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Public Notice

07 19 2016 CC Public Hearing

Posted: Jul 11, 2016

The City of Tracy City Council will hold a public hearing on Tuesday, July 19, 2016, at 7:00 p.m., or as soon thereafter as possible, in the Tracy City Council Chambers, 333 Civic Center Plaza, Tracy, to consider the following

NOTICE OF PUBLIC HEARING

To Establish a Community Facilities District

 CITY OF TRACY
Community Facilities District No. 2016-1 (Tracy Hills)
 
On June 7, 2016, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the “Act”), the City Council (the “City Council”) of the City of Tracy (the “City”), County of San Joaquin, State of California adopted its “Resolution of Intention To Establish Community Facilities District” (the “Resolution of Intention”) to establish (i) “City of Tracy Community Facilities District No. 2016-1 (Tracy Hills)” (the “CFD”), (ii) “Improvement Area No. 1 of the City of Tracy Community Facilities District No. 2016-1 (Tracy Hills)” (“Improvement Area No. 1”), (iii)  and (iii) a future annexation area for the CFD (the “Future Annexation Area”). Under the Act and the Resolution of Intention, the City Council gives notice as follows:
 
1.         The text of the Resolution of Intention, with the Exhibits A and B thereto, as adopted by the City Council, is on file with the 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, the boundaries of which are shown on a map on file with the City.
 
b.         The purpose of the CFD is to provide for the financing of (i) the public facilities (the “Facilities”) as more fully described in the Resolution of Intention and Exhibit A thereto and (ii) certain public services (the “Services”) as more fully described in the Resolution of Intention and Exhibit A thereto.
 
c.         The method of financing the Facilities and 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. 
 
d.         The Resolution of Intention directed the preparation of a CFD Report that shows the Facilities and the Services and the estimated costs of the Facilities and 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 may be designated as one or more improvement areas (each, a “Future Improvement Area”), 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 City Council will hold a public hearing on the establishment of the CFD and the Future Annexation Area, the Facilities, the Services and the Special Tax. 
 
2.         The public hearing will be held on Tuesday, July 19, 2016, at 7:00 p.m. or as soon as possible thereafter, in the City Council Chambers, 333 Civic Center Plaza, Tracy, California.
 
3.         At the hearing, the testimony of all interested persons or taxpayers, including all persons owning property within each of Improvement Area No. 1, for or against the establishment of the CFD and Improvement Area No. 1, the Special Tax to be levied in Improvement Area No. 1, the extent of the CFD and Improvement Area No. 1 and the furnishing of the specified Facilities and Services, will be heard. Any person interested may file a protest in writing as provided in Section 53323 of the Act. Any protests pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularities and defects to which objection is made. All written protests must be filed with the Clerk of the City Council on or before the time fixed for the hearing.
 
If 50% or more of the registered voters, or six registered voters, whichever is more, residing in the territory proposed to be included in Improvement Area No. 1, or the owners of one-half or more of the area of land in the territory proposed to be included in Improvement Area No. 1 and not exempt from the Special Tax to be levied in Improvement Area No. 1, file written protests against the establishment of the CFD and Improvement Area No. 1 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 CFD and Improvement Area  No. 1 or levy the Special Tax in Improvement Area  No. 1 for a period of one year from the date of decision of the City Council, and, if the majority protests of the registered voters or landowners are only against the furnishing of a type or types of Facilities or Services within the CFD and Improvement Area No. 1, or against levying a specified part of the Special Tax in Improvement Area No. 1, those types of Facilities or Services or the specified part of the Special Tax to be levied in Improvement Area  No. 1 will be eliminated from the proceedings to form the CFD and Improvement Area No. 1.
 
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, 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.         If there is no majority protest, the City Council may submit the levy of the Special Tax in Improvement Area No. 1 for voter approval at a special election. The Special Tax requires the approval of 2/3rds of the votes cast at a special election by the property owner voters of Improvement Area No. 1, with each owner having one vote for each acre or portion thereof such owner owns in Improvement Area  No. 1 not exempt from the Special Tax.
 
 
Dated as of June 7, 2016                                                                  City of Tracy
 
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