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HomeMy WebLinkAboutMINUTES - 04071992 - 1.13 (2) Y ® 13 TO: BOARD OF SUPERVISORS Contra FROM: Jim Kennedy Costa Deputy Director - Redevelopment COun}, , co J DATE: April 7 , 1992 rA'c uri SUBJECT: Establishment of Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) SPECIFIC REQUEST(S) OR RECOMMENDATIONS (S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS Adopt Resolutions expressing the intention to (1) establish a Mello- Roos Community Facilities District in the Pleasant Hill BART Station Area; and (2) to incur bonded indebtedness, secured by the Mello-Roos special tax, to finance the costs of specified public improvements. FISCAL IMPACT None. No General Fund monies are involved. The County will be paid for costs incurred in the formation process, in the issuance of bonds, and for annual administration of the special tax. BACKGROUND/REASONS FOR RECOMMENDATIONS A Mello-Roos Community Facilities District (CFD) may be formed to finance facilities ' and services necessary due to growth and development (Government Code Section 53311 et sea) . Bonds issued by a CFD are secured solely by a levy of special taxes approved by a V3 vote of the landowners in an unoccupied district. CONTINUED ON ATTACHMENT: ` X YES . SIGNATURE: �O/ G��I�uDJ RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDN OF BOARD COMMIT E APPROVE OTHER I7 SIGNATURE(S) : •ACTION OF BOARD ON APPROVED AS RECOMMENDED >C OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A X UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN AYES: NOES: ACTION TAKEN AND ENTERED ON THE ABSENT: ABSTAIN: MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN. cc: County Administrator ATTESTED_ _ 71 P9 Auditor-Controller HI BATCHELOR, CLERK OF Community Development THE BOARD OF SUPERVISORS Redevelopment Agency AND COUNTY ADMINISTRATOR Via Community Development %29���C�.e� Jones, Hall, Hill & White BY (i , DEPUTY Developers SRA23/jb/cfd.bos The County has received petitions requesting that the Board of Supervisors establish a CFD in the Pleasant Hill BART Station Area. Petitions have been received from: (1) Oak Hill Capital Corporation; (2) Bank of the West; and (3) Thomas Properties The property owners would be financing their child care obligations indirectly through this CFD by financing County capital projects, in exchange for which the County would place an identical amount of funds into the Contra Costa Centre Child Care account. The Board of Supervisors will be required to hold a public hearing prior to adopting a Resolution of formation, a Resolution of Necessity to Incur Indebtedness, and a Resolution Calling Election. This noticed hearing is scheduled before your Board on May 12, 1992 . �^ 13052-16 JHHW:PJT:slc 03/17/92 J9488 04/02/92 RESOLUTION NO. 92/198 A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL, TAXES PURSUANT TO THE MELI.O-ROOS COMMUNI'T'Y FACILITIES ACT OF 1982 County of Contra Costa - - Community Facilities District No.1992-1 (Pleasant Hill BART Station Area) RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has received written petitions (collectively, the "Petitions") from the owners of not less than ten percent (10%) of the area of land proposed to be included within a community facilities district (the "District"), the proceedings for the formation of which District are as hereafter provided; and WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this Board of Supervisors is the legislative body for the proposed District and is empowered with the authority to establish the District; and WHEREAS, this Board of Supervisors now desires to proceed with the establishment of the District. NOW,THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. This Board of Supervisors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. Section 2. The name proposed for the District is County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Clerk of the Board,' which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Clerk of the Board is hereby directed to record, or cause to be recorded, a map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 10 below. Section 4. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the "Facilities"). Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the RESOLUTION NO. 92/198 F . r District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. Section 6. It is the intention of this Board of Supervisors acting as-the legislative body for the District to cause bonds of the County to be issued for the District pursuant to the Act to finance in whole or in part the acquisition of the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $455,500, shall bear interest payable semi-annually or in such other manner as this Board shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. The levy of said proposed special tax shall be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. Section 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the County, or any departments or political subdivisions thereof,shall be omitted from the levy of the special - tax to be made to cover the costs and expenses of the Facilities and the District. Section 9. The Director of Public Works of the County, as the officer having charge and control of the Facilities,in and for the District or his designee, or the Deputy Director- Redevelopment or his designee, is hereby directed to study said proposed Facilities and to make, or cause to be made, and file with the Clerk of the Board a report in writing, presenting the following: (a) A description of the Facilities by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of acquiring the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection with said acquisition, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. Section 10. Tuesday, May 12, 1992, at 11:00 a.m., in the Board Chambers, Room 107, 651 Pine Street, Martinez, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the establishment of the District and consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special taxes. t Section 11. The Clerk of the Board or the Deputy Director - Redevelopment is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 12. The County proposes to repay certain landowners within the District, solely from the proceeds of bonds of the County issued for the District, funds advanced by such landowners to pay costs of the County to form the District, all as more particularly described in an Agreement Regarding Advances, between the County and such landowners. Section 13. The firm of Jones Hall Hill & White, A Professional Law Corporation, is hereby designated as bond counsel for the District and any bonds at the County for the District, and the firm of David Taussig and Associates, Inc. is hereby designated as special tax consultant to the County for the District. The Deputy Director - Redevelopment is hereby authorized to execute agreements with said firms for their services related to the District, in form and substance acceptable to the Deputy Director - Redevelopment. I hereby certify that the foregoing Resolution was duly adopted by the Board of Supervisors of Contra Costa County, California, at a regularly scheduled meeting thereof, held on the 7th day of April , 1992, by the following vote of the Board: AYES: Supervisors Powers , Fanden, Torlakson, McPeak NOES: None ABSENT: Supervisor Schroder ATTEST: Phil Batchelor, Clerk of_the Board of Supervisors and County Administrator By-_ (: Deputy — EXIMIT A DESCRIPTION OF FACILITIES TO BE FINANCED BY THE DISTRICT County of Contra Costa -- Community Facilities District No.1992-1 (Pleasant Hill BART Station Area) FACILITIES All or a portion of the cost of the purchase, construction, expansion, improvement or rehabilitation of any of the facilities listed in Contra Costa County's 1992 Capital Projects, Capital Program Plan, with a useful life of five years or longer, including but not limited to any planning and design work related thereto. OTHER Bond related expenses, including capitalized interest, bond counsel, administrative fees of the County of Contra Costa and the Bond fiscal agent related to the District and the Bonds, and all other incidental expenses. A-1 EXHIBIT B County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) Rate and Method of Apportionment of Special Tax A special tax applicable to each Parcel in the County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) (the "CFD") shall be levied and collected according to the tax liability determined by the Responsible Party pursuant to the direction of the Board of Supervisors (the "Board") of the County of Contra Costa for the CFD, through the application of the appropriate amount or rate for each Parcel, as described below. All of the real property in the CFD, unless exempted by law or Section G below, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: "Administrative Expenses" means the actual or estimated costs incurred by the CFD to determine, levy and collect the special taxes, including salaries of employees and the fees of consultants, corporate bond-paying agents, fiscal agents, and bond trustees; the costs of collection, upon the general tax rolls, of the special taxes; preparation of required reports; and any other costs required to administer the CFD. "APN" means an assessor's parcel number designated on the Fiscal Year 1991-92 Contra Costa County assessor's parcel map. "Bonds" means any bonds issued by the County of Contra Costa for the CFD under the Fiscal Agent Agreement, the principal of and premium, if any, and interest on which are payable from or secured by a pledge of the special taxes. "Delinquency Tax Requirement" means the amount necessary to cure any delinquencies in the payment of principal or interest on the Bonds which have- occurred in the prior Fiscal Year or (based on delinquencies in the payment of special taxes which have already taken place) are expected to occur in the Fiscal Year in which the tax will be collected, and to replenish the reserve fund for such Bonds to the reserve requirement (including, with respect to the replenishment, charges against the reserve fund for such Bonds which are expected in the future because of delinquencies in the payment of special taxes which have already taken place). "Fiscal Year" means the period starting on July 1 and ending the following June 30. Contra Costa County CFD No. 1992-1 Rate and Method of Apportionment Page 2 "Maximum Special Tax" means the maximum special tax, determined in accordance with Section C, that can be levied on each Parcel within the CFD in any Fiscal Year pursuant to this Rate and Method of Apportionment of Special Tax. "Parcel" means a parcel of property as recorded by the Contra Costa County Recorder or as shown and numbered on the applicable Contra Costa County assessor's parcel map(s) for each property within the boundaries of the CFD. "Responsible Party" shall be the person designated.by the Board to administer the special tax according to this Rate and Method of Apportionment of Special Tax. "Special Tax Requirement" means that amount of revenue necessary in the applicable Fiscal Year, as determined by the Responsible Party, to pay debt service on the Bonds in the calendar year which begins in such Fiscal Year, and to pay Administrative Expenses. "Taxable Property" is all of the area within the boundaries of the CFD which is not exempt from the special tax under law or Section G below. "Total Zone Tax" means the amount of tax responsibility applicable to each zone after assignment of that zone's Special Tax Requirement and Delinquency Tax Requirement as determined under Section D below. "Zone 1" means the Parcel designated by APN 148-202-057 and any Parcel subsequently formed by the subdivision of this Parcel. "Zone 2" means the Parcel designated by APN 148-221-033, and any Parcel subsequently formed by the subdivision of this Parcel. "Zone 3" means the Parcel designated by APN 172-031-023, and any Parcel subsequently formed by the subdivision of this Parcel. "Zone 4" means the Parcel designated by APN 172-031-024, and any Parcel subsequently formed by the subdivision of this Parcel. B. ASSIGNMENT TO SPECIAL TAX ZONE On or about July 1 of each year, all Taxable Property within the CFD shall be subject to the Maximum Special Tax in accordance with the rate and method of apportionment described in Sections C, D, and E below. Contra Costa County CFD No. 1992-1 Rate and Method of Apportionment Page 3 APNs identified for each zone are identified on the Fiscal Year 1991-92 Contra Costa County assessor's parcel map. If any of the APNs identified become invalid in future Fiscal Years, or if the Parcels are subdivided and/or combined to form new APNs, the special taxes identified in Table 1 shall continue to apply to all Parcels within the CFD based on the Fiscal Year 1991-92 APN that would have applied to that area. The Responsible Party shall be required to maintain an annual record of APNs that will clearly identify the Fiscal Year 1991-92 APNs and all future activity related to those APNs, including a history of successor Parcels. In making the computations set forth in Section C, and in determining the Maximum Special Tax for Taxable Property within the CFD, on July 1, 1993 and on each July 1 thereafter, the Maximum Special Tax for each Parcel set forth in Table 1 shall be increased to an amount equal to 102% of the amount in the prior Fiscal Year. C. MAXIMUM SPECIAL TAX RATE TABLE 1 Maximum Special Taxes Zones 1, 2, 3 and 4 of CFD No. 1992-1 Fiscal Year 1991-92 Fiscal Year 1992-93 Zone APN Maximum Special Tax 1 148-202-057 $3,024 2 148-221-033 $6,047 3 172-031-023 $3,617 4 172-031-024 $3,617 * Such amounts to increase each subsequent Fiscal Year to an amount equal to 102% of the amount in the prior Fiscal Year. . D. DETERMINATION OF ANNUAL AGGREGATE LEVY WITHIN EACH ZONE The Special Taxes to be levied annually within Zone 1, Zone 2, Zone 3, and Zone 4 shall be calculated by: Contra Costa County CFD No. 1992-1 Rate and Method of Apportionment Page 4 1. Determining the Special Tax Requirement for the Fiscal Year; 2. Assigning responsibility for the Special Tax Requirement in the following proportions: 18.55% to Zone 1, 37.00o' to Zone 2, 22.18% to Zone 3, and 22.18% to Zone 4; 3. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 1 and adding that amount to the 18.55% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 1; 4. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 2 and adding that amount to the 37.09% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 2; 5. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 3 and adding that amount to the 22.18% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 3. 6. Determining the Delinquency Tax Requirement attributable to special tax delinquencies in Zone 4 and adding that amount to the 22.18% of the Special Tax Requirement to calculate the Total Zone Tax for Zone 4. E. METHOD OF APPORTIONMENT TO PARCELS The special tax assigned to each zone shall be the sole responsibility of the properties within that zone. In no event shall any zone be required to provide any special tax revenues to fulfill the Special Tax Requirement of any other zone. A special tax shall be levied annually on each Parcel of Taxable Property in the CFD to satisfy the Total Zone Tax.for each Zone. The special tax shall be levied on each Parcel to pay the Total Zone Tax assigned to each Zone, up to 100% of the Maximum Special Tax for each Zone, determined by reference to Table 1 in Section. C, above. F. PREPAYMENTS Any property owner in the CFD who desires to prepay the special tax on a particular Assessor's Parcel shall notify the Responsible Party in writing of such intention and determine, or cause to be determined, the amount of prepayment no more than sixty (60) days and no less than thirty (30) days prior to date of such prepayment (the "Prepayment Date"). The Prepayment Date must be on or before June 1 to avoid Contra Costa County CFD No. 1992-1 Rate and Method of Apportionment Page 5 the levy of a special tax on the Assessor's Parcel in the following Fiscal Year. A special tax will be levied in the following Fiscal Year on Assessor's Parcels for which a Prepayment Date is to occur after June 1 and such prepayment amount will include the special tax amount levied on the Parcel in that Fiscal Year. Upon payment of the tax bill for that Parcel, the additional amount collected will be reimbursed to the party who deposited the prepayment amount.. The prepayment formula is defined as follows: P = (BPO x STAi) + I + F where P = Prepayment Amount BPO = Bond Principal Outstanding STAi = Special Tax Allocation for Zone i (i.e. 18.55% for Zone 1,37.09% for Zone 2, 22.18% for Zone 3, and 22.18% for Zone 4) I = Interest accruing on Bond Principal Outstanding until next scheduled bond call date. F = Prepayment Fees "Prepayment Fees" shall mean the sum of (i) the costs of the County and any consultants retained by the County for the CFD in connection with the prepayment calculation and Bond_redemption and (ii) a prepayment premium equal to any redemption premium for an optional redemption of the Bonds as of the Prepayment Date. In addition, any property owner prepaying his or her special taxes must also pay all delinquent special taxes, interest and penalties owing on the zone on which payment is being made, if any. G. LIMITATIONS Notwithstanding any other provision of this Rate and Method of Apportionment of the Special Tax, no special taxes shall be levied on land conveyed or irrevocably offered for dedication to a public agency, except as otherwise provided in Sections 53317.3 and 53317.5 of the Mello-Roos Community Facilities Act of 1982. In no event shall a special tax be levied on land which is a public right of way or which is an unmanned utility property or a property encumbered with public or utility easements making impractical its utilization for other than the purpose set forth in the easement. No special tax shall be levied on any Parcel in any Fiscal Year which is in excess of the Maximum Special Tax for such Parcel for such Fiscal Year. Contra Costa County CFD No. 1992-1 Rate and Method of Apportionment Page 6 H. MANNER OF COLLECTION The special taxes for the CFD shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that the CFD may collect special taxes at a different time or in a different manner if necessary to meet its financial obligations. April 2,1992\cc92rma EDIT C NOTICE OF PUBLIC HEARING County of Contra Costa Community Facilities District No. 1992.1 (Pleasant Hill BART Station Area) Notice"is hereby given that on April 1992, the Board of Supervisors of the County of Contra Costa adopted a Resolution entitled "A Resolution of Intention To Establish A Community Facilities District And To Authorize The Levy Of Special Taxes Pursuant To The Mello-Roos Community Facilities Act Of 1982". Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the Board of Supervisors hereby gives notice as follows: A. The text of said Resolution of Intention is as follows: RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has received written petitions (collectively, the "Petitions") from the owners of not less than ten percent (10%) of the area of land proposed to be included within a community facilities district (the "District"), the proceedings for the formation of which District are as hereafter provided; and WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code, this Board of Supervisors is the legislative body for the proposed District and is empowered with the authority to establish the District; and WHEREAS, this 'Board of Supervisors now desires to proceed with the establishment of the District. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. This Board of Supervisors proposes to conduct proceedings to establish a community facilities district pursuant to the Act. Section 2. The name proposed for the District is County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area). Section 3. The proposed boundaries of the District are as shown on the map of the District on file with the Clerk of the Board, which boundaries are hereby preliminarily approved and to which map reference is hereby made for further particulars. The Clerk of the Board is hereby directed to record, or cause to be recorded, a map of the boundaries of the District in the office of the County Recorder within fifteen days of the date of adoption of this Resolution, but in any event at least fifteen days prior to the public hearing referred to in paragraph 10 below. Section 4. The type of public facilities proposed to be financed by the District and pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto and by this reference incorporated herein (the "Facilities"). C-1 Section 5. Except to the extent that funds are otherwise available to the District to pay for the Facilities and/or the principal and interest as it becomes due on bonds of the District issued to acquire the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District, is intended to be levied annually within the District, and collected in the same manner as ordinary ad valorem property taxes. The proposed rate and method of apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the proposed District to estimate the maximum amount such owner will have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein. Section 6. It is the intention of this Board of Supervisors acting as the legislative body for the District to cause bonds of the County to be issued for the District pursuant to. the Act to finance in whole or in part the acquisition of the Facilities. Said bonds shall be in the aggregate principal amount of not to exceed $455,500, shall bear interest payable semi-annually or in such other manner as this Board shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and shall mature not to exceed 40 years from the date of the issuance thereof. Section 7. The levy of said proposed special tax shall-be subject to the approval of the qualified electors of the District at a special election. The proposed voting procedure shall be by mailed or hand-delivered ballot among the landowners in said proposed District, with each owner having one vote for each acre or portion of an acre such owner owns in the District. Section 8. Except as may otherwise be provided by law or by the rate and method of apportionment of the special taxes for the District, all lands owned by any public entity, including the United States, the State of California and/or the County, or any departments or political subdivisions thereof, shall be omitted from the levy of the special tax to be made to cover the costs and expenses of the Facilities and the District. Section 9. The Director of Public Works of the County, as the officer having charge and control of the Facilities in and for the District or his designee, or the Deputy Director - Redevelopment or his designee, is hereby directed to study said proposed Facilities and to make, or cause to be made, and file with the Clerk of the Board a report in writing, presenting the following: (a) A description of the Facilities by type which will be required to adequately meet the needs of the District. (b) An estimate of the fair and reasonable cost of acquiring the Facilities including the cost of acquisition of lands, rights-of-way and easements, any physical facilities required in conjunction therewith and incidental expenses in connection with said acquisition, including the costs of the proposed bond financing and all other related costs as provided in Section 53345.3 of the Act. Said report shall be made a part of the record of the public hearing provided for below. Section 10. Tuesday, May 12, 1992, at 11:00 a.m., in the Board Chambers, Room 107, 651 Pine Street, Martinez, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the establishment of the District and C-2 < consider and finally determine whether the public interest, convenience and necessity require the formation of the District and the levy of said special taxes. Section 11. The Clerk of the Board or the Deputy Director - Redevelopment is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. Said notice shall be substantially in the form of Exhibit C hereto. Section 12. The County proposes to repay certain landowners within the District, solely from the proceeds of bonds of the County issued for the District, funds advanced by such landowners to pay costs of the County to form the District, all as more particularly described in an Agreement Regarding Advances, between the County and such landowners. Section 13. The firm of Jones Hall Hill & White, A Professional Law Corporation, is hereby designated as bond counsel for the District and any bonds at the County for the District, and the firm of David Taussig and Associates, Inc. is hereby designated as special tax consultant to the County for the District. The Deputy Director - Redevelopment is hereby authorized to execute agreements with said firms for their services related to the District, in form and substance acceptable to the Deputy Director Redevelopment. B. The time and place established under said Resolution for the public hearing required under the Act are Tuesday, May 12, 1992, at the hour of 11:00 a.m., in the Board Chambers, Room 107, 651 Pine Street, Martinez, California. C. At said hearing, the testimony of all interested persons or taxpayers for or against the establishment of the district, the extent of the district or the furnishing of the specified types of facilities will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If the owners of one-half or more of the area of land in the territory proposed to be included in the district file written protests against the establishment of the district and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Board of Supervisors shall take no further action to establish the district for period of one year from the date of said hearing, and if the majority protests of the landowners are only against the furnishing of a type or types of facilities within the district, or against levying a specified special tax, those types of facilities or the specified special tax will be eliminated from the proceedings to form the district. D. The proposed voting procedure shall be by 'special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the district. Dated: 91992 By: /s/ James Kennedy Deputy Director- Redevelopment C-3 (,i30 (3 . .b r 13052-16 JHHW:PJT: slc 03/17/92 JM9 04/02,192 J RESOLUTION NO. 92/199 A RESOLUTION OF INTENTION TO INCUR,BONDED INDEBTEDNESS OF THE PROPOSED COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 1992-1 (PLEASANT HILL BART STATION AREA)PURSUANT TO THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 County of Contra Costa Community Facilities District No.1992-1 (Pleasant Hill BART Station Area) RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, this Board of Supervisors has this date adopted its Resolution entitled "A Resolution of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing certain public improvements (the "Facilities"), as further provided in said Resolution; and WHEREAS, this Board of Supervisors estimates the amount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed $455,500; and . WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $455,500. NOW,THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) (the "District") in the amount of not to exceed $455,500 to finance a portion of the costs of the Facilities. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the acquisition of the Facilities, including acquisition costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. Section 3. This Board of Supervisors, acting as legislative body for the District, intends to authorize the issuance and sale of bonds in the maximum aggregate principal amount of not to exceed$455,500, bearing interest payable semi-annually or in such other manner as this Board of Supervisors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of RESOLUTION NO. 92/199 Ir such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. Section 4. Tuesday, May 12, 1992, at 11:00 a.m., in the Board Chambers, Room 107, 651 Pine Street, Martinez, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the County for.the District. Section 5. The Clerk of the Board or the Deputy Director - Redevelopment is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. I hereby certify that the foregoing Resolution was duly adopted by the Board of Supervisors of Contra Costa County, California, at a regularly scheduled meeting thereof, held on the 7th day of April 1992, by the following vote of the Board: AYES: Supervisors Powers, Fah.den, Torlakson, McPeak NOES: None ABSENT: Supervisor Schroder ATTEST: Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By. Deputy -2- ITA NOTICE OF PUBLIC NEAR NG County of Contra Costa Community Facilities District No.1992-1 (Pleasant Hill BART Station Area) Notice is hereby given that on April 7, 1992, the Board of Supervisors of the County of Contra Costa adopted a Resolution entitled "A Resolution of Intention To Incur Bonded Indebtedness of the Proposed County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) Pursuant To The Mello-Roos Community Facilities Act of 1982". Pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act") the Board of Supervisors hereby gives notice as follows: A. The text of said Resolution is as follows: RESOLVED by the Board of Supervisors of the County of Contra Costa (the "County") that:. WHEREAS, this Board of Supervisors has this date adopted its Resolution entitled "A Resolution of Intention to Establish a Community Facilities District and To Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Community Facilities Act of 1982", stating its intention to form a community facilities district pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose of financing certain public improvements (the "Facilities"), as further provided in said Resolution; and -- WHEREAS, this Board of Supervisors estimates the amount required for the financing of a portion of the costs of the Facilities to be the sum of not to exceed $455,500;and WHEREAS, in order to finance a portion of the costs of said Facilities it is necessary to incur bonded indebtedness in the amount of not to exceed $455,500. NOW, THEREFORE, IT IS HEREBY ORDERED as follows: Section 1. It is necessary to incur bonded indebtedness within the boundaries of the proposed County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) (the "District") in the amount of not to exceed $455,500 to finance a portion of the costs of the Facilities. Section 2. The bonded indebtedness is proposed to be incurred for the purpose of financing the costs of the acquisition of the Facilities, including acquisition costs and all costs incidental to or connected with the accomplishment of said purposes and of the financing thereof, as permitted by Section 53345.3 of the Act. A-1 1 r Section 3. This Board of Supervisors, acting as legislative body for the District, intends to authorize the issuance and sale.,of bonds in the maximum aggregate principal amount of not to exceed $455,500, bearing int6rest payable semi-annually or in such other manner as this Board of Supervisors shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at the time of sale of such bonds, and maturing not to exceed 40 years from the date of the issuance of said bonds. Section 4. Tuesday, May 12, 1992, at 11:00 a.m., in the Board Chambers, Room 107, 651 Pine Street, Martinez, California, be, and the same are hereby appointed and fixed as the time and place when and where this Board of Supervisors, as legislative body for the District, will conduct a public hearing on the proposed debt issue and consider and finally determine whether the public interest, convenience and necessity require the issuance of bonds of the County for the District. Section 5. The Clerk of the Board or the Deputy Director - Redevelopment.is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation circulated within the District. The publication of said notice shall be completed at least seven (7) days before the date herein set for said public hearing. Said notice shall substantially in the form of Exhibit A hereto. B. The hearing referred to in the aforesaid Resolution shall be at the time and place specified in said Resolution. C. At that time and place any person interested, including persons owning property in the area of the proposed community facilities district, will be heard upon the proposed debt issue. Dated: '1992 /s/ James Kennedv Deputy Director- Redevelopment A-2