HomeMy WebLinkAboutMINUTES - 05111993 - 1.52 MEMORANDUM OF PROCEEDINGS TO BE CONSIDERED BY THE
BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA ON
TUESDAY, MAY 11, 1993, IN CONNECTION WITH
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The above district was initiated by the Board of Supervisors on June 16, 1992. At that
time, petitions were filed, the Boundary Map approved, the resolution of intention was
adopted, the Engineer's Report accepted and the hearing set for July 21. Construction
bids were called for and the Notice of Improvement was filed. On July 21, 1992, the
hearing was held. It is in order at this time to consider the following:
1. Consent and Waivers. These are to be filed.
2. Amended Cost Estimate. This is to be filed. Please note additional instructions.
3. Amended Assessment Roll. This is to be filed. Please note additional
instructions.
4. Resolution Approving Report and Assessment and Ordering Improvement. This
resolution is to be passed.
5. Paid and Unpaid List. This is to be filed. Please note additional instructions.
6. Resolution Determining Assessments Remaining Unpaid. This resolution is to be
passed. Please note additional instructions.
7. Resolution Approving Paying Agent/Registrar Agreement with Bank of America NT
& SA. This resolution is to be passed. Please note additional instructions:`
S. Resolution Authorizing Issuance of Bonds. This resolution is to be passed.
Please note additional instructions.
9. Resolution Authorizing the Director of Public Works to Approve Official
Statement. This resolution is to be passed.
10. Resolution Authorizing the Treasurer/Tax Collector or the Chief Investment
Officer to Enter into Bond Purchase Contract. This resolution is to be passed.
Please note additional instructions.
11. Resolution Approving the Agreement With the East Bay Municipal Utility District.
This resolution is to be passed. Please note additional instructions.
12. Resolution Awarding Contract. This resolution is to be passed. Please note
additional instructions.
13. Notice of Award of Contract. . This is to be filed. Please note additional
instructions.
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14. Resolution Authorizing Change Orders. This resolution is to be passed.
ADDITIONAL INSTRUCTIONS TO CLERK OF THE BOARD OF SUPERVISORS:
A. The Amended Cost Estimate is to be filed as of May 11, 1993. Please file the
four copies of the Amended Cost Estimate with the copies of the Engineer's
Report filed with you on June 16, 1992.
B. The Amended Assessment Roll is to be filed as of May 11, 1993. Please file the
four copies of the Amended Assessment Roll with the copies of the Engineer's
Report filed with you on June 16, 1992.
C. Paid and unpaid list. The original and four copies are to be executed by the
Treasurer. The original is to be retained in his office, a copy to be provided to
the Clerk of the Board, a copy to be provided to the Director of Public Works
and two copies returned to our office.
D.. Resolution Determining Assessments Remaining Unpaid. Please send a certified
copy of this resolution to the County Auditor's Office.
E. Resolution Approving Paying Agent/Registrar Agreement. A certified copy of the
resolution is to be attached to each copy of the Paying Agent Agreement. The
agreement is to be executed in quadruplicate by the County. Please retain the
original in your file; send one copy to Bank of America NT&SA, 1st Floor
Diversity Team, 701 S. Western Avenue, Glendale, CA 91201, Attention: Melinda
Murrell, and return two copies to our office.
F. Resolution Authorizing Issuance of Bonds. A certified copy of this resolution is
to be provided to Bank of America NT&SA, 1st Floor Diversity Team, 701 S.
Western Avenue, Glendale, CA 91201, Attention: Melinda Murrell.
G. Resolution Authorizing the Treasurer/Tax Collector or the Chief Investment
Officer to Enter Into Bond Purchase Contract. A certified copy of the resolution
is to be attached to each copy of the Purchase Contract. The contract is to be
executed in quadruplicate by the County. Please retain the original in your file;
send one copy to M. L. Stern & Co., Inc., 8350 Wilshire Boulevard, Beverly Hills,
CA 90211, Attention: Jim McDermott, and return two copies to our office.
H. Resolution Approving the Agreement With the Last Bay Municipal Utility District.
Six copies of the Agreement are to be executed by the County and returned to
our office. We will provide you with an executed copy of the Agreement after it
has been signed by the East Bay Municipal Utility District.
I. We will publish the Notice of Award of Contract once as soon as possible and
request the newspaper to provide an affidavit of publication in triplicate. We will
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send you a copy for your file. Also included is the Extract of Public Works
Contract Award form. Please complete and mail to California Department of
Industrial Relations, Division of Apprenticeship Standards, P.O. Box 603, San
Francisco, California 94101, within five days after the award of contract. Please
provide our office with two. copies of the completed form.
J. Please provide our office with two certified copies of the resolutions adopted.
STURGIS, NESS BRUNSELL & ASSAF
a professional corporation
By: Robert Brunsell
RB:jw
Enc.
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RESOLUTION NO. 93/241
RESOLUTION APPROVING REPORT AND ASSESSMENT
AND ORDERING IMPROVEMENT
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa resolves:
This Board has taken a series of actions preliminary to ordering the
improvement in Assessment District No. 1992-1, Mrack Road Improvements Camino
Tassajara Area, County of Contra Costa, California,-and now makes the following
findings and orders:
1. The Board adopted a map showing the boundaries of the land benefited by
the proposed improvement. A copy of the boundary map was filed in the office of
the County Recorder of the County of Contra Costa in the Book of Maps of
Assessment and Community Facilities Districts.
2. The Board adopted its Resolution of Intention to order the improvement,
described therein under the Municipal Improvement Act of 1913, and directed
Nystrom Engineering Corporation, as the Engineer of Work for the assessment
district, to prepare the report required by Section 10204 of the Streets and Highways
Code.
The improvement is generally described as follows:
The construction of street grading and paving, curbs, gutters and sidewalks,
entrance-way median, sound wall, landscaping, traffic control and street name
signs and street lights; sanitary sewer mains, laterals, and appurtenances;
storm drain mains, structures and appurtenances; water main, laterals, fire
hydrants, and appurtenances; utility systems of gas, electric, telephone and
cable TV distribution and appurtenances; the payment of County and utility
company fees; and the acquisition of right-of-way for the construction of
public improvements.
The above-listed improvements are to be located within the Mrack Road
(realigned) right-of-way, between its intersection with Camino Tassajara and "
the northerly terminus of Mrack Road approximately 1000 feet north of
Camino Tassajara; and 'off-site" street and storm drainage improvements to be
ORIGINIAL
RESOLUTION NO. 93/241
s-�
located within the Camino Tassajara right-of-way widening, from the existing
storm drain discharge structure located approximately 1000 feet westerly of
the intersection of existing Mrack Road to a point approximately 700 feet
easterly of the intersection of existing Mrack Road which is the terminus of.
the existing pavement widening and curb and gutter for Camino Tassajara:
3. The Engineer of Work filed the report as directed, and the Board of
Supervisors called a hearing on the report as required by Section 10301 of the
Streets and Highways Code. Notice of the hearing was given by publication, by
street posting and by mailing to affected property owners, all according to the
Municipal Improvement Act of 1913. Affidavits of publication, posting and mailing
were filed with the Clerk of the Board.
4. At the time and place for which notice was given, the Board of Supervisors
conducted a public hearing and gave every interested person an opportunity to
object to the proposed improvement, the extent of the assessment district, or the
proposed assessment. Following the hearing, the Engineer-of Work amended the
report.
.5. The Board finds that written protests against the proposed improvement
have not been made by owners representing more than one-half of the area of the
land to be assessed for the improvement.
6. The documents and events described in paragraphs 1 to 4, inclusive, are
stated here in tabular form, with their dates and, where appropriate, their numbers.
All documents are now on file with the Clerk of the Board.
Document or Event Date Number
a. Resolution Approving Boundary Map 6-16-92 92/418
b. Boundary Map filed with County Recorder 7-02-92
c. Resolution of Intention 6-16-92 92/422
d. Filing of Engineer's Report 6-16-92 Filed
e. Resolution Accepting Report 6-16-92 92/423
f. Certificate of Mailing
Notice of Improvement 6-26-92 Filed
g. Affidavit of Publication
of Notice of Improvement 7-03-92 Filed
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RESOLUTION NO. 93/241
Document or Event Date Number
h. Certificate of Posting
Notice of Improvement 6-27-92 Filed
i. Public Hearing conducted 7-21-92
7. The Board approves the Engineer's Report, as amended, and each
component part of it, including each exhibit incorporated by reference in the report.
8. The Board finds that the Engineer of Work in the Engineer's Report, as
amended, has fairly and properly apportioned the cost of the improvement to each
parcel of land in the assessment district in proportion to the estimated benefits to be
received by each parcel, respectively, from the improvement. The Board of
Supervisors hereby confirms and levies each individual assessment as stated.in the
Engineer's Report, as amended.
9. This Board orders the improvement described in paragraph 2 and as
detailed in the Engineer's Report, as amended.
10. Bonds representing unpaid assessments, and bearing interest at a rate not
to exceed twelve percent (12%) per annum, will be issued in the manner provided
by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code),
and the last installment of the bonds shall mature not to exceed twenty-four (24)
years from the second day of September next succeeding twelve (12) months from
their date.
11. According to Section 10603 of the Streets and Highways Code, the Board
designates the County Treasurer to collect and receive payment of the assessments.
3 i
RESOLUTION NO. 93/241
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted by the Board of Supervisors of the County of Contra Costa, State of
California, at the regular meeting thereof, held on the 11th day of May, 1993.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
4
RESOLUTION NO. 93/241
{
RESOLUTION NO. 9 3/2 4 2
RESOLUTION DETERMINING ASSESSMENTS REMAINING UNPAID
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa resolves:
The County Treasurer has filed a list of all payments received on account of
assessments levied in Assessment District No. 1992-1, Mrack Road Improvements
Camino Tassajara Area, County of Contra Costa, California, and a list of all
assessments or portions of assessments unpaid.
A copy of the Paid and Unpaid List is attached to this resolution as Exhibit A
and included in it. The County shall issue improvement bonds under the provisions
of the Improvement Bond Act of 1915 of the State of California upon the security of
the assessments shown as unpaid on the attached list.
The Clerk of the Board shall transmit a copy of this resolution to the County
Auditor. The County Auditor is requested to comply with the provisions of Section
8682 of the Streets and Highways Code in the collection of installments of these
assessments on the assessment roll for taxes.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted by the Board of Supervisors of the County of Contra Costa, State of
California, at the regular meeting thereof, held on the 11th day of May, 1993.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
BY
RESOLUTION NO. 93/242 ORIGINAL
PAID AND UNPAID LIST
OF ASSESSMENTS IN
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
I HEREBY CERTIFY that the attached list of Paid and Unpaid Assessments
correctly reflects (1) all amounts received by me on account of assessments in
Assessment District No. 1992-1,. Mrack Road Improvements Camino Tassajara Area.after
the assessments became due and payable and (2) all amounts remaining unpaid on
each, of the assessments in Assessment District No. 1992-1, Mrack Road Improvements
Camino Tasajara Area, County of Contra Costa, California.
Executed at , , California, on 1993.
ALFRED LOMELI, County Treasurer
Contra Costa County, California
.EXHIBITA .
05/07/93
Page 1 -
PAID AND UNPAID LIST
COUNTY OF CONTRA COSTA
Assessment District No. 1992-1, Mrack Road Improvements
----------------------------------------------------------------------------
Assessment Assessment Cash Amount Unpaid
Number Amount Paid Credited Balance
----------------------------------------------------------------------------
1 $ 321, 408 . 05 $ 0. 00 $ 0. 00 $ 321, 408.05
2 222 , 113. 74 0. 00 0. 00 222, 113 .74
3 235,301.20 0. 00 0. 00 235, 301.20
4 8 , 971. 00 8, 000. 00 . 8, 971. 00 0. 00
5 2941126.50 0. 00 : 0. 00 294, 126.50
6 329 , 408. 69 0.00 0. 00 3291408 .69 :
7 347, 604 . 05 0. 00 0. 00 347, 604 . 05
8 347, 604 . 05 , 0. 00 0. 00 347, 604 . 05
9 67 ,407 .70 0.00 0. 00 67 ,407 .70
10 147, 624 . 02 0. 00 0. 00 1471, 624 . 02
$ 2 , 321, 569 . 00 $ 8, 000. 00 $ 8, 971. 00 $ 2 , 312 , 598. 00
RESOLUTION NO. 9 3/2 4 3
RESOLUTION APPROVING PAYING AGENT/REGISTRAR AGREEMENT WITH
BANK OF AMERICA NATIONAL TRUST AND SAVING ASSOCIATION
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa resolves:
As a part of the proceedings for improvements in Assessment District No.
1992-1, Mrack Road Improvements Camino Tassajara Area, County of Contra Costa,
California, this Board approves that certain agreement between the Bank of America
National Trust and Savings Association and the County of Contra Costa dated May
11, 1993, and on file with the Clerk of the Board of Supervisors.
The Chairman of the Board is authorized to sign the agreement and the
Clerk of the Board is authorized to attest its execution.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted by the Board of Supervisors of the County of Contra Costa, State of
California, at the regular meeting thereof, held on the 11th day of May, 1993.
ATTEST:
PHIL BATCHELOR, Clerk of the
C Board of Supervisors and
County Administrator
By
1 NAL
RESOLUTION NO. 93/243 ' 0 IG
RESOLUTION NO. 93/244
RESOLUTION AUTHORIZING ISSUANCE OF BONDS
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa resolves:
Section 1. RECITALS. On June 16, 1992, the Board of Supervisors of the
County of Contra Costa adopted its resolution of intention, to order improvements
in Assessment District No. 1992-1, Mrack Road Improvements Camino Tassajara Area,
County of Contra Costa, California, under the provisions of the Municipal
Improvement Act of 1913 (the "Act"), as amended. Proceedings taken under the Act
led to the levy of a special assessment by the Board against parcels of land within
the assessment district in the total amount of $2,321,569.00. These assessments will
be recorded in the office of the County Recorder of the County of Contra Costa, and
thereupon will become a lien on each parcel assessed.
Section 2. ISSUANCE OF BONDS. The Board hereby authorizes the issuance
of improvement bonds under the provisions of the Improvement Bond Act of 1915
to represent unpaid assessments in the amount of $2,312,598.00. Each bond shall
be designated, "Limited Obligation Improvement Bond, County of Contra Costa,
Assessment District No. 1992-1, Mrack Road Improvements Camino Tassajara Area,
Series No. 1992-1." Bonds shall be dated approximately the date of delivery and
issued in denominations of $5000 or integral multiples thereof, except for Bond No.
1, which may be an odd amount, and may be issued as serial bonds, term bonds, or
any combination thereof. Bonds shall mature in principal amounts as set forth in
the table attached as Exhibit A. The bond date and interest rates on the bonds shall
i
be as set forth in the bond purchase contract.
Section 3. APPOINTMENT OF PAYING AGENT, REGISTRAR AND TRANSFER-
AGENT. The Board hereby appoints the Bank of America National Trust and Savings
RESOLUTION NO. 93/244
Association (the "Bank") as paying agent, registrar and transfer agent for the bonds in
accordance with an agreement between the County of Contra Costa and the Bank:
Section 4. FORM AND EXECUTION. Bonds shall be issued as fully registered
bonds substantially in the form set forth as Exhibit B to this resolution. The bonds
shall be signed by the County Treasurer and the County Clerk and the seal of the
County shall be affixed. Both signatures and seal may be reproduced on the bonds
by facsimile, but upon its registration or reregistration each bond shall be
authenticated by the manual signature of the Bank.
The Bank shall assign to each bond authenticated and registered by it a
distinctive letter, or number, or letter and number, and shall maintain a record
thereof which shall be available to the County for inspection.
Section 5. ESTABLISHMENT OF SPECIAL FUNDS. For administering the
proceeds of the sale of bonds and payment of interest and principal on the bonds,
there are hereby established five funds to be known as the improvement fund, the
redemption fund, the special reserve fund, the investment earnings fund and the
arbitrage rebate fund, respectively, for Assessment District No. 1992-1, Mrack Road
Improvements Camino Tassajara Area, County of Contra Costa, California.
Section 5.1. IMPROVEMENT FUND. Except as provided in Section 5.3,
proceeds of sale of the bonds, together with all amounts paid on the assessments
before bond issuance, shall be deposited in the improvement fund to be maintained
by the County Treasurer. Disbursements from the improvement fund shall be made
by the County Treasurer in accordance with the budget of estimated costs and
expenses set forth in the engineer's report heretofore approved by the Board, which
report and budget are subject to modification by the Board from time to time as
prescribed by the Act.
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RESOLUTION NO. 93/244
Section 5.2. REDEMPTION FUND. The redemption fund shall be maintained
by the County Treasurer. All payments of principal and interest installments on the
assessments, together with penalties, if any, shall.be deposited in the redemption
fund, which shall be a trust fund for the benefit of the bondholders. Payment of the
bonds at maturity, or at redemption before maturity, and all interest on the bonds
shall be made from the redemption fund. The County Treasurer shall deposit into
the redemption fund, from the proceeds of the sale of the bonds, the amount of
$223,918.00 which shall be applied to payment of the first payable interest on the
bonds until fully expended.
Section 5.3. SPECIAL RESERVE FUND. There shall be deposited into the
special reserve fund the amount of $69,377.94 from the proceeds of the sale of
bonds. That amount, less any amounts transferred to the redemption fund pursuant
to Section 8884 of the Streets and Highways Code, shall constitute the "Reserve
Requirement" for the bonds. The special reserve fund shall be maintained by the
County Treasurer.
A. During the term of the bonds, the amount in the special reserve fund shall
be available for transfer into the redemption fund in accordance with Section 8883
and 8808 of the Streets and Highways Code. The amount so advanced shall be
reimbursed to the special reserve fund from the proceeds of redemption or sale of
the parcel for which payment of delinquent assessment installments was made from
the special reserve fund.
B. If any assessment is prepaid before final maturity of the bonds, the
amount of principal which the assessee is required to prepay shall be reduced by an
amount which is in the same ratio to the original amount of the special reserve fund
as the original amount of the prepaid assessment bears to the total amount of
unpaid assessments originally securing the Bonds. This reduction in the amount of
3
RESOLUTION NO. 93/244
principal prepaid.shall be balanced by a transfer from the special reserve fund to the
redemption fund in the same amount.
C. The amount maintained in the special reserve fund will never exceed
$200,000.00. Proceeds of investment of the special reserve fund shall be deposited
in the investment earnings fund.
D. When the amount in the special reserve fund equals or exceeds the
amount required to retire the remaining unmatured bonds (whether by advance
retirement or otherwise), the amount of the special reserve fund shall be transferred
to the redemption fund, and the remaining installments of principal and interest not
yet due from assessed property owners shall be cancelled without payment.
Section 5.4. INVESTMENT EARNINGS FUND. Proceeds of the investment of
amounts in the improvement fund and the special reserve fund will be deposited in
the investment earnings fund. As of September 2 of each year during the term of
the bonds, the County Treasurer shall determine whether any portion of investment
earnings must be rebated to the United States pursuant to Section 148 of the United
States Internal Revenue Code and regulations adopted thereunder. Any amounts
required to be rebated will be transferred to the arbitrage rebate fund, and the
balance will be transferred as follows:
(a) A transfer will be made from the investment earnings fund to the special
reserve fund in an amount that will not cause the balance in the special reserve
fund, including earnings thereon, to exceed $200,000.00 during the ensuing 12-
month period.
(b) The remaining balance in the investment earnings fund, if any, will be
transferred to the redemption fund to be used, in the discretion of the County
Treasurer, as a credit upon the annual installments of assessment or for the advance
retirement of bonds.
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RESOLUTION NO. 93/244
The County Treasurer is authorized to retain independent attorneys,
accountants and other consultants to assist in complying with Federal requirements.
Section 5.5. ARBITRAGE REBATE FUND. .Amounts in the arbitrage rebate
fund shall be invested in the same manner as amounts in the other funds and shall
be held in trust for rebate to the United States at the times required by Section 148
of the United States Internal Revenue Code and regulations adopted thereunder.
Section 5.6 RETURN OF UNCLAIMED FUNDS. Other provisions of this
resolution to the contrary notwithstanding, the Bank shall return to the County any
funds held by it hereunder not later than thirty (30) days before those funds would
escheat to the State of California under any law now or hereafter enacted.
Section 6. PAYMENT ON BONDS. The principal and interest,on the bonds
shall be payable at the office of the Bank of America National Trust and Savings
Association, Glendale, California. Principal and interest shall be paid by check,
mailed to the registered owner of each bond at the owner's address appearing on
the register maintained by the Bank on the 15th day preceding the date of payment.
Upon the payment and cancellation of any bond, the bond shall be destroyed
and the Bank shall furnish the County a certificate of destruction.
Section 7. ADVANCE RETIREMENT OF BONDS. Any Bond or any portion
thereof in the amount of $5,000 or any integral multiple thereof, may be redeemed
and paid in advance of maturity upon the second day of March or September in any
year by giving at least 30 days' notice by registered or certified mail or by personal
service to the registered owner thereof at such owner's address as it appears on the
registration books of the Bank and by paying principal and accrued interest together
with a premium equal to three percentum of the principal.
Section 8. REREGISTRATION. Any bond may be registered to a new owner
by completing the assignment certificate on the reverse of the bond and delivering
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RESOLUTION NO. 93/244
the bond to the Bank. Upon reregistration, any bond may be replaced by one or
more bonds of the same maturity and aggregate amount in denominations of $5000
or any integral multiple thereof.
Section 9. COVENANTS. In the event of a default in the payment of any
bond or any installment of interest thereon, bondholders shall have the remedies set
forth in the Improvement Bond Act of 1915. In addition, the Board makes the
following covenants, which shall constitute a contract with the bondholders:
Section 9.1. FORECLOSURE OF LIENS. Not later than October 1 in any year,
the County shall file an action in the Superior Court to foreclose the lien'of each
delinquent assessment if the sum of uncured assessment delinquencies for the
preceding fiscal year exceeds five percent (5%) of the assessment installments posted
to the tax roll for that fiscal year, and if the amount of the special reserve fund is
less than $69,377.94.
Section 9.2. ARBITRAGE. During the term of the bonds, the County will
make no use of bond proceeds which, if such use had been reasonably expected at
the date the bonds are issued, could have caused the bonds to be "arbitrage bonds"
within the meaning of Section 148 of the United States Internal Revenue Code of
1986, and regulations, of the Internal Revenue Service adopted thereunder, and
further shall rebate to the United States any amounts required to be rebated on
account of arbitrage in accordance with the provisions of that Code and those
regulations.
Section 9.3. MAINTENANCE OF TAX EXEMPTION. The County will take all
reasonable actions required to maintain the status of interest on the bonds as
a
excludable from gross income for federal income tax purposes and as exempt from
the State of California personal income taxes.
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RESOLUTION NO. 93/244
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted by the Board of Supervisors of the County of Contra Costa, State of
California, at the regular meeting thereof, held on the 11th day of May, 1993.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
B, _
RESOLUTION NO. 93/244
MATURITY SCHEDULE
EXHIBIT A
Maturity Year Principal
1995 $ 62,598
1996 $ 75,000
1997 $ 80,000
1998 $ 80,000
1999 $ 85,000
2000 $ 95,000
2001 $100,000
2002 $105,000
2003 $115,000
2004 $125,000
2005 $135,000
2006 $145,000
2007 $155,000
2008 $165,000
2009 $175,000
2010 $190,000
2011 $205,000
2012 $220,000 -
RESOLUTION NO. 93/244 GXHIB1 i A
United States of America
State of California
County of Contra Costa
REGISTERED REGISTERED
Number $
LIMITED OBLIGATION IMPROVEMENT BOND
COUNTY OF CONTRA COSTA
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
SERIES NO. 1992-1
INTEREST RATE MATURITY DATE BOND DATE CUSIP NUMBER
REGISTERED OWNER:
PRINCIPAL SUM: DOLLARS
Under and by virtue of the Improvement Bond Act of 1915, Division 10
(commencing with Section 8500), of the Streets and Highways Code (the "Act"), the
County of Contra Costa, State of California (the "County"), will, out of the redemption
fund for the payment of the bonds issued upon the unpaid portion of assessments
made for the acquisition, work and improvements more fully described in
proceedings taken pursuant to Resolution of Intention No. 92/422, adopted by the
Board of Supervisors of the County of Contra Costa on the 16th day of June, 1992,
pay to the registered owner stated above or registered.assigns, on the maturity date
stated above, the principal sum stated above, in lawful money of the United States of
America and in like manner will pay interest from the interest payment date next
preceding the date on which this Bond is authenticated, .unless this Bond is
authenticated and registered as of an interest payment date,`in which event it shall
bear interest from such interest payment date, or unless this Bond is authenticated
and registered prior to March 2, 1994, in which event it shall bear interest from its
date, until payment of such principal sum shall have been discharged, at the rate per
annum stated above, payable semiannually on March 2 and September 2 in each year
commencing on March 2, 1994. Both the principal hereof and redemption premium
hereon are payable at the principal corporate trust office of Bank of America National
Trust and Savings Association, or its successor, as Paying Agent, Registrar and Transfer
Agent, in Glendale, California (the "Bank"), and the interest hereon is payable by
check by first-class mail, postage prepaid mailed on each interest payment.date to the
owner hereof at the owner's address as it appears on the registration books of the
Bank, or at such address as may have been filed with the Bank for that purpose, as of
the fifteenth day immediately preceding each interest payment date.
REFERENCE IS MADE TO THE FURTHER PROVISIONS OF THIS BOND
SET FORTH ON THE REVERSE SIDE HEREOF WHICH SHALL FOR ALL PURPOSES
HAVE THE SAME EFFECT AS THOUGH FULLY SET FORTH HEREIN.
This Bond will continue to bear interest after maturity at the rate above
stated, provided, it is presented at maturity and payment thereof is refused upon the
sole ground that there are not sufficient moneys in said redemption fund with which
to pay same. If it is not presented at maturity, interest thereon will run until maturity.
This Bond shall not be entitled to any benefit under the Act or the
Resolution Authorizing Issuance of Bonds (the "Resolution of Issuance"), or become
valid or obligatory for any purpose, until the certificate of authentication and
registration hereon endorsed shall have been dated and signed by the Bank.
RESOLUTION NO. 93/244 EXHIBIT Q
IN WITNESS WHEREOF, the County has caused this Bond to be signed
in facsimile by the Treasurer of said County and by its Clerk, and has caused its
corporate seal to be reproduced in facsimile hereon all as of the 25th day of May,
1993.
COUNTY OF CONTRA COSTA
Clerk Treasurer
(SEAL)
Certificate of Authentication and Registration
This is one of the Bonds described in the within mentioned Resolution of Issuance,
which has been authenticated and registered on
BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION
as paying agent, registrar and transfer agent
By
Authorized Officer
2
RESOLUTION NO. 93/244
(REVERSE OF BOND)
LIMITED OBLIGATION IMPROVEMENT BOND
COUNTY OF CONTRA COSTA
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
SERIES NO. 1992-1
ADDITIONAL PROVISIONS OF THE BOND
This Bond is one of several annual series of bonds of like date, tenor
and effect, but differing in amounts, maturities and interest rates, issued by the
County of Contra Costa under the Act and the Resolution of Issuance, for the purpose
of providing means for paying for the improvements described in said proceedings,
and is secured by the moneys in said redemption fund and by the unpaid portion of
said assessments made for the payment of said improvements, and, including principal
and interest, is payable exclusively out of said fund.
This Bond is transferable by the registered owner hereof, in person or
by the owner's attorney duly authorized in writing, at said office of the Bank, subject
to the terms and conditions provided in the Resolution of Issuance, including the
payment of certain charges, if any, upon surrender and cancellation of this Bond.
Upon such transfer, a new registered bond or bonds, of any authorized denomination
or denominations, of the same maturity, for the same aggregate principal amount, will
be issued to the transferee in exchange therefor.
Bonds shall be registered only in the name of an individual (including
joint owners), a corporation, a partnership or a trust. '
Neither the County nor the Bank shall be required to make such
exchange or registration of transfer of bonds during the fifteen (15) days immediately
preceding any interest payment date.
The County will not obligate itself to advance available funds from the
County treasury to cure any deficiency which may occur in the bond redemption
fund. A determination not to obligate itself shall not prevent the County from, in its
sole discretion, so advancing funds.
The County and the Bank may treat the registered owner hereof as the
absolute owner for all purposes, and the County and the Bank shall not be affected
by any notice to the contrary.
This Bond or any portion of it in the amount of $5,000 or any integral
multiple thereof, may be redeemed and paid in advance of maturity upon the second
day of March or September in any year by giving at least 30 days' notice by registered
or certified mail or by personal service to the registered owner hereof at such
owner's address as it appears on the registration books of the Bank and by paying
principal and accrued interest together with a premium equal to three percentum of
the principal.
I hereby certify that the following is a correct copy of the signed legal
opinion of STURGIS NESS BRUNSELL & A
p SSAF a professional corporation,
Emeryville, California, on file in my office.
Clerk of the Board of Supervisors
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RESOLUTION NO. 91/244
RESOLUTION NO. 9 3/2 4 6
RESOLUTION AUTHORIZING THE DIRECTOR OF PUBLIC WORKS
TO APPROVE OFFICIAL STATEMENT
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa resolves:
As a part of the proceedings for the sale of improvement bonds in
Assessment District No. 1992-1, Mrack Road Improvements Camino Tassajara Area,
County of Contra Costa, California, this Board hereby authorizes the Director of
Public Works to approve a Preliminary Official Statement for Assessment District No.
1992-1, Mrack Road Improvements Camino Tassajara Area,.County of Contra Costa,
California, and a Final Official Statement derived substantially therefrom.
Distribution of the Preliminary Official Statement and the Final Official Statement is
hereby authorized.
The Preliminary Official Statement is to be final except for certain
information which will not be known until the time of sale and will therefore be
"deemed final" within the meaning of Rule 15c2-12 of the Securities and Exchange
Commission.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted by the Board of Supervisors of the County of Contra Costa, State of
California, at the regular meeting thereof, held on the 11th day of May, 1993.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
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RESOLUTION NO. 93/246 ORM
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RESOLUTION NO. 9 3 247
RESOLUTION AUTHORIZING COUNTY TREASURER OR
CHIEF INVESTMENT OFFICER TO ENTER INTO BOND PURCHASE CONTRACT
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa resolves:
The County Treasurer or the Chief Investment Officer is hereby
authorized to enter into a bond purchase contract with M. L. Stern & Co., Inc., in
the form attached hereto as Exhibit A and by reference incorporated herein, to
purchase all of the improvement bonds to be issued in Assessment District No. 1992-
1, Mrack Road Improvements Camino Tassajara Area, County of Contra Costa,
California.
The County Treasurer or the Chief Investment Officer is authorized to
approve the interest rates on the bonds, to establish the date of the bonds and the
closing date for delivery of the bonds and to execute the bond purchase.contract.
The authority of the County Treasurer or the Chief Investment Officer to enter into
the bond purchase contract shall expire on June 30, 1993.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted by the Board of Supervisors of the County of Contra Costa, State of
California, at the regular meeting thereof, held on the 11th day of May, 1993.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
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RESOLUTION NO. 93/247
BOND PURCHASE CONTRACT
FOR
ASSESSMENT DISTRICT NO. 1992-1, SERIES NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
BOND PURCHASE OFFER M. L. Stern & Co. Inc. (the "Underwriter) hereby offers to
purchase all, but not less than all, of the improvement bonds designated "County of Contra
Costa Limited Obligation Bonds, Assessment District No. 1992-1, Series No. 1992-1, Mrack
Road Improvements Camino Tassajara Area" (the "Bonds"), to be offered by the County
of Contra Costa (the "County") under the terms and provisions of the Improvement Bond
Act of 1915 (Division 10 of the California Streets and Highways Code), and all laws
amendatory thereof or supplemental thereto.
ISSUE Not to exceed $2,312,598.00.
DENOMINATIONS The Bonds will be issued in $5,000 denominations, or any integral
multiple thereof with one odd bond in the first maturity.
MATURITIES The first interest payment on the Bonds shall be March 2, 1994, with
principal payments commencing on September 2, 1996, and annually thereafter as specified
below:
Maturity Principal Maturity Principal
1996 $ 62,598 2005 $125,000
1997 $ 75,000 2006 $135,000
1998 $ 80,000 2007 $145,000
1999 $ 80,000 2008 $155,000
2000 $ 85,000 2009 $165,000
2001 $ 95,000 2010 $175,000
2002 $100,000 2011 $190,000
2003 $105,000 2012 $205,000
2004 $115,000 2013 $220,000
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RESOLUTION NO. 93/248
RESOLUTION APPROVING AGREEMENT WITH
EAST BAY MUNICIPAL UTILITY DISTRICT
ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
The Board of Supervisors of the County of Contra Costa resolves:
As a part of the proceedings for improvements in Assessment District No.
1992-1, Mrack Road Improvements Camino Tassajara Area, County of Contra Costa,
California, this Board approves that certain agreement between the East Bay
Municipal Utility District and the County of Contra Costa dated May 11 , 1993 ,
1993, and on file with the Clerk of the Board of Supervisors.
The Chairman of the Board of Supervisors is authorized to sign -the agreement
and the Clerk of the Board is authorized to attest its execution.
I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted by the Board of Supervisors of the County of Contra Costa, State of
California, at the regular meeting thereof, held on the 11th day of May, 1993.
ATTEST:
PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
By
a i
RESOLUTION NO. 93/248
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' 93/249 -
• RESOLUTION N0.
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on May 11, 1993, by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES:, None
ABSENT: None
ABSTAIN: None
SUBJECT: Award of Contract for Assessment
District 1992-1 (Mrack Road)
in the Danville area
Project No. 4500-6X5181-92
Bidder Total Amount Bond Amounts
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Oliver de Silva, Inc. $927,469.25 Payment: .
P.O.; Box 4437 $463 ,734. 63
Hayward, CA 94540 Performance:
$927, 469.25
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O. C. Jones & Sons
Berkeley, CA
Joe !Carone, Inc.
Crockett, CA
Vintage Grading & Paving, Inc.
Napa, CA
Top! Grade Construction, Inc.
Livermore, CA
Redgwick Construction Co.
Hayward, CA
North Bay Construction, Inc.
Petaluma, CA
RGW' Construction, Inc.
Fremont, CA
The above-captioned project and the. specifications therefor having
been previously approved, and bids having been duly invited and
received by the Director of Public Works; and
The lowest monetary bid, which was presented by Joe Foster
Excavating, Inc. ("Foster Excavating") , having been accompanied by a
bid bond that does not comply with the project specifications and
statutory requirements, and said bidder having failed after
notification to furnish a complying bond and to extend the expiration
date of ; its bid, and said bid having expired; and
The bidder listed first above ("de Silva") having submitted the
lowest responsive and responsible bid, which is $14, 181. 70 less than
the next lowest bid; and
De ! Silva having submitted a completed MBE/WBE information form and
documentation of good faith effort to comply with the goals and
requirements of the County's Minority and Women Business Enterprise
Program; and the Board having evaluated said form and documentation;
and
De; Silva having previously requested to be relieved from the bid
it submitted on a project involving the same assessment district, but '
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AWARD OF CONTRACT FOR ASSESSMENT DISTRICT May 11, 1993
1992-1 (MRACK ROAD) , DANVILLE AREA
such request not having been acted on due to the County's rejection of
all bids for that project; and
De Silva having assured the County that, if the construction
contract 'is awarded to De Silva, De Silva is willing to assume all
potential' risks of the award being invalidated pursuant to Public
Contract ;Code Section 5105; and
The 'Director of Public Works recommending that the bid submitted
by de Silva is the lowest responsive and responsible bid, and this
Board concurring and so finding;
NOW,; THEREFORE, the Board finds, determines and orders as follows:
The 'Board DETERMINES that the bid presented by Foster Excavating
does not 'conform with the specifications for this project and with the
requirements of state statute, DETERMINES that said bid is non-
responsive and has expired, and REJECTS said bid on that basis; and
The ,Board FURTHER DETERMINES that de Silva, as the lowest monetary
bidder, has met or exceeded the minority business enterprise goal for
this project (i.e. , 14%) .and has demonstrated a good faith effort,
pursuant1to Public Contract Code Section 2000 and the specifications
for this project, to comply with the women business enterprise goal for
this project (i.e. , 6%) and the requirements of the County's Minority
and Women Business Enterprise Program, and the Board WAIVES any
irregularities in such compliance; and
The Board FURTHER DETERMINES that this project is materially
different from the previous project on which de Silva requested to be
relieved; of its bid, and to the extent necessary or permissible, the
Board WAIVES the provisions of Public Contract Code Section 5105; and
The! Board ORDERS that the contract for the furnishing of labor and
materials for said work is awarded to de Silva at the listed amount and
at the unit prices submitted in said bid, and that said contractor
shall present two good and sufficient surety bonds as indicated above,
and that the Director of Public Works shall prepare the contract
therefor; and
The,' Board FURTHER ORDERS that after the contractor has signed the
contract and returned it, together with the bonds as noted above and
any required certificates of insurance or other required documents, and
the Director of Public Works has reviewed and found them to be
sufficient, the Director ,of Public Works is authorized to sign the
contract for this Board; and
The Board FURTHER ORDERS that in accordance with the project
specifications and/or upon signature of the contract by the Director of
Public Works, any bid bonds posted by the bidders are to be exonerated
and any checks or cash submitted for security shall be returned; and
The Board FURTHER ORDERS that the Director of Public Works is
authorized to sign any escrow agreements prepared for this project to
permit the substitution of securities for moneys withheld by the County
to ensure performance under the contact, pursuant to Section 22300 of
the Public Contract Code; and
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Pursuant to Public Contract Code Section 4114, the Board DELEGATES
its functions under Public Contract Code Sections 4107 and 4110 to the
Director of Public Works or his designee; and
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The Board DECLARES that, should the award of the contract to de
Silva be invalidated for any reason, the Board would not in any event
have awarded the contract to the second listed bidder or any other
bidder„ but instead would have exercised its discretion to reject all
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AWARD OF CONTRACT FOR ASSESSMENT DISTRICT May 11, 1993
1992-1 (MRACK ROAD) , DANVILLE AREA
of the bids received. Nothing herein shall prevent the Board from
reawarding the contract to another bidder in cases where the successful
bidder establishes a mistake, refuses to sign the contract or fails to
furnish required bonds or insurance (see Public Contract Code Sections
5100-5107) .
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� 1 hereby certify that this is a true and correct coPY Of
an action taken and entered on the minutes of the
Board of Superviso''rson the date shown.
ATTESTED, —_ -
PHIL BATCHEL(&I clerk of the Board
of Supervisors and County Administrator
Deputy
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Orig. Dept: PW-Const.
' cc: County Administrator
Auditor-Controller
Public Works-Design
Accounting
R. Bruno
Contractor (Via Const. Div. )
Surety (Via Const. Div. )
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13511on b's rjulf a e! 8'i.1" }Phil ,J4f97na yzq .
Aril $b L,.:. .. ri('r h5l�'+FS^." rpt:
alit vo to b.ICQJ
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RESOLUTION NO. 93/255
RESOLUTION AUTHORIZING CHANGE ORDERS
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ASSESSMENT DISTRICT NO. 1992-1
MRACK ROAD IMPROVEMENTS CAMINO TASSAJARA AREA
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The Board of Supervisors of the County of Contra Costa resolves:
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The Board hereby authorizes the Director of Public Works to issue change
orders!for the work in Assessment District No. 1992-1, Mrack Road Improvements
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Camino Tassajara Area, County of Contra Costa, California, under the following
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conditions:
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!1. To correct clerical and technical errors in the.plans and specifications.
�2. To modify the design of the improvement to accord with better
engineering practice or to achieve economy-of,construction.
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13. To adjust the design of the improvement to utility
locations, soil conditions, or other conditions unknown or
uncertain when plans were drawn.
Cost increases in change orders issued under this authority shall not aggregate more
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than the amount set aside for construction contingencies in the cost estimate
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approved by the Board.
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I HEREBY CERTIFY that the foregoing resolution was duly and regularly
adopted by the Board of Supervisors of the County of Contra Costa, State of
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California, at the regular meeting thereof, held on the 11th day of May, 1993.
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ATTEST:
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PHIL BATCHELOR, Clerk of the
Board of Supervisors and
County Administrator
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- RESOLUTION NO. 93/255 uRIbI