2012108 Maintenance and Servicing of Public Areas - UnsignedCITY OF MENIFEE
SECOND READING AND ADOPTION OF ORDINANCE NO. 2012-108
LEVYING SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO.
2012-02 (HIDDEN HILLS)
MEETING DATE' July 17, 2012
TO: Mayor and City Council
PREPARED BY: Terri A. Willoughby, Finance Director
REVIEWED BY: William A. Rawlings, City Manager
SUBJECT: Second Reading and Adoption of Ordinance No. 2012-108
Levying Special Taxes for Community Facilities District No.
2012-02 (Hidden Hills)
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RECOMMENDED ACTION
Second Reading and adoption of Ordinance No. 2012-108 levying special taxes, for first reading
by title only and schedule for second reading and adoption on July 3, 2012.
DISCUSSION
City Council held a public hearing and first reading of Ordinance No. 2012-108 for the
formation of a Community Facilities District (CFD) No. 2012-02 for Hidden Hills. This is
the second reading and adoption of that ordinance.
FISCAL IMPACT
All costs associated with forming the District have been borne by the Developer. By
forming the District, the costs of maintaining improvements located within the
Development will be financed through special taxes levied on the pr perty owners
specific to the Hidden Hills development. ,
ATTACHMENTS
Ordinance No. 2012-108
103
ORDINANCE 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\7454615.2
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 Count. 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 19th day of June, 2012.
John V. Denver, Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, City Attorney
29277,00002\7454615.2 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:
Kathy Bennett, City Clerk
29277M00217454615.2
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
360-720-00.3
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
A-1
29277.60002k7454615 2