2021-1014RESOLUTION NO. 2021-1014
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE
CITY OF MENIFEE TO INCUR BONDED INDEBTEDNESS IN AN
AMOUNT NOT TO EXCEED $17,000,000 WITHIN PROPOSED
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER
PARK) OF THE CITY OF MENIFEE
WHEREAS, the City Council of the City of Menifee (the “City Council”) upon receipt of a
petition as provided in Section 53318 of the Government Code of the State of California
instituted proceedings to form Community Facilities District No. 2021-1 (Banner Park) of the City
of Menifee (“Community Facilities District No. 2021-1” or the “District”) pursuant to the Mello-
Roos Community Facilities Act of 1982 (the “Act”), as amended, pursuant to Resolution No.
21-1013 adopted by the City Council on the date hereof to finance (1) the purchase,
construction, modification, expansion, improvement and/or rehabilitation of public facilities
identified in Attachment “A” hereto and incorporated herein by this reference, including
all furnishings, equipment and supplies related thereto (collectively, the “Facilities”) and
(2) the incidental expenses to be incurred in financing the Facilities and forming and
administering the District (the “Incidental Expenses”); and,
WHEREAS, the City Council estimates that the amount required to finance the Facilities
and Incidental Expenses is approximately $17,000,000; and,
WHEREAS, in order to finance the Facilities and Incidental Expenses, the City Council
intends to authorize the issuance of bonds in the maximum aggregate principal amount of
$17,000,000, the repayment of which is to be secured by special taxes levied in accordance
with Section 53328 of the Act on all property in the proposed Community Facilities District No.
2021-1, other than those properties exempted from taxation in the rate and method of
apportionment set forth in Attachment “C” to Resolution No. 21-1013.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2. It is necessary to incur bonded indebtedness within the boundaries of proposed
Community Facilities District No. 2021-1 in an amount not to exceed $17,000,000 to finance the
costs of the Facilities and Incidental Expenses, as permitted by the Act.
Section 3. The indebtedness will be incurred for the purpose of financing the costs of the
Facilities and the Incidental Expenses, including, but not limited to, the funding of reserve funds
for the bonds, the financing of costs associated with the issuance of the bonds and all other
costs and expenses necessary to finance the Facilities which are permitted to be financed
pursuant to the Act.
Section 4. It is the intent of the City Council to authorize the sale of bonds in one or more
series, in the maximum aggregate principal amount of $17,000,000 and at a maximum interest
rate not in excess of 12 percent per annum, or a higher rate not in excess of the maximum rate
permitted by law at the time that the bonds are issued. The term of the bonds of each series
shall be determined pursuant to a resolution of this City Council acting in its capacity as the
4844-4482-7869v3/200299-0005
DocuSign Envelope ID: 1C266B61-9CD6-4239-9D9E-130544F332BFDocuSign Envelope ID: F32CC958-BE77-4867-89A8-C1008CF93E4E
2
4844-4482-7869v3/200299-0005
legislative body of the District authorizing the issuance of the bonds of such series, but such
term shall in no event exceed 35 years from the date of issuance of the bonds of such series, or
such longer term as is then permitted by law.
Section 5. A public hearing (the “Hearing”) on the proposed issuance of bonded
indebtedness shall be held at 6:00 p.m. or as soon thereafter as practicable, on June 2, 2021, at
the City Council Chambers, 29844 Haun Road, Menifee, California. Notwithstanding the
foregoing, consistent with the Governor of the State of California’s Executive Order N-29-20 or
other applicable directives, the Hearing may be held remotely with public participation via
methods to be set forth in the City Council’s agenda.
Section 6. At the time and place set forth in this Resolution for the Hearing, any interested
persons, including all persons owning land or registered to vote within proposed Community
Facilities District No. 2021-1, may appear and be heard.
Section 7. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing
pursuant to Section 6061 of the Government Code in a newspaper of general circulation
published in the area of the proposed Community Facilities District No. 2021-1. Such
publication shall be completed at least seven days prior to the date of the Hearing. The City
Clerk is further directed to mail a copy of the Notice to each of the landowners within the
boundaries of proposed Community Facilities District No. 2021-1 at least 15 days prior to the
Hearing.
PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting
held on this 21st day of April, 2021.
ATTEST:APPROVED:
Sarah A. Manwaring, City Clerk Bill Zimmerman, Mayor
APPROVED AS TO FORM:
Jeffrey T. Melching, City Attorney
DocuSign Envelope ID: 1C266B61-9CD6-4239-9D9E-130544F332BFDocuSign Envelope ID: F32CC958-BE77-4867-89A8-C1008CF93E4E
A-1
4844-4482-7869v3/200299-0005
ATTACHMENT A
Types of Facilities
to Be Financed by Community
Facilities District No. 2021-1 (Banner Park) of the City of Menifee
The proposed types of public facilities and expenses to be financed by the District
include:
The construction, purchase, modification, expansion, rehabilitation and/or improvement
of (i) drainage, library, park, roadway, traffic, administration and general government facilities,
animal shelter facilities, fire and public safety facilities, and other public facilities of the City,
including the foregoing public facilities which are included in the City’s fee programs with
respect to such facilities and authorized to be financed under the Mello-Roos Community
Facilities Act of 1982, as amended (the “City Facilities”); (ii) water and sewer facilities including
the acquisition of capacity in the sewer system and/or water system of Eastern Municipal Water
District which are included in Eastern Municipal Water District’s water and sewer capacity and
connection fee programs (the “Water District Facilities”), (iii) interim and permanent school
facilities of Menifee Union School District, including classrooms, multi-purpose facilities,
administration and auxiliary space at school facilities, athletic fields, playgrounds and
recreational facilities and improvements thereto, landscaping, access roadways, drainage,
sidewalks and gutters and utility lines, furniture, equipment and technology, including
technology upgrades and mobile devices and infrastructure therefore, with a useful life of at
least five (5) years at such school facilities, including such school facilities of Menifee Union
School District which are included in Menifee Union School District’s school fee program (the
“School Facilities”), and (iv) electrical utility undergrounding and dry utilities (the “Utilities and
together, with the City Facilities, the Water Facilities, and the School Facilities, the “Facilities”),
and all appurtenances and appurtenant work in connection with the foregoing Facilities,
including the cost of engineering, planning, designing, materials testing, coordination,
construction staking, construction management and supervision for such Facilities, and to
finance the incidental expenses to be incurred, including:
a. The cost of engineering, planning and designing the Facilities;
b. All costs, including costs of the property owner petitioning to form the District,
associated with the creation of the District, the issuance of the bonds, the determination of the
amount of special taxes to be levied and costs otherwise incurred in order to carry out the
authorized purposes of the District; and
c. Any other expenses incidental to the construction, acquisition, modification,
rehabilitation, completion and inspection of the Facilities.
Capitalized terms used and not defined herein shall have the meaning set forth in the
Rate and Method of Apportionment of Special Taxes for the District.
DocuSign Envelope ID: 1C266B61-9CD6-4239-9D9E-130544F332BFDocuSign Envelope ID: F32CC958-BE77-4867-89A8-C1008CF93E4E
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 City
Council Resolution No. 21- 1014 was duly adopted by the City Council of the City of Menifee at
a meeting thereof held on the 21st of April 2021 by the following vote:
Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman
Noes: None
Absent: None
Abstain: None
_______________________________
Sarah A. Manwaring, MMC
City Clerk
DocuSign Envelope ID: 1C266B61-9CD6-4239-9D9E-130544F332BFDocuSign Envelope ID: F32CC958-BE77-4867-89A8-C1008CF93E4E