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2018-245 Amending Ord. No. 2017-231 Levy Taxes District No. 2017-1 Maintenance Services ORDINANCE NO. 2018-245 AN ORDINANCE AMENDING ORDINANCE NO. 2017-231 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2018-19 TO PAY THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the"Act"), the City Council (the "City Council") of the City of Menifee (the "City") adopted Resolution No. 17-654 establishing Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the "CFD No. 2017-1") 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 December 20, 2017, the City Council adopted Ordinance No. 2017-231 entitled, "An Ordinance Levying Special Taxes to be Collected During Fiscal Year 2018-19 to pay the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to city of Menifee Community Facilities District No. 2017-1 (Maintenance Services) ("Ordinance No. 2017-231"), pursuant to which the City Council levied special taxes with the CFD No. 2017-1; 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. 2017-1 for Fiscal Year 2018-19 and subsequent fiscal years for the purposes of paying for the Services provided by CFD No. 2017-1. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF MENIFEE,ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO.2017-1 (MAINTENANCE SERVICES) OF THE CITY OF MENIFEE, DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. 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 landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and trail maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit"A" to Resolution No. 17-654, attached hereto and by this reference made a part hereof. Section 3. Amendment to Exhibit B of Ordinance No. 2017-231. Exhibit B of Ordinance No. 2017- 231 is hereby amended by deleting it in its entirety and replacing it with Revised Exhibit B attached hereto. Section 4. Amendment to Section 2 of Ordinance No. 2017-231. Section 2 of Ordinance No. 2017- 231 is hereby amended by deleting it in its entirety and replacing it with the following: Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2018-19, and each Fiscal Year thereafter, on all parcels of real property within the Community Facilities District which are subject to taxation, which are identified in Revised Exhibit B attached hereto,and in the amount set forth for each Date Adopted:August 15,2018 Page 1 of 2 such parcel in said Revised 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 5. 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 Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. Section 6. 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. 2017-1, 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. 2017-1 shall not be affected. Section 7. 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. 2017-1. Section 8. Effective Date. This Ordinance shall take effect and shall be in force thirty (30) days after the date of its adoption, at which time Revised Exhibit B will replace Exhibit B of Ordinance No. 2017-231 and Section 2 of Ordinance No. 2017-231 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: Sa� Akr Manwaring, City Clerk Bill Zimmn, ayor _PPPROVED AS TO FORM: J T. etching, City A rney Date Adopted:August 15,2018 Page 2 of 2 '%TY op. IAENIFEt;? \ / 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. 2018-245 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 Sarah A. Manwaring, City Cler, EXHIBIT A DESCRIPTION OF SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2017-1, 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 and traffic signals; 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. 2017-1; as well as local roads within residential subdivisions located within CFD No. 2017-1; and any portions adjacent to the properties within CFD No. 2017-1. 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. 2017-1 or for the benefit of the properties within the boundaries of CFD No. 2017-1, 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. 2017-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2017-1 before CFD No. 2017-1 was created. EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2018-19 ASSESSOR'S PARCEL NUMBERS APN APN APN APN APN 360130013 360850031 360850019 360860003 360860008 360130014 360850015 360850020 360860004 360860009 360130016 360850016 360850021 360860005 360860010 360850029 360850017 360860001 360860006 360860011 360850030 360850018 360860002 360860007 360860012 360860013 360860014 360860015