RESOLUTION NO. 2022-XX
RESOLUTION OF INTENT TO PARTICIPATE IN THE PROPOSED MOSSDALE TRACT ENHANCED INFRASTRUCTURE FINANCING DISTRICT AND NEWLY FORMED PUBLIC FINANCING AUTHORITY WHEREAS, on January 13, 2022, the City Council of the City of Lathrop (Lathrop City Council) approved Resolution No. _________, which is attached to this Resolution as Exhibit “A” (Lathrop Resolution) and incorporated herein as if set forth in full; and WHEREAS, pursuant to Chapter 2.99 of Part 1 of Division 2 of Title 5 of the California Government Code (commencing with section 53398.50) (EIFD Law), the Lathrop Resolution authorized the initiation of a process to establish an Enhanced Infrastructure Financing District (EIFD) with a proposed name of the “Mossdale Tract Enhanced Infrastructure Financing District” (Mossdale EIFD); and WHEREAS, in accordance with section 53398.54 of EIFD Law, the City of Manteca (City) has complied with the prerequisites prior to initiating the creation of, or participating in, the governance of the proposed Mossdale EIFD and will provide the required certification to the Department of Finance in accordance with EIFD Law; and WHEREAS, the proposed boundaries of the Mossdale EIFD are identified on a map of the Mossdale EIFD on file in the Office of the City Clerk of the City of Lathrop entitled “Proposed Boundaries of the Mossdale EIFD,” a copy of which is attached to this Resolution as Exhibit “B;” and WHEREAS, the proposed Mossdale EIFD will be used to finance certain public flood control facilities including, but not limited to, public flood risk reduction infrastructure within the proposed boundaries of the Mossdale EIFD; and WHEREAS, the Lathrop Resolution also established a Public Financing Authority (PFA) to serve as the governing body of the proposed Mossdale EIFD, which will also be responsible for implementing the Infrastructure Financing Plan (IFP) required under EIFD Law; and WHEREAS, as stated in the Lathrop Resolution, it is proposed that the City participate with the City of Lathrop in the proposed Mossdale EIFD as a taxing entity; and WHEREAS, the IFP must be approved by the Manteca City Council (City Council) before the City may be considered a participating taxing entity in the proposed Mossdale EIFD or any incremental tax revenue from the City may be used by the proposed Mossdale EIFD; and WHEREAS, it is anticipated that the participating taxing entities for the proposed Mossdale EIFD shall be the County of San Joaquin, the City of Manteca, City of Lathrop, and the City of Stockton, as participating taxing entities (collectively, the Participating Entities); and WHEREAS, the City Council has considered all information related to this matter, as presented at the public meetings of the City Council identified herein, including any supporting reports by City Staff, and any information provided during public meetings.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
The City Council hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the City Council’s adoption of this Resolution.
Intention to Participate. The City Council intends that the City of Manteca will participate in the proposed Mossdale EIFD as described in the Lathrop Resolution as a taxing entity if the City Council approves the IFP at a later date.
Appointment of City PFA Members. Pursuant to Government Code section 53398.51.1, the City Council hereby appoints the following two City Council members, who also serve on the board of the San Joaquin Area Flood Control Agency (SJAFCA), to serve on the governing board of the Public Financing Authority:
Gary Singh
Charlie Halford
Approval of Public Membership Appointments and Membership Appointment Structure. In compliance with the requirements of the EIFD Law, the City Council approves the appointment of the following PFA public membership (subject to approval by the legislative bodies of the Participating Entities) and the legislative body membership appointment structure of the PFA:
Mike Morowit
Steve Dresser
Distribution of Materials and Notices. In accordance with, and in the manner authorized by EIFD Law, the City Council hereby authorizes City staff, and requests the assistance of City of Lathrop staff, San Joaquin County staff, and SJAFCA staff, to distribute, mail, post, and provide any and all necessary materials and notices related to the formation of the proposed Mossdale EIFD. The Clerk of the City Council is hereby authorized to provide any assistance to the PFA to cause notice of the public hearings to be given in the manner and at the times and to have the notices contain the information required by EIFD Law. The Clerk of the City Council is further hereby directed to assist the clerk of any of the other Participating Entities in any manner reasonably necessary to give effect to or carry out the intent of this section.
Severability. If any section, subsection, phrase, or clause of this Resolution is for any reason found to be invalid, such section, subsection, phrase, or clause shall be severed from, and shall not affect the validity of, all remaining portions of this Resolution that can be given effect without the severed portion.
General Authorization. The Clerk of the City Council and all other officers and agents of the City are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution. Any actions heretofore taken by said officers and agents, on behalf of the City, that are in conformity with the purposes and intent of this Resolution and with the provisions of EIFD Law with respect to the proposed Mossdale EIFD, are hereby approved and confirmed.
This Resolution shall take effect immediately upon its adoption.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council of the City of Manteca at a public meeting of said City Council held on the 18th day of January, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: ____________________________
BENJAMIN CANTU
Mayor
ATTEST: ____________________________
OLIVIA NASHED
Acting City Clerk
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