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2012108 FY13-14 Maintenance and ServicingORDINANCE NO. 2012-108 AN ORDINANCE LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2013-14 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. 2012-02 (HIDDEN HILLS) WHEREAS, the City Council (the "City Council") of the City of Menifee (the "City") has heretofore adopted Resolution No. 12-268, stating that a community facilities district to be known as "City of Menifee Community Facilities District No. 2012-02 (Hidden Hills), 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 owner of all 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 June 19, 2012, 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 City of Menifee Community Facilities District No. 2012-02 (Hidden Hills), County of Riverside, State of California, and Establishing the Boundaries Thereof' (the "Resolution of Formation") and "Resolution of the City Council of the City of Menifee Calling a Special Election and Submitting to the Voters of City of Menifee Community Facilities District No. 2012-02 (Hidden Hills) a Proposition with Respect to the Annual Levy of Special Taxes Within the Community Facilities District for Paying the Cost of the Services to be Provided Therein, and a Proposition with Respect to the Establishment of an Appropriations Limit for the Community Facilities District" which resolutions 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, respectively; and 29277 00002\74546 15 2 Ordinance 12- CFD No. 2012-02 (Hidden Hills) 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MENIFEE 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 of landscape, which may include but is not limited to all landscaping materials such as turf, ground cover, shrub, trees, plants, irrigation and drainage systems, electricity repair/replacement and inspection, (ii) the maintenance of parks, open space areas, and trails which may include, but is not limited to trees, plant material, sod, irrigation systems, sidewalks, drainage facilities, weed control and other abatements (iii) building of a reserve fund for capital replacement, and (iv) payment of Administrative Expenses, as more completely described in Exhibit "A" to Resolution No. 12-268, Section 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the fiscal year 2013-14, and each fiscal year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "A" attached hereto, and in the amount set forth for each such parcel in said Exhibit "A." 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 Coup. 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 "A" 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 become effective immediately upon its adoption. APPROVED AND ADOPTED this �_Lh day of Jynp, 2012 Denver;'Mayor OVED AS TO FORW_�- Fletcher, City Attorney 292 7 7.00002 \74 5,1615. 2 Ordinance 12- CFD No. 2012-02 (Hidden Hills) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, KATHY BENNETT, City Clerk of the City of Menifee, do hereby attest to and certify the attached Ordinance No. 2012-108 to be the original ordinance adopted by the City Council of the City of Menifee on July 17, 2012 and that said ordinance was published in accordance with the law, Date: &L Kathy Bennett, City Clerk 29277M002\74546 15.2 Ordinance 12- CFD No. 2012-02 (Hidden Hills) EXHIBIT "A" CITY OF MENIFEE COMMUNITY FACILITIES DISTRICT NO. 2012-02 (HIDDEN HILLS) SPECIAL TAX LEVY FISCAL YEAR 2013-14 Assessor's Parcel Numbers 360-180-003 360-700-004 360-710-001 360-720-001 360-180-005 360-700-006 360-710-008 360-720-002 360-180-010 360-700-009 360-710-009 360-720-003 360-180-012 360-700-010 360-710-010 360-720-004 360-180-014 360-700-011 360-710-011 360-720-005 360-180-017 360-700-012 360-710-020 360-720-006 360-180-018 360-700-013 360-710-021 360-720-007 360-700-014 360-710-023 360-720-009 360-700-015 360-710-024 360-720-010 360-700-016 360-710-025 360-720-011 360-700-017 360-710-027 360-720-012 360-700-018 360-710-028 360-720-013 360-700-019 360-710-029 360-720-014 360-700-020 360-710-031 360-720-015 360-700-021 360-710-032 360-720-016 360-700-022 360-710-034 360-720-017 360-700-023 360-710-035 360-720-018 360-700-024 360-710-036 360-720-019 360-700-025 360-710-037 360-720-020 360-700-026 360-710-039 360-720-021 360-700-027 360-710-040 360-720-022 360-700-028 360-720-023 360-700-029 360-720-024 360-700-030 360-720-025 360-700-034 360-720-026 360-700-035 360-720-027 360-700-036 360-720-028 360-700-037 360-720-029 360-700-038 360-720-030 360-700-039 360-720-031 360-700-040 360-720-032 360-720-033 360-720-034 360-720-035 360-720-036 360-720-037 360-720-038 360-720-039 360-720-041 360-720-042 360-720-044 360-720-045 360-720-046 360-720-047 360-720-048 us 2 9277.00002174 54615.2 John V. Denver Mayor Thomas Fuhrman Mayor Pro Tem Wallace W. Edgerton Counclimember Darcy Kuenzi Counclimember Sue Kristjansson Counclimember 29714 Haun Road Menifee, CA 92586 Phone 951.672.6777 Fax 951.679.3843 www.c1tyofrnen1fee.us STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF MENIFEE ) I, Kathy Bennett, City Clerk of the City of Menifee, do hereby certify that the foregoing Ordinance No. 2012-108 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 17`� day of July, 2012 by the following vote: Ayes: Denver, Kristjansson, Kuenzi Noes: Edgerton, Fuhrman Absent: None Abstain: None Ka by ennett, City Clerk