HomeMy WebLinkAboutMINUTES - 05121992 - H.4 Contra
TO: BOARD OF SUPERVISORS /x s Costa
FROM: Harvey E. Bragdony^. ' s' County
Director of Community Development
DATE: May 12, 1991
SUBJECT: Proceedings to establish County of Contra Costa Community Facilities
District No. 1992-1 (Pleasant Hill BART Station Area)
SPECIFIC REQUEST(S) OR RECOMMENDATIONS'(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
A) Establish Contra Costa County Community Facilities District No.
1992-1 (Pleasant Hill BART Station Area) by completing the
following actions and adopting the following resolutions:
1. HOLD HEARING on the establishment of the Community Facilities
District ("District") , its levy of special taxes and the need
to incur bonded indebtedness.
2 . ADOPT RESOLUTION of formation, authorizing the levy of a
special tax and submitting said levy an& the establishment of
the District to the qualified electors of the District.
3 . ADOPT RESOLUTION determining the necessity to incur bonded
indebtedness and submit said proposition to the qualified
electors of the District.
4 . ADOPT RESOLUTION calling for a special election.
5. HOLD SPECIAL ELECTION. ..,
6. CANVASS SAID ELECTION.
CONTINUED ON ATTACHMENT: X, YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECODATION BOARD CO TTEE
APPROVE OTHER
7
SIGNATURE(S) :
ACTION OF BOARD ON421
APPROVED AS RECOMMENDED ,>c OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: _X ?7 NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
cc: Community Development
ATTESTED
PHIL BATIdHELOR, CLERK OF
THE BOARD OF SUPERVISORS
AND COUNTY ADMINISTRATOR
BY DEPUTY
Ra53/jb/csd91-1.bos
N
7. ADOPT RESOLUTION declaring results of the special election.
8 . HOLD FIRST READING of an ordinance levying said special taxes
within the District.
9. ADOPT RESOLUTION authorizing the issuance of special tax bonds
and actions related thereto.
B) Related to the child care mitigation program at Contra Costa
Centre:
1. AUTHORIZE the transfer of up to $170, 000 from the Plant
Acquisition Budget Unit 0111 to the Child Care Affordability
Fund Org #4405, Account #4348.
2 . AUTHORIZE Auditor-Controller to request up to $170, 000 from
the Trustee for bond proceeds of the Community Facilities
District to reimburse Plant Acquisition- Budget Unit 0111, Org
#4405, Account #4348.
FISCAL IMPACT
The Mello-Roos proceedings involve the establishment of a special tax.
This levy of special taxes provides all funds to debt service bonds and
to pay administrative costs. No general funds are involved. .
BACKGROUND/REASONS FOR RECOMMENDATIONS
A) On April 7, 1992 , the Board of Supervisors adopted a Resolution of
Intention (Resolution No. 92/198) to establish a community
facilities district-and to authorize the levy of special taxes for
- a community facilities district in the Pleasant Hill BART Station
Area. The District includes three property owners in the Pleasant
Hill BART Station Area: (1) Oak Hill Capital Corporation, the
owners of 3000 Oak Road; (2) Walnut View Properties, the owners of
3100 Oak Road; and (3) Union Bank, trustee for GE Capital
Corporation and Pacific Bell, the owners of the Bank of the West
building at 1450 Treat Blvd.
Mello-Roos Community Facilities Districts are created pursuant to
Section 53311 et seq of the California Government Code. Bonds
issued by a Community Facilities District are secured by a levy of
special taxes, which must be approved by 2/3 of the landowners
within the proposed district (when a district is occupied by 12 or
fewer registered voters) . The proposed District contains no/
registered voters. State law provides for noticing of a public
hearing on the establishment of the district, and an opportunity
for the filing of protests prior to consideration of forming the
district. This "protest hearing" is scheduled as part of your May
12, 1992 agenda. Staff has been working closely with the property
owners and does not expect any of the participants to protest.
Upon conclusion of the protest hearing, the Board will consider
adoption of a resolution forming the district and a, resolution
determining the necessity to incur bonded indebtedness. It will
then adopt a resolution calling for the required special election.
The special election will be held as part of the proceedings before
the Board of Supervisors on May 12 . Once the election results have
been canvassed, the Board will adopt a resolution declaring the
results of this special election, order a first reading of an
ordinance levying the special taxes within the district and adopt
a resolution authorizing the issuance of special tax bonds in an
amount not to exceed $455, 000.
t
B) Child Care Component - Contra Costa Centre Association members.
The three participating property owners are members of the Contra
Costa Centre Association. They will be financing their child care
obligations indirectly through this Community Facilities District
by contributing to the establishment of the Child Care
Affordability Fund. Interest from the Fund can be used to assist
in the subsidization of the costs of child care for qualified
parents. Employees and tenants of projects in the Contra Costa
Centre Association are eligible to request such subsidy assistance
from the Fund. The principal amount of the Fund may be used for
eligible activities specified under the County's Child Care
Ordinance or to be specified in a child care mitigation program
developed by the Contra Costa Centre Association and approved by
the County. The administration and eligibility criteria for child
care subsidy assistance from the Fund will be developed by the
Contra Costa Centre Association through agreements with the
Community Development Department.
Mello-Roos Bond proceeds are restricted to fund capital projects.
Therefore, the mechanism to fund the Child Care Centre
Affordability Fund is accomplished through the transfer of County
Capital Projects from the Mello-Roos and proceeds in identical
amounts.
0_A` o
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
Clerk of the Board
County of Contra Costa
651 Pine Street
Martinez, CA 94553
NOTICE OF SPECIAL TAX LIEN
COUN'T'Y OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 1992-1
(PLEASANT HILL BART STATION AREA)
Pursuant to the requirements of Section 3114.5 of the Streets and Highways Code of
California and the Mello-Roos Community Facilities Act of 1982, as amended, Section
53311, et. seq., of the California Government Code (the "Act"), the undersigned Clerk of
the Board of Supervisors of the County of Contra Costa(the "County"), State of California,
hereby gives notice that a lien to secure payment of a special tag which the Board of
Supervisors of the County is authorized to levy, is hereby imposed. The special tag
secured by this lien is authorized to be levied for the purpose of paying principal and
interest on bonds, the proceeds of which are being used to finance the public facilities
described on Exhibit A attached hereto and hereby made a part hereof.
The special tax is authorized to be levied within the County of Contra Costa
Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) which has
now been officially formed and the lien of the special tax is a continuing lien which shall
secure each annual levy of the special tax and which shall continue in force and effect
until the special tax obligation is prepaid, permanently satisfied, and cancelled in
accordance with law or until the special tax ceases to be levied and a notice of cessation of
special tax is recorded.
The rate, method of apportionment, and manner of collection of the authorized
special tax is as set forth in Exhibit B attached hereto and hereby made a part hereof.
Conditions under which the obligation to pay the special tax may be prepaid and
permanently satisfied and the lien of the special tax cancelled are as described under the
caption Prepayments in Exhibit B.
Notice is further given that upon the recording of this notice in the office of the
County Recorder of the County of Contra Costa, the obligation to pay the special tax levy
shall become a lien upon all nonexempt real property within the County of Contra Costa
Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) in
-accordance with Section 3115.5 of the Streets and Highways Code of California.
The name(s) of the owner(s) of the real property included within the area of this
community facilities district as they appear on the latest secured assessment roll as of
the date of recording of this notice or are otherwise known to the County are as set forth
in Exhibit C attached hereto and hereby made a part hereof.
Reference is made to the boundary map of the community facilities district
recorded at Book 48 of Maps of Assessment and Community Facilities Districts at Page
27, in the office of the County Recorder for the County of Contra Costa, State of California,
which map is now the final boundary map of the community facilities district.
The assessor's tax parcel(s) numbers of all parcels or any portion thereof which
are included within the area of this community facilities district are as set forth in'
Exhibit C attached hereto.
For further information concerning the current and estimated future tax liability of
owners or purchasers of real property subject to this special tax lien, interested persons
should contact the Auditor - Controller of the County of Contra Costa, 625 Court Street,
Martinez, California, 94553, telephone number(415)646-2236.
Dated: / , 1992.
Phil Batchelor';
Clerk of the Board of,§4ervisors and,.
County Administrator
By:
Deputy
J9499
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ITA
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 1992-1
(PLEASANT'HILL BART STATION AREA)
PUBLIC FACIIdTIES TO BE FINANCED
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.
r
v
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 anv 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, 37.09% 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;
P
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
s
•-1 Contra Costa County CFD No. 1992-1
'nt 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
ie a Prepayment Date is to occur after June 1 and such prepayment amount will include
ay the special tax amount levied on the Parcel in that Fiscal Year. Upon payment of
et 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
STAT = 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
SIT C
COUN'T'Y OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 1992-1
(PLEASANT HII J BART STATION AREA)
ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WPT'HIN
COUNTY OF CONTRA.COSTA
CODIlIUNITY FACILITIES DISTRICT NO. 1992-1
(PLEASANT HILL BART STATION AREA)
Names and Addresses of Property Owners Assessor's Parcel Nos.
Walnut View Properties 148-202-057
c/o Thomas Properties
3100 Oak Road, Suite 215
Walnut Creek, California 94596
Oak Hill Capital Corporation 148-221-033
601 Montgomery Street, Suite 1010
San Francisco, California 94111
G.E. Capital Corporation 172-031-023
3379 Peachtree Road, N.E. #300 172-031-024
Atlanta, Georgia 30326
C-1
z 1f v
y9 . YYY
RESOLUTION NO.
A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND DIRECTING
RECORDING OF NOTICE OF SPECIAL TAX LIEN
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, in proceedings heretofore conducted by this Board of Supervisors
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"),
this Board of Supervisors.on this date adopted a resolution entitled "A Resolution Calling
Special Election", calling for a special election of the qualified electors within the County
of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station
Area) of the County (the "District"); and
WHEREAS,pursuant to the terms of said resolution, which are by this reference
incorporated herein, said special election was held on this date, and the Deputy Director -
Redevelopment of the County has on file a Canvass and Statement of Results of Election, a
copy of which is attached hereto as Exhibit "A"; and
WHEREAS, this Board of Supervisors has reviewed said Canvass and hereby
approves it.
NOW, THEREFORE,IT IS HEREBY ORDERED as follows:
1.-- The issues presented at said special election were the incurring of a bonded
indebtedness in the maximum aggregate principal amount of $455,500, the levy of a
special tax within the District to be levied in accordance with the formula heretofore
approved by this Board of Supervisors by its resolution adopted this date entitled "A
Resolution of Formation of County of Contra Costa Community Facilities District No.
1992-1 (Pleasant Hill BART Station Area), Authorizing Levy of a Special Tax Within the
District, Preliminarily Establishing an Appropriations Limit for the District and
Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to
the Qualified Electors of the District", and the approval of an annual appropriations limit
of not to exceed$455,500 pursuant to said resolution.
2. Pursuant to said Canvass on file with the Deputy Director - Redevelopment of
the County, the issues presented at said special election were approved by the qualified
electors of the District by more than two-thirds of the votes cast at said special election.
3. Pursuant to said voter approval, the District is hereby declared to be fully
formed with the authority to incur bonded indebtedness and to levy special taxes as
heretofore provided in these proceedings and in the Act.
4. It is hereby found that all prior proceedings and actions taken by this Board of
Supervisors with respect to the District were valid and in conformity with the Act.
b. The Clerk of the Board is hereby directed to execute and cause to be recorded in
the office of the County Recorder of the County of Contra Costa a notice of special tax lien
in the form required by the Act, said recording to occur no later than fifteen days
following adoption by the Board of Supervisors of this resoltion.
I hereby certify that the foregoing Resolution was duly adopted by the Board of
Supervisors of Contra Costa County, California, ata regularly scheduled meeting
thereof, held on the 12 day of MaY , 1992, by the following vote of the Board:
AYES: Supervisors Fanden, Torlakson, McPehk
NOES: Supervisor Schroder
ABSENT: Supervisor Powers
ATTEST:
Phil Batchelor, Clerks of the Board of
Supervisors and County Administrator
By
Deputy
J9498
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yr ..
ITA
CANVASS AND STATEMENT OF RESULT OF ELECTION
County of Contra Costa
Community Facilities District No.1992-1
(Pleasant Hill BART Station Area)
I hereby certify that on May 12, 1992, I canvassed the returns of the election held
on May 12, 1992, in the County of Contra Costa Community Facilities District No. 1992-1
(Pleasant Hill BART Station Area) and the total number of ballots cast in said District
and the total number of votes cast for and against the measure are as follows and the
totals as shown for and against the measure are full, true and correct:
Qualified
Landowner Votes
VotesCast YES NO
County of Contra Costa Community
Facilities District No. 1992-1 (Pleasant
Hill BART Station Area) Special Tax 10 /0 lo
Election,May 12, 1992.
BALLOT MEASURE:Shall the County of Contra Costa incur an indebtedness and
issue bonds in one or more series in the maximum aggregate principal amount of
$455,500, with interest at a_rate or rates not to exceed the maximum interest rate
permitted by law at the time'of sale of such bonds on behalf of the County of Contra Costa
Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) (the
"District"), the proceeds of which will be used to finance certain public improvements;
shall a special tax payable solely from lands within the District be levied annually upon
lands within the District to pay for the principal and interest upon such bonds and the
costs of the County in administering the District, and shall the annual appropriations
limit of the District be established in the amount of$455,500?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 1 day of
1992.
By,
e ut Director ZItedevelopment.
I County of ontra Costa
A-1
RESOLUTION NO. 93/340
A RESOLUTION AUTHORIZING THE ISSUANCE OF SPECIAL TAX BONDS OF THE
COUNTY OF CONTRA COSTA FOR COUNTY OF CONTRA COSTA COMMUNITY
FACILITIES DISTRICT NO. 1992-1 (PLEASANT HILI.BART STATION AREA),
APPROVING AND DIRECTING THE EXECUTION OF A FISCAL AGENT
AGREEMENT,AND APPROVING OTHER RELATED DOCUMENTS AND ACTIONS
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 conducted proceedings under and
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), to
form the County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill
BART Station Area) (the "District"), to authorize the levy of special taxes upon the land
within the District, and to issue bonds secured by said special taxes the proceeds of which
are to be used to finance certain facilities (the "Facilities"), all as described in the
Resolutions entitled, "A Resolution of Formation of County of Contra Costa Community
Facilities District No. 1992-1 (Pleasant Hill BART Station Area), Authorizing the Levy of a
Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for
the District and Submitting Levy of the Special Tax and the Establishment of the
Appropriations Limit to the Qualified Electors of the District" and "A Resolution
Determining the Necessity to Incur Bonded Indebtedness Within the County of Contra
Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) and
Submitting Proposition to the Qualified Electors of the District", adopted by this date; and
WHEREAS, pursuant to said resolutions, an election was held within the District
on this date and the qualified electors approved the propositions of the incurrence of the
bonded debt and the levy of the special tax by more than two-thirds of the votes cast at said
special election; and
WHEREAS, there have been submitted to this Board of Supervisors certain
documents providing for the issuance of bonds of the County for the District and the use of
the proceeds of those bonds to finance the Facilities and this Board of Supervisors, with
the aid of its staff, has reviewed said documents and found them to be in proper order;
and
WHEREAS, all conditions, things and acts required to exist, to have happened and
to have been performed precedent to and in the issuance of said bonds and the levy of said
special taxes as contemplated by this Resolution and the documents referred to herein
exist, have happened and have been performed in due time, form and manner as
required by the laws of the State of California, including the Act.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
Section 1. Pursuant to the Act, this Resolution and the Fiscal Agent Agreement
92/340
(hereafter defined), special.tax bonds of the County for the District designated as "County
of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station
Area) Special Tax Bonds" (the "Bonds") in an aggregate principal'amount not to exceed
$455,500 are hereby authorized to be issued. The Bonds shall be executed in the form set
forth in and otherwise as provided in the Fiscal Agent Agreement.
Section 2. The proposed fiscal agent agreement (the "Fiscal Agent Agreement")
with respect to the Bonds, in the form presented to this Board of Supervisors at this
meeting, is hereby approved. The County Administrator, the County Treasurer, the
Director of Growth Management and Economic Development, the Director of Community
Development and the Deputy Director - Redevelopment (collectively, the "Authorized
Officers"), are each hereby authorized to execute and deliver the Fiscal Agent Agreement
in substantially said form, with such additions thereto or changes therein as are
approved by the Authorized Officer executing such .document upon consultation with
Bond Counsel including such additions or changes as are necessary or advisable in
accordance with Section 6 hereof; the approval of such additions or changes to be
conclusively evidenced by the execution and delivery of the Fiscal Agent Agreement by the
County. The date, manner of payment, interest rate or rates, interest payment dates,
denominations, form, registration privileges, manner of execution, place of payment,
terms of redemption and other terms of the Bonds shall be as provided in the Fiscal Agent
Agreement as finally executed.
Section 3. This Board of Supervisors hereby finds and determines that the sale of
the Bonds at negotiated sale as contemplated by the Fiscal Agent Agreement will result
in a lower overall cost.
Section 4. The County hereby covenants, for the benefit of the Bondowners, to
commence and diligently pursue to completion any foreclosure action regarding
delinquent installments of any amount levied as a special tax forthe payment of interest
or principal of the Bonds, said foreclosure action to be commenced and pursued as more
completely set forth in the Fiscal Agent Agreement.
Section 5. The Bonds, when executed, shall be delivered to the Fiscal Agent for
authentication. The Fiscal Agent is hereby requested and directed to authenticate the
Bonds by executing the Fiscal Agent's certificate of authentication and registration
appearing thereon, and to deliver the Bonds, when duly executed and authenticated, to
the purchasers thereof in accordance with written instructions executed on behalf of the
County by one or more of the Authorized Officers, which instructions such officers are
each hereby authorized, for and in the name and on behalf of the County, to execute and
deliver to the Fiscal Agent. Such instructions shall provide for the delivery of the Bonds
to the purchasers thereof or their designee upon payment of the purchase price therefor.
Section 6. All actions heretofore taken by the officers and agents of the County
with respect to the establishment of the District and the sale and issuance of the Bonds
are hereby approved, confirmed and ratified, and the proper officers of the County are
hereby authorized and directed to do any and all things and take any and all actions and
execute any and all certificates, agreements and other documents, which they, or any of
them, may deem necessary or advisable in order to consummate the lawful issuance and
delivery of the Bonds in accordance with this resolution, and any certificate, agreement,
and other document described in the documents herein approved. Any document herein
approved and executed and delivered by any one of the Authorized Officers shall be a valid
and binding agreement of the County.
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Section 7. This resolution shall take effect from and after its adoption.
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 12 day of May , 1992, by the following vote of the Board:
AYES: Supervisors Fanden, Torlakson, McPeak
NOES: Supervisor Schroder
ABSENT: Supervisor Powers
ATTEST:
Phil Batchelor, Clerk of the Board of
Supervisors and County Administrator
By:
Deputy
J9501
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H.4 5b
r
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY , CALIFORNIA
Adopted this Order on May 12 , 1992 , by the following vote:
AYES: Supervisors Fanden,- Torlakson, McPeak
NOES: Supervisor Schroder
ABSENT: Supervisor Powers
ABSTAIN: None
SUBJECT: Ordinance (s) Introduced
The following ordinance (s) having been introduced , the
Board by unanimous vote of the members present waives full reading
thereof and fixes May 19 , 1992 as the time for
adoption of same .
Levying Special Taxes within the County of Contra
Costa Community Facilities District No . 1992-1
Pleasant Hill Bart Station Area)
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of th3
Board of Sunervi rs on the date shown.
ATTESTED: lz;199z
PHIL BATCHELOK,Cierk of the Boaro
of Supervisors and County Administrator
sy rr. �� ,Deputy
RESOLUTION NO.
92/338 �
A RESOLUTION CALLING SPECIAL ELECTION
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, on this date, this Board of Supervisors adopted a resolution.entitled "A
Resolution of Formation of County of Contra Costa Community Facilities District No..
1992-1 (Pleasant Hill BART Station Area), Authorizing the Levy of a Special Tax Within
the District, Preliminarily Establishing an Appropriations Limit for the District and
Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to
the Qualified Electors of the District" (the "Resolution of Formation"), ordering the
formation of County of Contra Costa Community Facilities District No. 1992-1 (Pleasant
Hill BART Station Area) (the "District"), authorizing the levy of a special tax on property
within the District and preliminarily establishing an appropriations limit for the
District;
WHEREAS, on this date, this Board of Supervisors also adopted a resolution
entitled "A Resolution Determining the Necessity to Incur Bonded Indebtedness Within
the County of Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART
Station Area) and Submitting Proposition to the Qualified Electors of the District" (the
"Resolution to Incur Indebtedness"), determining the necessity to incur bonded
indebtedness in the maximum aggregate principal amount of$455,500 upon the security
of said special tax to be levied within the District; and
WHEREAS, pursuant to the provisions of said resolutions, the propositions of the _
levy of said special tax, the establishment of the appropriations limit and the incurring of
the bonded indebtedness shall be submitted to the qualified electors of the District as
required by the Mello-Roos Community Facilities Act of 1982, as amended (the "Act").
NOW THEREFORE, IT IS HEREBY ORDERED as follows:
1. Pursuant to Sections 53326, 53353.5 and 53325.7 of the Act, the issues of the levy
of said special tax, the incurring of bonded indebtedness and the establishment of said
appropriations limit shall be submitted to the qualified electors of the District at an
election called therefor as provided below.
2. As authorized by Section 53353.5 of the Act, the three propositions described in
paragraph 1 above shall be combined into a single ballot measure, the form of which is
attached hereto as Exhibit "A" and by this reference incorporated herein. Said form of
ballot is hereby approved.
3. This Board of Supervisors hereby finds that fewer than 12 persons have been
registered to vote within the territory of the District for each of the ninety (90) days
preceding the close of the public hearings heretofore conducted and concluded by this
Board of Supervisors for the purposes of these proceedings. Accordingly, and pursuant to
92/338
Section 53326 of the Act, this Board of Supervisors finds that for purposes of these
proceedings the qualified electors are the landowners within the District and that the vote
shall be by said landowners or their authorized representatives, each having one vote for
each acre or portion thereof such landowner owns in the District as of the close of said
public hearings.
4. This Board of Supervisors hereby calls a special. election to consider the
measures described in paragraph 2 above, which election shall be held in the meeting
room of this Board of Supervisors immediately following adoption of this Resolution. The
Deputy Director - Redevelopment of the County is hereby designated as the official to
conduct said election. It is hereby acknowledged that the Deputy Director -
Redevelopment has on file the Resolution of Formation, a certified map of the proposed
boundaries of the District, and a sufficient description to allow the Deputy Director -
Redevelopment to determine the boundaries of the District.
The voted ballots shall be returned to the Deputy Director - Redevelopment
immediately following the adoption of this Resolution; and when all of the qualified voters
have voted the election shall be closed.
5. Pursuant to Section 53327 of the Act, the election shall be.conducted by mail or
hand-delivered ballot pursuant to Section 1340 of the California Elections Code. This
Board of Supervisors hereby finds that paragraphs (a), (b), (c) (1) and (c)(3) of said Section
1340 are applicable to this special election.
6. This Board of Supervisors acknowledges that the Deputy Director -
Redevelopment has caused to be delivered to each of the qualified electors of the District a
ballot in the form set forth in Exhibit "A" hereto. Each ballot indicates the number of
votes to be voted by the respective landowner to which it pertains.
Each ballot was accompanied by all supplies and written instructions necessary
for the use and return of the ballot. The envelope to be used to return the ballot was
enclosed with the ballot, had the return postage prepaid, and contained the following: (a)
the name and address of the landowner, (b) a declaration, under penalty of perjury,
stating that the voter is the owner of record or authorized representative of the landowner
entitled to vote and is the person whose name appears on the envelope, (c) the printed
name, signature and address of the voter, (d) the date of signing and place of execution of
the declaration described in clause (b) above, and (e) a notice that the envelope contains
an official ballot and is to be opened only by the canvassing board.
Analysis and arguments with respect to the ballot measures are hereby waived, as
provided in Section 53327 of the Act.
7. The Deputy Director - Redevelopment shall accept the ballots of the qualified
electors in the meeting room of this Board of Supervisors upon and prior to the adoption of
this Resolution, whether said ballots be personally delivered or received by mail. The
Deputy Director - Redevelopment shall have available at said location ballots which may
be marked on the election day by said qualified electors.
8. This Board of Supervisors hereby further finds that the provision of Section
53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution
of Formation to elapse before said special election is for the protection of the qualified
electors of the District. The voted ballots of the landowners within the District contain a
waiver of the time limit pertaining to the conduct of the election. Accordingly, this Board
of Supervisors finds and determines that said qualified electors have been fully apprised
92/338
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of and have agreed to the shortened time for the election and have thereby been fully
protected in these proceedings. This Board of Supervisors also finds and determines that
the Deputy Director -Redevelopment has concurred in the shortened time for the election.
9. The Clerk of the Board is hereby directed to publish in a newspaper of general
circulation circulating within the area of the District a copy of this Resolution and a copy
of the Resolution to Incur Indebtedness, as soon as practicable after the date of adoption.
of this Resolution.
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 12 day of May , 1992, by the following vote of the Board:
AYES: Supervisors Powers , Fanden, Torlakson, McPeak
NOES: Supervisor Schroder
ABSENT: None
ATTEST: .�
Phil Batchelor, Clerk of=the.Board of
Supervisors and County .Administrator
By:
Deputy 4.
J9497
92/338
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E CUMIT A
COUNTY OF CONTRA COSTA
Community Facilities District No. 1992-1
(Pleasant Bill BART Station Area)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the office of the Deputy Director - Redevelopment of the
County of Contra Costa no later than immediately after adoption of the resolution of the
Board of Supervisors calling said election on May 12, 1992, either by mail or in person.
The Deputy Director-Redevelopment's office is located at 651 Pine Street, 4th Floor, North
Wing, Martinez, California, 94553.
To vote, mark a cross (X)on the voting line after the word "YES" or after the word
"NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden
and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the Deputy Director -
Redevelopment of the County of Contra Costa and obtain another.
BALLOT MEASURE: Shall the County of Contra Costa
incur an indebtedness and issue bonds in one or more
series in the maximum aggregate principal amount of
$455,500, with interest at a rate or rates not to exceed the
maximum interest rate permitted by law at the time of sale Yes:
of such bonds on behalf of the County of Contra Costa
Community Facilities District No. 1992-1 (Pleasant Hill
BART Station Area) (the "District"), the proceeds of which
will be used to finance certain public improvements; shall No:
a special tax payable solely from lands within the District
be levied annually upon lands within the District to pay for
the principal and interest upon such bonds and the costs of
the County in administering the District, and shall the
annual appropriations limit of the District be established in
the amount of$455,500?
By execution in the space provided below, you also indicate your waiver of the time
limit pertaining to the conduct of the election and any requirement for analysis and
arguments with respect to the ballot measure, as such waivers are described and
permitted by Section 53326(a) and 53327(b)of the California Government Code.
Number of Votes:
Property Owners:
A-1
RESOLUTION NO. 9 2/3 3 7.
A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED
INDEBTEDNESS WITHIN THE COUNTY OF CONTRA COSTA COMMUNITY
FACILITIES DISTRICT NO. 1992-1 (PLEASANT HILL BART STATION AREA)AND
SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT
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, on April 7, 1992, this Board of Supervisors 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 Act of 1982" (the
"Resolution of Intention") stating its intention to form the County of Contra Costa
Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area) (the
"District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended
(the "Act"); and
WHEREAS, on April 7, 1992, this Board of Supervisors also 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" (the "Resolution of
Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness
within the boundaries of the District for the purpose of financing certain costs of the
facilities specified in the Resolution of Intention; and
WHEREAS, on this date, this Board of Supervisors held a noticed public hearing
as required by the Act relative to the determination to proceed with the formation of the
District, the financing of facilities by the District and the rate and method of
apportionment of the special tax to be levied within the District to pay the principal and
interest on the proposed indebtedness and the administrative costs of the County relative
to the District; and
WHEREAS, at said hearing all persons desiring to be heard on all matters
pertaining to the formation of the District, the provision of said facilities (the "Facilities")
and the levy of the special tax on property within the District were heard and a full and
fair hearing was held; and
WHEREAS, subsequent to said hearing, this Board of Supervisors adopted a
resolution entitled "A Resolution Of Formation Of County of Contra Costa Community
Facilities District No. 1992-1 (Pleasant Hill BART Station Area), Authorizing The Levy Of
A Special Tax Within The District, Preliminarily Establishing An Appropriations Limit
For The District And Submitting Levy Of The Special Tax And The Establishment of The
Appropriations Limit To The Qualified Electors Of The District" (the "Resolution of
Formation"); and
92/3.32
1
WHEREAS, on this date, this Board of Supervisors 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.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct.
2. It is necessary to incur bonded indebtedness in the maximum aggregate
principal amount of$455,500 within the boundaries of the District.
3. The indebtedness is incurred for the purpose of financing certain costs of the
Facilities, as provided in 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
administering the District.
4. The whole of the District 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.
5. The maximum amount of bonded indebtedness to be incurred is $455,500 and
the maximum term of the bonds to be issued shall in no event exceed forty(40)years.
6. The bonds shall bear interest at rate or rates not to exceed the maximum
interest rate permitted by applicable law at the time of sale of the bonds, payable
semiannually or in such other manner as this Board of Supervisors or its designee shall
determine, the actual rate or rates and times of payment of such interest to be determined
by this Board of Supervisors or its designee at the time or times of sale of said bonds.
7. The proposition of incurring the bonded indebtedness herein authorized shall
be submitted to the qualified electors of the District and shall be consolidated with
elections on the proposition of levying special taxes within the District and the
establishment of an appropriations limit for the District pursuant to Section 53353.5 of the
Act. The time, place and conditions of said election shall be as specified by separate
resolution of this Board of Supervisors.
92/337
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A
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 12 day of May , 1992, by the following vote of the Board:
AYES: Supervisors Powers , Fanden, Torlakson, McPeak
NOES: Supervisor Schroder
ABSENT: None
ATTEST:
Phil Batchelor, Clerk of the Board. of,
Supervisors and County Admix t—'.tor
- ti4
By:
Deputy
J9496
92/337
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r,
11 /
1
RESOLUTION NO. 92/336
A RESOLUTION OF FORMATION OF COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 1992-1 (PLEASANT HILL BART STATION
AREA),AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT,
PRELIMINARILY ESTABLISHING AN APPROPRIATIONS LIMIT FOR THE
DISTRICT AND SUBMITTING LEVY OF THE SPECIAL TAX AND THE
ESTABLISHMENT OF THE APPROPRIATIONS LIMIT TO THE QUALIFMD
ELECTORS OF THE DISTRICT
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, on April 7, 1992, this Board of Supervisors 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" (the "Resolution of Intention"), stating its intention to form the County of
Contra Costa Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area)
(the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended (the "Act"); and
WHEREAS, the Resolution of Intention, incorporating a map of the proposed
boundaries of the District and stating the facilities to be financed, the cost of providing
such facilities and the rate and method of apportionment of the special tax to be levied
within the District to pay the principal and interest on bonds proposed to be issued with
respect to the District, is on file with the Clerk of the Board and the provisions thereof are
incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, this Board of Supervisors held a noticed public hearing
as required by the Act and the Resolution of Intention relative to the proposed formation
of the District; and
WHEREAS, at said hearing all interested persons desiring to be heard on all
matters pertaining to the formation and extent of the District, the facilities to be provided
therein and the levy of said special tax were heard and a full and fair hearing was held;
and
WHEREAS, at said hearing evidence was presented to this Board of Supervisors on
said matters before it, including a report (the "Report") as to the facilities to be provided
through the District and the costs thereof, a copy of which is on file with the Clerk of the
Board, and this Board of Supervisors at the conclusion of said hearing was fully advised
with respect to the premises; and
WHEREAS, written protests with respect to the formation of the District, the
furnishing of specified types of facilities and the rate and method of apportionment of the
special taxes have not been filed with the Clerk of the Board by fifty percent (50%) or more
of the registered voters residing within the territory of the District or property owners of
RESOLUTION NO. 92/336
one-half(1/2) or more of the area of land within the District and not exempt from the
special tax; and
WHEREAS, the special tax proposed to be levied in.the District to pay for the
proposed facilities to be provided therein, as set forth in Exhibit B hereto, has not been
eliminated by protest by fifty percent (50%) or more of the registered voters residing
within the territory.of the District or the owners of one-half (1/2) or more of the area of
land within the District and not exempt from the special tax.
NOW, THEREFORE, IT IS HEREBY ORDERED as follows:
1. The foregoing recitals are true and correct.
2. The proposed special tax to be levied within the District has not been precluded
by majority protest pursuant to Section 53324 of the Act.
3. All prior proceedings taken by this Board of Supervisors in connection with the
establishment of the District and the levy of the special tax have been duly considered and
are hereby found and determined to be valid and in conformity with the Act.
4. The community facilities district designated "County of Contra Costa
Community Facilities District No. 1992-1 (Pleasant Hill BART Station Area)" is hereby
established pursuant to the Act.
5. The boundaries of the District, as set forth in the map of the District heretofore
recorded in the Contra Costa County Recorder's Office in Book 48 at Page 27 of Maps of
Assessment and Community Facilities Districts, are hereby approved, are incorporated
herein by reference and shall be the boundaries of the District.
6. 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 attached to the
Resolution of Intention and by this reference incorporated herein (the "Facilities").
7. 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 finance the Facilities, a special tax sufficient to pay the costs thereof, secured by
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 or in such other manner as this Board of Supervisors may direct.
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 probable maximum amount such owner will have to
pay, are described in Exhibit B attached to the Resolution of Intention and by this
reference incorporated herein.
8. It is hereby found and determined that the Facilities are necessary to meet
increased demands placed upon local agencies as the result of development occurring in
the District.
9. The Auditor-Controller of the County of Contra Costa, 625 Court Street,
Martinez, California 94553, telephone number (510) 646-2236, is the officer of the County
which will be responsible for preparing annually a current roll of special tax levy
9x/336
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r
obligations by assessor's parcel number and which will be responsible for estimating
future special tax levies pursuant to Section 53340.2 of the Act.
10. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the
California Streets and Highways Code, a continuing lien to secure each levy of the special
tax shall attach to all nonexempt real property in the District and this lien shall continue
in force and effect until the special tax obligation is prepaid and permanently.satisfied
and the lien canceled in accordance with law or until collection of the tax by the County
ceases.
11. In accordance with Section 53325.7 of the Act, the annual appropriations limit,
as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of
the District is hereby preliminarily established at $455,500 and said appropriations limit
shall be submitted to the voters of the District as hereafter provided. The proposition
establishing said annual appropriations limit shall become effective if approved by the
qualified electors voting thereon and shall be adjusted in accordance with the applicable
provisions of Section 53325.7 of the.Act.
12. Pursuant to the provisions of the Act, the proposition of the levy of the special
tax and the proposition of the establishment of the appropriations limit specified above
shall be submitted to the qualified electors of the District at an election, the time, place
and conditions of which shall be as specified by a separate resolution of this Board of
Supervisors.
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 _ 2:c ay of Ma—.y�--, 1992, by the following vote.of the Board:
AYES: Supervisors Powers , Fanden, Torlakson, McPeak
NOES: Supervisor Schroder
ABSENT: None
ATTEST:
Phil Batchelor, Clerk of'the; Board of
Supervisors and County Administrator
F
By.
Deputy
J9502
9l/336
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