1 RESOLUTION NO. ___________
WEST PATTERSON FINANCING AUTHORITY
RESOLUTION NO. 2022-04
RESOLUTION CALLING SPECIAL LANDOWNER ELECTION
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, this Board has adopted a resolution entitled “Resolution of Formation of Community Facilities District" (the “Resolution of Formation”), ordering the formation of the “West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure)” (the “CFD”), defining the facilities (the “Facilities”) to be financed by the CFD, authorizing the levy of a special tax on property within the CFD and preliminarily establishing an appropriations limit for the CFD, all pursuant to Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the “Act”); and WHEREAS, this Board has also adopted a resolution entitled “Resolution Determining the Necessity to Incur Bonded Indebtedness” (the “Resolution Determining Necessity”), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $17,500,000 upon the security of the special tax to be levied within the CFD pursuant to the Act; and
WHEREAS, pursuant to the provisions of the Resolution of Formation and the Resolution Determining Necessity, the propositions of the levy of the special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness shall be submitted to the qualified electors of the CFD as required by the provisions of the Act; NOW THEREFORE BE IT RESOLVED as follows:
1. Issues Submitted. Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy of the special tax, the incurring of bonded indebtedness and the establishment of the appropriations limit shall be submitted to the qualified electors (as defined below) of the CFD at an election called therefor as provided below.
2. Qualified Electors. This Board hereby finds that fewer than 12 persons have been registered to vote within the territory of the CFD for each of the ninety (90) days preceding the close of the public hearings heretofore conducted and concluded by this Board for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Board finds that, for these proceedings, the qualified electors are the landowners within the CFD and that the vote shall be by such landowners or their authorized representatives, each having one vote for each acre or portion thereof such landowner owns in the CFD as of the close of the public hearing.
3. Conduct of Election. This Board hereby calls a special election to consider the issues described in Section 2, above, which election shall be held on November 15, 2022, and the results thereof canvassed at the meeting of this Board on November 15, 2022. The 2 RESOLUTION NO. ___________
Secretary is hereby designated as the official to conduct the election and to receive all ballots until the close of business on the election date. It is hereby acknowledged that the Secretary has on file the Resolution of Formation, a map of the boundaries of the CFD, and a sufficient description to allow the Secretary to determine the electors of the CFD. Pursuant to Section 53327 of the Act, the election shall be conducted by messenger or mail-delivered ballot pursuant to Section 4000 of the California Elections Code. This Board hereby finds that Section 4108 is applicable to this special election, except that Sections 53326 and 53327 of the Act shall govern for purposes of determining the date of the election.
4. Ballot. As authorized by Section 53353.5 of the Act, the issues described in Section 1 above shall be combined into a single ballot measure, the form of which as attached hereto as Exhibit “A” is hereby approved. The Secretary is hereby authorized and directed to cause a ballot, in substantially the form of Exhibit “A,” to be delivered to each of the qualified electors of the CFD. Each ballot shall indicate the number of votes to be voted by the respective landowner to which the ballot pertains. Each ballot shall be accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot shall be enclosed with the ballot, have the return postage prepaid, and contain the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot.
5. Waivers. This Board hereby further finds that the provisions of Section 53326 of the Act requiring a minimum of 90 days following the adoption of the Resolution of Formation to elapse before the special election are for the protection of the qualified electors of the CFD.
There is on file with the Secretary a written waiver executed by all of the qualified electors of the CFD allowing for a shortening of the time for the special election to expedite the process of formation of the CFD and waiving any requirement for notice, analysis and arguments in connection with the election. Accordingly, this Board finds and determines that the qualified electors have been fully apprised of and have agreed to the shortened time for the election and waiver of analysis and arguments, and have thereby been fully protected in these proceedings.
This Board also finds and determines that the Secretary has concurred in the shortened time for the election. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act.
6. Accountability. The Board hereby finds that the proposed issuance of bonds and other debt for each Improvement Area constitutes a “local bond measure” within the meaning of Sections 53410, et seq. of the California Government Code. As a result, the bond measure shall include the propositions set forth above and the following: (a) the specific purpose of the bonds and other debt shall be as set forth in the propositions; (b) any proceeds received from the sale of any bonds and other debt shall be applied only to the purposes set forth in the propositions; (c) the proceeds of any bonds and other debt shall be deposited into special accounts to be created therefor as part of the issuance of the bonds and other debt; and (d) the Authority shall cause a report to be prepared annually under Section 53411 of the Government Code.
Under Section 50075.1 of the Government Code, the following accountability provisions shall apply to the special taxes: (a) the Facilities and the incidental costs thereof, all as defined in the Resolution of Formation, shall constitute the specific single purpose; (b) the proceeds shall be applied only to the specific purposes identified in (a) above; (c) there shall be created 3 RESOLUTION NO. ___________
special account(s) or funds(s) into which the proceeds shall be deposited; and (d) there shall be caused to be prepared an annual report if required by Section 50075.3 of the Government Code.
7. 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:
EXCUSED:
___________________________________
Dennis McCord, Chair
ATTEST:
Aracely Alegre, Secretary
Exhibit A
EXHIBIT A - Form of Ballot
WEST PATTERSON FINANCING AUTHORITY
Community Facilities District No. 2022-2
(Baldwin Ranch Infrastructure)
OFFICIAL BALLOT
SPECIAL TAX ELECTION
This ballot is for a special, landowner election for the West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure). You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Patterson no later than the hour of 7:00 p.m. on November 15, 2022, either by mail or in person. The Clerk’s office is located at 1 Plaza Circle, Patterson, California 95363.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO.” All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another.
The estimated maximum amount of money raised annually by this measure at year 30 is expected to be $____ million based upon the projected full build-out of the CFD and the rate of the special tax as set forth in the rate and method of apportionment of special taxes for the CFD.
BALLOT MEASURE: Shall the measure pursuant to which (i) the West Patterson Financing Authority shall incur an indebtedness and issue bonds in the maximum aggregate principal amount of not to exceed $17,500,000 with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the West Patterson Financing Authority Community Facilities District No. 2022-2 (Baldwin Ranch Infrastructure) (the “CFD”), the proceeds of which bonds will be used to acquire and/or construct certain facilities and pay for the costs of issuing the bonds and related expenses; (ii) a special tax payable solely from lands within the CFD shall be levied annually, commencing in the Authority’s fiscal year 2022-23, upon lands within the CFD to pay for the principal and interest upon such bonds, to pay the costs of the Authority in administering the CFD, and to pay for the costs of acquiring and/or constructing certain facilities; and (iii) the annual appropriations limit of the CFD shall be established in the amount of $17,500,000 be adopted?
By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure.
Number of Votes: ___
Property Owner:
[property owner name]
[signature block]