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21-1032RESOLUTION NO. 21-1032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER PARK) OF THE CITY OF MENIFEE CERTIFYING ELECTION RESULTS WHEREAS, the City Council of the City of Menifee called and duly held an election on June 2, 2021 within the boundaries of Community Facilities District No. 2021-1 (Banner Park) of the City of Menifee ("Community Facilities District No. 2021-1" or the "District") pursuant to Resolution Nos. 21-1030 and 21-1031 for the purpose of presenting to the qualified electors within the District Propositions A, B and C, attached hereto as Attachment A; and WHEREAS, there has been presented to this City Council a certificate of the City Clerk or Deputy City Clerk (referred to herein as the "City Clerk") canvassing the results of the election, a copy of which is attached hereto as Attachment B; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MENIFEE HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. Each of the above recitals is true and correct and is adopted by the legislative body of the District. Section 2. Propositions A, B and C presented to the qualified electors of the District on June 2, 2021 were approved by more than two-thirds of the votes cast at said election and Propositions A, B and C each has carried. The City Council, acting as the legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition B for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition B and to issue bonds in an amount not to exceed $17,000,000 specified in Proposition A. Section 3. The City Clerk is hereby directed to record in the Recorder's office of the County of Riverside within fifteen days of the special tax lien with respect to the District which Bond Counsel to the the form required by Streets and Highways Code Section 3114.5. 4816-1286-0904v4/200299-0005 Assessor -County Clerk - date hereof a notice of District shall prepare in Section 4. This Resolution shall be effective upon its adoption. PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 2"d day of June, 2021. AS TO FORM: T.'Melching, City 2 4816-1286-0904v4/200299-0005 APPROVED: Bill Zimm&abJmayor CI CITY &L I EE OFFICIAL BALLOT MAY 2 4 2021 RECEIVED COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER PARK) OF THE CITY OF MENIFEE SPECIAL TAX AND SPECIAL BOND ELECTION You are entitled to cast 25 votes. To vote, stamp a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2021-1 (Banner Park) of the City of Menifee (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $17,000,000, with interest at a rate or rates not to exceed the YES ` maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2021-1013 of NO the City Council of the City of Menifee? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 2021-1013 of the City Council of the City of Menifee be levied to pay for the Facilities, YES Incidental Expenses and other purposes described in Resolution No. 2021-1013, including the payment of the principal of and NO interest on bonds issued to finance the Facilities and Incidental Expenses? PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by subdivision (h) YES of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to $4,000,000? NO Pulte Home Company, LLC CITCITY CMP, OFFICIAL BALLOT MAY 2 5 2021 RECEIVED COMMUNITY FACILITIES DISTRICT NO. 2021-1 (BANNER PARK) OF THE CITY OF MENIFEE SPECIAL TAX AND SPECIAL BOND ELECTION You are entitled to cast 32 votes. To vote, stamp a cross (+) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk and obtain another. PROPOSITION A: Shall Community Facilities District No. 2021-1 (Banner Park) of the City of Menifee (the "District") incur an indebtedness and issue bonds in the maximum principal amount of $17,000,000, with interest at a rate or rates not to exceed the YES maximum interest rate permitted by law, to finance the Facilities and the Incidental Expenses described in Resolution No. 2021-1013 of NO the City Council of the City of Menifee? PROPOSITION B: Shall a special tax with a rate and method of apportionment as provided in Resolution No. 2021-1013 of the City _ Council of the City of Menifee be levied to pay for the Facilities, YES Incidental Expenses and other purposes described in Resolution No. 2021-1013, including the payment of the principal of and NO interest on bonds issued to finance the Facilities and Incidental Expenses? PROPOSITION C: For each year commencing with Fiscal Year 2021-22, shall the appropriations limit, as defined by subdivision (h) YES of Section 8 of Article XIII B of the California Constitution, for the District be an amount equal to $4,000,000? NO Diamond Brother Five Partnership, LP ATTACHMENT B CERTIFICATE OF CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, Sarah Manwaring, City Clerk of the City of Menifee, do hereby certify that I have examined the returns of the Special Tax and Bond Election for Community Facilities District No. 2021-1 (Banner Park) of the City of Menifee (the "City"). The election was held in the City Council Chambers, 29844 Haun Road, Menifee, California, on June 2, 2021. 1 caused to be delivered ballots to each qualified elector. 2 (_) ballots were returned. I further certify that the results of said election and the number of votes cast for and against Propositions A, B and C are as follows: PROPOSITION A YES: 57 NO: TOTAL: s7 Dated this 2"d day of June, 2021. 4816-1286-0904v4/200299-0005 PROPOSITION B YES: S? NO: 0 TOTAL: J 7 PROPOSITION C YES: 37 NO: 0 TOTAL: 57 Sarah Manwaring Sarah Manwaring, City Clerk City of Menifee 01'TY pp tAENIFEE 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 Resolution No. 21- 1032 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 2nd day of June 2021 by the following vote: Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman Noes: None Absent: None