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Public Notice

2.20.18 CC Public Hearing Establish CFD

Posted: Feb 13, 2018

The City of Tracy City Council will conduct a Public Hearing on Tuesday, February 20, 2018, at 7:00 p.m. or as soon after as possible, in the Tracy City Council Chambers, 333 Civic Center Plaza:

Notice is hereby given that the City Council (the “Council”) of the City of Tracy (the “City”) adopted its "Resolution of Intention To Establish a Community Facilities District" (the “Resolution of Intention”) to establish “City of Tracy Community Facilities District No. 2018-1 (Maintenance and Public Services)” (the “CFD”) under the Mello-Roos Community Facilities Act of 1982, constituting Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, of the California Government Code (the “Act”). Under the Act and the Resolution of Intention, the Council gives notice as follows:

 
1.         The text of the Resolution of Intention, with Exhibits A and B thereto, as adopted by the Council, is on file with City Clerk and reference is made thereto for the particular provisions thereof. The text of the Resolution of Intention is summarized as follows:
 
a.         Under the Act, this Council is undertaking proceedings for the establishment of the CFD, which will include a future annexation area (the “Future Annexation Area”), the boundaries of which are shown on a map on file with the City Clerk.
 
b.         The purpose of the CFD is to provide for the financing of the municipal services (the “Services”) as more fully described in the Resolution of Intention and Exhibit A thereto.
 
c.         The method of financing the Services is through the imposition and levy of a special tax (the “Special Tax”) to be apportioned on the properties in the CFD under the rate and method of apportionment described in the Resolution of Intention and Exhibit B thereto. The Special Tax requires the approval of two-thirds of landowner votes voted at a special election called for that purpose by the Council, with each landowner having one vote for each acre or portion of acre such owner owns in the CFD.
 
d.         The Resolution of Intention directed the preparation of a CFD Report that shows the Services by type that are required to adequately meet the needs of the CFD and the estimated costs of the Services. The CFD Report will be made a permanent part of the record of the public hearing specified below. Reference is made to the CFD Report as filed with the Clerk.
 
e.         Property within the Future Annexation Area will be annexed to the CFD, and a special tax will be levied on such property, only with the unanimous approval (each, a “Unanimous Approval”) of the owner or owners of each parcel or parcels at the time that parcel or those parcels are annexed, without additional hearings or elections.
 
f.          As set forth below, the Council will hold a public hearing on the establishment of the CFD (including the Future Annexation Area), the Services and the Special Tax. 
 
2.         The time and place established under the Resolution of Intention for the public hearing required under the Act are Tuesday, February 20, 2018, at 7:00 p.m. or as soon as possible thereafter, in the City Hall, Council Chambers, 333 Civic Center Plaza, Tracy, California.
 
3.         At the hearing, the testimony of all interested persons or taxpayers for or against the establishment of the CFD, the extent of the CFD or the furnishing of the specified Services will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. If 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in the CFD, or the owners of one-half or more of the area of land in the territory proposed to be included in the CFD and not exempt from the special tax, file written protests against the establishment of the CFD and the protests are not withdrawn to reduce the value of the protests to less than a majority, the Council shall take no further action to create the CFD or levy the special taxes for a period of one year from the date of decision of the Council, and if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of Services within the CFD, or against levying a specified special tax, those types of Services or the specified special tax will be eliminated from the proceedings to form the CFD.
 
In addition, at the hearing, the testimony of all interested persons for and against the establishment of the Future Annexation Area or the levying of special taxes within any portion of the Future Annexation Area annexed in the future to the CFD will be heard. If 50% or more of the registered voters, or 6 registered voters, whichever is more, residing within the proposed territory of the CFD, or if 50% or more of the registered voters, or 6 registered voters, whichever is more, residing in the territory proposed to be included in the Future Annexation Area, or the owners of 50% or more of the area of land in the territory proposed to be included in the CFD or in the Future Annexation Area and not exempt from the Special Tax, file written protests against the establishment of the Future Annexation Area and the protests are not withdrawn to reduce the value of the protests to less than a majority, the City Council shall take no further action to create the Future Annexation Area for a period of one year from the date of decision of the City Council.
 
4.         The proposed voting procedure shall be by special mail or hand-delivered ballot to the property owners within the territory proposed to be included in the CFD.
 
 
Dated: as of February 13, 2018 
Adrianne Richardson
City Clerk
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