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2018-242 Amending Ord. No. 2014-153 Levy Taxes District No. 2014-1 Town Center ORDINANCE NO. 2018-242 AN ORDINANCE AMENDING ORDINANCE NO. 2014-153 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2018-19 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. 2014-1 (TOWN CENTER) WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), on August 6, 2014, the City Council (the "City Council") of the City of Menifee (the "City") adopted Resolution No. 14-390 establishing Community Facilities District No. 2014-1 (Town Center) of the City of Menifee, County of Riverside, State of California (the"CFD No. 2014-1") for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services (the"Services"), which are necessary to meet increased demands placed upon the City and are described in Exhibit A attached hereto; and WHEREAS,on August 20, 2014, the City Council adopted Ordinance No. 2014-153 entitled, "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. 2014-1 (Town Center)" ("Ordinance No. 2014-153"), pursuant to which the City Council levied special taxes with the CFD No. 2014-1; and WHEREAS, the City Council has determined that it is necessary and in the public interest that pursuant to Sections 53340 and 53358 of the Government Code special taxes be levied on parcels of taxable property in CFD No. 2014-1 for Fiscal Year 2018-19 and subsequent fiscal years for the purposes of paying for the Services provided by CFD No. 2014-1. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MENIFEE,ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TOWN CENTER) OF THE CITY OF MENIFEE, DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. Findin-gs. 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, (ii) the operation and maintenance of storm drainage systems, (iii) a reserve fund for capital replacement, and (iv) administrative expenses, all as more completely described in the Resolution of Formation. Section 3. Amendment to Section 3 of Ordinance No. 2014-153. Section 3 of Ordinance No. 2014- 153 is hereby amended by deleting it in its entirety and replacing it with the following: Section 3. Annual Rate Determination. The CFD Administrator is hereby further authorized to determine on or before August 10 each year, or such other date as is established by law or by the County Auditor-Controller of the County of Riverside, the specific Special Tax to be levied on each parcel of land in the CFD No. 2014-1, which are identified in Exhibit A attached hereto, except that special taxes to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate. Date Adopted:August 15,2018 Page 1 of 2 Section 4. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and 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 Revised Exhibit B hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. Section 5. Severability. If for any reason any portion of this Ordinance is found to be invalid, or if the special taxes found inapplicable to any particular parcel within the CFD No. 2014-1, by a court of competent jurisdiction, the balance of this Ordinance and the application of the special tax to the remaining parcels within the CFD No. 2014-1 shall not be affected. Section 6. Authorization to Publish Ordinance. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall, within fifteen (15) days of its adoption, cause it or a summary of it to be published at least once in a newspaper of general circulation published and circulated in the City and the CFD No. 2014-1. Section 7. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Exhibit A will be added to Ordinance No. 2014-153 and Section 3 of Ordinance No. 2014-153 will be amended as described herein. This Ordinance was introduced and read on the 18th day of July and PASSED, APPROVED AND ADOPTED this 15th day of August, 2018. ATTEST: APPROVED: � r S ah Manwa in , City Cle- Bill Zi n, Mayor APPROVED AS TO FORM: r JeV. UTIching, City Att r y Date Adopted:August 15,2018 Page 2 of 2 ,%TY pp .MENIF�EE 100, STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2018-242 was introduced by title on the 18th of July, 2018 and duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 15th of August, 2018 by the following vote: Ayes: August, Denver, Liesemeyer, Sobek, Zimmerman Noes: None Absent: None Abstain: None Sa �Ar PJIanwavring, City ClerV EXHIBIT A COMMUNITY FACILITIES DISTRICT NO. 2014-1 (TOWN CENTER) SPECIAL TAX FISCAL YEAR 2018-19 ASSESSOR'S PARCEL NUMBERS APN APN APN APN 360850001 360850004 360850006 360850008 360850002 360850005 360850007 360850009 360850003