R2022-__ Page 1 of 4 November 1, 2022
RESOLUTION R2022-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE
OF CALIFORNIA, ESTABLISHING THE FORMATION OF A COMMUNITY
FACILITIES DISTRICT AND FUTURE ANNEXATION AREA
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
WHEREAS, on September 20, 2022, this City Council (the “City Council”) of the City of Manteca (the “City”) adopted Resolution No. R2022-166 entitled “A Resolution of the City Council of the City of Manteca, State of California, Declaring its Intention to Establish a Community Facilities District and Future Annexation Area and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”), stating its intention to form the City of Manteca, Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (the “District”) and City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (Future Annexation Area) (the “Future Annexation Area”), of the City pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the District and Future Annexation Area and stating the services to be provided, the estimated cost of providing such services, and the rate and method of apportionment of the special tax to be levied within the District to pay for the services, is on file with the City Clerk and the provisions thereof are incorporated herein by this reference as if fully set forth herein; and WHEREAS, under the Resolution of Intention, the Director of Public Works was directed to make, or cause to be made, and file with the City Clerk a report (the “Report”) in writing, presenting the services to be provided and an estimate of the reasonable cost of providing the services. The Report was prepared and submitted to the City Clerk prior to the public hearing described below; and WHEREAS, the Resolution of Intention called for a public hearing pertaining to the formation of the District and Future Annexation Area and the levy of said special tax to be held on November 1, 2022, at 7:00 p.m., or as soon thereafter as the matter may be heard, at the meeting place of the City Council; and
WHEREAS, under the Resolution of Intention, the City Clerk was directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District, and the City Clerk caused the publication of such notice at least seven (7) days before the date set for said public hearing; and
WHEREAS, on November 1, 2022, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the District; and WHEREAS, at the public hearing all interested persons desiring to be heard on all matters pertaining to the formation of the District and Future Annexation Area, the services to be provided therein and the levy of such special tax were heard and a full and fair public hearing was held; and ATTACHMENT 3
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WHEREAS, written protests with respect to the formation of the District and Future Annexation Area, the furnishing of specified types of services and the rate and method of apportionment of the special taxes have not been filed with the City Clerk by fifty percent (50%) or more of the registered voters residing within the territory of the District or property owners of one-half (1/2) or more of the area of land within the District and not exempt from the proposed special taxes; and WHEREAS, the special tax proposed to be levied in the District to pay for the proposed services has not been eliminated by protest by fifty percent (50%) or more of the registered voters residing within the territory of the District or the owners of one-half (1/2) or more of the area of land within the District and not exempt from the special taxes.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Manteca, as follows:
1. 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.
2. The proposed special tax to be levied within the District has not been precluded by majority protest pursuant to Section 53324 of the Act.
3. All prior proceedings taken by the City Council in connection with the establishment of the District and Future Annexation Area and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the requirements of the Act. The City Council has heretofore adopted Local Goals and Policies for Community Facilities Districts, and the City Council hereby finds and determines that the District is in conformity with said goals and policies.
4. The community facilities district designated as the “City of Manteca, Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services)” and the future annexation area designated as the “City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (Future Annexation Area)” (the “Future Annexation Area”) of the City is hereby established pursuant to the Act.
5. The District Report is hereby approved.
6. The boundaries of the District and Future Annexation Area, as set forth in the map entitled "Proposed Boundaries of City of Manteca, Community Facilities District No. 2022- 1 (Manteca Public Safety, Maintenance & Services) and Future Annexation Area, City of Manteca, County of San Joaquin, State of California" heretofore recorded in the San Joaquin County Recorder’s Office on October 3, 2022, in Book 7 at Page 50 as Document No. 2022-114803 of Maps of Assessment and Community Facilities Districts, are hereby approved, are incorporated herein by reference, and shall be the boundaries of the District and Future Annexation Area.
Parcels within the Future Annexation Area shall be annexed to the District only with the unanimous approval (each, a "Unanimous Approval") of the owner or owners of each ATTACHMENT 3
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parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
7. The type of public services proposed to be funded by the District and Future Annexation Area and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the “Services”). It is hereby found and determined that the Services are necessary to meet the increased demands as the result of development occurring in the District and Future Annexation Area.
8. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the District pursuant to the Rate and Method of Apportionment, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as the City Council or its designee shall determine, including direct billing of the affected landowners.
9. The Rate and Method of Apportionment of the special tax among the parcels of real property within the District, in sufficient detail to allow each landowner within the District to estimate the maximum amount such owner will have to pay, is shown in Exhibit B attached hereto and hereby incorporated herein.
10. Territory in the Future Annexation Area will be annexed into the District and a special tax will be levied on such territory only with the Unanimous Approval of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed into the District. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the Future Annexation Area, is intended to be levied annually within the Future Annexation Area, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this City Council. The City Council hereby determines that the special tax proposed to pay for Services to be supplied within the Future Annexation Area shall be equal to any special tax levied to pay for the same Services in the District, except that a higher or lower tax may be levied within the Future Annexation Area to the extent that the actual cost of providing the Services in the Future Annexation Area is higher or lower than the cost of providing those Services in the District. In so finding, the City Council does not intend to limit its ability to levy a special tax within the Future Annexation Area to provide new or additional services beyond those supplied within the District.
11. The Finance Director of the City, 1001 W. Center Street, City of Manteca, California, 95337, telephone number (209) 456-8772, is the officer of the City who will be responsible for preparing annually a current roll of the levy of the special tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the special tax.
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12. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all nonexempt real property in the District and this lien shall continue in force and effect until the collection of the special tax by the City ceases.
13. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the District is hereby preliminarily established at an amount equal to the proceeds of the special tax collected annually and such appropriations limit shall be submitted to the voters of the District as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the California Constitution.
14. Pursuant to the provisions of the Act, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election, the time, place and conditions of which election shall be as specified by a separate resolution of this City Council.
15. 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 1st day of November 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: ________________________
BENJAMIN J. CANTU
Mayor
ATTEST: ________________________
CASSANDRA CANDINI-TILTON
City Clerk
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