RESOLUTION R2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, CALLING SPECIAL ELECTION IN AND FOR CITY OF MANTECA COMMUNITY FACILITIES DISTRICT NO. 2023-1 (VILLA TICINO WEST FACILITIES) WHEREAS, the City Council (the “City Council”) of the City of Manteca (the “City”) on June 20, 2023, adopted “Resolution of the City Council of the City of Manteca to Form City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities), Designate Improvement Area No. 1 Therein and Establish a Future Annexation Area, and to Authorize the Levy of Special Taxes Therein to Finance the Acquisition and Construction of Certain Public Facilities” (the “Resolution of Formation”), to (i) form “City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities) (the “CFD”), (ii) designate therein “Improvement Area No. 1 of the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities)” (“Improvement Area No. 1”), (iii) establish “City of Manteca Community Facilities District No. 20231 (Villa Ticino West Facilities) (Future Annexation Area)” (the “Future Annexation Area”), (iv) authorize the levy of a special tax on property within Improvement Area No. 1, and (v) preliminarily establish an appropriations limit for Improvement Area No. 1, all pursuant to the Mello-Roos Community Facilities Act of 1982, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”); and WHEREAS, the City Council has also adopted on June 20, 2023, a resolution titled “Resolution of the City Council of the City of Manteca, State of California, Deeming It Necessary to Incur Bonded Indebtedness in and for City of Manteca Community Facilities District No. 20231 (Villa Ticino West Facilities) in an Amount Not to Exceed $24,000,000 to Finance the Acquisition and Construction of Certain Public Facilities” (the “Resolution of Necessity”), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $24,000,000, initially allocated as follows: (i) $6,500,000 for Improvement Area No. 1 upon the security of the special tax to be levied within Improvement Area No. 1 pursuant to the Act, and (ii) $17,500,000 for the portion of the CFD that is not currently in Improvement Area No. 1 upon the security of the special tax to be levied within such area pursuant to the Act; and WHEREAS, pursuant to the provisions of the Resolution of Formation and the Resolution of Necessity, the propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of Improvement Area No. 1 as required by the provisions of the Act; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MANTECA, AS FOLLOWS:
1. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of Improvement Area No. 1, at an election called therefor as provided below.
2. The City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of Improvement Area No. 1 for each of the 90 days preceding the close of the public hearings heretofore conducted and concluded by the City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the City Council finds that, for these proceedings, the qualified electors are the landowners within Improvement Area No. 1 and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in Improvement Area No. 1 as of the close of the public hearings.
3. The City Council hereby calls a special election to consider the measures described in Section 1 above, which election shall be held on June 20, 2023, and the results thereof canvassed at the meeting of the City Council on June 20, 2023. The City Clerk is hereby designated as the official to conduct the election and to receive all ballots until 6:00 p.m. on the election date. It is hereby acknowledged that the City Clerk has on file the Resolution of Formation, a certified map of the boundaries of the CFD and Improvement Area No. 1, and a sufficient description to allow the City Clerk to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code. The City Council hereby finds that paragraphs (a), (b), and (c) (1) of Section 4000 and Section 4108 are applicable to this special election, except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date of the election.
4. As authorized by Section 53353.5 of the Act, the three propositions described in Section 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit “A” and by this reference incorporated herein and the form of ballot is hereby approved. The City Clerk is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit “A”, to be delivered to each of the qualified electors of Improvement Area No. 1. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot.
5. The City Council hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of Improvement Area No. 1. There is on file with the City Clerk a written waiver executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and Improvement Area No. 1 and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, the City Council finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings. The City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.
6. The City Council hereby finds that the proposed debt issuance constitutes a “local bond measure” within the meaning of Sections 53410, et seq. of the California Government Code. As a result, the bond measure shall include the propositions set forth above and the following: (a) the specific purpose of the bonds shall be as set forth in the propositions; (b) any proceeds received from the sale of any bonds shall be applied only to the purposes set forth in the propositions; (c) the proceeds of any bonds shall be deposited into special accounts to be created therefor as part of the issuance of the bonds; and (d) the City shall cause a report to be prepared annually under Section 53411 of the Government Code.
7. Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the provision and/or acquisition of the Facilities, the payment of debt service on the bonds and other debt and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual audit and report of the CFD.
8. 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 20th day of June, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR:
GARY SINGH
Mayor
ATTEST:
CASSANDRA CANDINI-TILTON
City Clerk
EXHIBIT “A”
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(VILLA TICINO WEST FACILITIES)
SPECIAL ELECTION BALLOT
(Mailed-Ballot Election)
Improvement Area No. 1
This ballot is for a special, landowner election for the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities). You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City no later than the hour of 6:00 p.m. on June 20, 2023, either by mail or in person. The City Clerk’s office is located at 1001 W. Center Street, Manteca, California 95337.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO.” All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.
The estimated amount of money to be raised annually by this measure is $401,135 for fiscal year 2023-24, assuming full build-out, and escalating at 2% annually thereafter, for the duration of Improvement Area No. 1 of the CFD as set forth in the rate and method of apportionment of special taxes for Improvement Area No. 1.
BALLOT MEASURE: Shall the measure pursuant to which (i) the City of Manteca will levy a special tax solely on lands within Improvement Area No. 1 of the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities) (“Improvement Area No. 1”) in accordance with the rate and method contained in the Resolution of Formation related to Improvement Area No. 1 adopted on June 20, 2023 (“Resolution of Formation”), authorized to commence being levied in fiscal year 2023-24, to pay for the public facilities specified in the Resolution of Formation and to pay the administrative costs of the City, (ii) the annual appropriations limit for Improvement Area No. 1 will be established in the amount of $6,500,000, and (iii) the City will issue bonds and incur other debt (“bonds”) for Improvement Area No. 1 up to the maximum aggregate principal amount of $6,500,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of each series of such bonds on behalf of Improvement Area No. 1, the proceeds of which bonds will be used to acquire and/or construct certain facilities and pay for the costs of issuing the bonds and related expenses, be adopted? Yes: __________
No: __________
By execution in the space provided below, you also indicate your waiver of (i) the time limit pertaining to the conduct of the election, (ii) any requirement for analysis and arguments with respect to the ballot measure, and (iii) any irregularity in the proceedings that may be claimed as a result of the this vote or the application of such waivers.
APN(s): _________
Total Acreage: _______
Number of votes: ______
[Owner signature]
R2023-XX Page 4 of 6 June 20, 2023
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