RESOLUTION R2024-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MANTECA, STATE OF CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF THE SECOND AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
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, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled “A Resolution of the City Council of the City of Manteca, State of California, Authorizing the Annexation of Territory into a Community Facilities District, Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors” (the “Resolution of Annexation”), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is 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, this City Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into 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:
T he 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.
The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this City Council, all as described in Resolution No. R2024-21, entitled “A Resolution of the City Council of the City of Manteca, State of California, Declaring its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes” adopted by this City Council on January 16, 2024.
Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election.
Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this City Council may levy special taxes therein as heretofore provided in these proceedings.
It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District, the prior annexations, and the territory annexed thereto were valid and in conformity with the Act.
Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of San Joaquin, a Second Amendment to Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code.
This Resolution shall take effect 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 February 2024, 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. 2022-1
(Manteca Public Safety, Maintenance & Services)
ANNEXATION NO. 2
TAX ZONE NO. 3
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on February 20, 2024, I canvassed the returns of the election held on February 20, 2024, in the City of Manteca Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services), Annexation No. 2 of the City of Manteca and the total number of ballots cast in such election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Manteca
Community Facilities District No. 2022-1
(Manteca Public Safety, Maintenance & Services), Annexation No. 2 Special Tax Election, February 20, 2024
42 _____
_____
_____
BALLOT MEASURE: Shall the City of Manteca, by and for its Community Facilities District No. 2022-1 (Manteca Public Safety, Maintenance & Services) (the “District”), be authorized to levy special taxes within the territory annexed to the District pursuant to and as described in the Resolution of Intention to Annex Territory, adopted by the City Council of the City of Manteca on January 16, 2024, and shall the annual appropriations limit of the District be increased by the amount of $243,011? Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on February 20, 2024.
By:
City Clerk
City of Manteca
R2024-XX Page 1 of 1 February 20, 2024 ATTACHMENT 3