EXHIBIT C
FORM OF
NOTICE OF PUBLIC HEARING
NOTICE is hereby given that on Tuesday, June 20, 2023, at 6:00 p.m., or as soon thereafter as the matter may be heard, the City Council of the City of Manteca will hold a Public Hearing at the Manteca City Hall, located at 1001 W. Center Street, Manteca, California, to consider the following:
PROPOSED FORMATION OF CITY OF MANTECA COMMUNITY FACILITIES DISTRICT NO. 2023-1 (VILLA TICINO WEST FACILITIES), IMPROVEMENT AREA NO. 1 AND FUTURE ANNEXATION AREA The purpose of this public hearing is: The City of Manteca is considering the formation of a community facilities district (the “CFD”), the designation of Improvement Area No. 1 of the CFD (“Improvement Area No. 1”) and the establishment of a future annexation area for the CFD (the “Future Annexation Area”) under the authority of the Mello-Roos Community Facilities District Act of 1982, as amended, to fund certain public facilities related to new development within the City of Manteca.
This Notice contains a brief summary of the proposal, but you are referred to the City Council's resolution “A Resolution of Intention of the City Council of the City of Manteca to Form Community Facilities District No. 2023-1 (Villa Ticino West Facilities), Designate an Initial Improvement Area Therein and Establish a Future Annexation Area, and to Levy Special Taxes Therein to Finance the Acquisition and Construction of Certain Public Facilities in and for Such Community Facilities District” adopted May 16, 2023 and its resolution “A Resolution of the City Council of the City of Manteca, State of California, Declaring Its Intention to Incur a Bonded Indebtedness in and for City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities) in an amount not to exceed $24,000,000 to Finance the Acquisition and Construction of Certain Public Facilities” adopted May 16, 2023 for the definitive description of the proposal.
The proposal is to subject the property within the CFD, initially consisting solely of Improvement Area No. 1, to a special tax which will be used to pay for facilities of benefit to land within the CFD, including paying principal and interest on bonds used to construct and acquire facilities, and will expire when the bonds are retired and all eligible facilities are financed. The proceeds of the bonds will be used to pay for the facilities and other expenses set forth in the resolutions referred to in the preceding paragraph. A map showing the land proposed to be included in the CFD, Improvement Area No. 1 and the Future Annexation Area is on file with the City Clerk.
As set forth above, the City Council will hold a public hearing on the establishment of the CFD, the designation of Improvement Area No. 1, the establishment of the Future Annexation Area, the extent of the facilities to be financed by the CFD, and the levy of the special tax within the CFD.
The proposal also includes authority to issue bonds and other debt (as defined in the Act) in a maximum principal amount of $24,000,000, initially allocated as follows: (i) for Improvement Area No. 1, $6,500,000, and (ii) for the portion of the CFD that is not in Improvement Area No. 1, $17,500,000, to be repaid by the special tax as described in the resolutions. Neither the City of Manteca nor any person outside the applicable improvement area of the CFD has any liability for the special tax or the bonds. The security for the bonds is limited to the property subject to the special tax within the applicable improvement area of the CFD.
In order to confer the authority upon the Manteca City Council to levy the special tax and to issue the bonds, a public hearing must be held on the proposal, then the City Council will decide whether to form the CFD, designate Improvement Area No. 1 of the CFD, establish the Future Annexation Area for the CFD, and finally the qualified electors within Improvement Area No. 1 must approve the proposal by a twothirds vote. Where land within an improvement area is uninhabited (as is the case here) the qualified electors are, pursuant to law, the owners of property within the improvement area of the CFD.
Parcels within the Future Annexation Area shall be annexed to the CFD only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without any requirement for further public hearings or additional proceedings.
The land in the CFD is undeveloped and voting will be by the owners of land in the CFD. If written protests against the proposed CFD are delivered to the City Council at or before the time set for the hearing by either registered voters residing within, or the owners of property within, the proposed CFD, they will be counted toward a possible majority protest. Such protests by a majority of the registered voters residing within the CFD or by the owners of a majority of the land area within the CFD which is or will be subject to the special tax, if not withdrawn prior to the close of the hearing so as to reduce the value of the protests to less than a majority, will require the proposed CFD to be eliminated from immediate consideration, and prevent its being included in a subsequent proceedings for at least one year.
If written protests against the establishment of the proposed Future Annexation Area are delivered to the City Council at or before the time set for the hearing by either registered voters residing within, or the owners of property within, the proposed Future Annexation Area, they will be counted toward a possible majority protest. Such protests by a majority of the registered voters residing within the proposed Future Annexation Area or by the owners of a majority of the land area within the proposed Future Annexation Area which is or will be subject to the special tax when annexed to the CFD, if not withdrawn prior to the close of the hearing so as to reduce the value of the protests to less than a majority, the City Council shall take no further action to create the Future Annexation Area for a period of one year from the date of decision of the City Council.
The City of Manteca encourages interested parties to attend public meetings and comment on the issues being discussed. If you wish to provide testimony and are unable to attend the meeting, written comments that are delivered to the City Clerk’s office prior to the time of the hearing will be made a part of the public record. Questions regarding this matter should be directed to the City of Manteca Finance Department at (209) 456-8730. _________________________________________________________
NOTICE REGARDING CHALLENGES TO DECISIONS
Pursuant to all applicable laws and regulations, including without limitation, California Government Code Section 65009 and/or California Public Resources Code Section 21177, if you wish to challenge in court any of the above decisions (regarding planning, zoning and/or environmental decisions), you may be limited to raising only those issues you or someone else raised at the public hearing(s) described in this notice/agenda, or in written correspondence delivered to the city at, or prior to, this public hearing.
ADA COMPLIANCE STATEMENT
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk’s Department at (209) 456-8000. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
Printed in the [newspaper] on ___________, 2023
C-1
ATTACHMENT 4
Exhibit “C”