RESOLUTION R2024-XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, CALIFORNIA, DECLARING ITS INTENTION TO ADD TERRITORY AS A FUTURE ANNEXATION AREA OF A COMMUNITY FACILITIES DISTRICT
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
Addition of Territory as Future Annexation Area
RESOLVED by the City Council of the City of Manteca (the “City”), County of San Joaquin, State of California, that:
WHEREAS, this City Council has conducted proceedings to establish Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (the “CFD”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the "Act"), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code; and WHEREAS, under the Act, this City Council, as the legislative body for the CFD, is empowered with the authority to add territory as a Future Annexation Area of the CFD, and now desires to undertake proceedings to add territory as a Future Annexation Area of the CFD; 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, the City Council of the City of Manteca, does hereby resolve 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. This City Council hereby finds and determines that public convenience and necessity require that territory be added as a Future Annexation Area of the CFD.
3. The name of the existing CFD is “City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services).” The territory originally included in the existing CFD and Future Annexation Area is set forth in the map of the CFD and Future Annexation Area heretofore recorded in the San Joaquin County Recorder’s Office at Book 7 of Maps of Assessment and Community Facilities Districts at Page 50, to which map reference is hereby made.
The territory now proposed to be added as a Future Annexation Area of the CFD is as shown on the Map Adding Territory to Future Annexation Area, on file with the City Clerk, the boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to cause to be recorded such map, showing the territory to be added as a Future Annexation Area, in the office of the County Recorder of the County of San Joaquin within 15 days of the date of adoption of this resolution.
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.
4. The types of public services financed by the CFD and pursuant to the Act consist of those municipal services (the “Services”) as described in Exhibit B to the Resolution 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 Therein" adopted by the City Council as on September 20, 2022 (the “Resolution of Intention”). It is presently intended that the Services will be provided, without preference or priority, to the existing territory in the CFD and the territory proposed to be added as a Future Annexation Area of the CFD.
5. Except to the extent that funds are otherwise available to the CFD to pay for the Services, a special tax sufficient to pay the costs thereof is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes.
The special tax proposed to be levied for the Services to be supplied within the territory proposed to be annexed in the future from the Future Annexation Area will be equal to the special taxes levied to pay for the same Services in the CFD, except that a higher or lower tax may be levied within the territory proposed to be annexed in the future from the Future Annexation Area to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the CFD.
Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied within each Tax Zone, pursuant to the rate and method of apportionment of the special tax, as supplemented with each additional Tax Zone. A special tax shall be levied in the Future Annexation Area 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, without any requirement for further public hearings or additional proceedings.
6. Tuesday, February 20, 2024, at 6:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City Council in the Council Chambers, 1001 W. Center Street, Manteca, CA 95336, be, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution.
7. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper of general circulation in the area of the CFD, including the area to be added as a Future Annexation Area to the CFD. The publication of said notice shall be completed at least 7 days before the date herein set for said hearing. The City Clerk may also cause a copy of such notice and a copy of this Resolution to be mailed to each landowner within the territory proposed to be added as the Future Annexation Area, which notice and resolution shall be mailed at least 15 days before the date of said hearing. Such notice shall be substantially in the form specified in Section 53339.4 of the Act, with a summary form specifically authorized.
8. 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 16th day of January 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR: ________________________
Gary Singh
Mayor
ATTEST: ________________________
CASSANDRA CANDINI-TILTON
City Clerk
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