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HomeMy WebLinkAboutRESOLUTIONS - 06041991 - 91-366 13052-12 JHHW:PJT:slc 04/30/81 J8731 RESOLUTION NO. - A RESOLUTION DETERMINING THE NECESSITY TO INCUR.BONDED INDEBTEDNESS WITHIN THE COUNTY OF CONTRA COSTA COMMUNITY FACILITIES DISTRICT NO. 1991-1 (PLEASANT HILL BART STATION AREA)AND S[TBNIIT7]NG PROPOSITION TO THE QUALIFIED ELECTORS OF THE DISTRICT County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) RESOLVED, by the Board of Supervisors of the County of Contra Costa (the "County") that: WHEREAS, on April 23, 1991, this Board of Supervisors adopted a resolution entitled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982" (the "Resolution of Intention") stating its intention to form the County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) (the "District"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"); and WHEREAS, on April 23, 1991, this Board of Supervisors also adopted a resolution entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area) Pursuant to the Mello-Roos Community Facilities Act of 1982" (the "Resolution of Intention to Incur Indebtedness") stating its intention to incur bonded indebtedness within the boundaries of the District for the purpose of financing certain costs of the facilities specified in the Resolution of Intention; and WHEREAS, on this date, this Board of Supervisors held a noticed public hearing as required by the Act relative to the determination to proceed with the formation of the District, the financing of facilities by the District and the rate and method of apportionment of the special tax to be levied within the District to pay the principal and interest on the proposed indebtedness and the administrative costs of the County relative to the District; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of said facilities (the "Facilities") and the levy of the special tax on property within the District were heard and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, this Board of Supervisors adopted a resolution entitled "A Resolution Of Formation Of County of Contra Costa Community Facilities District No. 1991-1 (Pleasant Hill BART Station Area), Authorizing The Levy Of A Special Tax Within The District, Preliminarily Establishing An Appropriations Limit For The.District And Submitting Levy Of The Special Tax And The Establishment of The Appropriations Limit To The Qualified Electors Of The District" (the "Resolution of Formation"); and IL i WHEREAS, on this date, this Board of Supervisors held a noticed public hearing as required by the Act relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and WHEREAS, no written protests with respect to the matters material, to the questions set forth'in the Resolution of Intention to Incur Indebtedness have been filed with the Clerk of the Board. NOW,THEREFORE, IT IS HEREBY ORDERED as follows: 1. The foregoing recitals are true and correct. 2. It is necessary to incur bonded indebtedness in the maximum aggregate principal amount of$6,000,000 within the boundaries of the District. - 3. The indebtedness is incurred for the purpose of financing certain costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the costs of the County in administering the District. 4. The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The tax is to be apportioned in accordance with the formula set forth in Exhibit "B" to the Resolution of Formation. 5. The maximum amount of bonded indebtedness to be incurred is $6,000,000 and the maximum term of the bonds to be issued shall in no event exceed forty (40)years. 6. The bonds shall bear interest at rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable semiannually or in such other manner as this Board of Supervisors or its designee shall determine, the actual rate or rates and times of payment of such interest to be determined by this Board of Supervisors or its designee at the time or times of sale of said bonds. 7. The proposition of incurring the bonded indebtedness herein authorized shall be submitted to the qualified electors of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.,5 of the Act. The time, place and conditions of said election shall be as specified by separate resolution of this Board of Supervisors. -2- a I hereby certify that the foregoing Resolution was duly adopted by the Board of Supervisors of Contra Costa County, California, at a regularly scheduled meeting thereof, held on the 4th day of June, 1991, by the following vote of the Board: AYES: Supervisors Fa.hden, Schroder, Torl akson and powers. NOES: None ABSENT: Supervi's;or Weak ATTEST: June 4, 1991 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By: epu -3-