4/19/23
56820441.4
RESOLUTION NO. _______
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MERCED, ACTING AS THE LEGISLATIVE BODY OF THE
COMMUNITY FACILITIES DISTRICT NO. 2003 -2
(SERVICES) OF THE CITY OF MERCED, ANNEXING
ANNEXATION NO. 23 TO SAID DISTRICT AND
AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN
SAID ANNEXATION NO. 23
WHEREAS, on March 6, 2023, the City Council (the “ City Council”) of the City of Merced, Califo rnia (the “City”), acting as the legislative bod y of the Community Facilities District No . 2003 -2 (Services) of the City of Merced (the “District”), adopted Resolution No. 2023-17 stating its intention to annex certain property (“Annexation No. 23”) into the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and WHEREAS, notice was published as required by law relative to the intention of the City Council to annex into the District Annexation No. 23; and WHEREAS, on May 1, 2023, this City Council held a duly noticed public hearing as required by law relative to the determination to proceed with the annexation into the District of Annexation No. 23, and the amended rate and method of apportionment and manner of collection of the special tax to be levied within Annexation No. 23 to finance certain public services; and WHEREAS, at said hearing all persons desirin g to be heard on all matters pertaining to the annexation into the District of Annexation No. 23 were heard and a full and fair hearing was held; and
WHEREAS, the City Council subsequent to said hearing adopted a resolution determining the validity of prior proceedings relative to the annexation into the District of Annexation No. 23 and the authorization of the levy of a special tax within Annexation No. 23 and called an election within Annexation No. 23 for May 1, 2023, on the proposition of annexing into the District and the levying of a special tax for such annexation; and
WHEREAS, on May 1, 2023, an election was held within Annexation No. 23 in which the eligible electors of such annexation approved by more than two-thirds ATTACHMENT 6
56820441.4 2
vote the proposition of annexing into the District and the levying of a special tax within Annexation No. 23; and
WHEREAS, this Legislative Body, by the adoption of Ordinanc e No. 2144 (the “Ordinance”), as authorized by Section 53340 of the Act, has authorized the levy of such special taxes within the District and any annexations, including Annexation No. 23;
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND
ORDERED BY THE CITY COUNCIL OF THE CITY OF MERCED, ACTING AS
THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO. 2003-2 (SERVICES) OF THE CITY OF MERCED, AS FOLLOWS:
Section 1. Th
e above recitals are all true and correct.
Section 2. Annexation No. 23 is hereby annexed into the District and hereafter all references to the District shall include Annexation No. 23.
Section 3. A s pecial tax shall be levied within the boundaries of Annexation No. 23 pursuant to the amended rate and method of apportionment set forth in Exhibit “A” attached hereto and incorporated by reference (the “Special Tax Formula”), in an amount necessary to finance all or a portion of the cost of providing certain public services and maintenance that are in addition to those provided in the territory within Annexation No. 23 prior to the annexation to the District, periodic costs, and costs of the tax levy and collection.
Section 4. Thi
s resolution shall constitute a Resolution of Annexation within the meaning of the Ordinance and Annexation No. 23 shall be subject to the terms of the Ordinance.
Section 5. The Special Tax Formula supercedes the previously approved rate and method of apportionment and shall constitute the rate and method of apportionment of special taxes within the District until such special tax may be modified or amended from time to time by a resolution of change or a resolution of annexation adopted pursuant to the provisions of the Act.
Section 6. Thi
s resolution shall become effective upon its adoption.