2015-173 Annual Costs of Maintenance and Services CFD 2015-2 ORDINANCE NO. 2015-173
AN ORDINANCE LEVYING SPECIAL TAXES TO BE COLLECTED
DURING FISCAL YEAR 2015-16 TO PAY THE ANNUAL COSTS OF
THE MAINTENANCE AND SERVICING OF STREET LIGHTS, PARKS,
PARKWAYS, STREETS, ROADS, AND OPEN SPACE, THE
OPERATION AND MAINTENANCE OF STORM DRAINAGE SYSTEMS,
A RESERVE FUND FOR CAPITAL REPLACEMENT, AND
ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF MENIFEE
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE
SERVICES)
WHEREAS, the City Council (the "City Council") of the City of Menifee (the "City") has heretofore adopted
Resolution No. 15-430, stating that a community facilities district to be known as "City of Menifee
Community Facilities District No. 2015-2 (Maintenance Services), County of Riverside, State of California"
(the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5
(commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code,
commonly known as the "Mello-Roos Community Facilities Act of 1982" (the"Act"), and fixing the time and
place for a public hearing on the formation of the Community Facilities District; and
WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities
District as required by law relative to the intention of the City Council to establish the Community Facilities
District and the levy of the special taxes therein to provide certain services, and of the time and place of
said public hearing; and
WHEREAS, on May 20, 2015, at the time and place specified in said published and mailed notice, the City
Council opened and held a public hearing as required by law relative to the formation of the Community
Facilities District, the levy of the special taxes therein and the provision of services by the Community
Facilities District; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation
of the Community Facilities District, the levy of the special taxes and the provision of services therein were
heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the
City Council of the City of Menifee Establishing Calling An Election for the Purpose of Submitting the
Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community
Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the
Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the
Community Facilities District, authorized the levy of a special tax within the District, and called an election
within the District on the proposition of levying a special tax, and establishing an appropriations limit within
the District; and
WHEREAS, an election was held within the Community Facilities District in which the sole eligible
landowner elector approved said propositions by more than the two-thirds vote required by the Act.
NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MENIFEE,RESOLVES,DETERMINES AND
ORDERS AS FOLLOWS:
Section 1. Findings. It is necessary that the City Council of the City of Menifee levy special taxes
pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of
services, and related costs within the Community Facilities District, including (i) the maintenance and
servicing of street lights, parks, parkways, streets, roads, and open space, (iii the operation and
maintenance of storm drainage systems, (iii) a reserve fund for capital replacement, and (iv)
Ordinance No.2015-442
Date Adopted:May 20,2015
Page 1 of 2
administrative expenses, all as more completely described in Exhibit"A"to Resolution No. 15-430,attached
hereto and by this reference made a part hereof.
Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year
2015-16, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject
to taxation, which are identified in Exhibit "B" attached hereto, and in the amount set forth for each such
parcel in said Exhibit"B." Pursuant to said Section 53340, such special taxes shall be collected in the same
manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and
the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
Section 3. Transmittal to County. The City Clerk shall immediately following adoption of this
ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of
Riverside together with a request that the special taxes as levied hereby be collected on the tax bills for the
parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on
and collected from the owners of said parcels.
Section 4. Authorization to Publish Ordinance. The Mayor shall sign this ordinance and the City Clerk
shall attest thereto and shall, within fifteen days of its adoption, cause it or a summary of it to be published
in a newspaper circulated in the City of Menifee.
Section 5. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after
the date of its adoption.
PASSED AND ADOPTED by the City Council of the Menifee at a regular meeting held on this 3rd day of
June, 2015 by the following vote:
AYES: August, Denver, Liesemeyer, Mann
NAYS: None
ABSENT: None
ATTEST: AP OV D
Kathy ennett, City Clerk Scott Mann, Mayor
APPROVED AS TO FORM:
Jeff Ich' , City Attorn
Ordinance No.2015-442
Date Adopted:May 20,2015
Page 2 of 2
EXHIBIT A
DESCRIPTION OF SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2015-2, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance
(including irrigation and replacement)of landscaping vegetation situated on or adjacent to parks, parkways,
streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public
signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways,
streets, roads and open space; maintenance and repair of playground or recreation program equipment or
facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2015-2; as well as local roads within residential subdivisions located within CFD No. 2015-2; and any
portions adjacent to the properties within CFD No. 2015-2.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay "Administrative Expenses," as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2015-2 or
for the benefit of the properties within the boundaries of CFD No. 2015-2, as the boundary is expanded
from time to time by anticipated annexations, and said services may be financed by proceeds of the
special tax of CFD No. 2015-2 only to the extent that they are in addition to those provided in the territory
of CFD No. 2015-2 before CFD No. 2015-2 was created.
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2015-16
ASSESSOR'S PARCEL NUMBERS
Owner Assessor Parcel Number
Menifee Heights Inv., LLC 372-080-031