1 WEST PATTERSON FINANCING AUTHORITY
RESOLUTION NO. 2022-02
RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT
WEST PATTERSON FINANCING AUTHORITY
Community Facilities District No. 2022-2
(Baldwin Ranch Infrastructure)
RESOLVED by the Board of Directors (the “Board”) of the West Patterson Financing Authority (the “Authority”), Stanislaus County, State of California, that:
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, sections 53311, et. seq., of the California Government Code (the “Act”), on October 4, 2022, this Board of the Authority, adopted its Resolution No. 2022-70 entitled “A Resolution of Intention to Establish a Community Facilities District” (the “Resolution of Intention”), stating its intention to form the “West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure)” (the “CFD”);
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries of the CFD and stating the facilities to be provided (as set forth in the list attached hereto as Exhibit A), the cost of providing such facilities, and the rate and method of apportionment of the special tax to be levied within the CFD to pay for the facilities and the principal and interest on bonds proposed to be issued with respect to the CFD, is on file with the Secretary and the provisions thereof are incorporated herein by this reference as if fully set forth herein; WHEREAS, on this date, this Board held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed formation of the CFD; WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, the facilities to be financed therein and the levy of such special tax were heard and a full and fair hearing was held; WHEREAS, at the hearing evidence was presented to this Board on such matters before it, including a special report (the “Report”) as to the facilities to be financed through the CFD and the costs thereof, a copy of which is on file with the Secretary, and this Board at the conclusion of said hearing is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the CFD, the financing of specified types of facilities and the rate and method of apportionment of the special taxes have not been filed with the Secretary by 50% or more of the registered voters residing within the territory of the CFD or property owners of one-half or more of the area of land within the CFD and not exempt from the proposed special taxes;
NOW THEREFORE BE IT RESOLVED as follows:
1. Recitals Correct. The foregoing recitals are true and correct. 2 2. No Majority Protest. The proposed CFD and the proposed special tax to be levied within the CFD have not been precluded by majority protest pursuant to section 53324 of the Act.
3. Prior Proceedings Valid. All prior proceedings taken by this Board in connection with the establishment of the CFD and the levy of the special tax have been duly considered and are hereby found and determined to be valid and in conformity with the Act.
4. Name of the CFD. The community facilities district designated “West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure)” of the Authority is hereby established pursuant to the Act.
5. Boundaries of CFD. The boundaries of the CFD, as set forth in the map of the CFD heretofore recorded in the Stanislaus County’s Recorder’s Office as Document No. 2022- 0068383 on October 14, 2022 and on file with the Secretary, are hereby approved, are incorporated herein by reference and shall be the boundaries of the CFD.
6. Description of Facilities. The facilities proposed to be financed by the CFD and pursuant to the Act shall consist of those items shown in Exhibit A hereto and by this reference incorporated herein (the “Facilities”).
7. Special Tax.
Except to the extent that funds are otherwise available to the CFD to pay for the Facilities, a special tax (the “Special Tax”) sufficient to pay the costs thereof, secured by the recordation of a continuing lien against all non-exempt real property in the CFD, is intended to be levied annually within the CFD, and collected in the same manner as ordinary ad valorem property taxes or in such other manner as may be prescribed by this Board.
The proposed rate and method of apportionment of the Special Tax among the parcels of real property within the CFD, in sufficient detail to allow each landowner within the proposed CFD to estimate the maximum amount such owner will have to pay, are shown in Exhibit B attached hereto and hereby incorporated herein. The Resolution of Intention included as Exhibit B an earlier draft form of the rate and method of apportionment inadvertently included in the adopted resolution; the rate and method attached hereto is the correct version and replaces the version shown in Exhibit B to the Resolution of Intention and is the record version for purposes of the CFD.
8. Increased Demands. It is hereby found and determined that the Facilities are necessary to meet increased demands placed upon local agencies, including the Authority, as the result of development occurring in the CFD. The Facilities are in addition to those provided in the territory of the CFD as of the date hereof and will not supplant facilities already available within the territory of the CFD as of the date hereof.
9. Responsible Official. The Secretary (or her designee) of the West Patterson Financing Authority, City Hall, 1 Plaza, Patterson, CA 95363, telephone number 209-895-8000, is the officer of the Authority who will be responsible for preparing annually a current roll of the levy of the Special Tax obligations by assessor’s parcel number and who will be responsible for estimating future levies of the Special Tax.
3 10. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Tax shall attach to all nonexempt real property in the CFD and this lien shall continue in force and effect until the Special Tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the Special Tax by the Authority ceases.
11. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, of the CFD is hereby preliminarily established at $17,500,000 and such appropriations limit shall be submitted to the voters of the CFD as hereafter provided. The proposition establishing such annual appropriations limit shall become effective if approved by the qualified electors voting thereon and shall be adjusted in accordance with the applicable provisions of the Act and the Constitution.
12. Election. Pursuant to the provisions of the Act, the proposition of the levy of the Special Tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the CFD at an election the time, place and conditions of which election shall be as specified by a separate resolution of this Council.
13. Effective Date. This resolution shall take effect upon its adoption. * * * * * * * *
PASSED AND ADOPTED by the Board of Directors of the West Patterson Financing Authority on the 15th day of November 2022, by the following roll call vote:
AYES:
NOES:
EXCUED:
___________________________________
Dennis McCord, Chair
ATTEST:
Aracely Alegre, Secretary
Exhibit A
EXHIBIT A
WEST PATTERSON FINANCING AUTHORITY
Community Facilities District No. 2022-2
(Baldwin Ranch Infrastructure)
DESCRIPTION OF FACILITIES TO BE FINANCED BY THE CFD
Wastewater Treatment Plant Expansion. Includes expansion of detention ponds and treatment facilities to serve the West Patterson Business Park and Baldwin Ranch.
Water Transmission and Distribution Loop Pipeline. Includes a 14/16” transmission and distribution pipeline around the Northern part of the City to complete the loop water system around the City. Also includes various other water lines that serve West Patterson Business Park and Baldwin Ranch.
Roadways. Roadways within and in the vicinity of the West Patterson Business Park and Baldwin Ranch, including curb, gutter, sidewalks, street lights, asphalt paving, signal lights, joint trench, etc.
Drainage. Water, sewer, storm drain distribution and collection infrastructure within West Patterson Business Park and Baldwin Ranch.
West Patterson Environmental Impact Report Mitigation Measure Improvements.
Includes various intersection improvements set forth in Exhibit I to the Development Agreement Baldwin Ranch North, some of which are located outside the City limits.
Park and Sport Complex. May include various improvements to Parks in Baldwin Ranch or at the City’s Sports Complex.
Costs Associated with Improvements. The public improvements may include the acquisition of right-or-way and land, the costs of design, engineering and planning, the costs of any environmental or traffic studies, surveys or other reports, landscaping and irrigation, utility undergrounding, soils testing, permits, plan check and inspection fees, insurance, legal and related overhead costs of the improvements, the CFD and the bonds, coordination, supervision and administrative and any other costs or appurtenances related to any of the foregoing.
Administrative Costs. The District may also finance any related expenses authorized by the Mello-Roos Community Facilities Act of 1982, including but not limited to:
(a) Bond related expenses, including underwriters discount, reserve fund, capitalized interest, bond and underwriters counsel and all other incidental expenses. (b) Administrative fees of the Authority, the City of Patterson and the Bond trustee or fiscal agent related to the District and the Bonds.
(c) Reimbursement of costs related to the formation of the District advanced by the Authority, the City of Patterson or any related entity, or any landowner or developer within the District, as well as reimbursement of any costs advanced by the Authority or any related entity, Exhibit A
or any landowner or developer within the District, for facilities, fees or other purposes or cost of the District.
(d) City of Patterson and Developer may add facilities to the list that are not listed or cover by the initial facilities description.
Exhibit B
EXHIBIT B
WEST PATTERSON FINANCING AUTHORITY
Community Facilities District No. 2022-2
(Baldwin Ranch Infrastructure)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX