HomeMy WebLinkAboutMINUTES - 06052001 - D.2 Title
RECORDING REQUESTED BY:
FIRST AMERICAN TITLE IIII III III III II III III III III III III I IIII II I IIIII
#777273 CONTRA COSTA Cc Recorder Office
When Recorded Return to: STEPHEN L, WEIR, Clerk-Recorder
DDC— 2001-0200023-00
Cheek Number
CLERK OF THE BOARD OF SUPERVISORS, Thursday, JUL 12, 2001 11:34:00
CONTRA COSTA COUNTY FRE $0.00
551 PINE STREET Tt 1 Pd $0.00 Nbr-0000441575
MARTINEZ, CA 94553-0095' da r/R7/1-3
Space Above This Line For Recorder's Use Only
TYPE OF DOCUMENT ATTACHED
AMENDED NOTICE OF SPECIAL TAX LIEN
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I �
RECORDING REQUESTS Y AND
AFTER RECORDATION RWJRN TO: •
D
Clerk of the Board of Supervisors
Contra Costa County ' -20002.3
551 Pine Street
Martinez,CA 94553-0095
AMENDED NOTICE OF SPECIAL TAX LIEN
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon))
Pursuant to the requirements of Section 3117.5 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,State of California, hereby gives notice that a lien to
secure payment of a special tax is hereby imposed by the Board of Supervisors of the County of
Contra Costa. The special tax 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
acquisition and construction of all or a portion of public facilities in and according to the rate
and method of apportionment set forth in that certain Notice of Special Tax Lien heretofore
recorded in the Office of the County Recorder of the County of Contra Costa,State of California
on June 12, 2001; at the hour of 2:45 o'clock p.m. as Document No. 2001-0162454-00, to which
recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are
hereby incorporated by this reference.
This Amended Notice of Special Tai: Lien amends the Notice of Special Tax Lien to
delete one parcel of real property erroneously included in the Notice of Special Tax Lien
described above.
The assessor's tax parcel(s) numbers of all parcels or any portion thereof on which the
special tax is imposed and which are included in this Amended Notice of Special Tax Lien,
together with the name(s) of the owner(s) thereof, as they appear on the latest secured
assessment roll as of the date of recording hereof or as are otherwise known to the County are
as set forth in Exhibit A hereto and hereby made a part hereof.
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 Countv of Contra Costa, 625 Court Street, Room 103,
Martinez,California,94553, telephone number (925) 646-2181.
Dated: As of '3 2001.
By:
C of the Board of Supervisors,
County of Contra Costa
RECORDING REQUESTED BY AND 200023
EXHIBIT A
COUNTY OF CONTRA COSTA
Community ]Facilities District No. 2001-1
(:Norris Canyon)
ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN COMMUNITY
FACILITIES DISTRICT
The following Assessor's Parcel Numbers are owned by Toll Land XXII Limited
Partnership
Assessor's Parcel Nos.
209-050-021-2 209-970-013-6 209-960-017-9
209-050-022-0 209-970-014-4 209-960-018-7
209-050-033-7 209-970-015-1 209-960-019-5
209-050-042-8 209-970-016-9 209-950-008-0
209-970-021-9 209-970-017-7 209-950-009-8
209-970-020-1 209-970-018-5 209-950-010-6
209-970-024-3 209-960-005-4 209-950-011-4
209-970-022-7 209-960-006-2 209-950-012-2
209-970-023-5 209-960-007-0 209-950-013-0
209-960-001-3 209-960-008-8 209-950-014-8
209-960-002-1 209-960-009-6 209-950-015-5
209-960-003-9 209-960-010-4 209-950-016-3
209-960-004-7 209-960-011-2 209-050-020
209-970-001-1 209-950-001-5 209-050-034
209-970-002-9 209-950-003-1 209-050-035
209-970-003-7 209-950-004-9 209-050-036
209-970-004-5 209-950-005-6 209-050-037
209-970-005-2 209-950-006-4 209-050-043
209-970-006-0 209-950-007-2 209-050-045
209-970-007-8 209-960-012-0 209-050-046
209-970-008-6 209-960-013-8 209-050-047
209-970-009-4 209-960-014-6 209-050-048
209-970-010-2 209-960-015-3 209-080-006
209-970-011-0 209-960-016-1 209-080-008
209-970-012-8
R ( I L" .CXX I I
� W
hip
Exhibit A END OF DOCUMENT
Pagel
RECORDING REQUESTED BY AND IIII III III I III II II IIII II III I II VIII I IIII I III III II
AFTER RECORDATION RETURN TO: CONTRA COSTA Co Recorder Office
STEPHEN L, WEIR, Clerk-Recorder
Clerk of the Board of Supervisors DDC— 2001-0162454-00
Contra Costa Count
Tuesday, JUN 12, 2001 14:45:03
County FRE $0.00
551 Pine Street Tt 1 Pd0.00 Nbr-0000399472
Martinez,CA 94553-0095 1 r e/RS/1-12
NOTICE OF SPECIAL TAX LIEN
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon))
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, State of California, hereby gives notice that a lien to
secure payment of a special tax is hereby imposed by the Board of Supervisors of the County of
Contra Costa. The special tax 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
acquisition and construction of all or a portion of the public facilities described on Exhibit A
attached hereto and hereby made a part hereof.
The special tax is authorized to be levied within Community Facilities District No. 2001-
1 (Norris Canyon) (the "CFD") 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 canceled in accordance with law or until the special tax ceases to be levied and a notice of
cessation of special tax is recorded in accordance with section 53330.5 of the Govemment
Code.
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 canceled are as set forth in said Exhibit B and hereby
incorporated herein by this reference.
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
alien upon all nonexempt real property within the CFD in accordance with Section 3115.5 of
the Streets and Highways Code of California.
The name(s) of the owner(s) and the assessor's tax parcel numbers of the real property
included within the area of the CFD and not exempt from the special tax 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 68 of Maps of Assessment and Community Facilities Districts at Page 35, 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 CFD.
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, Room 103,
Martinez, California, 94553, telephone number (925) 646-2181.
Dated: As of June 5, 2001.
:
BY
Clerk oft B a d of Supervisors,
Coun f ontra Costa
-2-
EXHIBIT A
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
DESCRIPTION OF FACILITIES TO BE FINANCED BY THE CFD
DESCRIPTION OF FACILITIES
The Facilities shown below are to be financed by the above-designated community
facilities district (the "CFD") of the County of Contra Costa (the "County"). The Facilities shall
include the attributable costs of engineering, design, planning and coordination, together with
the expenses related to the issuance and kale of any special tax bonds, including underwriters'
discount, appraisals, reserve fund, capitalized interest, bond counsel, special tax consultant,
bond and official statement printing and all other expenses incidental thereto. The Facilities
shall be constructed pursuant to plans and specifications approved by the County and by the
respective officials of the other public entities that will own any of the Facilities.
The widening of Norris Canyon Road, an existing County public road, to 34 feet. The
sharper curves will be softened and new drainage facilities installed. The widening will
start at the intersection of Bollinger Canyon Road and will continue a distance of over
7,700 feet. However, only that portion of Norris Canyon Road within Contra Costa
County is included in the CFD. Such improvements will include: grading, pavement,
curbs and gutters, rock shoulder, traffic signing and striping and street lights;
construction of sanitary sewer mains, structures, fittings and appurtenances;
construction of storm drainage pipes, catch basins, structures, fitting and
appurtenances; construction of water distribution facilities and appurtenances;
construction of joint utility distribution facilities for electrical, telephone, gas, cable, TV,
including trenching, conduit and cable installation, pull and splice boxes, fittings and
appurtenances, and relocation of overhead facilities; construction of landscaping and
irrigation facilities, including soil preparation, landscape materials, irrigation pipes,
fittings and appurtenances; required attendant public fees and design and construction
engineering fees;and acquisition of all necessary interests in real property.
Exhibit A
Page 1
EXHIBIT B
COUNTY OF CONTRA COSTA
Community Facilities District No.2001-1
(Norris Canyon)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
A Special Tax applicable to each Assessor's Parcel in Community Facilities District No. 2001-1
(herein "CFD No. 2001-1") shall be levied and collected according to the tax liability
determined by the Board of Supervisors of the County of Contra Costa or its designee, as
described below. All of the property in CFD No. 2001-1, unless exempted by law or by the
provisions of 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:
"Acre or Acreage" means the land area of 'an Assessor's Parcel. as shown on an Assessor's
Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown
on the applicable final map,parcel map, or other recorded County parcel map.
"Act" means the Mello-Roos Community Facilities Act of 1982, as amended,being Chapter 2.5,
(commencing with Section 53311),Division 2 of Title 5 of the Government Code of the State of
California.
"Administrative Expenses" means any or all of the following: the fees and expenses of any
fiscal agent or trustee (including any fees and expenses of its counsel) employed in connection
with any Bonds; any costs associated.with the marketing or remarketing of the Bonds; the
expenses of the Administrator and the County in carrying out their respective duties under any
fiscal agent agreement, indenture or resolution with respect to the Bonds or CFD No. 2001-1,
including,but not limited to, the levy and collection of the Special Tax, the fees and expenses of
legal counsel, charges levied by the County or any division or office thereof in connection with
the levy and collection of Special Taxes, audits, continuing disclosure or other amounts needed
to pay arbitrage rebate to the federal government with respect to Bonds; costs associated with
mp
colying with continuing disclosure requirements; costs associated with responding to public
inquiries regarding Special Tax levies and appeals; attorneys' fees and other costs associated
with commencement or pursuit of foreclosure for delinquent Special Taxes; costs associated
with overhead expense allocations to CFD No. 2001-1; and all other costs and expenses of the
County, the Administrator, and any fiscal agent, escrow agent or trustee related to the
administration of CFD No. 2001-1.
"Administrator" shall mean the person. or firm designated by the Board to administer the
Special Tax according to this Rate and Method of Apportionment of Special Tax.
"Annual Interest Component" means the total amount of interest on Bonds in the calendar year
commencing in such Fiscal Year.
"Assessor's Parcel" or "Parcel" means a lot or parcel shown in an Assessor's Parcel Map with
an assigned Assessor's Parcel number.
"Assessor's Parcel Map" means an official map of the County Assessor of the County of
Contra Costa designating parcels by Assessor's Parcel Number.
"Bonds" means any bonds or other debt (as defined in Section 53317(d) of the Act), whether in
one or more series, issued by CFD No.2001-1 under the Act.
"Board" means the Board of Supervisors of the County of Contra Costa.
"Capitalized Interest" means funds in any capitalized interest account available to pay debt
service on Bonds issued by CFD No. 2001-1.
"Capitalized Interest Requirement"means the least of: i) the Annual Interest Component, ii) the
difference between the Special Tax Requirement and the amount determined pursuant to Step 1
of Section E hereof, or iii) the amount of Capitalized Interest available.
"County" means the County of Contra Costa.
"Developed Property" means Taxable Property for which a building permit for construction
was issued prior to June 1 of the preceding Fiscal Year.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Homeowners' Association Property" means any property within the boundaries of CFD No.
2001-1 which is owned by a homeowners' or property owners' association.
"Land Use Class" means one of the defined land use categories for which a specific Maximum
Special Tax is identified in Table 1 in Section C below.
"Maximum Special Tax" means the maximum amount of Special Tax,determined in accordance
with Section C below, that can be levied in any Fiscal Year.
"Other Property" means Developed Property which is not Residential Property, Public
Property,or Homeowners' Association:Property.
"Planned Units" means the number of individual residential units that were expected to be
constructed on property within CFD No. 2001-1 as shown in Attachment 1.
"Proportionately" means, for Residential Property and Other Property, that the ratio of the
actual Special Tax levied in any Fiscal Year to the Maximum Special Tax authorized to be
levied in that Fiscal Year is equal for all Assessor's Parcels of Residential Property and Other
Property. For Undeveloped Property, "Proportionately" means that the ratio of the actual
Special Tax to the Maximum Special Tax is equal for all Assessor's Parcels of Undeveloped
Property. For Homeowners' Association Property and nonexempt Public Property,
"Proportionately" means that the ratio of the actual Special Tax to the Maximum Special Tax
is equal for all Assessor's Parcels of Homeowners' Association Property and Public Property.
"Public Property" means any property within the boundaries of CFD No. 2001-1 that is owned
by or irrevocably offered for dedication to the federal government, State of California or other
local governments or public agencies.
"Residential Property" means, in any Fiscal Year, any Parcel of Developed Property for the
construction of a residential structure which is not Homeowners' Association Property or Public
Property.
"Special Tax" means a special tax levied in any Fiscal Year that will be used to pay the Special
Tax Requirement,as defined below.
"Special Tax Requirement"means the total amount needed each Fiscal Year to (i) pay principal
and interest on Bonds in the calendar year commencing in such Fiscal Year, (ii) create or
replenish reserve funds, (iii) cure any delinquencies in the payment of principal or interest on
indebtedness of CFD No. 2001-1 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, (iv)pay Administrative Expenses.
."Taxable Property"means all of the Assessor's Parcels within the boundary of CFD No. 2001-
1 which are not exempt from the Special.Tax pursuant to law or Section G below.
"Tentative Map" means the tentative map for Norris Canyon Estates approved by the Board in
August 1997.
"Undeveloped Property" means any Parcel of Taxable Property within CFD No. 2001-1 for
which a building permit has not been issued prior to June 1 of the preceding Fiscal Year.
B. ASSIGNMENT TO LAND USE CLASS
Each Fiscal Year, the Administrator shall categorize each parcel of property in CFD No. 2001-1
as Developed Property or Undeveloped Property, and Parcels of Developed Property shall be
further identified as either Residential Property, Other Property, Homeowners' Association
Property or Public Property. For each Parcel of Other Property within the CFD, the
Administrator shall determine how many Planned Units had been expected on the Parcel in
order to assign the Maximum Special Tax pursuant to Section C below.
C. MAXIMUM SPECIAL TAX
Pursuant to Section 53321 (d) of the Act, a Maximum Special Tax must be established as a
specific dollar amount before a Parcel Ls first subject to the tax when in private residential use.
The following maximum rates shall apply to all Parcels of Taxable Property within CFD No.
2001-1 for each Fiscal Year in which the Special Tax is collected:
TABLE 1
MAXIMUM SPECIAL TAX
(Fiscal Year 2001-02)
Land Maximum Special Tax
Use Class Description (Fiscal Year 2001-02)
1 Residential Property $2,100 per Parcel
2 Other Property $2,100 per Planned Unit of the
Parcel before it became Other
Property
3 Undeveloped Property $3,360 per Acre
Pursuant to Section 53321 (d) of the Act, the Special Tax levied against a Parcel used for
private residential purposes shall under no circumstances increase more than ten percent (10%)
as a consequence of delinquency or default by the owner of any other Parcel or Parcels and
shall, in no event, exceed the Maximum Special Tax in effect for the Fiscal Year in which the
Special Tax is being levied.
D. MANDATORY PREPAYMENT OF SPECIAL TAX RESULTING FROM TENTATIVE
MAP REVISIONS
It is possible that a revision in the Tentative Map could result in less Special Tax revenue being
available from the CFD. To preclude this result, after CFD No. 2001-1 has been formed, the
County shall apply the following steps for every proposed Tentative Map revision:
Step 1: The County or its designee shall calculate the Maximum Special Tax
revenues that could be collected from the property affected by the
proposed Tentative Map revision (the "Affected Property") prior to the
revision being approved;
Step 2: The County or its designee shall calculate the Maximum Special Tax
revenues that could be collected from the Affected Property if the
Tentative Map revision is approved;
Step 3: If the amount determined in Step 2 is higher than that calculated in Step
1, the Tentative Map revision may be approved without prepayment of
the Special Tax. If the revenues calculated in Step 2 are less than those
calculated in Step 1, the County may not approve the Tentative Map
revision unless the landowner requesting the Tentative Map revision
prepays a portion of the Special Tax obligation that would have applied
to the Affected Property prior to approval of the revision in an amount
sufficient to retire a portion of the Bonds and maintain 110% coverage on
the Bonds' debt service with the reduced Maximum Special Tax revenues
that will result after the Tentative Map revision is approved. The
required prepayment shall be calculated using the formula set forth in
Section H below. Property owners wishing to prepay the Special Tax as
a result of a Tentative Map revision cannot be delinquent on past Special
Taxes on the Affected Property.
E. METHOD OF LEVY AND COLLECTION OF THE SPECIAL TAX
Commencing with Fiscal Year 2001-02 and for each following Fiscal Year, the Administrator
shall determine the Special Tax Requirement for that Fiscal Year. The Special Tax shall then be
levied as follows:
Step 1:The Special Tax shall be levied Proportionately on each Parcel of Residential Property
and Other Property up to 100% of the Maximum Special Tax up to the Special Tax Requirement
for each Land Use Class for such Fiscal Year as determined pursuant to Section C. The
Maximum Special Tax for a Parcel of Other Property shall be the total Maximum Special Taxes
for the Planned Units that the Other Property replaced, as determined by the Administrator;
Step 2:Determine the Capitalized Interest Requirement, if any, and add it to the amount levied
under Step 1;
Step 3:If the total of the Capitalized Interest Requirement and the amount levied under Step 1
is less than the Special Tax Requirement, the Special Tax shall be levied Proportionately on each
Assessor's Parcel of Undeveloped Property within the CFD, up to 100% of the Maximum
Special Tax for Undeveloped Property for such Fiscal Year determined pursuant to Section C;
Step 4:If additional monies are needed after applying the first three steps, the Special Tax shall
be levied Proportionately on each Parcel of Homeowners' Association Property and Public
Property which originally had Planned Units, up to 100% of the Maximum Special Tax for
Undeveloped Property for such Fiscal Year determined pursuant to Section C.
F. MANNER OF COLLECTION
The Special Taxes for CFD No. 2001-1 shall be collected in the same manner and at the same
time as ordinary ad valorem property taxes, provided, however, that prepayments are
permitted as set forth in Section H belo;N (and may be required in the case of Tentative Map
revisions) and provided further that the County may directly bill the Special Tax, may collect
Special Taxes at a different time or in a different manner, and may collect delinquent Special
Taxes through foreclosure or other available methods.
The Special Tax shall be levied and collected until principal and interest on Bonds have been
repaid and authorized facilities to be constructed directly from Special Taxes proceeds have
been completed. However, in no event shall a Special Taxes be levied after Fiscal Year 2039-
2040.
G. EXEMPTIONS
Notwithstanding any other provision of this Rate and Method of Apportionment of Special
Tax, no Special Taxes shall be levied on Public Property, except as otherwise provided in
Sections 53317.3 and 53317.5 of the Act.
H. PREPAYMENT OF SPECIAL TAX
The following definitions apply to this Section H:
"Future Facilities Costs" means the Public Facilities Requirements (as defined below)
minus public facility costs funded by Previously Issued Bonds, interest earnings on the
construction fund actually earned prior to the date of prepayment, Special Taxes,
developer equity, and/or any other source of funding.
"Outstanding Bonds" means all Previously Issued Bonds which remain outstanding,
with the following exception: if a Special Tax has been levied against, or already paid
by, an Assessor's Parcel making a prepayment, and a portion of the Special Tax will be
used to pay a portion of the next principal payment on the Bonds that, remain
outstanding (as determined by the Administrator), that next principal payment shall be
subtracted from the total .Bond principal that remains outstanding, and the difference
shall be used as the.amount of "Outstanding Bonds" for purposes of this prepayment
formula.
"Previously Issued Bonds" means all Bonds that have been issued by CFD No. 2001-1
prior to the date of prepayment.
"Public Facilities Requirements" means either $5,900,000 in 2001 dollars, which shall
increase by three percent (3%) on January 1, 2002, and on each January 1 thereafter, or
such lower number as shall be determined by the County as sufficient to fund public
facilities to be provided by CFD No. 2001-1 under the authorized bonding program for
CFD No. 2001-1.
The Special Tax obligation applicable to an Assessor's Parcel in CFD No. 2001-1 may be
prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently
satisfied as described herein, provided that a prepayment may be made only if there are no
delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An
owner of an Assessor's Parcel intending to prepay the Special Tax obligation shall provide the
County with written notice of intent to prepay. Within 30 days of receipt of such written notice,
the County shall notify such owner of the prepayment amount of such Assessor's Parcel.
Prepayment must be made not less than 75 days prior to any interest payment date for Bonds
to be redeemed with the proceeds of such prepaid Special Taxes.
The Prepayment Amount shall be calculated as follows (capitalized terms as defined below):
Bond Redemption Amount:
plus Future Facilities Amount
plus Redemption Premium
plus Defeasance
plus Administrative Fees and Expenses
less Reserve Fund Credit
equals Prepayment Amount
As of the proposed date of prepayment, the Prepayment Amount shall be determined by
application of the following steps:
Step 1: Compute the total Maximum Special Tax that could be collected from the
Assessor's Parcel prepaying the Special Tax in the Fiscal Year in which
prepayment would be received by the County.
Step 2: Divide the Maximwn Special Tax computed pursuant to Step 1 for such
Assessor's Parcel b:y the lesser of (i) the Maximum Special Tax revenues
that could be collected in that Fiscal Year from property in the entire
CFD, or (ii) the Maximum Special Tax revenues that could be generated
at buildout of property in the CFD based on anticipated land uses at the
time the prepayment is calculated.
Step 3: Multiply the quotient computed pursuant to Step 2 by the Outstanding
Bonds to compute the amount of Outstanding Bonds to be retired and
prepaid. (the "Bond Redemption Amount").
Step 4: Compute the current:Future Facilities Costs.
Step 5: Multiply the quotient computed pursuant to Step 2 by the amount
determined pursuant to Step 4 to compute the amount of Future Facilities
Costs to be prepaid (the "Future Facilities Amount").
Step 6: Multiply the Bond Redemption Amount computed pursuant to Step 3 by
the applicable redemption premium,if any, on the Outstanding Bonds to
be redeemed (the"Redemption Premium").
Step 7: Compute the amount needed to pay interest on the Bond Redemption
Amount starting with the first Bond interest payment date after which
the prepayment has been received until the earliest redemption date for
the Outstanding Bonds. However, if Bonds are callable at the first
interest payment date after the prepayment has been received, Steps 7, 8
and 9 of this prepayment formula will not apply.
Step 8: Compute the amount of interest the County reasonably expects to derive
from reinvestment of the Bond Redemption Amount plus the Redemption
Premium from the first Bond interest payment date after which the
prepayment has been received until the redemption date for the
Outstanding Bonds.
Step 9: Take the amount computed pursuant to Step 7 and subtract the amount
computed pursuant to Step 8 (the "Defeasance").
Step 10: The administrative fees and expenses of CFD No. 2001-1 are as
calculated by the County and include the costs of computation of the
prepayment, the costs of redeeming Bonds,and the costs of recording any
notices to evidence the prepayment and the redemption (the
"Administrative Fees and Expenses").
.Step 11: A reserve fund credit shall be calculated as the reduction, if any, in the
applicable reserve fund for the Outstanding Bonds to be redeemed
pursuant to the prepayment (the "Reserve Fund Credit").
Step 12: The Special Tax prepayment is equal to the sum of the amounts
computed pursuant to Steps 3, 5, 6, 9, and 10, less the amount computed
pursuant to Step 1.1 (the "Prepayment Amount").
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EXHIBIT C
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
ASSESSOR'S PARCEL NUMBERS AND OWNERS OF LAND WITHIN COMMUNITY
FACILITIES DISTRICT
The following Assessor's Parcel Nos. are all owned by Toll Land XXH Limited
Partnership.
s ss )r's Parcel Nos.
209-050-021-2 209-960-009-6
209-050-022-0 209-960-010-4
209-050-033-7 209-960-011-2
209-050-042-8 209-950-001-5
209-970-021-9 209-950-003-1
209-970-020-1 209-950-004-9
209-970-024-3 209-950-005-6
209-970-022-7 209-950-006-4
209-970-023-5 209-950-007-2
209-960-001-3 209-960-012-0
209-960-002-1 209-960-013-8
209-960-003-9 209-960-014-6
209-960-004-7 209-960-015-3
209-970-001-1 209-960-016-1
209-970-002-9 209-960-017-9
209-970-003-7 209-960-018-7
209-970-004-5 209-960-019-5
209-970-005-2 209-950-008-0
209-970-006-0 209-950-009-8
209-970-007-8 209-950-010-6
209-970-008-6 209-950-011-4
209-970-009-4 209-950-012-2
209-970-010-2 209-950-013-0
209-970-011-0 209-950-014-8
209-970-012-8 209-950-015-5
209-970-013-6 209-950-016-3
209-970-014-4 209-950-002-3
209-970-015-1 209-050-020
209-970-016-9 209-050-034
209-970-017-7 209-050-035
209-970-018-5 209-050-036
209-960-005-4 209-050-037
209-960-006-2 209-080-006
209-960-007-0 209-080-008
209-960-008-8
Exhibit C
Page 1
Community Contra Dennis M.Barry,AICP
. Community Development Director
Development Costa
Department County
County Administration Building
651 Pine Street
4th Floor, North Wing
Martinez, California 94553-0095
Phone: (925) 335-1255
7q COUh'�
July 2, 2001
Judy Harlan-Ong
First American Title
1850 Mt. Diablo Blvd., Ste. 300
Walnut Creek, CA 94596
Dear Ms. Harlan-Ong:
RE: Amended Notice of Special Tax Lien - Contra Costa County Community
Facilities District 2001-1 (Norris Canyon Estates)
Enclosed is an executed Accomodation Recording Agreement from the County of Contra
Costa. The second party, Toll Land XII, will execute the Agreement in counter part.
With this Agreement in place, please record the Amended Notice of Special Tax Lien
attached hereto.
Thank you for your assistance on this matter. If you have any questions please feel free
to call me at (925) 335-1255.
Sincerely,
J m e
nnedy
yep ty Directo , - Redevelopment
cc: Mike O'Hara, Toll Brothers
David Oster, Jones Hall
File K3.8(c)
JK:ln
enclosures
W:\Personal\Letters\cd.harlan-on87.0l.doc Page 1 of 1
�ffice Hours Monday - Friday: 8:00 a.m. - 5:00 p.m.
Office is closed the 1 st:, 3rd & 5th Fridays of each month
ACCOMMODATION RECORDING AGREEMENT
First American Title Insurance Company ("First American") has been requested to
record the document(s)identified below as an accommodation for County of Contra Costa
and Poll Land XXII Lim' ("Indemnitor"). This Accommodation
Recording Agreement is entered into by Indemnitor and First American for the benefit and
protection of First American.
It is understood that First American will act as a courier in requesting the recording of
documents identified below without benefit of examination of the documents or the title to
any property purportedly affected thereby by First American; and
Indemnitor acknowledges that First American derives no direct or indirect benefit
from the recording of the document(s). Indemnitor recognizes that First American would
not request the accommodation recording of the document(s) without this Agreement.
In consideration for First American's requesting the recording of the document(s)
identified below, Indemnitor hereby waives and releases First American from any and all
claims arising out to the documents(s) identified below and agrees to hold harmless, protect
and indemnify First American from and against any and all liabilities, losses, damages,
expenses and charges, including but not limited to attorney's fees and expenses of litigation,
which may be sustained or incurred by First American in any way relating to, or arising
directly or indirectly out of arty accommodation recording requested by Indemnitor,
including any claim, action, proceeding, judgment, order or process arising from based
upon or growing out of First American's active or passive negligence in connection with the
documents identified below.
Indemnitor further agrees that if suit shall be brought to enforce this Agreement,
Indemnitor will pay First American's attorney's fees.
Documents to be recorded as an accommodation:
Document Title First Party Second Party
1. Amended Notice of C-C'_ County Toll Land XXII
Special Tax Lien
2.
3.
Indemnitor's check payable; to First .American Title to cover the costs of the
requested recording of the documents identified above. (ALL RECORDING FEES DUE
COLLECT THRU ESCROW NO. 777273.
The Indemnitor has executed this Accommodation Recording Agreement this 27th
day of June, 2001.
INDEMNITORS:
County of Contra Costa
By:
Name
Jim Kennedy To: Lisa Noble/CD/CCC@CCC
06/27/200103:26 PM
cc:
Subject: Lot 31, TRACT NO.7578, San Ramon/Christiansen Parcel
----- Forwarded by Jim Kennedy/CD/CCC on 06/27/200103:30 PM -----
"Judy Harlan-Ong" To: "mo hara@toIIbrothers inc.com"<mohara@to I I brothers i nc.com>,
" < harlan-on @firstam
J 9 jkenn@cd.co.contra-costa.ca.us <jkenn@cd.co.contra-costa.ca.us>
06/27/200103:05 PM
Please respond to cc:
jharlan-ong Subject: Lot 31, TRACT NO.7578, San Ramon/Christiansen Parcel
C.�
Attached is a copy of the Accommodation Recording Instructions which
will need to be executed and returned to me with th ended Notice of
Special Tax Lien.
I can not record this documents without the instructions to record.
Thank you.
Judy Harlan-Ong
Special Projects Officer
777273.doc
David Oster To: <jkenn@cd.co.contra-costa.ca.us>, <mohara@tollbrothersinc.com>,
<doster hhw.com> <harlan-on
�. @j j g@firstam.com>
06/26/2001 02:52 PM
Cc:
Subject: Amended Notice of Special Tax Lien
Attached please find a form of Amended [Notice of Special Tax Lien. I
understand that Exhibit A, the correct assessor parcel numbers and property
owner names, will be supplied by Mike O'Hara and that First American will
assist with the recording. This does not have to be recorded prior to our
June 28, 20012, bond closing.
n
AmNot.doc
Jim Kennedy To: mohara@tollbrothersinc.com
06/27/2001 06:57 AM
cc:
cc:
Subje+ct: Amended Notice of Special Tax Lien
Mike: I will need the information for Exhibit A of the above by Monday, July 2. 1 am on vacation after 7/6
and want to get this done before I leave. The holiday of 7/4 impacts availability of people to accomplish
as well. Jim
COUNTY OF CONTRA COSTA
COMMUNITY FACILITIES DISTRICT NO. 2001-1
(NORRIS CANYON)
ORDER OF PROCEEDINGS FOR HEARINGS AND ACTIONS
STEP 1.
A. The CHAIR OF THE BOARD OF 5UPERVI50R5 makes the following opening
remarks:
'This is the time and place for the public hearings in this Board's proceedings for
Community Facilities District No. 2001-1 (Norris Canyon). The hearings are to inquire
into the formation of the District, the levy of special taxes in the District and the
need to incur bonded indebtedness in the District.
"Before I formally open the hearings, are there any property owners or registered
voters in the District who wish to file written protests? If so, they must be filed
with the Clerk of the Board now.
(Pause to see if there are any protests.]
"The hearings are now officially opened. To have orderly hearings, we will first have
presentations by staff and the consultants about the District. After that, we will
receive comments and questions and any oral protests from any inte sons.
When all comments have been received the hearings will be clos
B. Staff and consultants make preser.,tations
C. Time for comments, questions and protests from oudien e.
D. Close hearings
E. The Board of Supervisors may then ask questions and discuss the District.
F. When discussion is through, the Board considers and adop ts:
n oF^rm�,at�ar ^f o un
• A Re tion Determi it to r on do in
Community Facilities District; and ✓
• olut' n alling peci Erle 'on.
W: Personal\Docum ents\N orrisCanyon.1-learings.5.01
STEP 2.
A. The CHAIR OF THE BOARD then announces:
'At this time, I ask the Clerk of the Board to open the ballot(s) and ant
results of the election."
[Pause for opening of ballo t(s).J
R. The Clerk opens the ballots)and announces the results of the election. The Clerk
then completes one copy of the Canvass and Statement of Result of Election.
STEP 3.
A. The CHAIR OF THE BOARD then announces:
"The results of the election being unanimously in favor of the levy of the special
taxes, the establishment of the appropriations limit and the incurring of bonded
indebtedness, we may now proceed with the final actions for the District."
R. The Board considers and takes the following actions:
• ADOPTION OFA Resolution DAG ring Res of 5pe ' I EI cti o nd
ecting Rec i of No ice of Sp ' ax Lien,
• FIRSTREADIN An Grdinance the Board of Supervisors of the County
Of ContLa Cosa Levying ,eci axes wit ommuni Faci ' ie i trict No.
2 1-1 (Norris Canyon);
• OPTION OFA solution Authorizing the Issu and ale ecial Tax
Bon , and oving a�� tho ' in elat cumen an do
END OF ITEM
14
W: Personal\Documents\NorrisCanyon.Hearings.5.01
Contra
TO: BOARD OF SUPERVISORCosta
SUPERVISOR'S'
County
FROM: Dennis M. Barry, AICP
Community Development Director
DATE: June 5, 2001
SUBJECT: Norris Canyon Community f=acilities District 2001-1
SPECIFIC REQUEST(S) OR RECOMMENDATIONS(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
HOLD Public Hearing to consider:
• The establishment of a Mello-Roos Community Facilities District 2001-1 to finance infrastructure necessary
for the development known as Norris Canyon Estates, San Ramon Area;
• The proposed issuance of debt on behalf of the above referenced CFD, including the public interest,
convenience, and necessity for the issuance of bonds;
ADOPT Resolutions including:
• A Resolution of Formation of County of Contra Costa Community Facilities District No. 2001-1 (Norris
Canyon) (the "CFD");
• A Resolution Determining Necessity to Incur Bonded Indebtedness to finance public facilities within and
benefiting the CFD;
• A Resolution Calling Special.Election by the qualified electors within the CFD:
CANVASS results of Special Tax Election by the Clerk of the Board.
ADOPT actions for the CFD including:
• A Resolution Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien;
• First reading of an Ordinance of the Board of Supervisors of Contra Costa County Levying Special Taxes
within Community Facilities District No.2001-1 (Norris Canyon);
• A Resolution Authorizing the Issuance and Sale of Special Tax Bonds, and Approving and Authorizing
Related Documents and Actions;
CONTINUED ON ATTACHMENT: X _ YES SIGNATURE:
ECOMMENDATION OF COUNTY ADMINISTRATOR ECOM NDATION O BOARD
COMMITTEE APPROVE OTHER
SIGNATURE(S)
ACTION OF BO ON .June 5 , 2001 APPROVED AS RECOMMENDED x OTHER
See rated Resolutions Nos. 2(01/244; 2001/247; 2001/246; 2001/243; and 2001/245
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A
xx UNANIMOUS (ABSENT ) TRUE AND CORRECT COPY OF AN
AYES: NOES: ACTION TAKEN AND ENTERED ON THE
ABSENT: ABSTAIN: MINUTES OF THE BOARD OF
SUPERVISORS ON THE DATE SHOWN.
Contact: Jim Kennedy
3-1255
orig: Community Development
cc: County Administrator ATTESTED .me 5, 2001
County Counsel JOHN SWEETEN, CLERK OF THE
Treasurer-Tax Collector BOARD OF SUPERVISORS
Auditor-Controller AND THE COUNTY ADMINISTRATOR
Public Works ,
BY)l DEPUTY
W: \Personal\Boardorders\BOARD. 6 . 5.norriscanyonmelloroos 1
FISCAL IMPACT
None. Bonds to be issued are secured solely by voter approved special taxes, and reserve accounts
created by the issuer. All costs of establishing the Community Facilities District are paid by the
Developer participant. All costs of administering the CFD are covered by the voter approved Special
Tax.
BACKGROUND/REASONS FOR RECOMMENDATIONS
On May 1,2001 the Board of Supervisors adopted a Resolution of Intention to establish Community Facilities
District for the Norris Canyon Estates development,and a Resolution of Intention to Incur Bonded Indebtedness
for the CFD. Norris Canyon Estates is a 361-unit residential subdivision west of San Ramon(map attached as
Exhibit A). The project,which was formerly known as Wiedemann Ranch,has secured land use entitlements
including an amended vesting tentative subdivision map and final development plan, and is subject to a
Development Agreement. The purpose of the CFD is to finance improvements to the portion of Norris Canyon
Road within unincorporated Contra Costa County. The improvements to Norris Canyon Road are a condition of
development approval for the subdivision. The amount of bonds proposed to be issued is$7,220,000.
The County has adopted (in 1994)financing policies for the establishment of Mello-Roos Community Facilities
Districts. The policies provide for the review of any proposed CFD, and the issuance of bonds thereto, by a
County Debt Advisory Committee,which consists of the County Administrator,the Auditor-Controller,and the
Treasurer-Tax Collector. The Debt Advisory Committee has reviewed the proposed CFD and the proposed
bond issue and recommended proceeding with the formation of the CFD and the issuance of bonds as
proposed.
In reaching its conclusions the County Debt Advisory Committee considered the material attached hereto as
Exhibit B.
The proceedings of June 5, 2001 will include:
The conduct of public hearings;
The receipt of a vote (one vote by the land owner of the entire District);
A canvassing of the vote by the Clerk of the Board;
The adoption of Resolutions/Ordinances
-forming the district;
-authorizing levy of the Special Tax;
authorizing sale of bonds secured by the Special Tax.
The proceedings will be facilitated by Bond Counsel to the County,Jones Hall Hill&White,and the underwriter
of the bonds, Stone &Youngberg.
JK:ln
W: \Personal\BoardOrders\BOARD. 6. 5 .norriscanyonmelloroos 2
EXHIBIT A
MAP OF NORRIS CANYON ESTATES
W: \Personal\BoardOrders\BOARD. 6. 5.norriscanyonmelloroos 3
�'• San Ramon City Limits
aoa ,t �• r oa .
a
Ga��° ' 1
::: : ':' :;.:;. �, �•. 680 a\
San Ramon �,..._
, sy
`�• SITE �.
. `\
00 v,r+�
Dublin
580
scale tin Mies)
0 114 tC2 314
Figure 1.2
WIEDEMANN RANCH Local Setting
RE�"IDENTIAL
COMMUNITY PROJECT of the Project Site
1-3
j .
EXHIBIT B
SUMMARY OF PROPOSED NORRIS CANYON ESTATES
COMMUNITY FACILITIES DISTRICT TRANSACTION
W: \Personal\BoardOrders\BOARD. 6. 5.norriscanyonmelloroos 4
Contra Costa County Redevelopment Agency
Norris Canyon Estates Community Facilities District
Debt Advisory Committee Meeting
Friday May 18, 2001 9 am
i
The County is considering the issuance of$7.22 million of Special Tax Bonds to finance public
infrastructure--specifically, the extension of Norris Canyon Road. The bonds would be supported
by a special tax levied on property owners in the Norris Canyon Estates Community Facilities
District.
Though a large portion of the benefit of the widening of Norris Canyon Road will accrue to the
homeowners in the Norris Canyon Estates CFD, other County residents will benefit, too. The road
widening facilitates access to the adjacent Bishop Ranch Open Space.
• Propertv Owner/Developer: Toll Land XXII Limited Partnership is currently the sole
property owner in the District. The general partner of this partnership, Toll CA GP Corp., is a
wholly owned subsidiary of Toll Holdings, Inc. which, in turn, is a wholly owned subsidiary of
Toll Brothers, Inc. Toll Brothers Inc. was the original petitioner to form the District. As a
publicly traded company,Toll Brothers' financial statements are reported quarterly. (See
company's web site at http://Nvww.tollbros.com) Toll Brothers has further committed to specific
continuing disclosure regarding this project.
Toll Brothers has made a substantial equity commitment to the project thus far, investing
approximately $25 million to purchase the land and approximately $41 million in site
improvements made to date(including$7.5 million for the Norris Canyon Road improvements,
a majority of which will be reimbursed from bond proceeds). They are self-financing these
development costs.
The developer is current on all property tax payments.
• Appraisal and Value to Lien Ratio_ An appraisal by Smeyers Appraisal estimates the value
of the Norris Canyon Estates property at$96.5 million. This analysis considered two valuation
approaches: (1)the market value of the property in its current"as is" condition, recognizing the
value of the development entitlements and improvements completed as of April 13, 2001; and
(2) a discounted cash flow analysis assuming full development. This second approach assumes
an absorption schedule of approximately 32-50 home sales per year over a seven-year build out
period,based on actual sales to date and the sales pace of similarly priced homes in the mid-
County area. Based on this appraisal, the bonds will bear a 13-to-1 value-to-lien ratio.
• Development Status: Norris Canyon Estates has County entitlements for 361 lots on a 1,040
acre site. It is anticipated that 289 lots will be developed as part of a subdivision, and the
remaining 72 lots will be developed as custom homes. Since September 2000, 44 homes have
sales contracts pending. Construction has begun on 35 homes, with several model homes
already completed.
• Rate and Method of Special Tax Apportionment: The developer will be responsible for the
tax on the undeveloped property at a maximum annual tax rate of$3,360.per acre. It is
anticipated,however,that individual homeowners will ultimately pay the tax as the homes are
completed and occupied. The maximum annual tax for a homeowner in the district is $2,100
per year,though the actual annual tax levy is likely to be lower, closer to $1,700 or$1,800 per
year. For these homes, selling in the range of$800,000 to $1.4 million, this tax represents a
small percentage of the home•value. Homeowners have the option to pre-pay this tax liability.
• Financing Structure: The bonds will be structured with level debt service and a 2031 final
maturity. The bond proceeds will provide approximately$5.8 million in project proceeds and
will include the following:
Debt Seri�ice Reserve: Will be initially funded at approximately 70% of the maximum
annual debt service. Interest earnings will be retained so that the reserve equals 100% of
maximum annual debt service in seven years.
Capitalized Interest Fund: Will fund debt service through 9/1/02 (about 14 months).
• County Financing Policies The County's policies regarding Mello Roos financings have
been followed. The only exception is the limitation of capitalized interest to approximately 14
months, rather than the recommended 18 months. This amount was agreeable to the developer
and was considered adequate by the financing team given the pace of development and the
extent of the developer's assets.
i
' •13052-25 JI-l:u)O::brE 5/30/01
RESOLUTION No . 2001 /247
A RESOLUTION[ CALLING SPECIAL ELECTION
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
WHEREAS, The Board of SupE,rvisors (the "Board") of the County of Contra Costa (the
"County") has adopted a resolution entitled "A Resolution of Formation of Community
Facilities District" (the "Resolution of Formation'), ordering the formation of the County's
Community Facilities District No. 2001-1 (Norris Canyon) (the "CFD"), authorizing the levy of
a special tax on property within the C,7D and preliminarily establishing an appropriations limit
for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1.982, Chapter 2.5 of
Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government
Code (the"Act") and
WHEREAS, This Board has also adopted a resolution entitled "A Resolution
Determining the Necessity to incur Bonded Indebtedness" (tile "Resolution Determining
Necessity"), determining the necessity to incur bonded indebtedness in the maximum
aggregate principal amount of $7,220,000 upon the security of the special tax to be levied
within the CFD pursuant to the Act; and
WHEREAS, Pursuant to the provisions of the Resolution of Formation and the
Resolution Determining Necessity, the propositions of the levy of the special tax, the
establishment of the appropriations limit and the incurring of the bonded indebtedness shall be
submitted to the qualified electors of the CFD as required by the provisions of the Act;
NOW, THEREFORE, BE IT RESOLVED, As follows:
1. Issues Submitted. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the
issues of the levy of the special tax, the incurring of bonded indebtedness and the
establishment of the appropriations lirnit shall be submitted to the qualified electors (as defined
below) of the CFD at an election called therefor as provided below.
2. Qualified Electors. This Board hereby finds that fewer than 1.2 persons have
been registered to vote within the territory of the CFD for each of the ninety (90) days
preceding the close of the public hearings heretofore conducted and concluded by this Board
for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act,
this Board finds that, for these proceedings, the qualified electors are the landowners within the
CFD and that the vote shall be by such landowners or their authorized representatives, each
having one vote for each acre or portion thereof such landowner owns in the CFD as of the
close of the public hearings.
3. Conduct of Election. This Board hereby calls a special election to consider the
measures described in section 1 above, which election shall be held on June 5, 2001 and the
results thereof canvassed at the meeting of this Board on June 5, 2001. The Clerk of the Board is
hereby designated as the official to conduct the election and to receive all ballots until 10:00 a.m.
on the election date. It is hereby acknowledged that the Clerk of the Board has on file the
Resolution of Formation, a certified map of the boundaries of the CFD, and a sufficient
description to allow the Clerk of the Board to determine the electors of the CFD. Pursuant to
Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot
pursuant to Section 4000 of the California Elections Code. This Board hereby finds that
paragraphs (a), (b), (c) (1.) and (c)(3) of.Section 4000 are applicable to this special election.
4. Ballot. As authorized. by Section 53353.5 of the Act, the three propositions
described in section 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 and the form of ballot
is hereby approved. The Clerk of the Board is hereby authorized and directed to cause a ballot,
in substantially the form of Exhibit "A," to be delivered to each of the qualified electors of the
CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to
which the ballot pertains. Each ballot shall be 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 shall be enclosed with the ballot, have the return postage prepaid, and certain 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 pursuant to clause (b) above, and (e) a notice that the envelope contains an
official ballot and is to be opened only by the canvassing board of the election.
5. Waivers. This Board hereby further finds that the provisions of Section 53326 of
the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation
to elapse before the special election are for the protection of the qualified electors of the CFD.
There is on file with the Clerk of the. Board a written waiver executed by all of the qualified
electors of the CFD allowing for a shortening of the time for the special election to expedite the
process of formation of the CFD and waiving any requirement for notice, analysis and
arguments in connection with the election. Accordingly, this Board finds and determines that
the qualified electors have been fully apprised of and have agreed to the shortened time for the
election and waiver of analysis and arguments, and have thereby been fully protected in these
proceedings. This Board also finds and determines that the Clerk of the Board has concurred in
the shortened time for the election. Analysis and arguments with respect to the ballot measures
are hereby waived, as provided in Section 53327 of the Act
6. Accountability. Under Sections 50075.1 and 53410 of the Government Code, the
following accountability measures shall apply to the special taxes and/or any bonds: (a) the
construction and/or acquisition of the Facilities and the incidental costs thereof including any
bonds, all as defined in the Resolution of Formation shall constitute the specific single purposes;
(b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there
shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and
(d) there shall be caused to be prepared an annual report as required by Section 50075.3 or
53411 of the Government Code.
7. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the
County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote
to wit:
AYES: SUPERVISORS GIOI.A, GERBER, DeSAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
hair
ATTEST: JUNE 5, 2001
John Sweeten
County Administrator and Clerk of the
Board of Supervisors
By:
De u lerk
• � •13052-25 J Ii:D)(1:hrf 05/30/2001
RESOLUTION No . 2001 /244
A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
WHEREAS, On May 1, 2001, the Board of Supervisors (the "Board") of the County of
Contra Costa (the "County") adopted a Resolution entitled "A Resolution of Intention to
Establish a Community Facilities District" (the "Resolution of Intention") with respect to
Community Facilities District No. 2001-1 (Norris Canyon) (the "CFD"), of the County pursuant
to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of
Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the
"Act"); and
WHEREAS, The Resolution of Intention incorporates a map of the proposed boundaries
of the CFD, states the facilities to be provided, the cost of providing such facilities and the rate
and method of apportionment of the special tax to be levied within the CFD to pay principal
and interest on bonds proposed to be issued with respect to the CFD, and 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, The facilities to be provided as stated in the Resolution of Intention are set
forth in Exhibit A attached hereto and hereby made a part hereof, and
WHEREAS, This Board noticed a public hearing to be held on June 5, 2001., all. pursuant
to the Act and the Resolution of Intention relating to the proposed formation of the CFD; and
WHEREAS, At the hearing all interested persons desiring to be heard on all matters
pertaining to the formation of the CFD, 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 the hearing evidence was presented to this Board on said matters before
it, including a report to be prepared by the Deputy Director-Redevelopment (the "Report") as
to the facilities to be provided in the (-FD and the costs thereof, a copy of which is on file with
the Clerk of the Board, and this Board at the conclusion of said hearing is fully advised in the
premises; and
WHEREAS, Written protests with respect to the formation of the CFD, 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 (50io) or more of the registered voters
residing within the territory of the CFD or property owners of one-half (1/2) or more of the
area of land within the CFD and not exempt from the proposed special tax; and
r
WHEREAS, The special tax proposed to be levied in the CFD to pay for the proposed
facilities to be provided therein has not been eliminated by protest by fifty percent (50%) or
more of the registered voters residing within the territory of the CFD or the owners of one-half
(1/2) or more of the area of land within the CFD and not exempt from the special tax;
NOW, THEREFORE, BE IT RESOLVED, As follows:
1. Recitals Correct. The foregoing recitals are true and correct.
2. No Majority Protest. The proposed special tax to be levied within the CFD has
not been precluded by majority protest pursuant to section 53324 of the Act.
3. Prior Proceedings Valid. All prior proceedings taken by this Board in
connection with the establishment of the CFD 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. Name of CFD. The community facilities district designated "Community
Facilities District No. 2001-1 (Norris Canyon)" of the County is hereby established pursuant to
the Act.
5. Boundaries of CFD. The boundaries of the CFD are as set forth in the map of
the CFD heretofore recorded in the Contra Costa County Recorder's Office on May 15, 2001 in
Book 68 at Page 35 of Maps of Assessment and Community Facilities Districts.
6. Description of Facilities. The type of public facilities proposed to be financed by
the CFD and pursuant to the Act shall consist of those items listed as facilities in Exhibit A
hereto and by this reference incorporated herein (the"Facilities").
7. Special Tax.
a. Except to the extent that funds are otherwise available to the CFD to pay
for the Facilities and/or the principal and interest as it becomes due on bonds of the
CFD issued to finance the Facilities, a special tax (the "Special Tax") sufficient to pay the
costs thereof, secured by the recordation of a continuing lien against all non-exempt real
property in the CFD, is intended to be levied annually within the CFD, and collected in
the same manner as ordinary ad valoremn property taxes or in such other manner as may
be prescribed by this Board..
b. The proposed rate and method of apportionment of the Special Tax
among the parcels of real property within the CFD, in sufficient detail to allow each
landowner within the proposed CFD to estimate the maximum amount such owner will
have to pay, are shown in Exhibit B attached hereto and by this reference incorporated
herein.
C. In the case of any Special Tax to pay for the Facilities and to be levied
against any parcel used for private residential purposes: (i) the maximum special tax
shall be specified as a dollar amount which shall be calculated and thereby established
2
not later than the date on which the parcel is first subject to the tax because of its use for
private residential purposes and which amount shall not be increased over time over
two percent per year; (ii) the tax year after which no further Special. Tax subject to this
sentence shall be levied or collected shall be as set forth in Exhibit B hereto; and (iii)
under no circumstances will the Special Tax levied against any parcel subject to this
sentence be increased as a consequence of delinquency or default by the owner of any
other parcel within the CFD by more than ten percent. For the purposes hereof, a
parcel is used for "private residential purposes" not later than the date on which an
occupancy permit for private residential use is issued.
8. Increased Demands. 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 CFD.
9. Responsible Official. The Auditor-Controller of the County, telephone number
(925) 646-2181 is the officer of the County who will be responsible for preparing annually a
current roll of special tax levy obligations by assessor's parcel number and who will be
responsible for estimating future special tax levies pursuant to the Act.
10. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section
3114.5 of the Streets and Highways Code of California, a continuing lien to secure each levy of
the special tax shall attach to all nonexempt real property in the CFD 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. Appropriations Limit. In accordance with the Act, the annual appropriations
limit, as defined by subdivision (h) of Section 8 of Article X111 B of the California Constitution,
of the CFD is hereby preliminarily established at $7,220,000 and said appropriations limit shall
be submitted to the voters of the CFD 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 the Act.
12. Acquisition Agreement. The Deputy Director-Redevelopment, or his designee ,
is hereby authorized and directed to enter into an Acquisition Agreement providing for the
County's acquisition of the Facilities, in the form of agreement on file with said Deputy
Director-Redevelopment and hereby approved with such additions or changes as he shall
approve upon consultation with the County Counsel and the County's financial advisors and
bond counsel.
13. Election. 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 CFD at an election the time, place and
conditions of which election shall be as specified by a separate resolution of this Board.
3
�
1.4. Effective Date. This resolution shall take effect upon its adoption.
PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the
County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote
to wit:
AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT:NONE
air
ATTEST: June 5 , 2001
John Sweeten
County Administrator and Clerk of the
Board of Supervisors
By:
Depty6lerk
4
' • •
EXHIBIT A
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
DESCRIPTION OF FACILITIES TO BE FINANCED BY THE CFD
DESCRIPTION OF FACILITIES
The Facilities shown below are to be financed by the above-designated community
facilities district (the "CFD") of the County of Contra Costa (the "County"). The Facilities shall
include the attributable costs of engineering, design, planning and coordination, together with
the expenses related to the issuance and sale of any special tax bonds, including underwriters'
discount, appraisals, reserve fund, capitalized interest, bond counsel, special tax consultant,
bond and official statement printing and all other expenses incidental thereto. The Facilities
shall be constructed pursuant to plans and specifications approved by the County and by the
respective officials of the other public entities that will own any of the Facilities.
The widening of Norris Canyon Road, an existing County public road, to 34 feet. The
sharper curves will be softened and new drainage facilities installed. The widening will
start at the intersection of Bollinger Canyon Road and will continue a distance of over
7,700 feet. However, only that portion of Norris Canyon Road within Contra Costa
County is included in the CFI). Such improvements will include: grading, pavement,
curbs and gutters, rock shoulder, traffic signing and striping and street lights;
construction of sanitary sewer mains, structures, fittings and appurtenances;
construction of storm drainage pipes, catch basins, structures, fitting and
appurtenances; construction of water distribution facilities and appurtenances;
construction of joint utility distribution facilities for electrical, telephone, gas, cable, TV,
including trenching, conduit and cable installation, pull and splice boxes, fittings and
appurtenances, and relocation of overhead facilities; construction of landscaping and
irrigation facilities, including soil preparation, landscape materials, irrigation pipes,
fittings and appurtenances; required attendant public fees and design and construction
engineering fees; and. acquisition of all.necessary interests in real property.
Exhibit A
Page 1
EXHIBIT B
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX
Exhibit B
Page l
RESOLUTION Na - 2-001/246
A RESOLUTION DETERMINING NECESSITY TO INCUR BONDED
INDEBTEDNESS
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
RESOLVED, by the Board of Supervisors (the "Board") of the County of Contra Costa
(the "County"), State of California as follows:
WHEREAS, On May 1, 2001, this Board adopted a resolution entitled "A Resolution of
Intention to Establish a Community Facilities District" (the "Resolution of Intention") stating
its intention to form the County's Community Facilities District No. 2001-1 (Norris Canyon)
(the "CFD"), pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part
1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code
(the "Act"); and
WHEREAS, On May 1, 2001, this Board also. adopted a resolution entitled "A
Resolution of Intention to Incur Bonded Indebtedness (the "Resolution of Intention to Incur
Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the
CFD for the purpose of financing the costs of certain facilities specified in the Resolution of
Intention; and
WHEREAS, This Board has held a noticed public hearing as required by the Act about
the determination to proceed with the formation of the CFD, the provision of certain defined
facilities (the "Facilities") by the CFC) and the rate and method of apportionment of the special
tax to be levied within the CFD to pay the principal and interest on the proposed bonded
indebtedness in the CFD and the administrative costs of the County relative to the CFD; and
WHEREAS, Subsequent to the public hearing, this Board adopted a resolution entitled
"A Resolution of Formation of Community Facilities District" (the "Resolution of Formation");
and
WHEREAS, This Board has also held a noticed public hearing as required by the Act
relative to the matters material to the questions set forth in the Resolution of Intention to Incur
Indebtedness; and
WHEREAS, No written protests with respect to the matters material to the questions set
forth in the Resolution of Intention to Incur Indebtedness have been filed with the Clerk of the
Board;
W:Personal\EMAILDOCS\Resolution.norriscanyon.6.01
Lam• ' � •
NOW, THEREFORE, BE IT RESOLVED, As follows:
1. Recitals. The foregoing recitals are true and correct.
2. Necessity. This Board deems it necessary to incur bonded indebtedness in the
maximum aggregate principal amount of $7,220,000 within the boundaries of the CFD for the
purpose of financing the costs of the Facilities, as provided in the Resolution of Intention and
the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds
to finance the Facilities and the costs of the County in establishing and administering the CFD.
3. Entire CFD Liable. The whole of the CFD shall pay for the bonded indebtedness
through the levy of the special tax. The tax is to be apportioned in accordance with the formula
set forth in Exhibit"B" to the Resolution of Formation.
4. Bonds. Bonds in the maximum amount of $7,220,000 are hereby authorize
subject to voter approval. The bonds may be issued in such series and mature and bear interest
at such rate or rates, payable semiannually or in such other manner, all as this Board or its
designee shall determine, at the time or times of sale of such bonds; provided, however, that
the interest rate or rates shall not exceed the maximum interest rate permitted by applicable
law at the time of sale of the bonds and the bonds or any series thereof shall have a maximum
term of not to exceed forty years.
5. Election. The proposition of incurring the bonded indebtedness herein
authorized shall be submitted to the qualified electors of the CFD and shall be consolidated
with elections on the proposition of IE'vyi.ng special taxes within the CFD and the establishment
of an appropriations limit for the CFID pursuant to Section 53353.5 of the Act. The time, place
and further particulars and conditions of such election shall be as specified by separate
resolution of this Board.
-2-
6. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the
County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote
to wit:
AYES: SUPERVISORS GIOI:A, GERBER, DeSAULNIER, GLOVER and UIT,KFMA
NOES: NONE
ABSENT: NONE
Chair
ATTEST: JUNE 5, 2001
John Sweeten
County Administrator and Clerk of the
Board of Supervisors
11,14
By:
Dep ty erk
-3-
13052-25 • JH:DJO:brf • 1/29/01
RESOLUTION NO. 2 0 01/2 4 5
A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF
SPECIAL TAX BONDS, AND APPROVING AND AUTHORIZING
RELATED DOCUMENTS AND ACTIONS
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
WHEREAS, The Board of Supervisors (the "Board") of the County of Contra Costa (the
"County") has conducted proceedvlgs under and pursuant to the Mello-Roos Community
Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5 (commencing
with Section 53311) of the California Government Code (the "Act"), to form Community
Facilities District No. 2001-1 (NorrisCanyon) (the "CFD"), to authorize the levy of special taxes
upon the land within the CFD, and to issue bonds secured by said special taxes the proceeds of
which are to be used to finance certain public improvements (the "Facilities"), all as described
in those proceedings; and
WHEREAS, This Board. now wishes to provide for the issuance of the special tax bonds
to finance the Facilities and related costs and expenses, and there have been submitted to this
Board certain documents described below providing for the issuance of the special tax bonds
for the CFD and the use of the procE,eds of those bonds, and this Board with the aid of its staff,
has reviewed the documents and found them to be in proper order; and
WHEREAS, There has also been submitted to this Board a form of preliminary Official
Statement in connection with the marketing of such bonds and the Board, with the aid of its
staff, has reviewed the preliminary Official Statement to assure proper disclosure of all material
facts relating to such bonds that are in the personal knowledge of the Members of the Board
and the County staff, 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 the special tax bonds and the levy of
the 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, BE IT RESOLVED, As follows:
Section 1. Bonds Authorized. Pursuant to the Act, this Resolution and the Fiscal Agent
Agreement (as defined in Section 3 hereof), special tax bonds designated the"County of Contra
Costa, Community Facilities District No. 2001-1 (Norris Canyon) 2001 Special Tax Bonds" (the
"Bonds") in all aggregate principal amount not to exceed Seven Million Two Hundred Twenty
Thousand Dollars ($7,220,000) are hereby authorized to be issued. The Bonds shall be executed
in the form, mature, be payable in the priorities and bear interest at the rates as provided in the
Fiscal Agent Agreement. The Board hereby finds that the issuance of the Bonds is in
compliance with the Act and applicable provisions of policies of the County relating to the
Bonds.
In furtherance of the issuance of the Bonds and pursuant to Section 53345.8 of the Act,
the Board of Supervisors hereby finds and determines that the value of the real property that is
subject to the special tax levied pursuant to the Act to pay debt service on the Bonds is at least
three times the principal amount of the Bonds to be sold and the principal amount of all other
bonds outstanding that are secured by a special tax levied pursuant to the Act on property
within the CFD or a special assessment levied on property within the CFD, based upon an
appraisal of the property within the CFD which meets the requirement of Section 53345.8 of the
Act.
Section 2. Authorities Granted. The County Administrator, the Director of Community
Development, the Deputy Director-Redevelopment, the Auditor-Controller or such other
official of the County as may be designated by either such officer pursuant to Section 8 hereof
(each, an "Authorized Officer") is hereby authorized and directed to execute and deliver the
documents approved herein in substantially the form on file with the Clerk of the Board,
together with such additions or changes as are approved by such Authorized Officer upon
consultation with the County Counsel and the County's financial advisors and bond counsel,
including such additions or changes as are necessary or advisable to permit the timely
issuance, sale and delivery of the Bonds, provided, however, that no additions or changes shall
authorize an aggregate principal amount of Bonds in excess of Seven Million Ten Hundred
Twenty Thousand Dollars ($7,220,000) or result in a maturity of the Bonds in excess of thirty
one years. The approval of such additions or changes shall be conclusively evidenced by the
execution and delivery by an Authorized Officer of the documents herein specified. The Board
also approves the appointment of BNY Western Trust Company as Fiscal Agent, and
authorized and directs the Authorized Officer to execute an agreement regarding its services
with the Fiscal Agent.
Section 3. Fiscal Agent Agreement. The Board hereby approves the form of the Fiscal
Agent Agreement (the "Fiscal Agent Agreement") by and between the County and BNY
Western Trust Company, as fiscal agent (the "Fiscal Agent") with respect to the Bonds, in
substantially the form on file with the Clerk of the Board. 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 and delivered. The terms
and provisions of the Fiscal Agent Agreement, as executed, are incorporated herein by this
reference as if fully set forth herein. An Authorized Officer is hereby authorized and directed
to execute the Fiscal Agent Agreement on behalf of the County and the Clerk of the Board is
hereby authorized and directed to attest thereto, subject to the terms of Section 2 hereof.
Section 4. Official Statement. The Board hereby approves the Official Statement
prepared in connection with the Bonds in substantially the form submitted to the Board,
together with any changes therein or additions thereto deemed advisable by an Authorized
Officer. The Board hereby approves and authorizes the distribution by the underwriter of the
Bonds of the Official Statement to prospective purchasers of the Bonds, and authorizes and
2
directs an Authorized Officer on behalf of the County to deem the Official Statement "final"
pursuant to Rule 15c2-12 under the Securities Exchange Act of 1.934 (the "Rule") prior to its
distribution to prospective. An Authorized Officer is hereby authorized to offer the Bonds for
sale pursuant to the terms contained in the Official Notice of Sale in substantially the form on
file with the Clerk purchasers of the Bonds. The execution of the final Official Statement, which
shall include then current financial information regarding the County and such other changes
and additions thereto deemed advisable by an Authorized Officer and such information
permitted to be excluded from the preliminary version of the Official Statement pursuant to the
Rule, shall be conclusive evidence of the approval of the Official Statement by the County.
Section 5. Continuing Disclosure. The Board hereby approves the form of the
Continuing Disclosure Certificate with respect to the Bonds in substantially the form thereof
attached to the Official Statement on file with the Clerk of the Board. An Authorized Officer is
hereby authorized and directed to complete and execute the Continuing Disclosure Certificate
on behalf of the County with such changes, additions or deletions as may be approved by the
Authorized.Officer in consultation with the County's financial advisor and bond counsel.
Section 6. Sale of Bonds The Board hereby approves the sale of the Bonds by
negotiation with Stone & Youngberg as underwriter (the "Underwriter"). The Bonds shall be
sold pursuant to a Bond Purchase Agreement (the "Bond Purchase Agreement") by and
between the County and the Underwriter in the form on file with the Clerk of the Board,
together with any changes therein or additions thereto approved by the Authorized Officer,
whose execution thereof shall be conclusive evidence of such approval of any such additions
and changes. The Bond Purchase Agreement shall be executed in the name and on behalf of
the County by the Authorized Officer upon submission of a proposal by the Underwriter to
purchase the Bonds; provided, ho7vever, that such proposal is acceptable to the Authorized
Officer and is consistent with the requirements of this Resolution. The amount of
Underwriter's discount shall be not more than two percent (2%) of the par amount of the Bonds
and the true effective rate of interest to be borne by the Bonds (taking into account any original
issue discount on the sale thereof) shall not exceed seven percent (7%) per annum.
Section 7. Bond Delivery. Upon execution of the.Bond Purchase Agreement, the Bonds
shall be prepared, executed and delivered to the Fiscal Agent for authentication, all in
accordance with the terms of thereof. The Fiscal Agent, an Authorized Officer and other
responsible officers of the County are hereby authorized and directed to take such actions as
are required to cause the delivery of tine Bonds upon receipt of the purchase price thereof.
Section 8. Actions Authorized. All actions heretofore taken by the officers and agents
of the County with respect to tine establishment of tine CFD and. the sale and issuance of the
Bonds are hereby approved, confirmed and ratified, and the appropriate 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 diem,
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. All actions to be taken by an
Authorized Officer, as defined herein, may be taken by such Authorized Officer or any
designee, with the same force and effect as if taken by the Authorized Officer.
3
Section 9. Effectiveness. This resolution shall take effect from and after its adoption.
The provisions of any previous resolutions in any way inconsistent with the provisions hereof
in and for the issuance of the Bonds as herein described are hereby repealed.
PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the
County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote
to wit:
AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
• Chair
ATTEST: JUNE 5, 2001
John Sweeten
County Administrator and.Clerk of the
Board of Supervisors
By: _
Deput C rk
4
REESOLUTION Nta : 2001/243
A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION AND
DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN
COUNTY OF CONTRA COSTA
Corninunity Facilities District No. 2001-1
(Norris Canyon)
WHEREAS, The Board of Supervisors (the "Board") of the County of Contra Costa (the
"County") has adopted a resolution entitled "A Resolution of Formation of Community
Facilities District" (the "Resolution of Formation"), ordering the formation of the County's
Community Facilities District No. 2001-1 (Norris Canyon) (the "CFD"), authorizing the levy of
a special tax on property within the CFD and preliminarily establishing an appropriations limit
for the CFD, all pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of
Part 1 of Division 2 of Title 5, comnnencing with Section 533"11, of the California Government
Code (the"Act"); and.
WHEREAS, This Board has also adopted a resolution entitled "A Resolution
Determining the Necessity to Incur Bonded Indebtedness" (the "Resolution Determining
Necessity"), determining the necessity to incur bonded indebtedness in the maximum
aggregate principal amount of $7,220,000 upon the security of the special tax to be levied
within the CFD pursuant to the Act; and
WHEREAS, Under the provisions of the Resolution of Formation and the Resolution
Determining Necessity and pursuant to a Resolution Calling Special Election (the "Election
Resolution") heretofore adopted by this Board the propositions of the levy of the special tax,
the establishment of the appropriations limit and the incurring of the bonded indebtedness
were submitted to the qualified electors of the CFD as required by the provisions of the Act;
and
WHEREAS, Pursuant to the terms of the Election Resolution, which are by this
reference incorporated herein, the special election has been held and the Clerk of the Board
has on file a Canvass and Statement of Results of Election (the "Canvass"), a copy of which is
attached hereto as Exhibit A; and
WHEREAS, This Board has reviewed the Canvass, funds it appropriate and wishes to
complete its proceedings for the CFD;
NOW, THEREFORE, BE IT RESOLVED, As follows:
1. Recitals. The foregoing recitals are all true and correct.
W:Personal\EMAILDOCS.Resolution.Declarenorric.anyon.6.0"l
2. Issues Presented. The issues presented at the special election were the levy of a
special tax within the CFD the incurring of a bonded indebtedness in the maximum aggregate
principal amount of $7,220,000, and the approval of an annual appropriations limit of not to
exceed $7,220,000 all pursuant to the Resolution of Formation and the Resolution Determining
Necessity.
3. Canvass and Issues An .rp owed. The Board hereby approves the Canvass and
finds that it shall be a permanent part of the record of its proceedings for the CFD. Pursuant to
the Canvass, the issues presented at the special election were approved by the qualified
electors of the CFD by more than two-thirds (2/3) of the votes cast at the special election.
4. Proceedings Approved. Pursuant to the voter approval, the CFD is hereby
declared to be fully formed with the authority to levy the special taxes, to incur the approved
bonded indebtedness and to have the established appropriations limit, all as heretofore
provided in these proceedings and u1 the Act. It is hereby found that all prior proceedings and
actions taken by this Board with respect to the CFD were valid and in conformity with the Act.
5. Notice of Tax Lien. The Clerk of the Board is hereby directed to complete,
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, such recording to occur no
later than fifteen (15) days following adoption by the Board of this resolution.
2
6. Effective Date. This Resolution shall take effect upon its adoption.
PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the
County of Contra Costa, State of California, on this 5th day of June, 2001, by the following vote
to wit:
AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
Chair
ATTEST: June 5 , 2001
John Sweeten
County Administrator and Clerk of the
Board of Supervisors
By: �t1
Depu t.
Cl r
3
CANVASS AND STATEMENT OF RESULT OF ELECTION
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
I hereby certify that on June 5, 2001, 1 canvassed the returns of the election held on June
5, 2001, in the Community Facilities District No. 2001-1 (Norris Canyon) of the County of
Contra Costa 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
Votes Cast YES NO
Community Facilities District No. 2001-1 390 390 390 0
(Norris Canyon)
of the County of Contra Costa, Special Tax Election
June 5, 2001.
BALLOT MEASURE: Shall the County of Contra Costa incur an
indebtedness and issue bonds in the maximum aggregate
principal amount of$7,220,000, 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 Community Facilities District
No. 2001-1 (Norris Canyon) (the "CFD"), the proceeds of which
bonds will be used for the specific purpose of acquiring and/or
constructing certain facilities and pay for the costs of issuing the
bonds and related expenses, subject to guaranteed annual audits;
shall a special tax payable solely from lands within the CFD be
levied annually, commencing in the County's fiscal year 2001-
2002, upon lands within the CFD to pay for the principal and
interest upon such bonds and pay the costs of the County in
administering the CFD, and shall the annual appropriations limit
of the CFD be established in the amount of$7,220,000?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 51, day of June,
2001.
By:
ILUPU Clerk f th Board
1
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election for the County of Contra Costa,
Community Facilities District No. 2001-1 (Norris Canyon). You must return this ballot in the
enclosed postage paid envelope to the office of the Clerk of the Board of Supervisors of no later
than the hour of 10:00 a.m. on Tuesday, Tune 5, 2001, either by mail or in person. The Clerk
of the Board's office is located at 651 Pine Street,Martinez,California 94553-0095.
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 Clerk of the Board and
obtain another.
BALLOT MEASURE: Shall the County of Contra Costa incur an
indebtedness and issue bonds in the maximum aggregate
principal amount of not to exceed $7,220,000 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 Community Facilities
District No. 2001-1 (Norris Canyon) (the "CFD"), the proceeds of
which bonds will be used for the specific purpose of acquiring
and/or constructing certain facilities and pay for the costs of
issuing the bonds and related expenses, subject to guaranteed
annual audits; shall a special tax payable solely from lands within
the CFD be levied annually, commencing in the County's fiscal
year 2001-2002 upon lands within the CFD to pay for the principal
and interest upon such bonds and pay the costs of the Comity in
administering the CFD, and shall the annual appropriations limit
of the CFD be established in the amount of$7,220,000?
YES: X
NO:
Number of Votes: 390
Property Owner: Toll Land XXII Limited Partnership
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
CERTIFICATE OF MAILING BALLOT
FOR SPECIAL LANDOWNER ELECTION
I, Brenda R. Foster, the undersigned, of Jones Hall, A Professional Law Corporation,
under penalty of perjury, certify as follows:
That for and on behalf of the Clerk of the Board of Supervisors of the County of Contra
Costa (the "County"), on May 18, 2001, I caused to be mailed the Official Ballot for special
landowner election, postage prepaid, to all qualified electors in the County of Contra Costa
Community Facilities District No. 2001-1 (Norris Canyon) whose names and addresses appear
on the last equalized assessment roll for general taxes, or are known to said Clerk, at their
respective addresses as the same appeared on said roll or as known to said Clerk, a copy of
which Ballot is hereto attached and marked "Exhibit A". With respect to any real property for
which the names and/or addresses as appeared on said roll and as known to said Clerk were
not the same, the notice for such property was so mailed to both names and/or addresses.
Executed on May 18, 2001
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election for the County of Contra Costa,
Community Facilities District No. 2001-1 (Norris Canyon). You must return this ballot in the
enclosed postage paid envelope to the office of the Clerk of the Board of Supervisors of no later .
than the hour of 10:00 a.m. on Tuesday,June 5, 2001, either by mail or in person. The Clerk
of the Board's office is located at 651 Pine Street,Martinez,California 94553-0095.
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 Clerk of the Board and
obtain another.
BALLOT MEASURE: Shall the County of Contra Costa incur an
indebtedness and issue bonds in the maximum aggregate
principal amount of not to exceed $7,220,000 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 Community Facilities
District No. 2001-1 (Norris Canyon) (the "CFD"), the proceeds of
which bonds will be used 'for the specific purpose of acquiring
and/or constructing certain facilities and pay for the costs of
issuing the bonds and related expenses, subject to guaranteed
annual audits; shall a special tax payable solely from lands within
the CFD be levied annually, commencing in the Colony's fiscal
year 2001-2002 upon lands within the CFD to pay for the principal
and interest upon such bonds and pay the costs of the County in
administering the CFD, and shall the annual appropriations limit
of the CFD be established in the amount of$7,220,000?
YES:
NO:
Number of Votes: 390
Property Owner: Toll Land XXII Limited Partnership
0
OFFICE OF THE CLERK OF THE BOARD
COUNTY OF CONTRA COSTA
651 Pine Street
Martinez, California 94553-0095
May 18,2001
Toll Land XXII Limited Partnership
c/o Toll CA GP Corp.
100 Park Place, Suite 140
San Ramon,CA 94583
Attention: Mr. Michael S. O'Hara
Re: County of Contra Costa, Community Facilities District No.2001-1 (Norris Canyon)
Dear Property Owner:
On May 1, 2001, the County of Contra Costa (the "County") began the process for formation of the
above-referenced community facilities district (the "CFD") which includes your property. The next steps in
this process are the public hearings on establishment of the CFD and the incurring of bonded indebtedness and
the property owner election, which will take place at the Board of Supervisors (the "Board") meeting on June 5,
2001. In connection with the hearings and the election,enclosed please find the following:
1. Notices of Hearings. These notices describe the public hearings which are set for June 5,2001.
2. Proposed Resolution of Formatiat. This is the resolution that the Board proposes to adopt after
the hearings. It will form the CFD,subject to a favorable property owner.vote with respect to the levy of the
special tax. The facilities to be financed by the CFD are described in Exhibit A and the method of special tax
apportionment is set forth as Exhibit B. Please review both exhibits carefully to see what is being financed and
how the special tax will affect your property. If the CFD process is completed, this tax will be recorded.
against your property.
3. Official Ballot. This is the ballot that you must use to vote for the special tax and the bonds for
the CFD for your property. Each owner has one vote for each acre of land or portion of an acre of land he or she
owns in the CFD. The number of your votes is shown in the lower right corner of the ballot. If you feel that the
number of votes is not correct, contact the person shown below immediately upon receipt of the ballot.
Otherwise,mark your ballot and send it to the County in the enclosed ballot envelope.
4. Official Ballot Envelope. Enclosed is the official ballot in this envelope. Complete and sign the
upper left comer of the envelope, then either mail it or return it in person to the Clerk of the Board as soon as
possible,but in any event,not later June 5,2001. The Clerk's address is shown on the envelope.
The ballots will be counted at the Board meeting on June 5, 2001. If there is approval by 2/3rds of the
votes cast, the County will proceed with the issuance of the bonds to finance for the CFD.
The election date cannot be postponed, continued or extended, so please be sure that your ballot is
received by the Clerk of the Board no later than June 5, 2001 so that the election and formation process can be
completed on June 5,2001.
Very truly yours,
.14*
d/
Clerk of the Board of Supervisors
County of Contra Costa
Enclosures
RECEIVED
JONES HAIL MAY 2 12001
A PROFL•SSIONAL LAW GORPORATION
ATTORNEYS AT LAW CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
CLIA R1.ES F.ADAMS 650 CALIFORNIA STREET
STEPHEN R.CASALEGGIO EIGHTEENTII FLOOR
THOMAS A.DOWNEY SAN FRANCISCO,CA 941.08
DAVID T.FAMA
SCOTT R.FERGUSON
TELEPHONE
ANDREW C.HALL.JR. (416)391-5760
COURTNEY I..JONES FACSIMILE
WILLIAM J.KADI (415)391-6784
WILLIAM H.MADISON
STEPHEN G.MELIXIAN HOMEPAGE hnp://www.jhhw.com
DAVID J.OSTER May 18, 2001
DAVID A.WALTON
AENNErH L JONES,OF COUNSEL
Mr.John Sweeten
Clerk of the Board of Supervisors
County of Contra Costa
651 Pine Street
Martinez, CA 94553-0095
Re: County of Contra Costa, Community Facilities District No. 2000-1 (Norris
Canyon)
Dear Mr. Sweeten:
Enclosed please find a form of Certificate of Mailing Ballot For Special Landowner Election
for your files in connection with the above-captioned project.
V��y truly yours,
LQJ:��4 —
David J. Oster
DJO:brf
Enclosure
L.SCA
1 !
-1 i
LEGAL PUBLICATION REQUISTION
Contra Costa County
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room 106 PO Box 5124
Martinez, CA 94553 Walnut Creek,CA 94596
Requested by: . !ice Date: 'J
Phone No: 3`73 6 -/�;0 5" Reference No: _512A
Org: - Sub Object: . ZY Task: Activity:
Publication Date (s): ?�g oo/
No. of Pages: V r
LEGAL PUBLICATION- . Notice. of Public Hearing Re Incurring Bonded-3ebt
for County of Contra Costa Community Facilities District No. 2001-1 (Norris Canyon)
Please return TWO original affidavits of publication. Thank you.
•**$Immediately upon expiration of publication,****
send in one affidavit for each publication in
order that the auditor may be authorized to pay your bill.
Authorized Signature:
Please confirm date of publication & receipt of this fax.
SQA
LEGAL PUBLICATION REQUISTION
�.._
Contra Costa County 5 6�
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room 106 PO Box 5124
Martinez, CA 9455:3 Walnut Creek,CA 94596
Requested by: ,rJ ,t tz: fy-16I& 0"� Date: 115--651
Phone No: 3 h���� Reference No:
Org: ,f/Or2 Sub Object: 42 Task: Activity:
Publication Date (s): 'y
No. of Pages: &y���h
LEGAL PUBLICATION- . Notice of Public Bearing re Establishment of County of
. of Contra Costa Community Facilities District No. 2001-1(Norris Canyon)
Please return TWO original affidavits of publication. Thank you.
****Immediately upon expiration ofpublication,*•
send in one affidavit for each publication in
order that the auditor may be,authorized to pay your bill.
Authorized Signature:
Please confirm date of publication & receipt of this fax.
SEA
`fit• .. ��
7:-
LEGAL PUBLICATION REQUISTION
cs�
Contra Costa County
ars- 6V;z"
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room 106 PO Box 5124
Martinez, CA 94553 Walnut Creek,CA'94596
Requested by: . �i�.u�. Dater ;5
Phone No: 3 6 -/�Fa 6- Reference No:
Org: Sub Object: Task: Activity:
Publication Date (s): civ
No. of Pages: c"we(-
LEGAL PUBLICATION- . Notice of . Public. Hearing Re Incurring BondedJebt
for County of Contra Costa Community Facilities District No. 2001-1 (Norris Canyon)
Please return TWO original affidavits of publication. Thank you.
••"Immediately upon expiration of publication,****
send in one affidavit for each publication in
order that the auditor may be authorized to pay your bill.
Authorized Signature:Please confirm confrm date of publication & receipt of this fax.
SEA
LEGAL PUBLICATION REQUISTION
- Contra Costa County
��.' ►`rte
From: Clerk of the Board To: Contra Costa Times
651 Pine St., Room '106 PO Box 5124
Martinez, CA 94553 Walnut Creek,CA 94596
Requested Date:
Phone No: 335- lid 5 Reference No:- mal
Org: Sub Object: Task: Activity:
Publication Date (s): `n g U .
No. of Pages:
LEGAL PUBLICATION- Notice of Public Hearing re Establishment of County of
of Contra Costa Community Facilities District No. 2001-1(Norris Canyon)
Please return TWO original affidavits of publication. Thank you.
'••*Immediately upon expiration of publication,*•••
send in one affidavit for each publication in
order that the auditor may be authorized to pay your bill.
Authorized Signature:
Please confirm date of publication & receipt of this fax.
.. . • •
PROOF OF PUBLICATION
cllides District, statin its
(2015.5 C.C.P.) Intention to fo m the Coun-
(of Contra Costa Commu-
ne.yy Facilities District N.
STATE OF CALIFORNIA
20 1-1(Nems.nt o i1he
CFD 11 pursuant to the
Madl 4os Communk, Fa-
County Of Contra Costa cilities Act of 1982, as
amended Chaptcr 2.5 of
Part 1 of dNlslon 2 of Ttle 5
I am a citizen of the United States and a resident of the of the California Govem-
ment Code(the"Act"),for
County aforesaid; I am over the age of eighteen years, and the purpose of financing
certainpubllc Improve-
not a party to or interested in the above-entitled matter. menta(the"Facilities")as
further provided in that
I am the Principal Legal Clerk of the Contra Costa Times, a tWHEElREAS and
this Board es-
newspaper
s-
news a er of general circulation, printed and published at tlmates the amount re-
quired for the financing of a
2640 Shadelands Drive in the City of Walnut Creek, County portion of the costs o the
so litles to be the sum of
of Contra Costa,94598. not to exceed 57,220,000;
and
WHEREAS,In order to fi-
And which newspaper has been adjudged a newspaper of nance a portion of,the
1 gcosts of the Facilities it is
general circulation by the Superior Court of the County of necessary to Incur bonded
Contra Costa, State of California, under the date of October amountdof of toe"exceed
22, 1934.Case Number 19764. th6CFOD000 on behalf of
NOW THEREFORE,IT IS
The notice, of which the annexed is a printed copy (set in ORDERED as follows:1.Bonded Debt.it .Is
type not smaller than nonpareil) has been published in each necessary to Incur.bonded
Indebtedness within the
regular and entire issue of said newspaper and not in any boundaries of the proposed
susupplement thereof on tho fo!low!n dates,to-wit. CFD in the amount o up t
pp g 57,220,600 to finance the
costs of a portion of the Fa-
cilities.
May 24 Du.bold 2. Purpose of
bonded Debt.The bonded
all in the year Of 2001 toindebtednessbenurse is proposed
to Incurred for the sed
y pur-
pose of financing the costs
of the Facilities, Including
I certify (or declare) under penalty of perjury that the acquisition and improve-
mentcostsandallcostsIn-
foregoing IS true and Correct. with the accomplishment of
said purposes and of the
financing thereof, as per-
Executed at Walnut Creek,California. mitted by Section 53345.3
On this 24 day of May 2001 of 3t.To ms of Bonds.This
t- Board acting as legislatNo
body for the CFD intends
.... ....... ..... ..... .. .. .... ..... ...................... to authorize the Issuance
and sale ofbondsin the
Signature cIp amount oregale
not io ex-
ceed S7,220,000, bearing
Contra Costa Times interest payable
such semi-an-
nually O Box 4147 ner as this Board shall de-
Walnut Creek,CA 94596 termine, at a rare not to
exceed the maximum rate
(925)935-2525 of Interest as may be au-
thorized by applicable law
at the time of sale or such
Proof of Publication Of: bonds,end maturing not to
exceed 40 years from the ,
(attached is a copy of the legal advertisement that published) dateof
the issuance of the
bonds..Public Hearing.Tues-
day,June 5,2001,at 10:00
a.m.,or as soon as possi-
ble thereafter irr th"bard
Chambers,6�1 Pine Street,
Martinez, California, be, ,
and the same are hereby ,
appointed and fixed as the
time and pace when and
where this Board,as legis-
lative body for Ne CFD,will l
conduct a public hearing I
on the proposed debt issue .
end consider end finally de-
termine whether the public
NOTICE OF Interest, convenience and
PUBLIC HEARING necessity require the issu-
Re Incurring ante of bones of the Coun-
Bonded Debt for ty on behalf of the CFD.
COUNTY OF 5• Notice of Hearing.
CONTRA COSTA The Clerk of the Board Is
COR`muf11 Facilities hereby directed to cause ^
District No.2001-1 to be given&y publication .
g publlcatlon
(Norris Canyon) one time in a newspaper of l
Notice is herebygiven that general circulation CIrculat-
ori within the CFD. The
on May 1,2001 theBoard I
publication of the notice
of Supervisors o)the Coun- shall be completed at(bast '
tv of Contra Costa (the seven(r)days before the t
frCounty) pursuant to the dale specified above for
Mello-FRoos Community Fa- the public hearing. The I
cilities. Act of 1982 (the aerk of the Board shall id-
so cause notice of the I
'Act") adopted a Resolu-hearing to be given to each I
tion entitled A Resolution proparty owner virion the
of Intention To Incur Bond-CFD by first class mail,
ed Indebtedness" relating poslogo prepaid to each
to County Of Contra Costa suchowner's addresses az I
It a pear on the most re-
Communittyy Facilities Dis=ten fax records or Contra t
tflct No.2001-1(Nems Can-costa Countv or of other- t
yon).Under the=Can-
the ise known tg the slant or
Resolution, the County the Board to be correct. C.At that time and place
in-
hereby Ives notice as for-Such meiling.shall be com-. any.person Interested, in-
Y 9 plated not less than fifteen eluding persons owning
lows: days before the date of the t
A. Thecomplete text of hearing.Each of the node- property in the area of the
said Resolution of Intention es shall ba substantially in roposed community facili-
Is as follows: the fon,ba
In Soc- ties district, will be heard
tion 53346 of the Act.-,,,.__! upon the proposed debt Is
RESOLVED, by the a The time and lace es- !
Board of Supervisors (the bllshed under the above sue.
"Board"1 of the County of esgludon for the public Dated as of May 1 2001
Contra Costa fthe Coun- eating required under the John bweeten
�" State of California, ct ere Tuesday, June 5 County Administrator and
001,at the hour of 10:Od Clerk of the Board o1 Su-
1.m.m.Or as soon as possible ervlsors
WHEREAS,this Board'hereafter, at, the regular P
Isl June L.MCHuen
has this date adopted its eating place or the Board
Resolution of Intention to f Supervisorsof the Coun- Deputy C
Establish a Commune Fa- bel the Boa d Chem- Le al CCT 2068
tY a s;6"�t Pine Street,Mar- 1 Publish May 24,2001
iomis .....+..,,..... F
PROOF OF PUBLICATION
(2015.5 C.C.P.) (Norris Canyon). Under the Ir p County Act and that Resolution the t+ nut from Coun Consul- I
County hereby gives notice r, tants, and by reference to
as follows: . fl relevant materials and In-
STATE OF CALIFORNIA A.The text of the body of tl formation promulgated by
County of Contra Costa the.Resolution is as follows: the State of California.
RESOLVED, by the r 2.NAME OF CFD. The
Board of Supervisors (the c name proposed for the
I am a citizen of the United States and a resident of the "Board" of the County of I; community facilities district
Count aforesaid; I am over the a of eighteen ears, and Contra Costa (the."Coun- ( Is County of Contra Costa
Y 9 9 Y ty')�State of California that: .t Community Facilities Dls-
not a party to or interested in the above-entitled matter. WHEREAS, under the ( trict No. 2001-1 (Norris
Mello-Roos community Fa- Canyon)(the"CFD.").
cllities Act of 1982 as r 3.Boundaries De-
I am the Principal Legal Clerk of the Contra Costa Times, a amended (the Act"), t scribed.The proposed
newspaper of general circulation, printed and published at Chapter 2.5 of Part 1 of DI- I boundaries of the CFD are
vislon 2 of Tltle 5, com- t as shown on the map of It
2640 Shadelands Drive in the City of Walnut Creek, County mencing at Section 53311, E on file with the Clerk of the
of Contra Costa,94598. or the Callfomla Govern- t Board, which boundaries
ment Code, this Board Is I are hereby preliminariy ap-
authorized to establish a r proved and to which map
And which newspaper has been adjudged a newspaper of community facilities district f reference Is hereby made
and to act as the legislative I for further particulars. The
general circulation by the Superior Court of the County of body for a community facll- , Clerk of the Board Is hereby
Contra Costa, State of California, under the date of October Ities district and c directed to record or
22, 1934.Case Number 19764. WHEREA§,this Board, I cause to be recorded,the
having' pe
received titions I map of the boundaries of
from the owners of not less the CFD In the office of the
The notice, of which the annexed is a printed copy (set in than 10% of the area of , Contra Costa County Re-
land proposed to be Includ- I corder within fifteen days
type not smaller than nonpareil), has been published in each ed in the proposed com- prior to the public hearing
regular and entire issue of said newspaper and not in any munity facilities district, specified below.
supplement thereof on the followingdates,to wit: now desired to proceed 4.Facilities.The type of
with the establishment of a
communityfacilities district public a facilities proposed to
May 24 be financed by the CFD
In order to finance costs of and pursuant to the Act
public infrastructure neces- shall consist of those listed
sary or incident to develop- as facilities on Exhibit A
all in the year of 2001 ment in the area of the hereto and hereby Incorpo-
NOTICE OF County Known as Norris rated herein (the "Faclli-
PUBLIC HEARING Canyon (also known as ties"). The Board hereby
I certify (or declare) under penalty of perjury that the Re Establishment of Wiedemann Ranch). des rmi necessathe ry tomeetforegoing is true and correct. COUNTY OF NOW THEREFORE, 'R
CONTRA COSTA IS ORDERED as follows: . increased demands placed
Community Facilities 1.Authority.This Board upon local agencies as the
Executed at Walnut Creek,California. District No.2001-1 proposes to conduct pro- result of development oc-
On this 24 da of May 001 (Norris.Canyon) ceedings to establish a curring within the CFD.
Y Y r community facilities district The Deputy Director-Re-
Notice is hereby given that pursuant to the Act.The FI- development or any other
on May 1,2001 the Board nancing Policies for Com- appropriate officer of the
of Supervisors (the munity Facilities District County Is hereby autho-
$ig tura "Board" of the County of adopted by the Board on rized and directedto enter
Contra �osta (the "Coun- September 13 1994(the Into join community facill-
')pursuant to the Mello- Policies") shaft apply to ties agreements (which
ttyy
Contra Costa Times Reos Community Facilities the proceedings hereinafter may be In the form of an
P O Box 4147 Act..of 1982 (the "Act"), initiated,which Policies are Acquisition Agreement)
by
adopted a Resolution enti- hereamended to provid- with any entity that will own
Walnut Creek,CA 94596 tled"A Resolution of Inten- ed that the definitions, or operate any of the Facill-
(925)935-2525 tion To Establish A Com- standards and assump- ties, as may be necessary
munity Facilities District" tions to be.used for ap- to corn with the provf-
relating the County of Con-l praisals shall be deter- sions of Section 53318.2(a)
Proof of Publication of: tra Costa Community Facil- mined by County staff on a and (b) of the Act. The
(attached is a copy of the legal advertisement that published) ities District No. 2001_1 case-by-case basis, with Boarrdjhet by declares
sthat
The Board reserves to itself
the right and authority to al-
low :rtcrestnd cwner of
property in the CSD,sub-
1�ect to the Prov,sions of
Section 53344.1 of the Act
and as it may otherwise im-
pose, and any appplicable
prepayment penalties as
prescribed in the indenture
or fiscal agent agreement
for any bonds of the County
for the CFD, to lender to
the Treasurer of the County
in full payment or part pay-
ment of any installment of
special taxes or the Interest
or penalties thereon which
may be due or de inqquent,
but for which ablll has
been received any bond or
other obligation secure
thereby,in the manner de-
scribed in Section 533441.
o1 the Act.
9.CFD Report.Tne Depu-
ty Director-Redevelop-
ment,as the officer having
chore and control of the
FAcl:ities In and for the
CFD, or the designee of
such officer, is hereby di-
rected to study said pro-
posed Facilities and to
make, or cause to be
made,and file with Clerk of
The Board a report in writ-
ing, (the "CFD Report")
presenting9 the followinp
(a) A description of the
Facllities by type which will
be required tc adequately
meet the needs of the CFO.
(b)An estimate of the fair
and reasonable cost of the
Facilities including the cost
of acquisition of lands,
rights-of-way, and ease-
ments,any physlcal facill-
tles required in conjunctlon
therewith andincidental
expenses In connection _
therewith includingthe
costs Of the proposebond py
For a complete co of the
financing and all other ro- Resolution, including the
rated costs asprovided In Exhibits thereto, contact
Section 53345.01 the Act. the Clerk of the Board of
The CFD Report shall be Supervisors of the County
made a part or the reco d of Contra Costa at 651 Pine
of the public hea�inp speci- Street, 1st Floor, Martinez,
fled below. California 94553.
10.Public Hearing.Tues-
day,June 5,2001 at 10:00
a.m.or As soon as possible -B.-The time and place es-
thereafter, in the Board tablished under the above
Chambers,651 Pine Street, Resolution for the public
be beneficial to residents In Martinez, California, be, hearingrequired under the
the area of the CFD. subdivisions thereof, shall and the same Eire hereby
5. Special Tax. Except be omitted from the levy of appointed and fi<ed as the Act are Tuesday, June 5
to the extent that fund.. the Special Tax to be made time and place when and 2001, at the hour of 10:06
are otherwise available to cover the costs and ex- where this Board,as legis- a.m.or as soon as possible
to the CFD to a for the penses of the Facilltles and lative body for the CFD,will thereafter, at, the regular
pay the CFD.In the event that a' conduct a public hearing meeting place of the Board
Facilities and/or the prin- on the establishrnent of the
clpal and Interest as It portion of the property CFo end consider and fl- of Supervisors of the COun-
be.omee due on bonds within the CFD shall be- nally determine whether ty,being the Board Cham-
issued b the County for come for any reason ex- the public Interest,cone- bers,651 Pine Street,Mar-
tha CFD to construct empt wholly or In part nlence and necessity re- tinez,Califomia.
and/or acquire the Feclll- from(he levy of the Speclat quire the fo ma:ion of me C.At said hearing,the tes-
Tax,this Board will,on be- CFD and the levy of the timony of all interested per-
tles, a s acral tax the S ecial Tax.
p half of the CFD, Increase p sons or taxpayers for or
Specl..l Tax" euftlC ant Notice of Hearin The Y
to pay the costs thereof, the levy to the extent nec- Clerk of the Boardish hereby against the establishment
secured by recordation essary upon the remainlng directed to cause notice of of the CFD, the extent of
property within the CF the public hearin to be the furnishingof the specif-
of a continuing Ilan g
against all non-exempt which Is not exempt in or- gNen by.public:aoon one is types of acilities..will be
real property In the CFD der to yield the required time In a newspaper utr heard.Any person interest-
age
be levied annually debt service payments end lisned In the area ofPthe ed may file a,protests in
other annual expenses of CFD.The public:ation shall writing as provided in Sec-
within the CFD,and col- the CFD, if any,subject to be completed at least sev- tion 53323 of the Act.If the
lected In the came man- en da s before the date Of
the provisions of the rate r owners of one-half or more
ner as this Board or Its the above.
lie hearing specified
designee shall deter- and method of apportion- above. mo Clerk of the to the area of land b the
mine, Including direct merit of the The levy
Tax. Board shall also cause no- territory proposed to be in-
mine,
of the affected 7r Election.The levy of the rice of the hearing p to be eluded in the CFD file writ-
billing Special Tex shall be sub- given within each propany ten protests against the es-
property owners. The ect to the approval of the first w!s the CFD tabllshment of the CFD and
oroos p rate and meth- 1 first class mail, postage
d o} apportionment of qualified electors of the prepaid,to each suh own- the protests are not with-
the Special Tax among CFD at a special election. ces addresses as It ap- drawn to reduce the value
the parcels of real prop- The proposed voting pro- ears on the most recent of the protests to less than
arty within the CFD In cedure shall be by malleo �ex records of Contra Costa a majority,the Board of Su-
su ficlent detail to allow or hand-dellvered ballot County or as otherwise ppervisors shall take no fur-
each landowner within among the landowners In known to the Clerk of the ther action to establish the
the proposed CFD, with Board to be correct.Such CFD for a period of one
the proposed CFD to e9- mailing shall be completed
timate the maximum each owner having one not less than fifteen do y5 ear from.the date of said
vote for each acre or por-
amount such owner will before the date of the pub- Baring and if the majority
have to pay are de- tion of an acre such owner IIc hearing.Each Of the no- protests of the landowners
scribed In Exhibit B et- owns In the CFD. tices shall be substantially are only against the fumish-
tached hereto and here-. Special Tax Bonds.It Is In the form specilled In . Ing of a type or.types of
Section 53322 of the Act. h C
by Incorporated herein. the Intention of this Board, 1 z AP ointment of con• facilities wit in the FD or
j
actin as the legislative against levying a specif ed
sultan The fine of Stone
This Board hereby finds body or the CFD,to cause a Youngberg Lt.0 is hereby special tax, those types of
that the provislons of bonds of the County to be designated as Underwriter facilities or the specified
S e c t I o
.53 3 1 3.6 Issued for the CFD pursu- for "CFD,Jones Hall,A special tax will be eliminat-
53313.7 and 53313.6 of ant to the Act to finance In Professional Law Corpora- ed from theproceedings to
the Act (relating to ad- whole or Irl part the con-I tion Is hereby designated form the CFD.
justments to ad valorem. structlon and/or acquisition as bond counsel for the D. The proposed voting
of the Facilities.The bonds CFD, and Goodwin Con- procedure shall be b spa-
6
p r o p r t y t e x e e e n d suiting Grou ,Inc.,is here- p.
..hoots financed by a shall be In the aggregate by designated as special oral mail or handle Ivered
community facilities die- principal amount o not to tax consultant for the CFD. ballot to the property own-
trict)are InappllCa)Is to exceed $7,220,000, shall The fees and expenses of ' ars within the territory pro-
the propose CFD. be Issued In such series such firms for matters re- sed to be included in the
6. Exempt Property Ex- and bear Interest payable orad to the CFD and the , 90D,
semi-annually or n such bonds to be issued there- ,
sept as may otherwise be other manner as this Board fore shall be payable solely ; Dated as of May 1,2001
provided by few or by the shall determine, at rate from the proceeds of the y
rate and method of appor- bonds or contributions by '
tionment of the Special Tax not to exceed the maxi- the ownors of property John Sweeten
mum rate of interest as within the CFD.The Deputy oun Administrator and
for the CFD, all lands tY
owned by any public entity, may be authorized by ap- Director,Rcdovelopment Is Clerk of the Board of Su-
Includin the United State, pllcable law at the time of hereby authorized to exe- , pervisors
g sale of such bonds, and cute profes5lonal sery ces ,
the State of California shall mature not to exceed agroemonts .with Bond .
and/or the County, or any Counsel and Special.Tax June L. McHuen, Deputy Legal CCT 2117
departments or political 40 ears from the date of consultant. Clerk Publish May 24,2001 .
the ssuanice thereof. _
` 13052-25 0 JH:SM:Idw 1/26/01
NOTICE OF PUBLIC HEARING
Re Establishment of
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
Notice is hereby given that on May 1.., 2001, the Board of Supervisors (the"Board") of the
County of Contra Costa (the"County") pursuant to the Mello-Roos Community Facilities Act of
1982 (the "Act"), adopted a Resolution entitled "A Resolution of Intention To Establish A
Community Facilities District" relating to County of Contra Costa Community Facilities District
No. 2001-1 (Norris Canyon). Under the Act and that Resolution the County hereby gives notice
as follows:
A. The text of the body of the Resolution is as follows:
RESOLVED, by the Board of Supervisors (the "Board") of the County of Contra
Costa (the"County"),State of California that:
WHEREAS, under the Mello-Roos Community Facilities Act of 1982, as
amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing
at Section 53311, of the California Government Code, this Board is authorized to
establish a community facilities district and to act as the legislative body for a
community facilities district; and
WHEREAS, this Board, having received petitions from the owners of not less
than 10% of the area of land proposed to be included in the proposed community
facilities district, now desires to proceed with the establishment of a community
facilities district in order to finance costs of public infrastructure necessary or
incident to development in the area of the County known as Norris Canyon
(also known as Wiedemann Ranch).
NOW,THEREFORE,IT I'S ORDERED as follows:
1. Authority. This Board proposes to conduct proceedings to establish a
community facilities district pursuant to the Act. The Financing Policies For
Community Facilities District adopted by the Board on September 13, 1994 (the
"Policies") shall apply to the proceedings hereinafter initiated, which Policies are
hereby amended to provide that the definitions, standards and assumptions to
be used for appraisals shall be determined by County staff on a case-by-case
basis, with input from County consultants, and by reference to relevant materials
and information promulgated by the State of California.
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2. Name of CFD. The name proposed for the community facilities district is
County of Contra Costa Community Facilities District No. 2001-1 (Norris
Canyon) (the"CFD").
3. Boundaries Described. The proposed boundaries of the CFD are as
shown on the map of it on file with the Clerk of the Board, which boundaries are
hereby preliminarily approved and to which map reference is hereby made for
further particulars. The Clerk of the Board is hereby directed to record, or cause
to be recorded, the map of the boundaries of the CFD in the office of the Contra
Costa County Recorder within fifteen days of the date of adoption of this
Resolution, but in any event at least fifteen days prior to the public hearing
specified below.
4. Facilities. The type of public facilities proposed to be financed by the
CFD and pursuant to the Act shall consist of those listed as facilities on Exhibit A
hereto and hereby incorporated herein (the "Facilities"). The Board hereby
determines that the Facilities are necessary to meet increased demands placed
upon local agencies as the result of development occurring within the CFD.
The Deputy Director-Redevelopment or any other appropriate officer of the
County is hereby authorized and directed to enter into joint community facilities
agreements (which may be in the form of an Acquisition Agreement) with any
entity that will own or operate any of the Facilities, as may be necessary to
comply with the provisions of Section 53316.2(a) and (b) of the Act. The Board
hereby declares that such joint agreements will be beneficial to residents in the
area of the CFD.
5. Special Tax. Except to the extent that funds are otherwise available to the
CFD to pay for the Facilities and/or the principal and interest as it becomes due
on bonds issued by the County for the CFD to construct and/or acquire the
Facilities, a special tax (the "Special Tax") sufficient to pay the costs thereof,
secured by recordation of a continuing lien against all non-exempt real property
in the CFD, will be levied annually within the CFD, and collected in the same
manner as ordinary ad valoreni property taxes, or in such other manner as this
Board or its designee shall determine, including direct billing of the affected
property owners. The proposed rate and method of apportionment of the Special
Tax among the parcels of real property within the CFD in sufficient detail to
allow each landowner within the proposed CFD to estimate the maximum
amount such owner will have to pay, are described in Exhibit B attached hereto
and hereby incorporated herein.
This Board hereby finds that the provisions of Section 53313.6, 53313.7 and
53313.9 of the Act (relating to adjustments to ad valorem property taxes and
schools financed by a community facilities district) are inapplicable to the
proposed CFD.
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0
6. Exempt Property. Except as may otherwise be provided by law or by the
rate and method of apportionment of the Special Tax for the CFD, all lands
owned by any public entity, including the United States, the State of California
and/or the County, or any departments or political subdivisions thereof, shall be
omitted from the levy of the Special Tax to be made to cover the costs and
expenses of the Facilities and the CFD. In the event that a portion of the property
within the CFD shall become for any reason exempt, wholly or in part, from the
levy of the Special Tax, this Board will, on behalf of the CFD, increase the levy to
the extent necessary upon the remaining property within the CFD which is not
exempt in order to yield the required debt service payments and other annual
expenses of the CFD, if any, subject to the provisions of the rate and method of
apportionment of the Special Tax.
7. Election. The levy of the Special Tax shall be subject to the approval of
the qualified electors of the CFD at a special election. The proposed voting
procedure shall be by mailed or hand-delivered ballot among the landowners in
the proposed CFD, with each owner having one vote for each acre or portion of
an acre such owner owns in the CFD.
8. Special Tax Bonds. It is the intention of this Board, acting as the
legislative body for the CFD, to cause bonds of the County to be issued for the
CFD pursuant to the Act to finance in whole or in part the construction and/or
acquisition of the Facilities. The bonds shall be in the aggregate principal amount
of not to exceed $7,220,000, shall be issued in such series and bear interest
payable semi-annually or in such other manner as this Board shall determine, at
a rate not to exceed the maximum rate of interest as may be authorized by
applicable law at the time of sale of such bonds, and shall mature not to exceed
40 years from the date of the issuance thereof.
The Board reserves to itself the right and authority to allow any interested owner
of property in the CFD, subject to the provisions of Section 53344.1 of the Act and
as it may otherwise impose, and any applicable prepayment penalties as
prescribed in the indenture or fiscal agent agreement for any bonds of the
County for the CFD, to tender to the Treasurer of the County in full payment or
part payment of any installment of special taxes or the interest or penalties
thereon which may be due or delinquent, but for which a bill has been received,
any bond or other obligation secured thereby, in the manner described in Section
53344.1 of the Act.
9. CFD Report. The Deputy Director-Redevelopment, as the officer having
charge and control of the Facilities in and for the CFD, or the designee of such
officer, is hereby directed to study said proposed Facilities and to make, or cause
to be made, and file with the Clerk of the Board a report in writing, (the "CFD
Report") presenting the following:
(a) A description of the Facilities by type which will be required to adequately
meet the needs of the CFD.
-3-
(b) An estimate of the fair and reasonable cost of the Facilities including the cost
of acquisition of lands, rights-of-way and easements, any physical facilities
required in conjunction therewith and incidental expenses in connection
therewith, including the costs of the proposed bond financing and all other
related costs as provided in Section 53345.3 of the Act.
The CFD Report shall be made a part of the record of the public hearing specified
below.
10. Public Hearing. Tuesday,June 5, 2001, at 10:00 a.m. or as soon as possible
thereafter, in the Board Chambers, 651 Pine Street, Martinez, California, be, and
the same are hereby appointed and fixed as the time and place when and where
this Board, as legislative body for the CFD, will conduct a public hearing on the
establishment of the CFD and consider and finally determine whether the public
interest, convenience and necessity require the formation of the CFD and the
levy of the Special Tax.
11. Notice of Hearing. The Clerk of the Board is hereby directed to cause
notice of the public hearing to be given by publication one time in a newspaper
published in the area of the CFD. The publication shall be completed at least
seven days before the date of the public hearing specified above. The Clerk of
the Board shall also cause notice of the hearing to be given to each property
owner within the CFD by first class mail, postage prepaid, to each such owner's
addresses as it appears on the most recent tax records of Contra Costa County or
as otherwise known to the Clerk of the Board to be.correct. Such mailing shall be
completed not less than fifteen days before the date of the public hearing. Each of
the notices shall be substantially in the form specified in Section 53322 of the Act.
12. Appointment of Consultants. The firm of Stone & Youngberg LLC is
hereby designated as Underwriter for the CFD, Jones Hall, A Professional Law
Corporation is hereby designated as bond counsel for the CFD, and Goodwin
Consulting Group, Inc. is hereby designated as special tax consultant for the
CFD. The fees and expenses of such firms for matters related to the CFD and the
bonds to be issued therefore shall be payable solely from the proceeds of the
bonds or contributions by the owners of property within the CFD. The Deputy
Director, Redevelopment is hereby authorized to execute professional services
agreements with Bond Counsel and Special Tax Consultant.
For a complete copy of the Resolution, including the Exhibits thereto, contact the Clerk
of the Board of Supervisors of the County of Contra Costa at 651 Pine Street, 1st Floor, Martinez,
California 94553.
B. The time and place established under the above Resolution for the public hearing
required under the Act are Tuesday,June 5, 2001, at the hour of 10:00 a.m. or as soon as possible
thereafter, at, the regular meeting place of the Board of Supervisors of the County, being the
Board Chambers,651 Pine Street, Martinez, California.
-4-
C. At said hearing, the testimony of all interested persons or taxpayers for or
against the establishment of the CFD, the extent of the CFD or the furnishing of the specific
types of facilities will be heard. Any person interested may file a protest in writing as provided
in Section 53323 of the Act. If the owners of one-half or more of the area of land in the territory
proposed to be included in the CFD file written protests against the establishment of the CFD
and the protests are not withdrawn to reduce the value of the protests to less than a majority,
the Board of Supervisors shall take no further action to establish the CFD for a period of one
year from the date of said hearing, and if the majority protests of the landowners are only
against the furnishing of a type or types of facilities within the CFD, or against levying a
specified special tax, those types of facilities or the specified special tax will be eliminated from
the proceedings to form the CFD.
-5-
D. The proposed .voting procedure shall be by special mail or hand-delivered ballot
to the property owners within the territory proposed to be included in the CFD.
Dated as of. May 1, 2001
John Sweeten
County Administrator and Clerk of the
Board of Supervisors
Deputy Clerk
[to be published not later than May 29, 2001]
-6-
13052-25 • JH:SM:Idw 1/26/01
NOTICE OF PUBLIC HEARING
Re Incurring Bonded Debt for
COUNTY OF CONTRA COSTA
Community Facilities District No. 2001-1
(Norris Canyon)
Notice is hereby given that on May 1 , 2001, the Board of Supervisors of the
County of Contra Costa (the "County") pursuant to the Mello-Roos Community Facilities
Act of 1982 (the "Act"), adopted a Resolution entitled "A Resolution of Intention To
Incur Bonded Indebtedness" relating to County of Contra Costa Community Facilities
District No. 2001-1 (Norris Canyon). Under the Act and that Resolution, the County
hereby gives notice as follows:
A. The complete text of said Resolution of Intention is as follows:
RESOLVED, by the Board of Supervisors (the "Board") of the County of Contra
Costa (the "County"), State of California, that:
WHEREAS, this Board has this date adopted its Resolution of Intention to
Establish a Community Facilities District, stating its intention to form the County
of Contra Costa Community Facilities District No. 2001-1 (Norris Canyon) (the
"CFD") pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California
Government Code (the "Act"), for the purpose of financing certain public
improvements (the "Facilities") as further provided in that Resolution; and
WHEREAS, this Board estimates the amount required for the financing of a
portion of the costs of the Facilities to be the sum of not to exceed $7,220,000;
and
WHEREAS, in order to finance a portion of the costs of the Facilities it is
necessary to incur bonded indebtedness in the amount of not to exceed
$7,220,000 on behalf of the CFD.
NOW, THEREFORE, IT IS ORDERED as follows:
1. Bonded Debt. It is necessary to incur bonded indebtedness within the
boundaries of the proposed CFD in the amount of up to $7,220,000 to finance the
costs of a portion of the Facilities.
2. Purposes of Bonded Debt. The bonded indebtedness is proposed to be
incurred for the purpose of financing the costs of the Facilities, including
acquisition and improvement costs and all costs incidental to or connected with
the accomplishment of said purposes and of the financing thereof, as permitted by
Section 53345.3 of the Act.
3. Terms of Bonds. This Board, acting as legislative body for the CFD,
intends to authorize the issuance and sale of bonds in the maximum aggregate
principal amount of not to exceed $7,220,000, bearing interest payable semi-
annually or in such other manner as this Board shall determine, at a rate not to
exceed the maximum rate of interest as may be authorized by applicable law at
the time of sale of such bonds, and maturing not to exceed 40 years from the date
of the issuance of the bonds.
4. Public Hearing. Tuesday, June 5, 2001, at 10:00 a.m., or as soon as
possible thereafter, in the Board Chambers, 651 Pine Street, Martinez, California,
be, and the same are hereby appointed and fixed as the time and place when and
where this Board, as legislative body for the CFD, will conduct a public hearing
on the proposed debt issue and consider and finally determine whether the public
interest, convenience and necessity require the issuance of bonds of the of the
County on behalf of the CFD.
5. Notices of Hearing. The Clerk of the Board is hereby directed to cause
notice of the public hearing to be given by publication one time in a newspaper of
general circulation circulated within the CFD. The publication of the notice shall
be completed at least seven (7) days before the date specified above for the public
hearing. The Clerk of the Board shall also cause notice of the hearing to be given
to each property owner within the CFD by first class mail, postage prepaid, to
each such owner's addresses as it appear on the most recent tax records of Contra
Costa County or as otherwise known to the Clerk of the Board to be correct. Such
mailing shall be completed not less than fifteen days before the date of the
hearing. Each of the notices shall be substantially in the form specified in Section
53346 of the Act.
B. The time and place established under the above Resolution for the public hearing
required under the Act are Tuesday,June 5, 2001, at the hour of 10:00 a.m. or as soon as possible
thereafter, at, the regular meeting place of the Board of Supervisors of the County, being the
Board Chambers, 651 Pine Street,Martinez, California.
C. At that time and place any person interested, including persons owning property
in the area of the proposed community facilities district, will be heard upon the proposed debt
issue.
Dated as of May 1, 2001
/ See attached page item C
/ John Sweeten
County Administrator and Clerk of the
Board of Supervisors
Deputy Clerk
[to be published not later than May 29, 200 1]