RESOLUTION NO. 2026-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNION CITY
DEEMING IT NECESSARY TO INCUR BONDED INDEBTEDNESS IN
AND FOR CITY OF UNION CITY COMMUNITY FACILITIES DISTRICT NO. 2026-1 (STATION EAST FACILITIES AND SERVICES) IN AN AMOUNT NOT TO EXCEED $38,000,000 TO FINANCE THE
ACQUISITION AND CONSTRUCTION OF CERTAIN PUBLIC
FACILITIES
WHEREAS, the City Council (the “City Council”) of the City of Union City (the “City”) on May 26, 2026, adopted its Resolution No. 2026-074 (the “Resolution of Intention”), stating its intention to (i) form “City of Union City Community Facilities District No. 2026-1 (Station East Facilities and Services)” (the “CFD”), (ii) designate therein “Improvement Area No. 1 of the City of Union City Community Facilities District No. 2026- 1 (Station East Facilities and Services)” (“Improvement Area No. 1”), and (iii) establish “City of Union City Community Facilities District No. 2026-1 (Station East Facilities and Services) (Future Annexation Area)” (the “Future Annexation Area”), all pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, 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, also in the Resolution of Intention, the City Council determined that it may be necessary to designate additional improvement areas in the CFD as a result of the annexation of territory from the Future Annexation Area (each, a “Future Improvement Area”) and to incur bonded indebtedness within the boundaries of the Future Improvement Area; and
WHEREAS, the City Council also adopted on May 26, 2026, its Resolution No. 2026-075 (the “Resolution of Intention to Incur Indebtedness”), stating its intention to incur bonded indebtedness and other debt (as defined in the Act) for the purpose of financing the costs of the facilities specified in the Resolution of Intention; and WHEREAS, the City Council noticed a public hearing to be held on the date hereof, in accordance with the Act and the Resolution of Intention; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the formation of the CFD, Improvement Area No. 1, and the Future Annexation Area, the services and facilities to be provided therein, and the levy of said special taxes were heard and a full and fair hearing was held; and WHEREAS, at the hearing all interested persons desiring to be heard on matters set forth in the Resolution of Intention to Incur Indebtedness were heard and a full and fair hearing was held; and
WHEREAS, subsequent to the hearing, on the date hereof, the City Council adopted its resolution entitled, “Resolution of the City Council of the City of Union City to Form City of Union City Community Facilities District No. 2026-1 (Station East Facilities and Services), Designate Improvement Area No. 1 Therein and Establish a Future Annexation Area, and to Authorize the Levy of Special Taxes Therein to Finance Certain Resolution 2026-XXX
Station East CFD Resolution to Incur Debt
Public Services and the Acquisition and Construction of Certain Public Facilities” (the “Resolution of Formation”); and
WHEREAS, no written protests with respect to the matters set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Union City as follows:
1. The foregoing recitals are true and correct.
2. The City Council deems it necessary to incur bonded indebtedness for the CFD in an amount not to exceed $38,000,000 (the “Authorization”), initially allocated as follows: (i) for Improvement Area No. 1, the bonded indebtedness limit is $20,000,000 and (ii) for the portion of the CFD that is not currently in Improvement Area No. 1, the bonded indebtedness limit is not to exceed $18,000,000 (the “Future Improvement Area Indebtedness Limit”). Indebtedness subject to the Authorization shall only include indebtedness evidenced by bonds or notes and shall not include bonds described in Section 53364.2(e) of the Act.
Upon designation of a parcel or parcels annexed into the CFD from the Future Annexation Area as a Future Improvement Area, the Unanimous Consent shall include an authorization to incur bonded indebtedness for such Future Improvement Area in a maximum amount which does not exceed the Future Improvement Area Indebtedness Limit, net of the amount or amounts of the Future Improvement Area Indebtedness Limit previously established in connection with a prior annexation from the Future Annexation Area, which limit shall be set forth in a Unanimous Consent. Such allocation may be made without any requirement for further public hearings, City Council action or other additional proceedings, and the City shall include the Unanimous Consent in the CFD records.
3. The whole of Improvement Area No. 1 shall pay for the bonded indebtedness and other debt issued by the City for Improvement Area No. 1 through the levy of the facilities special tax for Improvement Area No. 1. The tax shall be apportioned in accordance with the rate and method of apportionment of special tax for Improvement Area No. 1. The whole of each Future Improvement Area shall pay for the bonded indebtedness and other debt issued by the City for such Future Improvement Area through the levy of the facilities special tax therein. The tax shall be apportioned in accordance with the formula approved via unanimous approval of parcel(s) annexing into such Future Improvement Area from the Future Annexation Area.
4. Indebtedness in the maximum amount set forth in Section 2 of this Resolution is hereby authorized for Improvement Area No. 1, subject to voter approval.
The bonds and other debt may be issued in one or more series and mature and bear interest at such rate or rates, payable semiannually or in such other manner, all as this City Council or its designee shall determine, at the time or times of sale of such bonds and other debt; provided, however, that the interest rate or rates shall not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds and Resolution 2026-XXX
Station East CFD Resolution to Incur Debt
other debt, and the bonds and other debt or any series thereof shall have a maximum term of not to exceed 40 years.
Indebtedness in the maximum amount set forth in Section 2 of this Resolution is hereby authorized for the Future Improvement Areas, subject to voter approval evidenced by the applicable unanimous approval form(s). The bonds and other debt may be issued in one or more series and mature and bear interest at such rate or rates, payable semiannually or in such other manner, all as this City Council or its designee shall determine, at the time or times of sale of such bonds and other debt; provided, however, that the interest rate or rates shall not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds and other debt, and the bonds and other debt or any series thereof shall have a maximum term of not to exceed 40 years.
5. The proposition of the City incurring the bonded indebtedness and other debt for Improvement Area No. 1 herein authorized shall be submitted to the respective qualified electors of Improvement Area No. 1, and shall be consolidated with elections on the proposition of levying the services special tax and facilities special tax within Improvement Area No. 1 and the establishment of an appropriations limit for Improvement Area No. 1 and the CFD pursuant to Section 53353.5 of the Act. The time, place and further particulars and conditions of such election shall be as specified by separate resolution of this City Council. In accordance with Section 53350 of the Act, approval of the limit for the incurrence of bonded indebtedness and other debt for any Future Improvement Area shall be submitted by the owner or owner(s) of parcels in such Future Improvement Area and specified in the applicable unanimous approval form(s), without any other proceedings or hearings required.
6. This Resolution shall take effect immediately upon its adoption.
Resolution 2026-XXX
Station East CFD Resolution to Incur Debt
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Union City at a regular meeting held on July 14, 2026, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
GARY SINGH
Mayor
ATTESTED: APPROVED AS TO FORM:
THAI NAM N. PHAM
City Clerk
KRISTOPHER J. KOKOTAYLO
City Attorney