RESOLUTION R2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, DECLARING ELECTION RESULTS OF 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. 2023-1 (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, under the provisions of the Resolution of Formation and the Resolution of Necessity, and pursuant to a resolution titled “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)” (the “Resolution Calling Election”) heretofore adopted by the City Council, the propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness were submitted to the qualified electors of the CFD as required by the provisions of the Act; and WHEREAS, pursuant to the terms of the Resolution Calling Election, which are by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election (the “Canvass”), a copy of which is attached hereto as Exhibit “A”; and WHEREAS, the City Council has reviewed the Canvass, finds it appropriate and wishes to complete its proceedings for the CFD; 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.
2. The issues presented at the special election were the levy of a special tax within the CFD, the incurring of a 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, all pursuant to the Resolution of Formation and the Resolution of Necessity.
3. The City Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the CFD and Improvement Area No. 1. Pursuant to the Canvass, the issues presented at the special election were approved by the qualified electors of the Improvement Area No. 1 by more than two-thirds (2/3) of the votes cast at the special election.
4. Pursuant to the voter approval, the CFD and Improvement Area No. 1 are hereby declared to be fully formed with the authority to levy the special taxes, to incur the approved bonded indebtedness and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by the City Council with respect to the CFD and Improvement Area No. 1 were valid and in conformity with the Act.
5. The City Council declares that the special tax is lawfully authorized, and that the subject property within Improvement Area No. 1 is subject to the special tax, and directs the City Clerk to complete, execute and cause a Notice of Special Tax Lien with respect to the property to be recorded in the office of the County Recorder of the County of San Joaquin in the form required by the Act, such recording to occur no later than 15 days following adoption by the City Council of this resolution.
6. 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”
CANVASS AND STATEMENT OF RESULTS OF ELECTION
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(VILLA TICINO WEST FACILITIES)
I, the undersigned City Clerk of the City of Manteca (the “City”) hereby certify:
I have personally received and assembled all ballots eligible to be cast in the special mailed-ballot, landowner election called by the City Council in its “A 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)” adopted June 20, 2023, and in accordance with my instructions contained in that Resolution, I hereby declare the election closed.
I personally, in the presence of the City Council, and members of the public and City staff, counted the ballots and certify the result of that count to be as follows:
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? QUALIFIED LANDOWNER VOTES _____
TOTAL VOTES CAST “YES” _____
TOTAL VOTES CAST “NO” _____
TOTAL VOTES CAST _____
Exhibit “A”
THE VOTES CAST “YES” EQUAL ______% OF THE TOTAL VOTES CAST.
I make this Certification on June 20, 2023.
CASSANDRA CANDINI-TILTON, City Clerk
R2023-XX Page 1 of 3 June 20, 2023
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