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2020-293 CFD 2017-1, Annex No. 4oRDINANCE NO. 2020-293 AN ORDINANCE AMENDING ORDINANCE NO. 2017.231 AND LEVYING SPECIAL TAXES TO BE GOLLECTED DURING FISCAL YEAR 2O2O-21TO 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 FACILITTES DTSTRTCT NO. 2017-1 (MAINTENANGE SERVTCES) (ANNEXATTON NO.4) WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the "Act"), on December 6,2017, the City Council (the "City Council") of the City of Menifee (the "City") adopted Resolution No. 17- 658 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 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.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, on January 15, 2020, the City Council adopted Resolution No. 20-856 entitled "A Resolution of the City Council of the City of Menifee Declaring lts lntention to Annex Territory to Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, Adopting a Map of the Area to be Proposed to be Annexed (Annexation No. 4) and Authorizing the Levy of a Special Taxes Therein" (the "Resolution of lntention") declaring its intention to annex certain territory to the CFD No. 2017-1 and to levy special taxes within that territory to provide the Services as described in the Resolution of lntention and setting a special public hearing on the proposed annexation for February 19,2020;and WHEREAS, notice was published as required by the Act relative to the intention of the City Council to annex certain territory to the CFD No. 2017-1, to levy special taxes therein to provide the Services, and to set the time and place of said public hearing; and WHEREAS, on February 19,2020, at the time and place specified in said published notice, the City Council opened and held a public hearing as required by the Act relative to the annexation of territory in to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services by the CFD No.2017-1;and WHEREAS, at said public hearing all persons desiring to be heard on all matters pertaining to the annexation of territory to the CFD No. 2017-1, the levy of the special taxes therein, and the provision of Services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said public hearing, the City Council adopted Resolution No. 20-864 entitled "A Resolution of the City Council of the City of Menifee Calling an Election to Submit to the Qualified Electors the Question of Levying a Special Tax Within the Area Proposed to be Annexed to Community Facilities District No.2017-1 (Maintenance Services) (Annexation No.4)" (the "Resolution Calling the Election") on February 19,2020, wherein the City Council submitted the question of levying a special tax in 1 territory proposed to be annexed to the CFD No. 2017-1 at the rate and according to the method of apportionment described therein; and WHEREAS, at said special election on February 19, 2020, the qualified electors of the territory proposed to be annexed to the CFD No. 2017-l approved said propositions as described in the Resolution Calling the Special Election by more than the twothirds vote required by the Act; and WHEREAS, subsequent to said special election, the City Council adopted Resolution No. 20-865 entitled "A Resolution of the City Council of the City of Menifee Declaring the Results of the Special Election Held on February 19,2020, and Ordering the Annexation of Territory to Community Facilities District No. 2017-1(Maintenance Services) (Annexation No. 4)" wherein the City Council determined that the territory proposed to be annexed was added to the CFD No. 2017-1 (such territory being referred to herein as "Annexation No. 4"). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE, ACTING AS THE LEGTSLATTVE BODY OF COMMUNTTY FACILITTES DTSTRTCT NO. 2017-1 (MAINTENANGE SERVTCES) OF THE CrrY OF MENTFEE, DOES ORDAIN AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct. Section 2. 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 3. 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. Levv of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2020-21, 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 setforth for each 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 4. Future Annexations. The annexation of additional territory into the CFD No. 2017-1 was contemplated as part of the adoption of Resolution No. 17-654. The boundaries of the territory within which any property may annex to the CFD No. 2017-1 are more particularly described and shown on that certain map entitled "Boundaries - Potential Annexation Area Community Facilities District No. 2017-1 (Maintenance Services) of the City of Menifee, County of Riverside, State of California," as recorded on November 7,2017 in Book 81 of Maps of Assessment and Community Facilities District, at Page 70, and as Document No. 2017-0465707 in the official records of the County of Riverside. Following a public hearing and the adoption of resolutions required by the Act for any additional annexations of property within said potential annexation area, Revised Exhibit B of Ordinance No. 2017-231 shall be further amended to include any additional territory annexed to the CFD No. 2017-1. The City Council hereby authorizes and directs the officers, employees, and agents of the City to take all actions and do all things which they, or any of them, may deem necessary or desirable to accomplish the purposes of this Section 4 of this Ordinance to further amend Revised Exhibit B of Ordinance No. 2017-231. Section 5. Severabilitv. lf 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-l shall not be affected. 2 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. 2017-1. 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 Revised Exhibit B will replace Exhibit B of Ordinance No. 2017-231 and Section 2 of Ordinance No. 2017-231will be amended as described herein. This Ordinance was first introduced on the 19th day of February 2020 and APPROVED AND ADOPTED Souncil of the City of Menifee at a regular meeting held on 4th day of March 2020. ATTEST:y,r,M @yor APP TO FORM: T ching, City A 3 APPROVED: 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 (and 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 include 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 are 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. ln 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 lntention. 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. REVISED EXHIBIT B coMMUNrTy FACILIflES DISTRICT NO. 2017-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2020.21 (Effective as of February 19,20201 ASSESSOR'S PARCEL N UMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Stark Menifee Land, LLC See Next PageStark Menifee Land, LLC & Menifee Multifamily, LLC Several 1 MLC Holdinqs 360-21 0-001 2 To Be Determined 3 To Be Determined 4 Lennar Homes of California, lnc.See Next Page REVISED EXHIBIT B (cont.) coMMUNtTY FAC!LtTtES DTSTRTCT NO. 2017-1 (MATNTENANCE SERVICES) ORIGINAL FORMATION ASSESSOR'S PARCEL NUMBERS Assessor's Parcel Numbers 36008006s 360080066 360080073 360080074 360080075 360080086 360080087 3601 3001 3 3601 3001 4 3601 3001 6 360080077 360080079 360080078 360080080 360080081 360080082 360080083 360080085 360080088 360080089 360080067 360080068 360080069 360080070 360080071 360080072 360080090 360080084 ANNEXATION NO.4 ASSESSOR'S PARCEL NUMBERS Assessor's Parcel Numbers 333070069 333070070 333070071 333070075 333070080 333070081 333070082 STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF MENIFEE ) )ss ) l, Sarah A. Manwaring, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2020-293 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 4 of March 2020 by the following vote: Ayes: Deines, Liesemeyer, August, ZimmermanNoes: NoneAbsent: Sobek Abstain: -Nche M MMC Clerk MEN IFEE O6 J /\ A.