2022-353 CFD NO. 2022-3 (LEGADO) OF THE CITy OF MENIFEE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2oRDtNANCE NO. 2022-353
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MENIFEE,
CALIFORNIA ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF
CoMMUNTTY FACTLTT|ES OISTR|CT NO. 2022-3 (LEGADO) OF THE CrTy OF
MENIFEE AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN
IMPROVEMENT AREA NO. 1 AND IMPROVEMENT AREA NO. 2
WHEREAS, on August 3,2022, the City Council (the "City Council") of the City of
Menifee (the "City") adopted Resolution No. 22-1187 declaring its intention to form Community
Facilities District No. 2022-3 (Legado) of the City of Menifee (the "District") and lmprovement
Area No. 1 ("lmprovement Area No. 1") and lmprovement Area No. 2 ("lmprovement Area No.
2" and together with lmprovement Area No. '1, the "lmprovement Areas" and each an
"lmprovement Area") therein pursuant to the Mello-Roos Community Facilities Act of 1982, as
amended, comprising Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of
the State of California (the "Act"), and its Resolution No. 22-1 188 declaring its intention to incur
bonded indebtedness for each of lmprovement Area No. 1 and lmprovement Area No. 2; and
WHEREAS, on September 21,2022, after providing all notice required by the Act, the
City Council conducted a noticed public hearing required by the Act relative to the proposed
formation of the District, the designation of the lmprovement Areas, the proposed levy of a
special tax therein to finance certain public facilities described in Resolution No. 22-1 187 and to
secure the payment of any bonded indebtedness of the District for the lmprovement Areas, and
the proposed issuance of up to $40,000,000 of bonded indebtedness for lmprovement Area No.
1 and up to $45,000,000 of bonded indebtedness for lmprovement Area No. 2, as described in
Resolution No. 22-1188; and
WHEREAS, at the Septembet 21, 2022 public hearing, all persons desiring to be heard
on all matters pertaining to the formation of the District, the designation of the lmprovement
Areas and the proposed levy of the special tax to finance the facilities described in Resolution
No. 22-1187 and to secure the payment of up to $40,000,000 of bonded indebtedness for
lmprovement Area No. 1 and of up to $45,000,000 of bonded indebtedness for lmprovement
Area No. 2 as described in Resolution No. 22-1188 (together, the "Bonds") were heard and a full
and fair hearing was held; and
WHEREAS, on September 21, 2022, the City Council adopted Resolution Nos.
22-1222 and 22-1223 which formed the District, designated the lmprovement Areas and
called a special election within each of lmprovement Area No. I and lmprovement Area
No. 2 on September 21, 2022 in each case on three propositions relating to the levy of a
special tax within each lmprovement Area, the issuance of the Bonds by the District for each
lmprovement Area and the establishment of an appropriations limit within the District; and
WHEREAS, on September 21 , 2022, a special election was held within lmprovement
Area No. 1 at which the qualified electors therein approved by more than a two-thirds vote
Propositions A, B and C set forth in Attachment B to Resolution No.22-1224, authorizing the
levy of a special tax within lmprovement Area No. 1 for the purposes described in Resolution
No. 22-1187, the issuance of the Bonds for lmprovement Area No. 1 as described in
Resolution No.22-1187 and establishing an appropriations limit for the District; and
WHEREAS, on September 21 , 2022, a special election was held within lmprovement
Area No. 2 at which the qualifled electors therein approved by more than a two-thirds vote
Propositions D, E and F set forth in Attachment C to Resolution No.22-1224 authorizing the
levy of a special tax within lmprovement Area No. 2 for the purposes described in Resolution
No. 22-1187, the issuance of the Bonds for lmprovement Area No. 2 as described in
Resolution No.22-1187 and establishing an appropriations limit for the District; and
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as
follows
Section 2. By the passage of this Ordinance, the City Council authorizes and levies
special taxes within lmprovement Area No. 1 and lmprovement Area No.2 pursuant to
Sections 53328 and 53340 of the Act at the rates and in accordance with the rate and method of
apportionment set forth in Attachment C to Resolution No. 22-1 187 as to lmprovement Area No.
1 and the rate and method of apportionment set forth in Attachment D to Resolution No. 22-
1187 as to lmprovement Area No. 2, which are incorporated by reference herein (each a "Rate
and Method"). The special taxes are hereby levied commencing in the flscal year specifled in
the Rate and Method for such lmprovement Area and in each fiscal year thereafter until
payment in full of the Bonds issued by the District for such lmprovement Area (including any
bonds issued to refund the Bonds), payment of all costs of the public facilities and services
authorized to be financed by the District for such lmprovement Area, and payment of all costs of
administering the District allocable to such lmprovement Area.
Section 3. Each of the Mayor, the City Manager, the Assistant City Manager, or their
written designees (each, an "Authorized Officer"), acting alone, is hereby authorized and
directed each fiscal year to determine the specific special tax rates and amounts to be levied in
such fiscal year on each parcel of real property within lmprovement Area No. 1 and
lmprovement Area No. 2, in the manner and as provided in the Rate and Method applicable to
such lmprovement Area. The special tax rate levied on a parcel pursuant to each Rate and
Method shall not exceed the maximum rate set forth in the Rate and Method for such parcel, but
the special tax may be levied at a lower rate. Each Authorized Officer is hereby authorized and
directed to provide all necessary information to the Treasurer-Tax Collector of the County of
Riverside and to otherwise take all actions necessary in order to effect proper billing and
collection of the special tax within each lmprovement Area, so that the special tax shall be
levied and collected in sufficient amounts and at times necessary to satisfy the financial
obligations of the District for such lmprovement Area in each flscal year, and with respect to
Special Tax, until the Bonds issued by the District for such lmprovement Area are paid in full,
the facilities financed for such lmprovement Area have been paid for, and provision has been
made for payment of all of the administrative costs of the District.
Section 4. Properties or entities of the state, federal or other local governments shall
be exempt from the special tax for each lmprovement Area, except as otherwise provided in
Sections 53317.3 and 53317.5 of the Act and Section F of each Rate and Method. No other
properties or entities within each of the lmprovement Areas are exempt from the special tax
unless the properties or entities are expressly exempted in Resolution No. 22-1222 ot in a
resolution of consideration to levy a new special tax or special taxes or to alter the applicable
Rate and Method or an existing special tax as provided in Section 53334 ofthe Act.
Section 5. All of the collections of the special tax within each lmprovement Area
shall be used as provided for in the Act, the Rate and Method for such lmprovement Area and
Resolution No. 22- 1 223.
2
Section 1. The above recitals are all true and correct.
Section 6.The special tax within each lmprovement Area shall be collected in the
same manner as ordinary ad valorem property taxes are collected and shall be sub.ject to the
same penalties and the same procedure, sale and lien priority rn case of delinquency as is
provided for ad valorem taxes (whach such procedures include the exercise of all rights and
remedies permitted by law to make corrections, including, but not limited to, the issuance of
amended or supplemental tax bills), as such procedure may be modified by law or by this City
Council from time to time.
Section 7. As a cumulative remedy, if any amount levied as a special tax for
payment of the interest or principal of the Bonds issued by the District for an lmprovement Area
(including any bonds issued to refund such Bonds), together with any penalties and other
charges accruing under this Ordinance, are not paid when due, the City Council may, not later
than four years after the due date of the last installment of principal on such Bonds (including
any bonds issued to refund such Bonds), order that the same be collected by an action brought
an the superior court to foreclose the lien of such special tax within the applicable lmprovement
Area, as authorized by the Act.
Section 8.The Mayor of the City shall sign this Ordinance and the City Clerk or any
Acting City Clerk (referred to herein as the "City Clerk") shall attest to the Mayor's signature and
then cause the same to be published within fifteen (15) days after its passage at least once in
The Press Enterprise, a newspaper of general circulation published and circulated in the City of
Menifee.
Section 9
provisions of Section 53340 of the Act.
Section 10. The City Clerk is hereby authorized to transmit a certified copy of this
ordinance to the Treasurer-Tax Collector of the County of Riversade, and to perform all other
acts which are required by the Act, this Ordinance or by law in order to accomplish the purpose
of this Ordinance.
Section 1'1.A full reading of this Ordinance is dispensed with prior to its final passage,
a written or printed copy having been available to the City Council and the public a day prior to
its final passage.
Section 12 This Ordinance shall take effect thirty days after its final passage
The specific authorization for adoption of this Ordinance is pursuant to the
3
This Ordinance was introduced and read on 21st day of September,
2022 and APPROVED ANO ADOPTED this 5th day ol Octobet,2022.
ATTEST:APPROVf,D:
1/x.F
tc Roseen, Acting City Clerk
APPROVED AS TO FORM:
Bill Zimfoglr(9/Mayor
J Melchi ttomey
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PROJECT MAP
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STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss
CITY OF MENIFEE )
l, Stephanie Roseen, City Clerk of the City of Menifee, do hereby certify that the foregoing
Ordinance No. 2022-353 was duly adopted by the City Council of the City of Menifee at a
meeting thereof held on the sth day of October, 2022 by the following vote:
Ayes: Liesemeyer, Karwin, Sobek, Zimmerman,Noes: NoneAbsent: DeinesAbstain: None
p ie Roseen, Acting City Clerk
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