CITY COUNCIL OF THE CITY OF PATTERSON
RESOLUTION NO. 2022-68
A RESOLUTION OF INTENTION TO ANNEX TERRITORY TO COMMUNITY FACILITIES DISTRICT 2018-02 (RESIDENTIAL MAINTENANCE SERVICES) AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
RESOLVED by the City Council (the “Council”) of the City of Patterson (the “City”), County of Stanislaus, State of California, that:
WHEREAS, this Council has conducted proceedings to establish City of Patterson Community Facilities District 2018-02 (Residential 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 formed the CFD pursuant to Resolution No. 2018-78 adopted on October 16, 2018 (the “Resolution of Formation”) and thereby also established a Future Annexation Area for the CFD (the “Future Annexation Area”); and
WHEREAS, the Resolution of Formation provides that annexations into the CFD from land within the Future Annexation Area may be made by unanimous consent of the landowner without Council action, provided however, for lands outside of the Future Annexation Area Council action is be required for annexation and establishment of a special tax rate applicable to the area annexed; and
WHEREAS, under the Act, this Council, as the legislative body for the CFD, is empowered with the authority to annex territory to the CFD which is outside of the Future Annexation Area, and now desires to undertake proceedings to annex territory to the CFD and provide for a Rate and Method applicable to the annexed area.
NOW, THEREFORE, be it resolved by the City Council of the City of Patterson:
1. Findings. This Council hereby finds and determines that the foregoing recitals are correct and that public convenience and necessity require that territory be added to the CFD.
2. Territory Described. The name of the existing CFD is “City of Patterson Community Facilities District 2018-02 (Residential Maintenance Services).” The territory included in the existing CFD is set forth in the map of the CFD heretofore recorded in the Stanislaus County Recorder’s Office on August 28, 2018 as Document No. 2018-0059123-00 of Maps of Assessment and Community Facilities Districts, to which map reference is hereby made.
The territory now proposed to be annexed to the CFD is as shown on the Annexation Map No. 1, on file with the 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 Annexation Map, showing the territory to be annexed, in the office of the County Recorder of the County of Stanislaus within fifteen days of the date of adoption of this resolution.
3. The Services. 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 A to Resolution of Formation. 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 annexed to the CFD.
4. Special Tax. 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 area to be annexed to the CFD, and collected in the same manner as ordinary ad valorem property taxes.
The special tax proposed to pay for Services to be supplied within the territory proposed to be annexed 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 or to be annexed in the future 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.
The existing rate and method of apportionment of special tax (the “Existing Rate and Method”) among the parcels of real property within the existing territory of the CFD, as described in Exhibit B to the Resolution of Formation, will be altered as described in Rate, Method of Apportionment of Special Tax (Zone 6) for the annexed area (“Annexation No. 1 RMA”), which is attached to this Resolution as Exhibit A.
The proposed rate and method of apportionment of the special tax among the parcels of real property within the annexed area of the CFD for the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the CFD to estimate the maximum amount such owner will have to pay, are described in the Annexation No. 1 RMA.
5. Hearing. Tuesday, December 6, 2022 at 7:00 p.m. or as soon as possible thereafter, in the City Hall, Council Chambers, 1 Plaza Circle, Patterson, CA 95363, be, and the same are hereby appointed and fixed as the time and place when and where this Council, as legislative body for the CFD, will conduct a public hearing on the matters described in this Resolution.
6. Notice. 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 annexed to the CFD. The publication of said notice shall be completed at least seven 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 (and to each registered voter, if any) within the territory proposed to be annexed, which notice and resolution shall be mailed at least fifteen 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.
7. Effective Date. This Resolution shall take effect upon its adoption. * * * * * *
PASSED AND ADOPTED by the Patterson City Council at a regular meeting held on the 17 th day of October, 2022, by ____________, who moved its adoption, which motion was duly seconded by ___________, and the resolution adopted by the following roll call vote:
AYES:
NOES:
EXCUSED:
APPROVED:
Dennis McCord
Mayor of the City of Patterson
ATTEST:
Aracely Alegre
City Clerk of the City of Patterson
I hereby certify that the foregoing is a full, correct and true copy of a resolution passed by the City Council of the City of Patterson, a Municipal Corporation of the County of Stanislaus, State of California, at a special meeting held on the 17 th day of October 2022, and I further certify
that said resolution is in full force and effect and has never been rescinded or modified.
DATED:
______________________________
City Clerk of the City of Patterson
EXHIBIT A
CITY OF PATTERSON
Community Facilities District No. 2018-02
(Residential Maintenance Services)
(Annexation No. 1)
Rate and Method of Apportionment of Special Tax for Annexation No. 1