2023-373 CFD No. 2023-1 (Rockport Ranch) of the City of Menifee Authorizing the Levy of Special TaxesORDINANCE NO. 2023-373
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MENIFEE, CALIFORNIA ACTING IN ITS CAPACITY AS THE
LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT
NO. 2023-1 (ROCKPORT RANCH) OF THE CITY OF MENIFEE
AUTHORIZING THE LEVY OF SPECIAL TAXES
WHEREAS, on May 3, 2023, the City Council (the "City Council") of the City of Menifee
(the "City") adopted Resolution No. 23-1315 declaring its intention to form Community Facilities
District No. 2023-1 (Rockport Ranch) of the City of Menifee (the "District") 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. 23-1316 declaring its intention to incur bonded indebtedness for the District; and
WHEREAS, on June 7, 2023, 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 proposed levy of a special tax therein to finance certain public facilities described in
Resolution No. 23-1315 and to secure the payment of any bonded indebtedness of the District,
and the proposed issuance of up to $23,000,000 of bonded indebtedness as described in
Resolution No. 23-1316; and
WHEREAS, at the June 7, 2023, public hearing, all persons desiring to be heard on all
matters pertaining to the formation of the District and the proposed levy of the special tax to
finance the facilities described in Resolution No. 23-1315 and to secure the payment of up to
$23,000,000 of bonded indebtedness of the District as described in Resolution No. 23-1315 (the
"Bonds") were heard and a full and fair hearing was held; and
WHEREAS, on June 7, 2023, the City Council adopted Resolution Nos. 23-1327 and 23-
1328, which formed the District and called a special election within the District on June 7, 2023,
on three propositions relating to the levy of a special tax within the District, the issuance of the
Bonds and the establishment of an appropriations limit within the District; and
WHEREAS, on June 7, 2023, a special election was held within the District at which the
qualified electors approved by more than a two-thirds vote Propositions A, B and C authorizing
the levy of a special tax within the District for the purposes described in Resolution No. 23-1327,
the issuance of the Bonds as described in Resolution No. 23-1328 and establishing an
appropriations limit for the District.
NOW, THEREFORE, the City Council of the City of Menifee, California does ordain as
follows:
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Ordinance Levying Special Taxes for CFD No. 2023-1 (Rockport Ranch)
Section 1. The above recitals are all true and correct
Section 2. By the passage of this Ordinance, the City Council authorizes and levies special
taxes within the District 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. 23-1315, which is incorporated by reference
herein (the "Rate and Method"). The special taxes are hereby levied commencing
in the fiscal year specified in the Rate and Method and in each fiscal year thereafter
until payment in full of the Bonds (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, and payment of all costs of administering the District.
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 the District, in
the manner and as provided in the Rate and Method. The special tax rate levied
on a parcel pursuant to the 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, 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 in each fiscal year, and with respect to the Special Tax,
until the Bonds are paid in full, the facilities 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, except as otherwise provided in Sections 53317.3
and 53317.5 of the Act and Section F of the Rate and Method. No other properties
or entities are exempt from the special tax unless the properties or entities are
expressly exempted in Resolution No. 23-1327 or in a resolution of consideration
to levy a new special tax or special taxes or to alter the rate or method of
apportionment or an existing special tax as provided in Section 53334 of the Act.
Section 5. All of the collections of the special tax shall be used as provided for in the Act, the
Rate and Method and Resolution No. 23-1327.
Section 6. The special tax 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 (which 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.
RIA
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Ordinance Levying Special Taxes for CFD No. 2023-1 (Rockport Ranch)
Section 7. As a cumulative remedy, if any amount levied as a special tax for payment of the
interest or principal of the Bonds (including any bonds issued to refund the 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 the Bonds (including any bonds issued
to refund the Bonds), order that the same be collected by an action brought in the
superior court to foreclose the lien of such special tax, as authorized by the Act.
Section 8. The Mayor of the City shall sign this Ordinance and the City Clerk or Deputy 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. The specific authorization for adoption of this Ordinance is pursuant to the
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 Riverside, 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 11. 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 (30) days after its final passage.
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4890-7830-3827v4/200299-0015
Ordinance Levying Special Taxes for CFD No. 2023-1 (Rockport Ranch)
This Ordinance was introduced and read on the 7th day of June, 2023 and
APPROVED AND ADOPTED this 21st day of June, 2023.
Stephanie Roseen, Acting City Clerk
Approv s to form:
Jeffrey T. Melching, City Attorney
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Bill ZimmeUU
rman, Mayor
4890-7830-3827v4/200299-0015
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MENIFEE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF MENIFEE )
I, Stephanie Roseen, Acting City Clerk of the City of Menifee, do hereby certify that the
foregoing Ordinance No. 2023-373 was duly adopted by the City Council of the City of Menifee
at a meeting thereof held on the 21st Day of June 2023 by the following vote:
Ayes: Deines, Estrada, Sobek, Zimmerman,
Noes: None
Absent: Karwin
Abstain: None
e anie Roseen, Acting City Clerk