RESOLUTION R2024-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO A COMMUNITY FACILITIES DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES
CITY OF MANTECA
COMMUNITY FACILITIES DISTRICT NO. 2022-1
(MANTECA PUBLIC SAFETY, MAINTENANCE & SERVICES)
ANNEXATION NO. 2
TAX ZONE NO. 3
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”), the City Council of the City of Manteca (the “City”) previously conducted proceedings to establish the City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (the “District”); and WHEREAS, this City Council has received a Petition (including Waivers) from the landowners requesting to annex territory into the District under the Act, to provide for the direct and incidental costs of police services; fire protection services; and maintenance of roads, parks, landscapes, streetscapes, and streetlights; and related appurtenances; and WHEREAS, under the Act, this City Council is the legislative body for the proposed annexation of territory to the District and is empowered with the authority to annex territory to the District and to levy special taxes within the annexation territory; and WHEREAS, this City Council now desires to commence proceedings to consider the annexation of territory to the District; 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:
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.
This City Council proposes to begin the proceedings necessary to annex territory to the District pursuant to the Act.
The name of the existing District is City of Manteca, Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services).
A general description of the territory included in the existing District is shown on the map recorded in the office of the County Recorder for the County of San Joaquin on October 3, 2022, in Book 7 at Page 50 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made.
The territory now proposed to be annexed to the District as Tax Zone No. 3 is shown on Annexation Map No. 1 of the District on file with the City Clerk, a copy of which is attached hereto as Exhibit “A”, which Exhibit is, by this reference, incorporated herein. 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 record, or cause to be recorded, said Annexation Map No. 1 of the District in the office of the County Recorder of the County of San Joaquin within fifteen days of the date of adoption of this Resolution.
The types of services to be funded by the District and pursuant to the Act consist of those services (the “Services”) described in Exhibit “B” to 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 on September 20, 2022 (the “Resolution of Intention”), which Resolution of Intention is, by this reference, incorporated herein. It is presently intended that the Services will relate to the existing territory in the District and the territory proposed to be annexed to the District.
Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District (including the property being annexed thereto), will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this City Council shall determine, including direct billing of the affected property owners. The rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, is attached hereto as Exhibit “B”. The rates specific to Tax Zone No. 3 are detailed in Attachment 1 to such Exhibit.
The special tax proposed to be levied for the Services to be supplied within the proposed territory to be annexed will be equal to the special taxes levied to pay for the same Services in the District, except that a higher or lower special tax may be levied within the proposed territory to be annexed 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 existing District. 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.
Notice is given that on 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, and the same are hereby appointed and fixed as the time and place when and where this City Council, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District and consider and finally determine whether the public interest, convenience, and necessity require said annexation of territory to the District and the levy of said special tax therein.
The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit “C” hereto.
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
R2024-XX Page 4 of 4 January 16, 2024
ATTACHMENT 1