RESOLUTION R2023-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, APPROVING AGREEMENT TO ACQUIRE PUBLIC IMPROVEMENTS FINANCED BY CITY OF MANTECA COMMUNITY FACILITIES DISTRICT NO. 2023-1 (VILLA TICINO WEST FACILITIES) WHEREAS, on June 20, 2023, the City Council (the “City Council”) of the City of Manteca (the “City”) adopted Resolution R2023-81 (the “Resolution of Formation”), wherein it established a community facilities district under and pursuant to the terms and provisions of the “Mello-Roos Community Facilities Act of 1982,” being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Act”), to be known as the “City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities)” (the “CFD”), designated therein “Improvement Area No. 1 of the City of Manteca Community Facilities District No. 2023-1 (Villa Ticino West Facilities)” (“Improvement Area No. 1”), and established a future annexation area for the CFD (the “Future Annexation Area”); and WHEREAS, the facilities to be financed through the CFD are set forth in the Resolution of Formation in an exhibit attached thereto and hereby made a part hereof; and WHEREAS, in accordance with the Resolution of Formation and the Act, the City desires to acquire certain facilities from the developer of the project being undertaken in the CFD, and to enter into an agreement for such purpose; 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:
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. As a part of the proceedings for the CFD, this City Council hereby approves a Funding, Construction and Acquisition Agreement (the “Agreement”) by and between the City and JEN California 23, LLC, the form of which is attached hereto. The purpose of the Agreement is to provide for the financing of the acquisition and/or construction of certain public facilities relating to the development of property in the CFD, the issuance and sale of bonds for the CFD, and the terms of reimbursement to owners of land within the CFD.
3. The City Council hereby approves the Agreement in the form presented to the City Council at this meeting. The Mayor, the Finance Director, the City Manager, the City Attorney or such other person or persons as any one of them may designate (collectively, the “Authorized Officers”), are each hereby authorized and directed to execute the Agreement and the City Clerk is hereby authorized to attest its execution, for and in the name and on behalf of the City and the CFD, in such form, together with any additions thereto or changes therein deemed necessary or advisable by the Authorized Officer.
4. This Resolution shall take effect immediately upon 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 3rd day of October, 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR:
GARY SINGH
Mayor
ATTEST:
CASSANDRA CANDINI-TILTON
City Clerk
R2023-XX Page 2 of 2 October 3, 2023
R2023-__ Page 1 of 7 April 4, 2023
ATTACHMENT 2