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21-993RESOLUTION NO. 21-993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE DECLARING THE RESULTS OF THE SPECIAL ELECTION HELD ON JANUARY 20, 2021 AND ORDERING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2015-2 (MAINTENANCE SERVICES) (ANNEXATION NO. 36) WHEREAS, the City Council (the “City Council”) of the City of Menifee (the “City”) has heretofore conducted proceedings, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), for the area proposed to be annexed to Community Facilities District No. 2015-2 (Maintenance Services) of the City of Menifee, County of Riverside, State of California (the “CFD No. 2015-2”), including conducting a public hearing pursuant to the Act; and WHEREAS, at the conclusion of said public hearing, the City Council adopted a resolution calling a special election for January 20, 2021, and submitting to the qualified electors of the territory proposed to be annexed to the CFD No. 2015-2 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property, as provided in the form of the special election ballot attached thereto as Exhibit B; and WHEREAS, the special election was held on January 20, 2021, and the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”) has duly canvassed the returns of the special election and has filed with the City Council a Certificate of Election Results, dated January 20, 2021, executed by the Clerk, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MENIFEE: Section 1. Recitals. The City Council finds and determines that the foregoing recitals are true and correct. Section 2. Approval of Canvass. The City Council has received, reviewed, and hereby accepts the Clerk’s Certificate of Election Results, a copy of which is attached hereto as Exhibit A, and hereby ratifies, confirms, and approves said Certificate of Election Results. Section 3. Ballot Measure. The City Council hereby finds, determines, and declares that more than two-thirds (⅔) of all the votes cast at the special election on the ballot measure were in favor of the ballot measure, the ballot measure passed, and the ballot measure was approved by the qualified electors in accordance with the Act. Section 4. Validity of Procedures. The City Council hereby finds and determines that all prior proceedings and actions taken by the City Council pursuant to the Act were and are valid and in conformity with the Act. Section 5. Annexation. The City Council hereby finds, determines, and declares that pursuant to Government Code section 53339.8, the territory proposed to be annexed is added to and part of the CFD No. 2015-2 with full legal effect, and the City Council is also authorized, pursuant to said Section 53339.8, to annually levy special taxes within the annexed territory to DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8 2 pay the costs of the services to be provided by the CFD No. 2015-2 as specified in Resolution No. 20-985 adopted by the City Council on December 16, 2020. The boundaries of the annexed territory are shown on the map entitled, “Annexation Map No. 36 Community Facilities District No. 2015-2 (Maintenance Services)” a copy of which was recorded, on April 23, 2020, in Book 85 of Maps of Assessment and Community Facilities Districts at Page 9, in the office of the Riverside County Recorder. Section 6. Notice of Special Tax Lien. Pursuant to Government Code section 53339.8 and Streets and Highways Code sections 3114.5 and 3117.5, within fifteen (15) days of the adoption of this Resolution, the City Clerk shall cause to be filed with the County Recorder of the County of Riverside an amendment to the notice of special tax lien and a map of the amended boundaries of the CFD No. 2015-2 including the annexed territory. Section 7. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Menifee at a regular meeting held on this 20th day of January 20, 2021. ATTEST: APPROVED: Sarah A. Manwaring, City Clerk Bill Zimmerman, Mayor APPROVED AS TO FORM: Jeffrey T. Melching, City Attorney DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8 DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8 DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8 DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8 DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8 DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8 DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8 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. 21-993 was duly adopted by the City Council of the City of Menifee at a meeting thereof held on the 20th day of January 2021 by the following vote: Ayes: Deines, Karwin, Liesemeyer, Sobek, Zimmerman Noes: None Absent: None Abstain: None _______________________________ Sarah A. Manwaring, City Clerk DocuSign Envelope ID: 878689F3-EEB7-4A8C-8834-211D4F38F0F8