HomeMy WebLinkAbout119-90 RESOLUTION NO. 119-90
A RESOLUTION DETERMINING UNPAID ASSESSMENTS
AND PROVIDING FOR THE ISSUANCE OF BONDS
ASSESSMENT DISTRICT NO. 89-1
SERIES 90-A
RESOLVED, by the Town Council (the "Council") of the Town
of Danville (the "Town"), Contra Costa County, California, that
WHEREAS, the Council has conducted proceedings under and
pursuant to its Resolution No. 95-89, A Resolution of Intention
to Acquire and Construct Improvements, adopted July 6, 1989,
providing that serial bonds will be issued to represent the
unpaid assessments pursuant to the provisions of the
Improvement Bond Act of 1915, being Division 10 of the
California Streets and Highways Code~ and
WHEREAS, notice of the recordation of the assessment and of
the time within which assessments were to be paid in cash has
been duly published and mailed in the manner provided by law,
and the time so provided for receiving payment of assessments
in cash has expired, or such notice has been waived by the
owners of all of the property subject to assessment, and the
official who has been designated as Collection Officer for cash
payments of said assessments has filed with the Treasurer a
list of all assessments which remained unpaid;
WHEREAS, pursuant to Section 265(b)(3) of the Internal
Revenue Code of 1986, as amended (the "Code"), under certain
circumstances, certain obligations the interest on which is
exempt from federal income tax under Section 103 of the Code
may be designated by the issuer thereof as "qualified
tax-exempt obligations," thereby allowing certain financial
institutions that are holders of such qualified tax-exempt
obligations to deduct for federal income tax purposes a portion
of such institution's interest expense that is allocable to
such qualified tax-exempt obligations, all as determined in
accordance with Sections 265 and 291 of the Code: and
WHEREAS, the Council hereby represents that:
gthe Series 90-A Bonds authorized by this Resolution
are private activity bonds within the meaning of Section
141 of the Code;
(2) the Town, together with all of its subordinate
entities, has heretofore not issued any obligations (other than
those obligations described in Paragraph (4) below) in calendar
year 1990 the interest on which is exempt from federal income
tax under Section 103 of the Code;
(3) the Town reasonably anticipates that it, together with
its subordinate entities, will issue during the remainder of
calendar year 1990 obligations (other than those obligations
described in Paragraph (4) below) the interest on which is
exempt from federal income tax under Section 103 of the Code
which, when aggregated with all obligations described in
Paragraph (2) above, will not exceed an aggregate principal
amount of $10,000,000;
(4) notwithstanding Paragraphs (2) and (3) above, the Town
and its subordinate entities may have issued in calendar year
1990 and may continue to issue during the remainder of calendar
year 1990 private activity bonds other than qualified 501(c)(3)
bonds as defined in Section 145 of the Code; and
WHEREAS, the Council'wishes to designate said Series 90-A
Bonds as "qualified tax-exempt obligations" within the meaning
of Section 265(b)(3) of the Code;
NOW, THEREFORE, THE COUNCIL HEREBY DETERMINES AND ORDERS,
as follows:
ARTICLE I
DEFINITIONS
Agent. The term "Agent" means the person identified by
Section 3.03 as the fiscal agent of the Town, and any successor
pursuant to Article IX.
Assessment Prepayment Subaccount. The term "Assessment
Prepayment Subaccount" means the subaccount of the Redemption
Fund so designated and established pursuant to Section 2.06.
Bonds. The term "Bonds" means the Series 90-A Bonds
authorized pursuant to Section 3.01 hereof, together with all
parity obligations issued pursuant to Sections 2.03 and 10.01
hereof.
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Bond Administration Fund. The term "Bond Administration
Fund" means the special fund administered by the Agent pursuant
to Section 7.03. The Bond Administration Fund shall be
identified by a name which shall include the name of the Bonds.
Bond Law. The term "Bond Law" means the applicable
provisions of the improvement Bond Act of 1915, being Division
10 (commending with Section 8500) of the California Streets and
Highways Code, and other applicable law.
Bondowner or Owner. The term "Bondowner" or "owner" means
the registered owner of a Bond as indicated on the Bond
Register.
Bond Register. The term "Bond Register" means the records
maintained by the Agent pursuant to Section 5.01.
Bond Resolution. The term "Bond Resolution" means this
resolution providing for the issuance of the Bonds, as such may
be amended pursuant to its terms.
Clerk.
Town.
The term "Clerk" means the City (Town) Clerk of the
Code. The term "Code" means the Internal Revenue Code of
1986, as amended, regulations thereunder and rulings and
judicial decisions interpreting or construing it.
Collection Officer. The Finance Director of the Town or
other person charged with the cash collection of the
assessments.
Council.
Town.
The term "Council" means the Town Council of the
County. The term "County" means Contra Costa County, a
political subdivision of the State of California.
Debt Service. The term "Debt Service" means the scheduled
amounts of interest and amortization of principal payable on
the Bonds during the period of computation, excluding amounts
scheduled during such period which relate to principal which
has been retired before the beginning of such period.
Delivery Date. The term "Delivery Date" means, with
respect to the Bonds of any series, the date upon which there
is an exchange of the Bonds for the price paid therefor by the
Original Purchaser.
Finance Director. The term "Finance Director" means the
Finance Director of the Town. The Finance Director, with the
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approval of the Council, may appoint an assistant to act as and
for the Finance Director in all matters under this Bond
Resolution.
Guidelines. The term "Guidelines" means the Guidelines for
Compliance with Section 148(f) of the Code, delivered on the
Delivery Date, as amended from time to time.
Improvement Fund. The term "Improvement Fund" means the
special trust fund administered by the Agent pursuant to
Section 6.01. The Improvement Fund administered by the Agent
shall be identified by a name which shall include the name of
the Bonds.
Rebate Fund. The term "Rebate Fund" means the special
trust fund administered by the Agent pursuant to Section 7.06.
The Rebate Fund shall-be identified by a name which shall
include the name of the Bonds.
List of Unpaid Assessments. The term "List of Unpaid
Assessments" means the list prepared by the Collection Officer
and filed in the offices of the Treasurer and the Clerk, as'
corrected or amended from time to time.
Original Purchaser. The term "Original Purchaser" means
the underwriter or underwriters first purchasing a series of
Bonds from the Town, as identified in the purchase contract
therefor.
Proceedings. The term "Proceedings" means the official
actions and related petitions and certificates identified with
or undertaken pursuant to the Resolution of intention.
Public Works Director. The term "Public Works Director"
means the Director of Public Works of the Town. The Public
Works Director, with the approval of the Council, may appoint
an assistant to act as and for the Public Works Director in all
matters under this Bond Resolution.
Investment Agreement. The term "Investment Agreement"
means the unconditional obligation of one or more banks,
insurance companies or other financial institutions with a
long-term unsecured debt rating, or claims-paying rating, as
applicable, of "A" or better by Moody's Investors Service or
Standard & Poors Corporation, as of the date of execution
thereof.
Redemption Fund. The term "Redemption Fund" means the
special trust fund administered by the Agent pursuant to
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Section 7.01. The Redemption Fund shall be identified by a
name which shall include the name of the Bonds.
Resolution of Intention. Resolution No. 95-89, A
Resolution of Intention to Acquire and Construct Improvements,
adopted by the Council, as such may be modified or changed
pursuant to law.
Reserve Fund. The term "Reserve Fund" means the special
trust fund administered by the Agent pursuant to Section 7.02.
The Reserve Fund shall be identified by a name which shall
include the name of the Bonds.
Superintendent of Streets. The term "Superintendent of
Streets" means the City (Town) Engineer of the Town.
Teeter Plan. The term "Teeter Plan" has the meaning
assigned to that term in Section 2.05.
Town. The term "Town" means the Town of Danville, a
general law city and a municipal corporation organized and
existing under the laws of the State of California.
Treasurer. The term "Treasurer" means the City (Town)
Treasurer of the Town.
ARTICLE II
GENERAL PROVISIONS
SECTION 2.01. Law Applicable. The Bonds shall be issued
pursuant to the provisions of the Bond Law. The Proceedings
are conducted pursuant to the Bond Law and the applicable
provisions of the Municipal Improvement Act of 1913, being
Division 12 (commencing with Section 10000) of the California
Streets and Highways Code, and the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931,
being Division 4 (commencing with Section 2800) of the
California Streets and Highways Code, and Division 4.5
(commencing with Section 3100) of the California Streets and
Highways Code.
SECTION 2.02. Bonds Secured, The Bonds are secured by the
moneys in the Redemption Fund, and by the then-unpaid portion
of assessments made for the acquisitions, work and improvements
described in the Proceedings.
SECTION 2.03. Obligations Issuable in Series. In addition
to the Series 90-A Bonds authorized pursuant to Section 3.01
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hereof, obligations may be issued by the Town in one or more
series, bearing dates and series identification as shall be
provided in one or more resolutions providing for the issuance
of obligations of such series, which are secured on a parity
with the Series 90-A Bonds as more particularly provided by
Section 10.01.
SECTION 2.04. List of Unpaid Assessments. The assessments
now remaining unpaid are shown on the list of unpaid
assessments and on Exhibit "A" attached hereto and by this
reference made a part hereof~ the aggregate amount thereof is
$6,290,000; and for a particular description of the lots or
parcels of land bearing the respective assessment numbers set
forth in said list of unpaid assessments, reference is hereby
made to the assessment and to the diagram recorded in the
office of the Superintendent of Streets.
SECTION 2.05. Collection of Unpaid Assessments. The
unpaid assessments shown on the List of Unpaid Assessments,
together with the interest thereon, shall remain and constitute
a trust fund for the redemption and payment of the principal of
thelBonds, and for the interest due thereon.
An annual installment of the unpaid assessments shall be
payable and be collected in each year corresponding in amount
to the amount of the Bonds unpaid and to accrue that year, and
which shall be sufficient to pay the Bonds when due, and such
annual installments of unpaid assessments coming due in any
year, together with the annual interest thereon, shall be
payable in the same manner and at the same time and in the same
installments as the general taxes of the Town on real property
are payable, and become delinquent at the same times and in the
same proportionate amounts and bear the same proportionate
penalties and interest after delinquency as do the general
taxes on real property of the Town.
A record of the several installments of principal and
interest on said unpaid assessments which are to be collected
in each year during the term of the Bonds shall be kept in the
office of the County Auditor-Controller. Sums received from
the collection of the principal of said unpaid assessments and
of the interest thereon shall be transferred to the Agent and
deposited in the Redemption Fund, except that, amounts
representing principal and interest that have been advanced by
the County pursuant to the provisions of Chapter 3 (commencing
with Section 4701), Part 8, Division 1 of the California
Revenue and Taxation Code, (the "Teeter Plan") shall be
retained by the County, and except further that, amounts
representing advances from the Reserve Fund to the Redemption
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Fund, made pursuant to Section 7.02(a), shall be deposited in
the Reserve Fund.
Any sums collected to represent the County's costs of such
collection, and any penalties collected as a result of the late
payment of said unpaid assessments that are payable to the
County as a result of the County having made a payment pursuant
to the Teeter Plan, shall be retained by the County.
Any penalties that are collected that are not required to
be paid to the County pursuant to the preceding sentence shall
be transferred to the Agent and deposited in the Redemption
Fund except that, by order of the Finance Director, such
penalties may be transferred to the Bond Administration Fund.
Any sums collected which represent fees and charges imposed
by the Town to provide for payment or reimbursement of the
administrative costs of collection of assessments separately
from collection on the County's tax roll, of maintaining the
record of installments to be collected on the County's tax
roll, of maintaining the system of registration and transfer of
the Bonds, of paying or calling and redeeming the Bonds and
paying the interest thereon, of the deposit or investment of
such moneys and of moneys in the Reserve Fund, the Investment
Earnings Fund and the Rebate Fund and of complying with the
Code with respect to the Bonds (including fees and charges of
agents engaged to assist in complying with federal arbitrage
requirements), shall be transferred to the Agent and deposited
in the Bond Administration Fund.
The provisions of Part 11.1 of the Bond Law are applicable
to the collection of the unpaid assessments and the advance
retirement of the Bonds. Pursuant thereto, whenever an owner,
except the owner of land which has been ordered to judicial
foreclosure pursuant to Section 8830 of the Bond Law, elects to
pay off an unpaid assessment in full and remove the lien of the
assessment pursuant to said Part 11.1, the Treasurer shall
collect from such owner the total of the following sums:
(a) The amount of any delinquent installments of
principal and interest, together with penalties' accrued to the
date of prepayment.
(b) The unpaid, nondelinquent principal of the
assessment, including principal posted to the tax roll for the
current fiscal year but not yet paid.
(c) An allowance for redemption premium, calculated
by multiplying the amount of the unmatured principal by 3%.
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Unmatured principal excludes principal due during the fiscal
year of prepayment.
(d) A reasonable fee, fixed by the Treasurer, for the
cost of administering the prepayment and the advance retirement
of Bonds.
(e) Interest accrued to the next call date of the
Bonds. The next call date shall be the next bond interest
payment date which is not less than 90 days after the date of
prepayment. Credit shall be given, or a refund provided, for
installments of interest posted to the current tax roll and
actually paid.
(f) A credit for the Reserve Fund calculated pursuant
to Section 8881 of the Bond Law.
Further pursuant to Part 11.1 of the Bond Law, whenever an
owner of assessed land, except land which has been ordered to
judicial foreclosure pursuant to Section 8830 of the Bond Law,
elects to prepay the assessment in part and remove the lien of
the assessment in part, the Treasurer shall collect from each
owner the total of the following sums:
(a) The amount of any delinquent installment of
principal and interest, together with penalties accrued to the
date of prepayment.
(b) A portion of the unpaid, nondelinquent principal
of the assessment in increments of five thousand dollars
($5,000).
(c) An allowance for redemption premium, calculated
by multiplying the amount of the unmatured principal being
prepaid by 3%.
(d) A reasonable fee, fixed by the Treasurer, for the
cost of administering the prepayment and the advance redemption
of Bonds.
(e) Interest accrued to the next call date of the
Bonds. The next call date is the next bond interest payment
date which is not less than 90 days after the date of
prepayment.
SECTION 2.06. Disbursement of Moneys Resultinq From
Prepayments of Assessments. Upon receiving a prepayment of an
assessment, the Treasurer shall transfer same to the Agent who
shall deposit it in the Assessment Prepayment Subaccount of the
Redemption Fund, which subaccount is hereby established. All
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prepayments may be commingled in a single account. From the
Assessment Prepayment Subaccount the Agent shall make
disbursements, based upon written direction from the Treasurer,
as follows:
(a) The Town's administrative fee, if any, shall be
transferred to the Town for deposit into its general fund.
(b) Delinquent principal, interest and penalties
shall be transferred to the Redemption Fund. If the Reserve
Fund has been depleted on account of the delinquencies, the
delinquent amounts and penalties shall be transferred instead
to the Reserve Fund to the extent of such depletion.
(c) The installment of principal due in the fiscal
year of prepayment shall be transferred to the Redemption Fund.
(d) Interest accrued to the next call date shall be
transferred to the Redemption Fund.
(e) The balance in the Assessment Prepayment Account
shall be used to advance the maturity of Bonds to the next call
date as provided herein. The amount of Bonds to be retired
shall be the maximum for which principal and redemption premium
may be paid in full from the Assessment Prepayment Subaccount.
Accrued interest on Bonds to be retired shall be paid from the
Redemption Fund.
ARTICLE III
THE BONDS
SECTION 3.01. Issuance of Bonds. Series 90-A Bonds
aggregating $6,290,000 in principal amount shall be issued upon
the security of the assessments levied as security therefor in
accordance with the provisions of the Bond Law, shall be issued
in fully registered form, without,coupons, shall be known as
"Town of Danville Limited Obligation Improvement Bonds
Assessment District No. 89-1, Series 90-A (the "Series 90-A
Bonds" and singularly a "Series 90-A Bond"), shall be dated the
date of original delivery thereof, shall be numbered as
determined by the Agent hereinafter designated, shall be of the
denomination of $5,000 or an integral multiple thereof (except
that one Series 90-A Bond of the earliest maturity may be of a
different denomination, as necessary), and shall mature in the
principal amounts and on the dates set forth in Exhibit B
attached hereto and by this reference made a part hereof;
provided however that the principal amount of the Series 90-A
Dond~ may be reduced and th~ maturity schedule may be adjusted
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pursuant to the purchase contract between the Town and the
Original Purchaser with respect thereto, no later than the
Delivery Date, and in that event, the maturity schedule
attached hereto as Exhibit B shall be revised and certified by
the Finance Director on the Delivery Date and filed with the
Clerk, and Series 90-A Bonds aggregating the total principal
amount and maturing as so certified shall be issued instead of
the principal amount and maturities herein stated.
Series 90-A Bonds maturing on September 2 in the years 1991
to 2004, inclusive, shall be issued as serial bonds. Series
90-A Bonds maturing on September 2, 2015, shall be issued as
term bonds.
SECTION 3.02. Interest. The Series 90-A Bonds shall bear
interest at the rate or rates determined by the Council at the
time of award of sale thereof, not to exceed twelve percent
(12%) per annum, payable commencing on March 2, 1991 and
thereafter semiannually on March 2 and on September 2 in each
year to maturity or the date of advanced maturity thereof. The
Series 90-A Bonds shall bear interest (computed on a 360-day
year, 30-day month, basis) from the interest payment date next
preceding the date of authentication and registration thereof,
unless authenticated and registered as of an interest payment
date, in which event from such interest payment date, or unless
authenticated and registered prior to March 2, 1991 in which
event from their date; provided, however, that if interest is
in default, a Series 90-A Bond shall bear interest from the
last interest payment date to which interest has previously
been paid or made available for payment.
Each Series 90-A Bond will continue to bear interest after
maturity at the rate stated therein, provided it is presented
at maturity and payment thereof is refused on the sole ground
that there is not sufficient money in the Redemption Fund with
which to pay the same. If a Series 90-A Bond is not presented
at maturity, interest thereon will run only until maturity.
SECTION 3.03. Bonds Payable. The principal of the Bonds,
any redemption premium, and the installment of interest payable
upon redemption shall be payable in lawful money of the United
States of America at the principal corporate trust office of
Security Pacific National Bank, Los Angeles, California, or its
successor, hereby designated as fiscal Agent of the Town, upon
surrender of the Bonds at said office of the Agent. Interest
(other than the installment payable upon redemption) shall be
payable by check or draft mailed on the interest payment date
to the owner of record at the owner's address, as such name and
address appear in the Bond Register maintained by the Agent as
of the close of business on the 15th day immediately preceding
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each interest payment date (the "Record Date"), or to such
address as may have been filed with the Agent for that purpose
as of ~he Record Date.
SECTION 3.04. Form of Series 90-A Bonds. The Series 90-A
Bonds shall be substantially in the form set forth in Exhibit C
attached hereto and by this reference made a part hereof, with
the blank spaces therein completed to conform to the provisions
of this Bond Resolution. Any portion of the text of any Series
90-A Bond may be set forth on the reverse thereof with an
appropriate reference thereto on the face of the Series 90-A
Bond.
SECTION 3.05. Execution of Series 90-A Bonds. The Series
90-A Bonds shall be executed on behalf of the Town by the
Treasurer and the Clerk, which signatures shall be engraved,
printed or lithographed facsimiles thereof, and a facsimile of
the corporate seal of the Town shall appear on the Series 90-A
Bonds in like manner, provided that the signatures of said
officers and the seal of the Town on any temporary Series 90-A
Bond may be manually affixed thereto.
Only Series 90-A Bonds authenticated and registered by the
endorsement thereon of a certificate substantially in the form
set forth in Exhibit C hereof, and dated and signed by the
Agent, shall be valid and become obligatory for any purpose
under and be entitled to the benefits of the Bond Law and this
Bond Resolution, and every such certificate of the Agent upon
any such Series 90-A Bond shall be conclusive evidence that the
Series 90-A Bond so authenticated and registered has been duly
issued hereunder and that the registered owner is entitled to
the benefits of the Bond Law and this Bond Resolution.
If any officer whose signature appears on the Series 90-A
Bonds ceases to be such officer before the delivery of the
Series 90-A Bonds, such signature shall be as valid as if such
officer had remained in office until the delivery of the Series
90-A Bonds.
SECTION 3.06. Preparation of Bonds. The Clerk is hereby
directed to cause Bonds of a quality usually required by
purchasers of municipal bonds to be prepared in accordance with
this Bond Resolution and the applicable purchase contract for
the Bonds and the Clerk shall, upon their execution, cause
their delivery to the Agent for safekeeping until ready for
authentication, registration and delivery to the Original
Purchaser. The Clerk shall also cause a suitable quantity of
blank Bonds to be prepared which the Agent shall hold in
safekeeping until needed to effect transfers, exchanges or
replacements of lost, stolen, destroyed or mutilated Bonds.
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Until definitive Bonds shall be prepared, the Town may
cause one or more typed, printed, lithographed or engraved
temporary Bonds in fully registered form, to be executed and
delivered in lieu of such definitive Bonds, and subject to the
same provisions, limitations and conditions as are applicable
in the case of definitive Bonds, except that such temporary
Bonds may be in any denominations (including denominations with
multiple maturities and interest rates) as may be authorized by
the Clerk, substantially of the same tenor, with such
insertions, omissions, substitutions and other variations as
the Clerk may deem appropriate, and, until exchanged for
definitive Bonds, entitled and subject to the same benefits and
provisions of the Bond Law and this Bond Resolution as
definitive Bonds. If the Town issues one or more temporary
Bonds it will execute and furnish definitive Bonds without
unnecessary delay and thereupon the temporary Bonds shall be
surrendered in exchange for such definitive Bonds, without
expense to the holder or owner of the temporary Bonds. All
temporary Bonds so surrendered shall be cancelled and shall not
be reissued.
If CUSIP identification numbers are assigned by the CUSIP
Service Bureau for printing on the Bonds, neither the failure
to print such number on any Bond nor any error with respect
thereto shall constitute cause for a failure or refusal by the
Original Purchaser to accept delivery of and pay for the Bonds
in accordance with the terms of the purchase contract therefor.
SECTION 3.07. Delivery of the Bonds. Upon the execution,
authentication and registration of the Bonds, and upon
compliance with the terms of the applicable purchase contract
for the Bonds, the Treasurer shall instruct the Agent to
deliver the Bonds to the Original Purchaser thereof upon
receipt of the amount to be paid therefor, and the Agent shall
comply with such instructions.
The Treasurer, the Clerk and the City (Town) Manager are
hereby charged with the responsibility for the issuance and
delivery of the Bonds. Said officers and other members of the
Town staff are hereby authorized jointly and severally to
execute any and all documents and do any and all things deemed
necessary or advisable in order to consummate the delivery of
the Bonds, in one or more series, pursuant to the purchase
contract therefor and otherwise to effectuate the purposes of
this Bond Resolution.
The City Manager is authorized to determine the amount and
use of the proceeds of the Bonds and the payment and security
therefor, and to certify for the Town facts, estimates and
reasonable expectations, and to covenant for the Town with
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respect thereto, as in the determination of the City Manager
may be necessary to establish and maintain the exclusion of the
interest on the Bonds from federal income taxation, and any
such covenant shall be as binding on the Town as though set
forth in this Bond Resolution.
SECTION 3.08. Mutilated, Destroyed, Lost or Stolen Bonds.
In case any Bond shall become mutilated or defaced in respect
of the body of such Bond so as to impair its value to the
registered holder or owner, or shall be believed by the Town
and Agent to have been destroyed, lost or stolen, upon clear
and unequivocable proof of ownership satisfactory to the Town
and Agent and, upon the surrender at the named office of the
Agent, of such mutilated or defaced Bond sufficiently
identifiable by number and description, or upon the receipt of
evidence satisfactory to the Town and Agent of such
destruction, loss or theft, and upon payment of all expenses
incurred by the Town and Agent in the premises and after
compliance with such other reasonable regulations as the Town
and Agent may prescribe, and, in the case of a Bond claimed to
have been destroyed, lost or stolen, upon receipt of indemnity
satisfactory to the Town and Agent, and in the absence of
notice to the Town or Agent that such Bond has been acquired by
a bona fide purchaser, the Town shall execute and the Agent
shall authenticate, register and deliver at the named office of
the Agent a new Bond of like maturity, principal amount and
series, bearing a number not contemporaneously outstanding, in
exchange and substitution for the mutilated or defaced Bond, or
in lieu of and in substitution for the Bond so destroyed, lost
or stolen. If any such destroyed, lost or stolen Bond has
become or is about to become due and payable, payment of the
amount due thereon may, in the discretion of the Town, be made
by the Agent upon receipt of like proof, indemnity and payment
of expenses, without delivery of a new Bond.
Any such replacement Bond issued pursuant to this
Section 3.08 shall be entitled to equal and proportionate
benefits with all other Bonds of the same series issued
hereunder. The Town and the Agent shall not be required to
treat both the original Bond and any replacement Bond as being
outstanding, but both the original and replacement Bond shall
be treated as one and the same.
ARTICLE IV
ADVANCE RETIREMENT OF BONDS
SECTION 4.01. Advancement of Bond Maturity. Subject to
the provisions of this Article IV, the Treasurer may advance
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the maturity of (redeem) any Bond (or portions thereof in an
integral multiple of $5,000) to the second day of March or
September in any year and cause the Agent to pay and cancel the
same whenever there is sufficient surplus available moneys in
the Redemption Fund or otherwise in escrow or trust for its
retirement.
SECTION 4.02. Notice of Advanced Maturity. Unless waived
by the registered owner of a Bond proposed for advanced
maturity, notice of advanced maturity shall be given in writing
by personal service upon, or by mailing by registered or
certified mail addressed to the registered owner, at least 30
days before the date fixed for advanced maturity, and the Bond
shall mature and become payable on the date fixed for advanced
maturity. If notice is mailed, it shall be mailed to the
address shown on the Bond Register or to such other address as
is furnished in writing by the registered owner to the Agent.
More than one Bond may be included in a single notice of
advanced maturity.
The Treasurer shall give the notice of advanced maturity;
provided, however, that the Treasurer may direct the Agent to
give notice of advanced maturity by mail, by delivering written
instructions to the Agent, accompanied by the notice specified
by Section 4.07(c), at least 45 days before the date fixed for
advanced maturity, and in that case, the Agent shall give the
notice of advanced maturity.
SECTION 4.03. Optional Advance Redemption~ Mandatory
Advance Redemption.
(a) Amount Due Upon Optional Advance Redemption.
Each Series 90-A Bond, or any portion of a Series 90-A Bond in
the amount of $5,000 or any integral multiple thereof, shall be
subject to advanced maturity upon payment of the principal
amount to be redeemed, together with a redemption premium equal
to three percent (3%) of such principal amount, plus interest
to the date of advanced maturity. The registered owner of the
Bond all or a portion of which is proposed to be redeemed may,
prior to the date fixed for advanced maturity, with the consent
of the Treasurer, surrender the Bond and receive the principal
thereof proposed to be redeemed, together with the redemption
premium thereon, and interest on such principal amount to the
date of payment. The Series 90-A Bonds are not subject to
refunding pursuant to the provisions of Division 11 (commencing
with Section 9000) or Division 11.5 (commencing with
Section 9500) of the California Streets and Highways Codes
prior to September 2, 1995.
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(b) Term Bonds; Mandatory Advance Redemption. Series
90-A Bonds maturing on September 2, 2015 are also subject to
mandatory advance redemption on each September 2, commencing
September 2, 2005, by lot, at a redemption price equal to the
principal amount to be redeemed, together with accrued interest
to the date of redemption, without premium, in accordance with
the following schedule and in the following amounts:
Year
Amount to be Redeemed
2005 $260,000
2006 280,000
2007 300,000
2008 320,000
2009 350,000
2010 375,000
2011 400,000
2012 430,000
2013 470,000
2014 500,000
2015 (Maturity) 540,000
Assessment installments sufficient to make these mandatory
advance redemptions shall be collected by the Town, deposited
in the Redemption Fund and used by the Agent for the mandatory
advance redemption or payment of the term bonds. All other
advance redemptions of term bonds or serial bonds shall be as
provided in the Improvement Bond Act of 1915 and herein. In
the event of a partial redemption of the term bonds other than
pursuant to the foregoing mandatory sinking fund redemption,
the foregoing sinking fund payments shall be reduced on a
proportionate basis. The principal amount of the term bond
maturing September 2, 2015 may be reduced and the foregoing
sinking fund amounts may be adjusted pursuant to the purchase
contract between the Town and the Original Purchaser of the
Series 90-A Bonds, no later than the Delivery Date, and in that
event the foregoing sinking fund schedule shall be revised and
certified by the Finance Director on the Delivery Date and
filed with the Clerk, and such sinking fund schedule as so
certified shall be the sinking fund schedule for the Series
90-A Bonds maturing on September 2, 2015.
(c) Surrender of Bonds Upon Redemption. If a Bond is
not sooner surrendered, as provided in paragraph (a) above, on
the date fixed for advanced maturity, the Agent shall set aside
to the credit of the registered owner the amount of the
principal thereof proposed to be redeemed, together with the
redemption premium thereon, if any, and interest then due on
such principal amount, and the portion of the Bond proposed to
be redeemed shall be deemed to have matured and interest shall
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15
cease to accrue thereon. The amount so set aside shall, upon
demand and upon the surrender of the Bond, be paid to the
registered owner. In the event only a portion of a Bond is
redeemed, a new Bond or Bonds of like maturity, series and of
authorized denominations, equal to the remaining portion of the
Bond so redeemed, shall be issued without expense to the
registered owner of the Bond so redeemed.
SECTION 4.04. Contents of Notices of Advanced Maturity.
All notices of advanced maturity shall be dated and shall state:
(1) the date fixed for advanced maturity,
(2)
the redemption price, based upon the payment of
interest to the date fixed for advanced maturity,
(3)
if less than all outstanding Bonds are to be
redeemed, the identification (and, in the case of
partial redemption, the respective principal
amounts) of the Bonds to be redeemed,
(4)
that on the date fixed for advanced maturity the
redemption price will become due and payable upon
each such Bond or portion thereof called for
redemption, and that interest thereon shall cease
to accrue from and after said date, and
(5)
the place where such Bonds are to be surrendered
for payment of the redemption price.
SECTION 4.05. Setting Aside of Funds for Advance
Retirement of Bonds. Prior to any advance retirement of a Bond
or portion thereof, the Town shall set aside with the Agent an
amount of money sufficient to pay the redemption price, based
upon the payment of interest to the date fixed for advanced
maturity or earlier payment date, of all the Bonds or portions
of Bonds which are to be retired by advanced maturity on a
particular date.
SECTION 4.06. Vacation of Proceedinq for Advance
Retirement of Bonds. Prior to the surrender of any Bond or the
setting aside of any funds for retirement of a Bond or portion
thereof by advanced maturity, the Treasurer may waive and
vacate any proceedings for such redemption upon being tendered
for cancellation some other Bond or Bonds, or portion of a
Bond, of an equivalent principal amount and of a maturity not
earlier than that noticed, if 10 days' notice of the
Treasurer's intention so to do is first given by mail or
otherwise to the registered owner of the Bond noticed for
advanced maturity and such owner ha~ not objected to such
action.
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SECTION 4.07. Procedure in Selectinq Bonds for Retirement
by Advanced Maturity. As provided by Section 2.05, the
provisions of Part 11.1 of the Bond Law are applicable to the
prepayment of assessments and the advancement of the maturity
of the Bonds. If the amount of any prepayment of assessments
together with prepayments of other assessments and other
available moneys in the Redemption Fund, or otherwise in escrow
or in trust, is sufficient to provide surplus available funds
with which to retire an outstanding Bond or portion, the
Treasurer shall select a Bond or portion to be retired by
advanced maturity as provided in this Article IV. In order to
select a Bond or portion for retirement by advanced maturity,
the Treasurer shall:
(a) Request from the Agent a list of the names and
addresses of the registered owners of the Bonds and the
numbers, denominations and maturities of the Bonds held by such
owners;
(b) Select Bonds for advanced maturity in such a way
that the ratio of outstanding Bonds to issued Bonds shall be
approximately the same in each annual series, or term bond, as
applicable, insofar as possible. Within each annual series, or
term bond, as applicable, Bonds shall be selected for advanced
maturity by lot. The decision of the Treasurer in selecting
Bonds or portions thereof for advanced maturity shall be
conclusive in the absence of fraud.
(c) Immediately notify the Agent of the Bond selected
for advanced maturity and provide written notice to the Agent
of the terms of advanced maturity; and
(d) Give or arrange for the Agent to give the notice
of advanced maturity required by Sections 4.02 and 4.09.
Upon notification to the Agent of the Bond or portion selected
for advanced maturity (redemption) as provided in subdivision
(c), no transfer or exchange of such Bond shall be permissible
until the Bond shall have been surrendered for retirement or
proceedings for its retirement by advanced maturity shall have
been vacated.
SECTION 4.08. Effect of Proceedings for Retirement by
Advanced Maturity. Notice of advanced maturity having been
given as provided by the preceding sections of this Article IV,
the Bonds or portions of Bonds so to be retired shall, on the
advanced maturity date, become due and payable at the
redemption price therein.specified, and from and after such
date (unless the Town shall default in the payment of the
redemption price) such Bonds or portions of Bonds shall cease
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to bear interest. The failure by the owner of a Bond to
receive notice of advanced maturity shall not affect the
validity of the proceedings for the retirement by advanced
maturity of such Bond or the cessation of interest. Upon
surrender of such Bonds for retirement in accordance with said
notice, such Bonds or portions shall be paid by the Agent at
the redemption price. Installments of interest due prior to
the advanced maturity date shall be payable as provided by
Article III for payment of interest. All Bonds which have been
retired shall be cancelled and destroyed by the Agent and shall
not be reissued. A certificate by the Agent that notice of
advanced maturity has been duly given shall be conclusive as
against all parties.
SECTION 4.09. Additional Notice. In addition to notice of
advanced maturity as provided by Section 4.02, further notice
shall be given by the Treasurer (or by the Agent, by
arrangement by the Treasurer) as set out below, but no defect
in said further notice nor any failure to give all or any
portion of such further notice shall in any manner defeat the
effectiveness of the retirement by advanced maturity
proceedings pursuant to any notice required by Section 4.02.
Each further notice of advanced maturity given
hereunder shall contain the information required above
for notice of advanced maturity plus (i) the CUSIP
numbers of all Bonds being retired; (ii) the date of
issue of the Bonds as originally issued; (iii) the
rate of interest borne by each Bond being retired;
(iv) the maturity date of each Bond being retired;
(v) certificate numbers and called amounts of each
certificate (for partial calls); (vi) publication
date; (vii) redemption agent name and address; and
(viii) any other descriptive information needed to
identify accurately the Bonds being retired.
Each further notice of advanced maturity shall be
sent, in a timely manner designed to assure that such
notice is in the possession of the depositories and
services no later than the close of business of the
day before the day notice provided for by Section 4.02
is given or mailed to Bondowners, by telecopy or
registered or certified mail or overnight delivery
service, to all registered securities depositories
customarily so notified (such depositories now being
Depository Trust Company, Garden City, New York,
Midwest Securities Trust Company, Chicago, Illinois,
Pacific Securities Depository Trust Company, San
Francisco, California and Philadelphia Depository
Trust Company, Philadelphia, Pennsylvania) and to one
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$
or more national information services that customarily
disseminate notices of redemption of obligations such
as the Bonds (such services now including Financial
Daily Called Bond Service, Interactive Data
Corporation's Bond Service, Kenney Information
Service's Called Bond Service, Moody's Municipal and
Government, and Standard & Poor's Called Bond Record).
Upon the payment of the redemption price of Bonds
being retired by advanced maturity, each check or
other transfer of funds issued for such purpose shall
bear the CUSIP number identifying, by issue and
maturity, the Bonds being retired with the proceeds of
such check or other transfer.
ARTICLE V
REGISTRATION
SECTION 5.01. Bond Reqister. The Town shall cause to be
kept records (the "Bond Register") at the named office of the
Agent indicating at all times the series, number, date,
denomination, maturity date, rate of interest and the amount of
each interest payment of the Bonds and the names, addresses and
social security or other tax identification numbers of the
owners of the outstanding Bonds that have been authenticated
and registered by the Agent. The Agent shall, under such
reasonable regulations as the Agent may prescribe, authenticate
and register or transfer or exchange or cause to be
authenticated and registered or transferred or exchanged, in
said Bond Register, the Bonds as herein provided.
The Bonds shall be registered only in the name of an
individual (including joint owners), a corporation, a
partnership or a trust.
The Agent shall cancel or cause to be cancelled in the Bond
Register each Bond paid or surrendered for transfer or exchange.
The information contained in the Bond Register with regard
to the ownership of or security interests in the Bonds shall
not be subject to inspection or copying by the public as
provided in Section 5060(a) of Chapter 1.5 of Division 6 of
Title 1 of the California Government Code, provided that such
Bond Register shall be open for inspection by the Town during
reasonable business hours, upon at least one business day
advance written notice.
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SECTION 5.02. Transfer and Exchange of Bonds. Any duly
authenticated and registered Bond may, in accordance with its
terms,4be transferred upon the Bond Register required to be
kept pursuant to Section 5.01 hereof by the registered owner or
by an attorney therefor duly authorized in writing upon
surrender of the Bond to be transferred at the named office of
the Agent, duly endorsed or accompanied by a duly executed
written instrument of transfer satisfactory to the Agent, with
signatures authenticated by a commercial bank or trust company
or by a member firm of a registered national securities
exchange. The Agent shall forthwith cancel the Bond
surrendered for transfer and the Town shall execute and the
Agent shall authenticate, register and issue one or more new
fully registered Bonds of like maturity, series and of
authorized denominations, aggregating the principal amount of
the Bond surrendered for transfer. The new Bond or Bonds shall
be registered in one or more permissible names, as requested by
the transferor.
Any duly authenticated and registered Bond may, in
accordance with its terms, be exchanged at the named office of
the Agent for a like aggregate principal amount of Bonds of
other authorized denominations of the same maturity and series
as the Bond surrendered for exchange.
For any registration, transfer or exchange of Bonds (except
initial registration of Bonds being delivered to the Original
Purchaser), the Town or Agent may, as a condition precedent to
the exercise of such privilege, require payment by the person
requesting such registration, transfer or exchange, of an
amount sufficient to reimburse it for any tax or other
governmental charge that may be imposed in connection therewith
but no other charge shall be made to any owner or the Town for
the privilege of exchanging or registering the transfer of
Bonds under the provisions of this resolution.
The Town and the Agent may deem and treat the person in
whose name any outstanding Bond shall be registered upon the
Bond Register as the absolute owner of such Bond, whether such
Bond shall be overdue or not, for the purpose of receiving
payment of, or on account of, the principal or redemption
price, if any, and interest on such Bond and for all other
purposes. All such payments so made to any such registered
owner or upon the order of such owner shall be valid and
effectual to satisfy and discharge the liability upon such Bond
to the extent of the sum or sums so paid, and neither the Town
nor the Agent shall be affected by any notice to the contrary.
The Agent shall not transfer or exchange any Bond which the
Town has selected £or r~t~r~m~n~ by advan~d maturity
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(redemption), as provided in Section 4.07, provided that the
Agent has been notified that such Bond is being retired, and
the transfer or exchange of any Bond shall not be required to
be mad~ between a Record Date and the subsequent interest
payment date, or between the date of provision to the Treasurer
of the list specified by Section 4.07(a) and the date of
notification to the Agent of the Bonds selected for retirement
by advanced maturity (redemption).
Each Bond delivered under this Bond Resolution upon
transfer of or in exchange for or in lieu of any other Bond
shall carry all the rights to interest accrued and unpaid, and
to accrue, which were carried by such other Bond, and each such
Bond shall bear interest from such date that neither gain nor
loss in interest shall result from such transfer, exchange or
substitution.
ARTICLE VI
APPLICATION OF FUNDS
SECTION 6.01. Improvement Fund. The Impro'vement Fund
shall consist of the proceeds received from the sale of the
Bonds, including any premium received by the Town on the sale
of the Bonds (but not including any accrued interest, which
shall be placed in the Redemption Fund; and not including any
capitalized interest included as a cost incident to the
issuance of the Bonds, which shall also be placed in the
Redemption Fund) and investment earnings on the Improvement
Fund retained therein pursuant to the provisions hereof.
Disbursement from the Improvement Fund shall be made to pay the
costs of acquisitions and improvements, together with all
expenses incidental thereto, as set forth in the Resolution of
Intention.
Disbursements shall be made by the Agent upon receipt of a
payment request from the Town requesting such disbursements and
certifying that the disbursements requested by the payment
request are for the acquisitions and improvements, or
incidental expenses related thereto, as set forth in the
Resolution of Intention, and further certifying that funds are
available in the Improvement Fund to make the disbursements
requested. Disbursements shall be made by the Agent by check
payable to the persons identified in the payment request, in
the amount specified, and the checks shall be mailed by the
Agent to the address specified in the payment request by
regular mail, postage prepaid.
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Upon receipt from the Town of a certified resolution of the
Council determining that no further amounts are to be disbursed
for co~ts of the acquisitions and improvements, or incidental
expenses, the Agent shall use any surplus remaining in the
Improvement Fund, in such amounts as the Council may determine,
for one or more of the following purposes:
(a) The Agent shall transfer to the Town, and the
Town shall deposit into its general fund, so much of the
surplus as shall not exceed the lesser of $1,000 or 5% of the
total amount expended from the Improvement Fund;
(b) The Agent shall transfer to the Town so much of
the surplus as the Town certifies will be used for the
maintenance of improvements acquired or constructed pursuant to
the Resolution of Intention; or
(c) Not sooner than two (2) years from the Delivery
Date, the Agent shall transfer the remaining surplus to the
Redemption Fund to be applied to call outstanding Bonds or as a
credit to the assessment, as directed by the Town, except that
the amount certified to the Agent by the Town as the amount
that is to be returned in cash, pursuant to Section 10427.1 of
the California Streets and Highways Code, to the persons paying
assessments or supplemental assessments in cash, shall be
disbursed by the Agent by check upon receipt of a payment
request from the Town requesting such disbursement; provided,
however, that such surplus may, if the Council so determines,
also be applied as a credit on account of any contributions to
the cost and expenses of the acquisitions and improvements and
incidental expenses in the proportion which such contributions
bear to the total amount of the assessment or supplemental
assessment plus the sum of all such contributions, and the
amount certified to the Agent by the Town as the amount that is
to be returned to the agency or authority making such
contributions shall be disbursed by the Agent by check to such
agency or authority.
ARTICLE VII
PAYMENT AND SECURITY
SECTION 7.01. Redemption Fund. The Redemption Fund shall
consist of moneys received by the Town from the following
sources:
(a) Any accrued interest received by the Town from
the sale of the Bonds;
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(b) Any capitalized interest included as a cost
incident to the issuance of the Bonds;
(c) Moneys received by the Town from the collection
of the principal of the assessments and the interest and any
penalties thereon, or advanced by the County pursuant to the
Teeter Plan, as provided in Section 2.05;
(d) Any amounts transferred from the Reserve Fund
pursuant to Section 7.02(a);
(e) Any amounts that the Town determines to advance,
if any, from available funds of the Town, on account of
delinquencies in the payment of installments of assessments and
the interest thereon, pursuant to Section 7.05;
(f) Any amounts recovered by the Town from \
foreclosure of delinquent installments of assessments and the
interest thereon which are not to be used to reimburse the
Reserve Fund under Section 7.02(a), or the Town for any
advances made under Section 7.05;
(g) The amounts received by the Town to prepay in
full any assessments, which shall be applied to the advance
retirement of the Bonds, in the manner set forth in Section
4.01;
(h) Any amounts transferred from the Reserve Fund to
be credited as part of a prepayment of assessments pursuant to
Section 7.02(b);
(i) Any earnings and profits from the deposit or
investment of moneys in the Redemption Fund retained therein
pursuant to Section 7.04;
(j) Any amounts transferred from the Reserve Fund
pursuant to Section 7.02(d) whenever all the remaining
outstanding Bonds can be retired, which amounts are to be
applied as credits to the unpaid assessments (after deducting
therefrom the costs of computing such credits), and, under the
circumstances hereinafter specified, to the advance retirement
of the Bonds;
(k) Any amounts transferred from the Improvement Fund
pursuant to Section 6.01(c); and
(1) Any amounts transferred from the Reserve Fund for
the payment of or advance retirement of Bonds pursuant to
Section 7.02(c)(ii).
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Any of the foregoing amounts which are received by other than
the Agent shall immediately be transferred to the Agent for
deposit in the Redemption Fund.
Amounts placed in the Redemption Fund (except amounts
placed therein in connection with the prepayment of assessments
and amounts received from the investment of moneys in the
Redemption Fund) are to be expended in payment of the principal
of and interest on the Bonds within thirteen (13) months from
the date of deposit therein (except for a reasonable carryover
amount not to exceed the greater of one year's earnings on said
Fund or one-twelfth of annual Debt Service), and amounts that
cannot be so expended are to be applied at the earliest call
date to the advance retirement of the Bonds.
Amounts placed in the Redemption Fund from earnings and
profits from the deposit or investment of moneys in said Fund
are to be spent within a one-year period beginning on the date
of receipt in payment of the principal of and interest on the
Bonds, and, if not needed for such purpose, by applying same at
the earliest call date to the advance retirement of the Bonds.
Amounts placed in the Redemption Fund which are to be used
to retire Bonds in advance of their stated maturities shall be
accumulated therein until the amount available equals or
exceeds the amount required to retire one or more of the Bonds,
and, subject to the provisions of Article IV, are to be
expended on the next ensuing March 2 or September 2 in payment
of the principal, redemption premium and interest payable on
that date, and the expenses of retirement by advanced maturity.
In the event there are insufficient monies held in the
funds and accounts established under this Bond Resolution to
make any payment of principal or interest on the Bonds when
due, the Treasurer shall provide written instructions to the
Agent with respect to the payments to be made with the
insufficient funds. The Agent may conclusively rely on such
instructions.
SECTION 7.02. Reserve Fund. The Treasurer shall, from the
proceeds of the Series 90-A Bonds, transfer to the Agent an
amount equal to $251,600 for deposit into the Reserve Fund.
The Treasurer shall from the proceeds of the Bonds of any
subsequent series, transfer to the Agent an amount equal to
five percent (5%) of the principal amount of the Bonds of such
series originally issued, for deposit into the Reserve Fund.
Moneys in the Reserve Fund shall be used for the benefit of
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Bondowners. The Reserve Fund shall be valued semiannually at
the fair market value thereof.
If at any time the amount in the Reserve Fund exceeds the
lesser of the following, the Town shall restrict the yield on
the excess amount, in accordance with applicable Federal tax
law and the Guidelines:
issued;
(i) The maximum annual debt service of all Bonds
(ii) One and one-quarter (1.25) times the average
annual debt service of all Bonds issued; or
(iii) Ten percent (10%) of the principal amount of the
Bonds originally issued.
The foregoing test must be satisfied with respect to the
Bonds and additionally for each series of Bonds treated as a
separate issue of Bonds with a separate reserve fund.
Moneys in the Reserve Fund shall be paid and transferred in
the following amounts and at the following times and under any
of the following circumstances:
(a) Whenever there are insufficient funds in the
Redemption Fund to meet the next maturing installment of
principal of or interest on the Bonds, an amount necessary to
cover such deficiency shall be transferred as an advance from
the Reserve Fund to the Redemption Fund. If such insufficiency
is due to delinquent installments of assessments, the amount so
advanced shall be reimbursed and deposited in the Reserve Fund
from the proceeds of redemption or sale of the parcel with
respect to which the advance of delinquent installments was
made from the Reserve Fund.
(b) Any unpaid assessment which is paid in cash prior
to its final maturity date pursuant to the provisions of
Section 2.05 hereof shall be proportionately reduced by an
amount equal to the ratio of the total amount initially
provided for the Reserve Fund to the total amount originally
assessed in the proceedings for the Bonds, and an amount equal
to the reduction in said assessment shall be transferred from
the Reserve Fund to the Redemption Fund.
(c) For the purposes of (1) assuring that the Bonds
will not become arbitrage bonds as defined in the Code and
regulations promulgated thereunder by the Department of
Treasury, and (2) providing that the amount of money in the
Reserve Fund during the term o£ the ~eri~s 90-A Bondm dogg not
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exceed six percent (6%) of the original principal amount of the
Series 90-A Bonds, moneys in the Reserve Fund, including
investment income, shall, subject to Section 7.07 hereof with
respect to investments having a yield in excess of the Bond
yield, be used in the following order of priority:
(i) as a credit against any annual assessment
levied to pay costs incurred by the Town and not
otherwise reimbursed which result from the
administration and collection of assessments or from
the administration or registration of any associated
bonds and reserve or other related funds; moneys in
the amount of such credit shall be transferred to the
Bond Administration Fund established pursuant to
Section 7.03 hereof;
(ii) as a credit upon the assessment in the
manner directed by the Town (which direction shall
comply with Section 10427.1 of the California Streets
and Highways Code), or transferred to the Redemption
Fund established pursuant to Section 7.01 hereof for
advance retirement of the Bonds, as directed by the
Town.
Subject to Section 7.07 hereof, to the extent the balance in
the Reserve Fund is less than 6% of the original principal
amount of the Series 90-A Bonds any investment earnings on
amounts in the Reserve Fund shall be retained therein. In the
event that the crediting of any portion of such proceeds upon
assessments not theretofore paid in full in cash would result
in moneys in the Redemption Fund remaining therein for a period
of more than twelve (12) months, then any portion of such
proceeds which would otherwise remain in the Redemption Fund
for a period of more than twelve (12) months shall be used to
call Bonds prior to their maturity date on the earliest call
date next succeeding the deposit thereof in the Redemption Fund.
(d) Whenever the balance in the Reserve Fund is
sufficient to retire all the remaining outstanding Bonds,
including accrued interest and redemption premium, if any,
collection of the principal and interest on the unpaid
assessments shall be discontinued and the Reserve Fund shall be
liquidated in retirement of the Bonds. The Council shall order
the same to be credited against the remaining unpaid
assessments in the manner set forth in said Section 10427.1 of
the California Streets and Highways Code, and the amount
apportioned to each such unpaid assessment shall be credited
against the last unpaid assessment installment, and, if the
amount apportioned to each such parcel exceeds the amount of
said last installment, then such excess shall be credited
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against the next preceding unpaid assessment installment or
installments until exhausted. In the event that the balance in
the ReServe Fund at the time of liquidation exceeds the amount
required to retire all outstanding Bonds, the excess shall be
apportioned to each parcel upon which the individual assessment
remained unpaid at the time the balance in the Reserve Fund was
sufficient to retire all outstanding Bonds as specified by the
Town. The payments shall be made in cash to the respective
owners of the parcels except that, if the excess is not greater
than one thousand dollars ($1,000), the excess may be
transferred to the general fund of the Town as provided by
Section 6.01(a).
SECTION 7.03. Bond Administration Fund. There is hereby
created a special fund, herein called "Bond Administration
Fund", to be designated and maintained by the Agent as a
separate trust account, distinct from all other accounts of the
Town. Any amount designated by the Town and on deposit in the
Improvement Fund to pay the administrative costs of collection
of assessments or the installments thereof, of maintaining the
record of installments to be collected on the County's tax
roll, of maintaining the system of registration and transfer of
the Bonds, of paying or calling and redeeming the Bonds, of
investment or deposit of moneys, and of complying with the Code
with respect to the Bonds, other than any such costs which
constitute Town administrative expenses payable as an expense
of issuing the Bonds, shall, upon receipt of the proceeds of
the Bonds, be transferred upon the written request of the Town
from the Improvement Fund and placed in the Bond Administration
Fund.
Fees or charges incurred by the Town payable to the Agent
or to the County in satisfaction of the Town's liability to the
Agent or such County for the Agent's or such County's services
described herein, as well as other administrative costs
hereunder, including those of the Town, shall be paid from the
Bond Administration Fund, except that fees or charges payable
to the County for the County's collection services described
herein may be retained by the County and not transferred to the
Agent.
To the extent such Agent, County or Town costs are not
funded out of Bond proceeds, they shall be reimbursed or
satisfied by the collection of an annual assessment of such
fees or charges or estimates thereof, such Agency and Town
costs not to exceed the maximum annual assessment for such fees
or charges heretofore approved in the Proceedings. The amount
of any such fees, charges, or estimates thereof shall be
apportioned pro rata and shall be collected with the same
collection and enforcement procedures and with the same
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27
priority and effect as with respect to the collection of the
principal of and interest on the unpaid assessments, except
that the annual assessment for Agency and Town administrative
costs shall become a lien at the same time as the property tax
becomes a lien each year.
Any amount remaining in the Bond Administration Fund upon
the retirement of the Bonds shall be disposed of as directed by
the Town in accordance with Section 8783 of the Bond Law.
SECTION 7.04. Deposit and Investment of Funds. Moneys in
the Improvement Fund, the Redemption Fund and the Bond
Administration Fund shall be deposited or invested in any
obligations which are then authorized by the laws of the State
of California for deposits or investments of local agencies,
including an Investment Agreement, maturing, or under which
payments are to be made, on a date or dates on or prior to the
need for such moneys, and moneys in the Reserve Fund shall be
deposited or invested in such obligations, including an
Investment Agreement, maturing, or under which payments are to
be made, on a date or dates not later than the date of maturity
of the last Bond then outstanding, or, in the case of an
Investment Agreement, when Reserve Fund moneys are required to
make payments hereunder. Deposit or investment of moneys in
the Investment Earnings Fund and in the Rebate Fund shall be
made in any obligations which are then authorized by the laws
of the State of California for deposits or investments of local
agencies, including an Investment Agreement, maturing on or
under which payments are payable, on a date or dates prior to
the earlier of the first succeeding date of distribution to
another fund (in the case of the Investment Earnings Fund) or
to the United States (in the case of the Rebate Fund). Any
income or interest earned on any fund or account held by the
Agent under this Bond Resolution shall accrue to and be
deposited in the fund or account from which said moneys were
deposited or invested, except to the extent otherwise provided
by Sections 7.02(c), 7.06 or 7.07. The Agent shall be entitled
to receive instructions from the Town as to each deposit or
investment prior thereto, and to have such instructions
confirmed in writing within two business days. In the absence
of prior instructions the Agent shall invest moneys as they
become available for deposit or investment in units of a
taxable government money market portfolio composed of
obligations guaranteed by the full faith and credit of the
United States and rated at least "Am" by Standard & Poor's
Corporation, which obligations shall either mature in no more
than 2 weeks or may be sold within that period.
SECTION 7.05. Advances from Available Funds. In the event
of a delinquency in the payment of any installment of the
3213001/52
28
assessment levied upon any property for the payment of the
principal of and interest on the Bonds, the Town may be the
purchaser of delinquent property upon which any of said
assessments are levied in like manner in which it may become
the purchaser of property sold for the nonpayment of general
real property taxes, and in the event the Town does so become
the purchaser of such property, shall pay and transfer from
available funds into the Redemption Fund the amount of any
delinquent assessment installment and interest thereon. The
Town may also pay and transfer from available funds into the
Redemption Fund the amount of any future delinquent assessment
and interest thereon on such property pending redemption or
sale. Any amounts so advanced shall be recoverable upon sale
or redemption of the property. Except, however, to the extent
of moneys in the Reserve Fund, the Town shall not be obligated
to advance available funds to cure any deficiency in the
Redemption Fund, but the Town shall be so obligated to the
extent of available funds in the Reserve Fund.
SECTION 7.06. Rebate Fund. There is hereby created, to be
held by the Agent as a separate fund distinct from all other
funds and accounts held by the Agent under this Bond
Resolution, a Rebate Fund.
(a) Deposits. All money at any time received by the Agent
for deposit in the Rebate fund shall be held by the Agent in
trust, to satisfy the Rebate Requirement (as defined in the
Guidelines), for payment to the United States. All amounts
deposited in or on deposit in the Rebate Fund shall be governed
by Section 8.01 and this Section 7.06 and by the Guidelines.
The Agent shall cease to maintain the Rebate Fund upon receipt
of an opinion of bond counsel that the Bonds are not subject to
the Rebate Requirement. In that event, any remaining monies in
the Rebate Fund shall be transferred to the Redemption Fund.
(b) Disbursements. Any funds remaining in the Rebate Fund
after redemption and payment of all Bonds outstanding and any
amounts described in paragraph (2) below, or provision made
therefor satisfactory to the Agent, including accrued interest
and payment of any applicable fees and satisfaction of the
Rebate Requirement, shall be withdrawn by the Trustee and
transferred to the Redemption Fund.
Upon the Town's written direction, which shall specify each
of the following, the Agent shall pay to the United States, out
of amounts in the Rebate Fund:
(1) not later than 60 days after the end of the fifth
Bond Year (as defined in the Guidelines) and each fifth
Bond year thereafter, an amount equal to at least 90% of
3213001/52
29
the "febarable arbitrage" calculated as of the end of the
Bond Year in accordance with Section 148(f) of the Code,
including Section 148(f)(4)(B) of the Code, including
SeCtion 148(f)(4)(B) of the Code, and Section 1.148-2T of
the Proposed and Temporary Treasury Regulations issued
under Section 148(f) of the Code (the "Rebate Regulations");
(2) not later than 60 days after the retirement of
the last Bond, an amount equal to 100% of the "rebatable
arbitrage" calculated as of the end of such Bond Year, and
any income attributable to the "rebatable arbitrage" both
determined in accordance with Section 148(f) of the Code,
including Section l~8(f)(4)(B) of the Code, and Section
1.148-2T of the Rebate Regulations. Each payment required
to be made pursuant to this subsection shall be made to the
Internal Revenue Service Center, Philadelphia, Pennsylvania
19255 on or before the date such payment is due, and shall
be accompanied by Internal Revenue Service Form 8038-T; and
(3) for purposes of crediting amounts to the Rebate
Account or Earnings Account or withdrawing amounts from the
Rebate Fund, Nonpurpose Obligations shall be valued in the
manner provided in the Guidelines.
(c) Credits. Within 55 days of the end of each Bond Year
(as defined in the Guidelines), upon the Town's written
direction, amounts in the Investment Earnings Fund shall be
transferred to the Rebate Fund.
(d) Calculation of the Rebate. The Town shall make, or
arrange to have made, the calculations to determine whether any
amounts need to be paid to the federal government under Section
148(f) of the Code.
SECTION 7.07. Investment Earnings. There is hereby
created, to be held by the Agent as a separate fund distinct
from all other funds and accounts held by the Agent under this
Bond Resolution, an Investment Earnings Fund. Interest
earnings on investments having a yield no greater than the
yield on the Bonds (as determined in the Guidelines) shall be
retained in the fund or account on which they were earned,
except as provided in Section 7.02(c). Interest earnings
representing yield received above the yield of the Bonds on
investments having a yield greater than the yield on the Bonds
(as determined in the Guidelines) shall be paid into the
Investment Earnings Fund. The Town shall provide written
directions to the Agent indicating whether an investment has a
yield greater than the yield on the Bonds, upon which
directions the Agent may conclusively rely for all purposes
hereof.
3213001/52
30
The Agent may conclusively rely on directions and
instructions of the TOwn with respect to the requirements of
Sectiops 7.06 and 7.07 and shall be deemed to have complied
with such Sections if it follows such instructions and
directions.
ARTICLE VIII
COVENANTS
SECTION 8.01. Bonds Not to Become Arbitraqe Bonds. The
Town hereby certifies that it reasonably expects that the
proceeds of the Bonds will not be used in a manner that would
cause the Bonds to be classified as "arbitrage bonds" under
Section 148(a) of the Code. To the best knowledge and belief
of the Town, there are no facts or circumstances that would
materially change the foregoing conclusion.
The Town covenants with all purchasers and owners of the
Bonds from time to time outstanding that so long as any of the
Bonds remain outstanding, moneys on deposit in any fund or
account in connection with the Bonds, whether or not such
moneys were derived from the proceeds of the sale of the Bonds
or from any other sources, will not be used in a manner which
will cause the Bonds to be "arbitrage bonds" within the
meaning of Section 148(a) of the Code. The Town covenants and
agrees that it will comply with the Guidelines, as they may be
amended from time to time and the Agent covenants and agrees
that it will comply with the directions of the Town given to it
pursuant to the Guidelines. Pursuant to such covenant, the
Town obligates itself to comply throughout the term of the
issue of the Bonds with the requirements of Section 148 of the
Code.
The foregoing covenants shall extend throughout the term of
the Bonds, to all funds and accounts created under this Bond
Resolution and all moneys on deposit to the credit of any such
fund or account, and to any other amounts which are Bond
proceeds for purposes of Section 148 of the Code. The Town
covenants that it will take no action and permit no action
within its control to be taken which would adversely affect the
exclusion of interest on the Bonds from gross income for
Federal income tax purposes, the exemption of interest on the
Bonds from State of California personal income taxes or the
determination of a bondowner's alternative minimum tax or
environmental tax liability.
SECTION 8.02° Foreclosure Covenant. The Town will order
and cause to be commenced within 150 days ~ollowing the date of
delinquency, and thereafter diligently prosecuted to
3213001/52
31
completion, court foreclosure proceedings upon the lien of any
and all delinquent installments of the annual proportion of any
assessments and interest, pursuant to and as provided by Part
14 (commencing with Section 8830) of the Bond Law.
SECTION 8.03. Good Faith Covenant. The Town will proceed
in good faith to complete the acquisitions and improvements in
la timely manner pursuant to the Bond Law and the Municipal
Improvement Act of 1913, being Division 12 (commencing with
Section 10000) of the California Streets and Highways Code,
reserving the right to make changes and modifications as
permitted by the latter Act. In furtherance thereof, the Town
will act in good faith to schedule the future sale of
obligations in such a manner that the proceeds thereof become
available as necessary to pay for the acquisitions and
improvements and will do so and will endeavor to sell such
obligations even if the Town is advised by bond counsel that
the interest on such obligations may not be excludable from
gross income for purposes of federal income taxation.
SECTION 8.04. Further Assurances. The Town will adopt,
make, execute and deliver any and all such further resolutions,
instruments and assurances as may be reasonably necessary or
proper to carry out the intention or to facilitate the
performance of this Bond Resolution, and for the better
assuring and confirming to the registered owners of the Bonds
the rights and benefits provided by this Bond Resolution.
ARTICLE IX
THE FISCAL AGENT
SECTION 9.01. Agent. Pursuant to Section 3.03, Security
Pacific National Bank, at its principal corporate trust office
in Los Angeles, California, has been appointed the fiscal Agent
of the Town. The Agent shall exercise the rights and perform
such duties as are specifically set forth herein, and no
implied covenants or obligations shall be read into this Bond
Resolution against the Agent.
SECTION 9.02. Successor Agent. The Agent may at any time
resign, which resignation shall become effective upon the
appointment of a successor Agent. Upon receiving notice of
such resignation the Town shall promptly appoint a successor
Agent, except that if no successor Agent shall have been
appointed by the Town within thirty (30) days of receiving such
notice, the resigning Agent may petition any court of competent
jurisdiction for the appointment of a successor Agent. The
Town may at any time in its sole discretion, ~x~ept when an
event of default has occurred and is continuing, remove the
3213001/52
32
Agent initially appointed and any successor thereto and may
appoint a successor or successors thereto by an instrument in
writing; provided that the Town agrees that it will at all
times maintain an Agent with a principal corporate trust office
in San Francisco or in Los Angeles, California, which successor
Agent shall be either the Treasurer, or a bank or trust company
having a combined surplus of at least twenty-five million
dollars ($25,000,000) and subject to supervision or examination
by federal or state authority. If such bank or trust company
publishes a report of condition at least annually, pursuant to
law or to the requirements of any supervising or examining
authority above referred to, then for the purposes of this
Section, the combined surplus of such bank or trust company
shall be deemed to be its combined surplus as set forth in its
most recent report of condition so published. Upon merger or
consolidation of the Agent, if the resulting organization meets
the requirements of the preceding two sentences, such
organization shall be authorized to act as successor Agent
without any further action by the Town. Upon any succession as
Agent, the predecessor shall deliver all cash, deposits,
investments, Bonds, the Bond Register and other record which
are in its possession to the successor Agent.
SECTION 9.03. Compensation of Aqent. The Town shall from
time to time, upon request of the Agent and subject to any
agreement between the Town and the Agent then in force, pay the
Agent compensation for its services, reimburse the Agent for
all its advances and expenditures, including but not limited to
advances to and fees and expenses of independent accountants,
counsel and engineers or other experts employed by it in the
exercise and performance of its rights and obligations
hereunder, and indemnify and save the Agent harmless against
liabilities, costs or claims in performance of its duties
hereunder either (a) not arising from its own negligence or
willful misconduct which it may incur in the exercise and
performance of its rights and obligations hereunder, or (b)
arising out of breach by the Town of any covenants, conditions
or other obligations to be performed or observed by the Town
hereunder; provided that the Agent shall not have any lien for
such compensation, reimbursement, indemnity or hold harmless
against any moneys held by it in any of the funds established
hereunder, although it may take whatever legal actions are
lawfully available to it directly against the Town. Such
indemnification shall survive the final payment of the Bonds or
the resignation or removal of the Agent.
SECTION 9.04. Limitations on Responsibilities of Aqent.
The statements, agreements, conditions, covenants and terms
contained herein or in the Bonds shall be taken as statements,
agreements, conditions, covenants and terms of the Town, and
the Agent does not assume any responsibility for the
3213001/52
33
correctness of the same or for the observance or performance by
the Town of the same and does not make any representation as to
the sufficiency or validity hereof or of the Bonds.
The Agent shall have no responsibility to see to the
deposit with the Agent of amounts to be deposited under this
Bond Resolution. The Agent may conclusively rely on the
written instructions, representations and calculations received
by it from the Council or from any officer of the Town or from
any officer of the County hereunder.
SECTION 9.05. Protection of Aqent. The Agent shall be
protected in acting upon any notice, resolution, request,
consent, order, certificate, report, Bond or other paper or
document believed by it to be genuine and to have been signed
or presented by the proper party or parties. The Agent may
consult with counsel, who may be counsel to the Town or bond
counsel, with regard to legal questions, and the opinion of
such counsel shall be full and complete authorization and
protection in respect of any action taken or suffered hereunder
in good faith and in accordance herewith.
SECTION 9.06. Evidence of Matters. Whenever, in the
performance of its duties under this Bond Resolution the Agent
shall deem it necessary or desirable that a matter be proved or
established prior to taking or suffering any action hereunder,
such matter (unless other evidence in respect thereof be herein
specifically prescribed) may, in the absence of bad faith on
the part of the Agent, be deemed to be conclusively proved or
established by a certified resolution of the Council, and such
resolution shall be full warrant to the Agent for any action
taken or suffered under the provisions of this Bond Resolution
upon the faith thereof, but in its discretion the Agent may, in
lieu thereof, accept other evidence of such matter or may
require such additional evidence as it may deem reasonable.
SECTION 9.07. Report on Delinquencies. In furtherance of
the Town's covenant to foreclose on properties on which the
assessment becomes delinquent (see Section 8.02), Agent shall,
semi-annually, following each delinquent date for the payment
of taxes, obtain from the County and file with the Treasurer a
list of any and all properties on which the installment of
assessment remains unpaid on said delinquent date.
ARTICLE X
MISCELLANEOUS
SECTION 10.01. Reservation o£ Jurisdiction~ The Town
hereby reserves jurisdiction to issue obligations additional to
the Series 90-A Bonds payable from and secured by the unpaid
34
3213001/52
assessments and the moneys in the Redemption Fund and the
Reserve Fund, and with the same priority as the Series 90-A
Bonds,~for the purpose of completing the acquisitions and
improvements pursuant to the Resolution of Intention. In
addition, the Town hereby reserves jurisdiction to make changes
and modifications in the acquisitions and improvements and
otherwise, as permitted by the Bond Law and the Municipal
Improvement Act of 1913, being Division 12 (commencing with
Section 10000) of the California Streets and Highways Code, and
in particular, to increase assessments and issue obligations
additional to the Series 90-A Bonds, for the purpose of
completing the acquisitions and improvements, which additional
obligations will be on a parity of lien with respect to the
unpaid assessments and the moneys in the Redemption Fund and
Reserve Fund as the Series 90-A Bonds. In connection with the
issuance of any such additional obligations the Town will, from
proceeds of such additional obligations, increase the amount in
the Reserve Fund as required by Section 7.02 hereof.
SECTION 10.02. Refundinq of the Bonds. The Bonds may be
refunded upon determination of the Council that the public
interest or necessity requires the refunding of the Bonds and
the levy of assessments as security for the refunding bonds,
the assessments securing the refunding bonds shall supersede
and supplant the assessments securing the Bonds to be refunded,
the Reserve Fund or applicable portion thereof may be
liquidated, and thenceforth, the Bonds to be refunded shall be
secured by an escrow or trust sufficient, together with any
interest or other gain to be derived from the investment of all
or a portion thereof in Federal Securities (as defined by the
Refunding Act of 1984 for 1915 Improvement Act Bonds
(Division 11.5 of the California Streets and Highways Code)),
to pay the principal of, and interest and redemption premiums
on, the Bonds be refunded~ provided, however, that the Series
90-A Bonds may not be refunded pursuant to said Refunding Act,
or Division 11 of said Code, prior to September 2, 1994. The
Series 90-A Bonds and any subsequent series of Bonds may be
refunded separately to the extent permitted by law.
SECTION 10.03. Amendment. This Bond Resolution may be
amended, without the consent of any of the Bondowners, by the
Council, by resolution, for any of the following purposes:
(1) to add to the covenants for the benefit of the
Bondowners or to surrender any right or power conferred
upon the Town~
(2) to cure any ambiguity, to correct or supplement
any provision which may be inconsistent with any other
provision or to make any other provision, with respect to
matters or questions arising with respect to the Bonds,
which shall not be inconsistent with the provisions of this
3213001/52
35
Bond Resolution and applicable law, provided that such
action shall not adversely affect the interests of the
Bo~downers;
(3) to provide for the holding of the Improvement
Fund or portion thereof by either the Agent, the Treasurer,
or each (as to identified portions) and for the
administration of moneys so held~
(4) to make such additions, deletions or
modifications as may be necessary to provide for compliance
with Section 148(f) of the Code relating to the required
rebate to the United States or to enable the Town to comply
with such provision by alternative means selected by the
Town as may be provided by the Code, or otherwise as may be
necessary to assure exclusion from federal income taxation
of the interest on the Bonds~ and
(5) to provide for the issuance of additional
obligations of the Town, from time to time and in one or
more series, which are secured on a parity with the Series
90-A Bonds as contemplated by Sections 2.03. and 10.01
hereof and to add funds, accounts or subaccounts hereunder
or to cure any ambiguity or correct or supplement any
provision hereof necessary or convenient as a result of any
such additional obligations.
This Bond Resolution shall, by the adoption of any such
resolution, be amended in accordance therewith. Bonds
authenticated and delivered after the adoption of any such
resolution may bear a notation as to any matter provided for in
such resolution. If the Council shall so determine, new Bonds
so modified as to conform to any such resolution may be
prepared and executed by the Town and authenticated and
delivered in exchange for Bonds outstanding.
SECTION 10.04. Partial Invalidity. If any one or more of
the covenants or agreements, or portions thereof, of this Bond
Resolution, on the part of the Town (or of the Agent) to be
performed, should be contrary to law, then such covenants or
agreements, or such portions, shall be null and void and shall
be deemed separable from the remaining covenants and
agreements, or portions thereof, and shall in no way affect the
validity of this Bond Resolution or of the Bonds; but the
registered owners of the Bonds shall retain all rights and
benefits accorded to them under the Bond Law and any other
applicable provisions of law. The Town hereby declares that it
would have adopted this Bond Resolution, and each and every
other section, paragraph, subdivision, sentence, clause and
phrase hereof, and would have authorized the issuance of the
3213001/52
36
Bonds pursuant hereto, irrespective of the fact that any one or
more sections, paragraphs, subdivisions, sentences, clauses or
phrase~ of this Bond Resolution, or the application thereof to
any person or circumstances, may be declared to be
unconstitutional, unenforceable or invalid.
SECTION 10.05. Repeal of Inconsistent Resolutions. Any
resolution of the Town, and any part of such resolution,
inconsistent with this Bond Resolution is repealed to the
extent of such inconsistency.
SECTION 10.06. Certified Copies. The Clerk shall provide
a certified copy of this Bond Resolution to the Auditor and the
Tax Collector of the County who shall take such action as shall
be necessary to assure compliance by the County with the terms
and conditions hereof. The Clerk shall also provide a
certified copy'of this Bond Resolution to the Treasurer and to
the Agent.
SECTION 10.07. Authority of Treasurer. All actions
mandated by this Bond Resolution to be performed by the
Treasurer may be performed by the designee thereof or such
other official of the Town, or independent contractor,
including the Agent, duly authorized by the Issuer to perform
such action or actions in furtherance of all or a specific
portion of the requirements hereof.
SECTION 10.08. Special Provisions Regardinq Series of
Bonds and Funds and Accounts. Within each Fund, Account and
Subaccount established pursuant to this Resolution there is
hereby established a subaccount for the Series 90-A Bonds and
each subsequent series of Bonds issued pursuant to Sections
2.03 and 10.01 hereof; provided, however, that such subaccounts
shall be for administrative convenience and for compliance with
certain Federal income tax requirements only and shall not
affect the parity relationship of the Series 90-A Bonds and any
such subsequent series of Bonds. By way of example and not
limitation, moneys in the Series 90-A Bonds Reserve Fund
Subaccount shall be available on the same basis to make
payments with respect to any subsequent series of Bonds and
moneys in the Reserve Fund Subaccount for any subsequent series
of Bonds shall be available on the same basis to make payments
with respect to the Series 90-A Bonds.
Moneys within the subaccounts created by the prior
paragraph may be commingled for investment or any other purpose
permitted by the Bond Law and may be held in a single account
provided that each subaccount is accounted for separately in
the records of the Agent and the Town.
3213001/52
37
SECTION 10.09. Desiqnation as Qualified Tax-Exempt
Obliqations. The Series 90-A Bonds are hereby designated as
"qualified tax-exempt obligations" within the meaning of
SectioA 265(b)(3) of the Code.
SECTION 10.10. Tax-Exempt Financings in 1990. The Council
hereby finds and determines that the aggregate face amount of
all tax-exempt obligations (other than private activity bonds)
issued by the Town (and all subordinate entities thereof)
during calendar year 1990 is not expected to exceed $10,000,000.
3213001/52
38
I hereby certify that the foregoing is a full, true and
correct copy of a resolution duly passed and adopted by the
Town Council of the Town of Danville, California, at a meeting
thereof held on the 5th day of June, 1990 by the following vote:
AYES, and in favor thereof, Councilmembers: GREENBERG, LANE,
RITCHEY, SCHLENDORF
NOES, Councilmembers: NONE
ABSENT, Councilmembers: NONE
ABSTAIN, Councilmember: SHI~NSK ~~
ATTEST:
APPROVED AS TO FORM:
CITY A~0RNEY ·
3213001/52
39
EXHIBIT A
PART 7 ASSESSMENT ROLL
ASSESSMENT DISTRICT NO. 89~1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO.
OWNER ASSESSMENT
1
2
3 1
3 2
3 3
3 4
3 5
3 6
3 7
3 8
3 9
4 1
4 2
4 3
4 4
4 5
4 6
4 7
4 8
4 9
4 10
4 11
4 12
4 13
4 14
4 15
4 16
4 - 17
4 18
4 - 19
4 - 20
4 - 21
4 - 22
4 - 23
4 - 24
4 - 25
4 - 26
4 - 27
4 - 28
4 29
4 - 30
RICHARD W. CROSS
ARTHUR F, LAWTON
FALCON GATE PART.
FALCON GATE PART.
FALCON GATE PART.
FALCON GATE PART.
FALCON GATE PART.
FALCON GATE PART.
FALCON GATE PART.
FALCON GATE PART.
FALCON GATE PART.
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
ASSESSOR 'S
PARCEL NO,
100,039.84 195-090-04
62,524.86 195-090-03
12,504.97 195-090-02 (PORTION)
12,504.97 195-090-02 (PORTION)
12,504.97 195-090-02 (PORTION)
12,504.97 195-090-02 (PORTION)
12,504.97 195-090-02 (PORTION)
12,504.97 195-090-02 (PORTION)
12,504.97 195-090-02 (PORTION)
12,504.97 195-090-02 (PORTION)
12,504.97 195-090-02 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504,97 202-050-37 (PORTION)
12,504.97 202-050-37 (pORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504,97 202-050-37 (PORTION)
12.504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 pORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
12,504.97 202-050-37 (PORTION)
ASSESSMENT 01STRICT NO. 89-1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO,
OWNER ASSESSMENT
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
4
31
32
33
34
- 35
36
37
- 38
- 39
- 40
41
42
- 43
44
45
46
47
48
49
50
51
52
53
55
56
57
58
59
60
61
62
63
64
65
C
D
E
F
G
H
I
J
P
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDENO BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12 504.97
12 504.97
12,504.97
12,504.97
12.504.97
12 504.97
12.504.97
12.504.97
12 504.97
12 504.97
12.504.91
12 504.97
12 504.97
12 504.97
12 504.97
12 504~97
12 504.97
12 504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.91
12,504.97
12,504.97
12,504.97
12,504.91
12,504.91
12,504.91
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
ASSESSOR 'S
PARCEL NO.
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202.050-37 (PORTION)
202-050-37 (PORTION)
202-050-37 (PORTION)
202.050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202.050-39 (PORTION)
202.050-39 (PORTION)
202.050-39 (PORTION)
202.050-39 (PORTION)
202.050-39 (PORTION)
202.050-39 0:K:)RTION)
202.050-39 (PORTION)
202.050-39 (PORTION)
202-050-39 (PORTION)
202.050-40 O:N3RTION)
202.05037 (PORTION)
202.050-37 (PORTION)
202.050-37 (PORTION)
202.050-37 (PORTION)
202.050-37 (PORTION)
202-050-37 (P<)RTION)
202-05037 (PORTION)
202.050-40 (PORTION)
ASSESSMENT DISTRICT NO. 89-1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO.
OWNER ASSESSMENT
4 Q
4 R
4 L
4 66
4 67
4 68
4 69
4 70
4 71
4 72
4 73
4 74
4 75
4 76
4 77
4 78
4 79
4 80
4 81
4 82
4 83
4 84
4 85
4 86
4 87
4 88
4 89
4 90
4 - 91
4 - 92
4 - 93
4 - 94
4 - 95
4 - 95
4 - 91
4 - 95
4 o
4 - 100
4 - 101
4 - 102
4 - 103
4 - 104
4 - 195
4 106
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND SAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND SAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND SAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIOEND BAY VIEW
DMOEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
ONIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
0.00
0.00
0.00
2,504.97
2,504,97
2,504.97
2,504.97
2,504.97
2,504.97
2,504.97
2,504.97
2,504.97
2,504.97
2,504.97
2,504.97
2,504.97
12,504.91
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.91
12,504.97
12,504.97
12,504.91
$ 12,504.97
$ 12,504.97
$ 13,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504,97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
ASSESSOR 'S
PARCEL NO.
202-050-37 (PORTION)
202-050-36,37 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050..39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202.050-39 (PORTION)
202-050-39 (PORTION)
202-050.39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
ASSESSMENT DISTRICT NO. 89-1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO.
OWNER ASSESSMENT
4 - 107
4 - 108
4 - 109
4 - 110
4 - 111
4 - 112
4 - 113
4 - 114
4 115
4 116
4 117
4 118
4 119
4 120
4 121
4 122
4 123
4 124
4 125
4 126
4 127
4 128
4 129
4 130
4 131
4 132
4 133
4 134
4 135
4 136
4 137
4 138
4 - 139
4 - 140
4 - 141
4 - 142
4 - ;143
4 144
4 145
4 - 140
4 - 147
4 - 148
4 - 149
4 150
4 - 151
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DMDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
ONIDEND BAY VIEW
DMDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DMDEND BAY VIEW
DMDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.91
ASSESSOR 'S
PARCEL NO.
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-05039 (PORTION)
202-050-39 (PORTION)
202-050-39 (R::)RTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-060-39 (IN:)RTION)
202-050-,t9 0:~)RTION)
202.050,19 O:~C)RTION)
202.4360.,19 OaORTION)
202050..,19 (I:N:)RTION)
2O2O6O-39 (I:N3RTION)
202-054k~ (I:N:)RTION)
202-060.39 0;N3RTION)
202-050-39 (!:N:)RTION)
202.050-39 (I:'ORTION)
202-05O-39 (FORTION)
202060-39 (I:N:)RTION)
2o2-050-38 (PORTION)
202-050-39 0:N:)RTION)
202-050-39 (FORTION)
ASSESSMENT DISTRICT NO. 89-1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO.
OWNER ASSESSMENT
4 152
4 153
4 154
4 - 155
4 - 156
4 - 157
4 - 158
4 - 159
4 - 160
4 161
4 162
4 - 163
4 - 164
4 - 165
4 - 166
4 - 187
4 - 168
4 - 169
4 - 170
4 - 171
4 172
4 - 173
4 174
4 175
4 - 176
4 177
4 178
4 179
4 180
4 181
4 182
4 - 183
4 184
4 -
4 o
4 - 187
4 - 188
4 -
4 - 19Q
4 -lll
4 -
4 - 1~3
4 - 194
4 - 1~
4 - 1~
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DNIDEND BAY VIEW
DMDEND BAY VIEW
DNIDEND BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.91
12,504.91
12,504.97
12,504.97
12,504.91
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
ASSESSOR 'S
PARCEL NO.
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 0:N:)RTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050.39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
ASSESSMENT DISTRICT NO, 89-1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO.
OWNER ASSESSMENT
4 197
4 198
4 199
4 - 200
4 - 201
4 - 202
4 - 203
4 - 204
4 - 205
4 - 206
4 - 207
4 208
4 - 209
4 - 210
4 - 211
4 - 212
4 213
4 - 214
4 - 215
4 - 216
4 - B
4 M
4 N
4 O
4 K
5 A
5 B
5 C
5 D
5 E
5 - F
5 - G
5 - H
5 - I
5 - J
5 - 1
5 - 2
5 3
5 4
5 - 5
5 7
5 8
5 9
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
DIVIDEND BAY VIEW
OIVIDENO BAY VIEW
DIVIDEND BAY VIEW
DNIDEND BAY VIEW
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DE,/.
DIABLO RANCH
CONCEPT II CONST.
DIABLO RANCH DE/.
DIABLO RANCH
DIABLO RANCH
MIDWAY
DIABLO RANCH
BRANAGH
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.91
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0o00
0,00
612,743.53
250,099.43
562,723.65
431,673.95
0.00
12,504.91
12,504.97
12,504.91
12,504.97
12,504.97
12,504.97
12,504.91
12,504.91
12,504.91
ASSESSOR 'S
PARCEL NO.
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050..39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-38 & 39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
202-050-39 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-010-02 (PORTION)
215-070432 (PORTION)
215-010-02 (PORTION)
215-070-02 (PORTION)
215-010.02 (PORTION)
215-010-02 (PORTION)
218-070.,02 (PORTION)
216.010-O2 (I:K:)RTION)
215-010-02 (FK:)RTION)
215-070-02 (PORTION)
215-010-02 (PORTION)
2154370-02 (PORTION)
215.070-02 (PORTION)
215-070-02 (PORTION)
215-070-O2 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
ASSESSMENT DISTRICT NO. 89-1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO.
ASSESSOR 'S
OWNER ASSESSMENT
5 10
5 11
5 12
5 13
5 14
5 15
5 16
5 17
5 18
5 - 19
5 - 20
5 - 21
5 22
5 33
5 24
5 25
5 26
5 27
5 28
5 29
5 30
5 31
5 32
5 33
5 34
5 35
5 36
5 37
5 38
5 39
5 - 40
5 - 41
5 - 42
5 - 40
5 44
5 45
5 46
5 41
5 48
5 - 49
5 - 50
5
5 52
5 53
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
BRANAGH DEV.
MIDWAY DEV.
COLE CONST.
DIABLO RANCH DEV.
BRANAGH DEV.
BRANAGH DEV.
CONCEPT II CONST.
DIABLO RANCH DEV.
CONCEPT II CONST.
DIABLO RANCH DEV.
MIDWAY DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
MIDWAY DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
OlABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
DIABLO RANCH DEV.
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
12,504.97
PARCEL NO.
215..070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215070-02 (PORTION)
215070-02 0N3RTION)
215-070-02 (PORTION)
215070-02 (FH3RTION)
215070432 0N3RTION)
215070-02 (FN3RTION)
215-07002 0:H3RTION)
215070-.02 0N3RTION)
215-070432 (F~)RTION)
21507002 0:N3RTION)
215-070-02 (PORTION)
2150704)2 0aORTION)
215070-02 (PORTION)
215-070-02 (PORTION)
ASSESSMENT DISTRICT NO, 89-1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO.
OWNER ASSESSMENT
5 54
5 55
5 56
5 57
5 58
5 59
5 60
5 61
5 62
5 63
5 64
5 65
5 66
5 67
5 68
5 69
5 70
5 71
5 72
5 73
5 74
5 75
5 76
5 71
5 78
5 79
5 80
5 81
5 82
5 83
5 84
5 85
5 86
5 - 81
5 - 88
5 - 89
5 '90
5 - 91
5 92
5 - K
5 - L
5 - M
5 - EB
8 - 1
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DiABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH OEV. $ 12,504.97
OIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
OIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.91
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.91
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.97
OIABLO RANCH DEV. $ 12,504.91
DIABLO RANCH DEV. S 12,504.91
DIABLO RANCH DEV. $ 12,504.91
DIABLO RANCH DEV. $ 12,504.97
DIABLO RANCH DEV. $ 12,504.91
DIABLO RANCH DEV. $ 0.00
DIABLO RANCH DEV. $ 225,089.46
DIABLO RANCH DEV. $ 0.00
E.B.M.U.D. $ 0.00
GOOD NEIGHBORS $ 12,504.97
ASSESSOR 'S
PARCEL NO.
215-070-02 (PORTION)
215-070~2 (PORTION)
215~70-02 (PORTION)
215~70~2 (PORTION)
215-070~2 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070~2 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
2154370-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-010-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-070-02 (PORTION)
215-010-02 (PORTION)
215-010-02 (PORTION)
2154)80-12 (PORTION)
2154380-12 (PORTION)
215-080-12 (F~)RTION)
215-080-11
1964)30-17 (PORTION)
ASSESSMENT DISTRICT NO. 89-1
TOWN OF DANVILLE
CONTRA COSTA COUNTY
CALIFORNIA
ASSESSMENT
PARCEL NO.
OWNER ASSESSMENT
6 2
6 3
6 4
6 5
6 6
6 A
6 B
GOOD NEIGHBORS
GOOD NEIGHBORS
GOOD NEIGHBORS
GOOD NEIGHBORS
GOOD NEIGHBORS
GOOD NEIGHBORS
GOOD NEIGHBORS
12.504.97
12,504.97
12,504.97
12,504.97
12,504.97
0.00
0,00
ASSESSOR 'S
PARCEL NO.
196-030-17 (PORTION)
196-030-17 (PORTION)
196-030-17 (PORTION)
196-030-17 (PORTION)
196-030-17 (PORTION)
196-030-17 (PORTION)
196-030-17 (PORTION)
EXHIBIT B
MATURITY SCHEDULE
TOWN OF DANVILLE
LIMITED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT NO. 89-1
SERIES 90-A
Maturity Date
(September 2)
1991
1992
1993
1994
1995
1996
1997
1998
1999
2000
2001
2002
2003
2004
2015
TOTALS
Principal
Amount
5,000
100,000
105,000
115,000
125,000
130,000
140,000
155,000
165,000
175,000
190,000
205,000
220,000
235,000
4,225,000
$6,290,000
3213001/52
B-1
EXHIBIT C
BOND FORM.
form:
The Bonds shall be substantially in the following
UNITED STATES OF AMERICA
STATE OF CALIFORNIA
COUNTY OF CONTRA COSTA
REGISTERED
NUMBER R-
$
INTEREST RATE
TOWN OF DANVILLE
LIMITED OBLIGATION IMPROVEMENT BONDS
ASSESSMENT DISTRICT NO. 89-1
SERIES 90-A
MATURITY DATE
BOND DATE
CUSIP NUMBER
REEGISTERED OWNER:
PRINCIPAL AMOUNT:
DOLLARS
Under and by virtue of the Improvement Bond Act of 1915,
Division 10 (commencing with Section 8500) of the California
Streets and Highways Code (the "Bond Law"), the Town of
Danville (the "Town"), in the County of Contra Costa, State of
California, will, out of the redemption fund for the payment of
the bonds issued upon the unpaid portion of the assessments
made for the acquisition, work and improvements more fully
described in proceedings taken pursuant to Resolution of
Intention No. 95-89, adopted by the Town Council of the Town on
the 6th day of July, 1989, pay to the registered owner stated
above, or registered assigns, on the maturity date stated
above, the principal amount stated above, in lawful money of
the United States of America, and in like manner will pay
interest from the interest payment date next preceding the date
on which this bond is authenticated and registered, unless this
bond is authenticated and registered as of an interest payment
date, in which event it shall bear interest from such interest
payment date, or unless this bond is authenticated and
registered prior to March 2, 1991, in which event it shall bear
3213001/52
C-1
interest from its date, until payment of such principal amount
shall have been discharged, at the rate per annum stated above,
payabl~ semiannually on March 2 and September 2 in each year,
commencing on March 2, 1991; provided, however, that if
interest is in default, this bond shall bear interest from the
last interest payment date to which interest has previously
been paid or made available for payment.
Both the principal hereof and redemption premium hereon,
and the installment of interest payable upon redemption, are
payable at the principal corporate trust office of Security
Pacific National Bank, Los Angeles, California, or its
successor, as fiscal agent of the Town (the "Agent"), upon
surrender of this bond at said office of the Agent. Interest
(other than the installment payable upon redemption) is payable
by check or draft mailed to the owner hereof at the owner's
address as it appears in the bond register maintained by the
Agent for the Town, or at such address as may have been filed
with the Agent for that purpose, as of the close of business of
the 15th day immediately preceding each interest payment date.
This bond will continue to bear interest after maturity at
the rate above stated, provided it is presented at maturity and
payment thereof is refused upon the sole ground that there are
not sufficient moneys in said redemption fund with which to pay
same. If it is not presented at maturity, interest hereon will
run only until maturity.
This bond is one of, and the series (designated Series
90-A) of which it is a part includes, several annual series of
bonds of like date, tenor and effect (except for such
differences as may be required to designate maturities,
interest rates and amounts), issued by the Town under the Bond
Law and a Resolution Providing for the Issuance of Bonds, and
any amendments thereto (the "Bond Resolution"), for the purpose
of providing means for paying a portion of the cost and
expenses of the acquisitions and improvements described in the
proceedings. The proceedings permit the issuance of one or
more other series of bonds of different date but of like tenor
and effect (except for such differences as may be required to
designate maturities, interest rates and amounts) for the
purpose of providing means for paying all of the cost and
expenses of said acquisitions and improvements. This bond, the
series of which it is a part, and the bonds of any such other
series will be secured by the moneys in said redemption fund
and by the unpaid portion of said assessments made for the
payment of said improvements, and, including principal and
interest, each is payable exclusively out of said fund.
This bond is transferable only upon said bond register,
upon surrender of this bond duly endorsed or accompanied by a
3213001/52
C-2
written instrument of transfer satisfactory to the Agent with
signatures authenticated by a commercial bank or trust company
or by ~ member firm of a registered national securities
exchange, executed by the registered owner hereof or by an
attorney therefor duly authorized in writing, at said office of
the Agent subject to the terms and conditions provided in the
Bond Resolution, including the payment of certain charges, if
any, and thereupon one or more new fully registered bonds of
like maturity and of authorized denominations, aggregating the
principal amount of this bond, will be issued in exchange
therefor. No transfer or exchange of this bond will be made
after the Town has notified the Agent of the selection of this
bond for redemption, nor shall any transfer or exchange of this
bond be required to be made between the 15th day next preceding
an interest payment date and such interest payment date, nor
between the date of the furnishing of a bondowner list by the
Agent to the Town and notification to the Agent of the bonds
selected for redemption.
Bonds shall be registered only in the name of an individual
(including joint owners), a corporation, a partnership or a
trust.
The Town and Agent may treat the registered owner hereof as
the absolute owner for all purposes and shall not be affected
by any notice to the contrary.
This bond or any portion of it in the amount of five
thousand dollars ($5,000), or any integral multiple thereof,
may be redeemed and paid in advance of maturity upon the second
day of March or September in any year by giving at least 30
days' notice by registered or certified mail or by personal
service to the registered owner hereof at the owner's address
as it appears in said bond register, or at such address as may
have been filed with the Agent for that purpose, and by paying
the principal amount to be redeemed and accrued interest
together with a premium equal to three (3) percentum of such
principal, unless sooner surrendered, in which event interest
will be paid to the date of payment.
Series 90-A Bonds maturing on September 2, 2015 are also
subject to mandatory advance redemption on each September 2,
commencing September 2, 2005, by lot, at a redemption price
equal to the principal amount to be redeemed, together with
accrued interest to the date of redemption, without premium, in
accordance with the following schedule and in the following
amounts:
3213001/52
C-3
Year
Amount to be Redeemed
2005 $260,000
2006 280,000
2007 300,000
2008 320,000
2009 350,000
2010 375,000
2011 400,000
2012 430,000
2013 470,000
2014 500,000
2015 (Maturity) 540,000
In the event of a partial redemption of the term bonds other
than pursuant to the foregoing mandatory sinking fund
redemption, the foregoing sinking fund payments shall be
reduced on a proportionate basis.
This bond is not subject to refunding pursuant to the
procedures of Division 11 (commencing with Section 9000) or
Division 11.5 (commencing with Section 9500) of the California
Streets and Highways Code prior to September 2, 1995.
This bond shall not be entitled to any benefit under the
Bond Law or the Bond Resolution, or become valid or obligatory
for any purpose, until the certificate of authentication and
registration hereon shall have been dated and signed by the
Agent.
3213001/52
C-4
IN WITNESS WHEREOF, the Town of Danville has caused this
bond t~ be signed in facsimile by the Treasurer of the Town and
by its Clerk, and has caused its corporate seal to be
reproduced in facsimile hereon, all as of the day of
, 1990.
TOWN OF DANVILLE
(facsimile)
(facsimile)
Clerk
Treasurer
(facsimile seal)
CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond is one of the bonds described in the within
mentioned Bond Resolution.
Authenticated and registered on:
SECURITY PACIFIC NATIONAL
BANK, as Fiscal Agent
By
Authorized Signature
ABBREVIATIONS
The following abbreviations, when used in the inscription
on the face of this bond, shall be construed as though they
were written out in full according to applicable laws or
regulations:
3213001/52
C-5
TEN COM - as tenants in common
TEN EN~ - as tenants by the entireties
JT TEN - as joint tenants with right
of survivorship and not as
tenants in common
UNIF TRAN MIN ACT - . ............. Custodian ..............
(Cust)
(Minor)
under Uniform Transfers to Minors Act
(State)
Additional abbreviations may be used although not in the
above list,
3213001/52
C-6
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned do(es) hereby sell,
assign and transfer unto
(Print or typewrite name, address and social
security or other tax identification number of assignee)
the within bond and all rights thereunder, and hereby
irrevocably constitute(s) and appoint(s)
attorney,
to transfer the same on the bond register maintained by the
Fiscal Agent with full power of substitution in the premises.
Dated:
Note: Signature(s) must correspond
exactly to name(s) on face hereof.
When assignment is made by a guardian,
trustee, executor or administrator, an
officer of a corporation, or anyone in
a representative capacity, proof of
such person's authority to act must
accompany this assignment.
Signature Guaranty:
Note: The signature(s) to the Assignment
must be guaranteed by a member firm of a
registered national securities exchange or
a commercial bank or trust company.
I hereby certify that the following is a correct copy of
the signed legal opinion of Brown & Wood, San Francisco,
California.
Clerk
3213001/52
C-7