CFD"), pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part
1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code
(the "Act"); and
WHEREAS, On May 1, 2001, this Board also adopted a resolution entitled "A
Resolution of Intention to Incur Bonded Indebtedness (the "Resolution of Intention to Incur
Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the
CFD for the purpose of financing the costs of certain facilities specified in the Resolution of
Intention; and
WHEREAS, This Board has held a noticed public hearing as required by the Act about
the determination to proceed with the formation of the CFD, the provision of certain defined
facilities (the "Facilities") by the CFD and the rate and method of apportionment of the special
tax to be levied within the CFD to pay the principal and interest on the proposed bonded
indebtedness in the CFD and the administrative costs of the County relative to the CFD; and
WHEREAS, Subsequent to the public hearing, this Board adopted a resolution entitled
"A Resolution of Formation of Community Facilities District" (the "Resolution of Formation");
and
WHEREAS, This Board has also held a noticed public hearing as required by the Act
relative to the matters material to the questions set forth in the Resolution of Intention to Incur
Indebtedness; and
WHEREAS, No written protests with respect to the matters material to the questions set
forth in the Resolution of Intention to Incur Indebtedness have been filed with the Clerk of the
Board;
W:Personal\EMAILDOCS\Resolu tion.norriscanyon.6.01
NOW, THEREFORE, BE IT RESOLVED, As follows:
1. Recitals. The foregoing recitals are true and correct.
2. Necessity. This Board deems it necessary to incur bonded indebtedness in the
maximum aggregate principal amount of $7,220,000 within the boundaries of the CFD for the
purpose of financing the costs of the Facilities, as provided in the Resolution of Intention and
the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds
to finance the Facilities and the costs of the County in establishing and administering the CFD.
3. Entire CFD Liable. The whole of the CFD shall pay for the bonded indebtedness
through the levy of the special tax. The tax is to be apportioned in accordance with the formula
set forth in Exhibit"B" to the Resolution of Formation.
4. Bonds. Bonds in the maximum amount of $7,220,000 are hereby authorize
subject to voter approval. The bonds may be issued in such series and mature and bear interest
at such rate or rates, payable semiannually or in such other manner, all as this Board or its
designee shall determine, at the time or times of sale of such bonds; provided, however, that
the interest rate or rates shall not exceed the maximum interest rate permitted by applicable
law at the time of sale of the bonds and the bonds or any series thereof shall have a maximum
term of not to exceed forty years.
5. Election. The proposition of incurring the bonded indebtedness herein
authorized shall be submitted to the qualified electors of the CFD and shall be consolidated
with elections on the proposition of levying special taxes within the CFD and the establishment
of an appropriations limit for the CFD pursuant to Section 53353.5 of the Act. The time, place
and further particulars and conditions of such election shall be as specified by separate
resolution of this Board.
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6. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the
County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote
to wit:
AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILK]ENjA
NOES: NONE
ABSENT: NONE
Chair
ATTEST: JUNE 51 2001
John Sweeten
County Administrator and Clerk of the
Board of Supervisors
By:
Dep ty 0
erk
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