Community Facilities District No. 2004

Transcription

Community Facilities District No. 2004
RESOLUTION NO. 2003-04/62
A RESOLUTION OF INTENTION TO ESTABLISH A COMMUNITY FACILITIES
DISTRICT AND TO AUTHORIZE THE LEVY OF SPECIAL TAXES THEREIN
Community Facilities District No. 2004-2of the
Menifee Union School District
WHEREAS, representatives of the Menifee Union School District (District), and CSO
Family, LLC (Developer) have been discussing the formation of a community facilities district
(CFD) with respect to certain property to be developed by Developer (the Property); and
WHEREAS, the Secretary of the Board of Trustees (Board) has received a written
petition (the Petition) from the owners of not less than ten percent (10%) of the area of land
proposed to be included within the CFD requesting commencement of proceedings for the
formation of the CFD as hereinafter provided; and
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982, as amended
(the Act), Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing at Section 53311, et seq. of
the California Government Code, this Board is empowered with authority to establish the CFD
and to act as the legislative body for the proposed CFD; and
WHEREAS, this Board has reviewed the Petition and found it to be in proper form, and
now desires to proceed with establishment of the CFD under the Act in order to finance certain
public facilities; and
WHEREAS, District and Developer agree to fund certain school improvements and
related costs and certain fees and charges and improvements which would be required by or
payable to the Eastern Municipal Water District (EMWD), to be used for EMWD facilities and
improvements, as permitted by the Act and as more specifically described in Exhibit A attached
hereto and incorporated herein by reference; and
WHEREAS, District and Developer will enter into a Joint Community Facilities
Agreement (JCFA) with EMWD, as permitted by the Act, with the JCFA to be approved by all
parties prior to the adoption by this Board of a Resolution of Formation;
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1.
This Board proposes to conduct proceedings to establish a CFD pursuant to the
Act.
2.
This Board hereby acknowledges receipt of the Petition and makes it a part of the
proceedings to form this CFD.
3.
The name proposed for the CFD is the Community Facilities District No. 2004-2
of the Menifee Union School District.
4.
The Board hereby finds and determines that the Clerk of the Board has similar
powers and duties as the "Clerk" (as that term is defined in Section 53317(a) of the Act), and
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therefore, the Clerk of the Board, or his/her designee (the Clerk) is hereby authorized and
directed to perform all functions of the Clerk under the Act.
5.
The proposed boundaries of the CFD include the entire Property, and are as
shown on the map of the CFD on file with the Clerk, which boundaries are hereby preliminarily
approved and to which map reference is hereby made for further particulars. The Clerk is hereby
directed to record, or cause to be recorded, said map of the boundaries of the CFD in the office
of the County Recorder of the County of Riverside within fifteen (15) days of the date of
adoption of this Resolution.
6.
The type of public facilities, services and equipment proposed to be financed by
the CFD pursuant to the Act shall consist of those items listed as facilities on Exhibit A hereto
and by this reference incorporated herein (the Facilities).
7.
The Board hereby finds and determines that the public interest will not be served
by allowing the property owners in the CFD to enter into a contract in accordance with Section
53329.5(a) of the Act.
8.
Except to the extent that funds are otherwise available to the CFD to pay for the
Facilities and/or the principal and interest as it becomes due on bonds of the CFD issued to
finance the Facilities, a special tax sufficient to pay the costs thereof, secured by recordation of
the continuing lien against all non-exempt real property in the CFD, is intended to be levied
annually within the CFD, and collected in the same manner as ordinary ad valorem property
taxes, or in such other manner as this Board or its designee shall determine, including direct
billing of the affected property owners. The proposed rate and method of apportionment of the
special tax among the parcels of real property within the CFD, in sufficient detail to allow each
landowner within the proposed CFD to estimate the maximum amount such owner will have to
pay, are set forth in Exhibit B attached hereto and by this reference incorporated herein.
9.
The Board hereby finds that the provisions of Section 53313.9 of the Act (relating
to possible credit for state school funds) may be applicable to the CFD.
10.
It is the intention of this Board, acting as the legislative body for the CFD, to
cause bonds of the District to be issued for the CFD pursuant to the Act (Bonds) to finance in
whole or in part the acquisition and construction of the Facilities. Said Bonds shall be in the
aggregate principal amount of not to exceed Five Million Five Hundred Thousand Dollars
($5,500,000), shall bear interest payable semi-annually or in such other manner as this Board
shall determine, at a rate not to exceed the maximum rate of interest as may be authorized by
applicable law at the tune the Bonds are sold, and shall mature at a date not to exceed thirty-three
(33) years from the date of the issuance thereof (Fiscal Year 2040-41). The special taxes on any
residential property shall not increase each year, and under no circumstances will the special tax
levied against any parcel be increased as a consequence of the delinquency or default by the
owner of another parcel or parcels within the CFD by more than 10%.
11.
The levy of said proposed special tax shall be subject to the approval of the
qualified electors of the CFD at a special election. The proposed voting procedure shall be by
mail or hand-delivered ballot among the landowners in the proposed CFD, with each owner
having one vote for each acre or portion of an acre such owner owns within the CFD.
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12.
Except as may otherwise be provided by law, all lands owned by any public
entity, including the United States, the State of California or the District, or any departments or
political subdivisions thereof, shall be omitted from the levy of the special tax to cover the costs
and expenses of the Facilities.
13.
The Assistant Superintendent, Business Services, of the District, as the officer
having charge and control of the Facilities hi and for the CFD, is hereby directed to study said
proposed facilities and to make, or cause to be made, and file with the Secretary a report in
writing, presenting the following: (a) a description of the Facilities by type, which will be
required to adequately meet the needs of the CFD; and (b) an estimate of the fair and reasonable
cost of financing the Facilities, including the cost of acquisition of lands, rights-of-way and
easements, any physical facilities required in conjunction therewith, and incidental expenses hi
connection with said financing, including the costs of any proposed bond financing and all other
related costs as provided in Section 53345.3 of the Act. The report shall be made a part of the
record of the public hearing provided for below.
14.
The Board, as the legislative body for the CFD, hereby fixes the time and place
when and where this Board, as the legislative body for the CFD, will conduct a public hearing on
the establishment of the CFD and consider and finally determine whether the public interest,
convenience and necessity require formation of the CFD, and the levy of said special tax for July
27, 2004, at 4:00 P.M. or as soon thereafter as practicable, at the District office, 30205 Menifee
Road, Menifee, California.
15.
The Clerk is hereby directed to cause notice of said public hearing to be given by
publication one time in a newspaper published in the area of the CFD. The publication of said
notice shall be completed at least seven (7) days before the date herein set for said hearing. Said
notice shall be substantially hi the form specified in Section 53322, et seq. of the Act. Notice
shall also be mailed to each landowner pursuant to Section 53322.4, and a copy of this
Resolution shall be sent to the County of Riverside as required by Section 53315.6.
16.
Pursuant to Section 53314.9 of the Act, the District proposes to repay Developer
solely from the proceeds of District Bonds if issued by the CFD for funds advanced by
Developer and used to pay District costs in forming the CFD.
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17.
This Resolution shall take effect upon its adoption.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Board of Trustees of the Menifee Union School District at a duly-noticed meeting held on the
22nd day of June 2004, by the following vote:
vi>
AYES:
NOES:
ABSTAIN:
ABSENT:
Members G i a r d i n e l l i , Morrison, O ' D o n r i e l l , Peters
None
None
Member Hanson
(/
v
Secretary of the Board
Menifee Union School District
ATTEST:
Qerk of the Board
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EXHIBIT A
Community Facilities District No. 2004-2 of the
Menifee Union School District
DESCRIPTION OF FACILITIES TO BE FINANCED
The types of Facilities proposed to be financed by Community Facilities District No.
2004-2 (CFD) of the Menifee Union School District (District) under the Mello-Roos Community
Facilities Act of 1982, as amended (the Act) are as follows:
"Facilities" means those K-8 school sites, school facilities, including classrooms, on-site
office space at a school, central support and administrative facilities, interim housing, furniture,
equipment, technology, busses, and transportation facilities needed by District in order to serve
the student population to be generated as a result of development of the property within the CFD,
and also includes any of the following: payment of fees to be paid to and/or for improvements to
be owned by Eastern Municipal Water District, including, but not limited to, sewer and water
system facilities, including capacity in existing facilities and sewage treatment and disposal
capacity, through a Joint Community Facilities Agreement, to the extent permitted by law.
"Facilities" shall also include the attributable costs of engineering, design, planning,
materials testing, coordination, construction staking, and construction, together with the expenses
related to issuance and sale of any "debt", as defined in Section 53317(d) of the Act, including
underwriters' discount, appraisals, market studies, reserve fund, capitalized interest, bond
counsel, special tax consultant, bond and official statement printing, administrative expenses of
the District, the CFD and bond trustee or fiscal agent related to the CFD, and any such debt and
all other incidental expenses. The Facilities shall be constructed, whether or not acquired in their
completed states, pursuant to plans and specifications approved by the District.
The Facilities listed in this Exhibit A are representative of the types of improvements
be furnished by the CFD. Detailed scope and limits of specific projects will be determined
appropriate, consistent with the standards of the District. Addition, deletion or modification
descriptions of Facilities may be made consistent with the requirements of the Board
Education of the District, the CFD and the Act.
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EXHIBIT A
to
as
of
of
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2004-2
OF MENIFEE UNION SCHOOL DISTRICT
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes of Menifee Union School District ("School District") in Community Facilities
District ("CFD") No. 2004-2. An Annual Special Tax shall be levied on and collected in CFD No.
2004-2 each Fiscal Year in an amount determined through the application of the Rate and Method
of Apportionment described below. All of the real property in CFD No. 2004-2, unless exempted
by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner
herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acreage" means the number of acres of land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the Board may
rely on the land area shown on the applicable final map, parcel map, condominium plan, or other
recorded County parcel map.
"Act" means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means any ordinary and necessary expense incurred by the School
District on behalf of CFD No. 2004-2 related to the determination of the amount of the levy of
Special Taxes, the collection of Special Taxes including the reasonable expenses of collecting
delinquencies, the administration of Bonds, the payment of salaries and benefits of any School
District employee whose duties are directly related to the administration of CFD No. 2004-2, and
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2004-2.
"Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's
Parcel.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an
assigned Assessor's Parcel Number within the boundaries of CFD No. 2004-2.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County
for purposes of identification.
"Assigned Annual Special Tax" means the Special Tax of that name described in Section D.
"Backup Annual Special Tax" means the Special Tax of that name described in Section E.
RMA Final
Page 1 of 8
June 22, 2004
"Board" means the Governing Board of Menifee Union School District or its designee as the
legislative body of CFD No. 2004-2.
"Bond Index" means the national Bond Buyer Revenue Bond Index, commonly referenced as the
25-Bond Revenue Index. In the event the Bond Index ceases to be published, the index used shall
be based on a comparable index for revenue bonds maturing in 30 years with an average rating
equivalent to Moody's Al and S&P's A-plus, as reasonably determined by the Board.
"Bonds" means any obligation to repay a sum of money, including obligations in the form of
bonds, notes, certificates of participation, long-term leases, loans from government agencies, or
loans from banks, other financial institutions, private businesses, or individuals, or long-term
contracts, or any refunding thereof, which obligation may be incurred by CFD No. 2004-2 or the
School District.
"Building Permit" means a permit for the construction of one or more Units issued by the County,
or another public agency in the event the County no longer issues permits for the construction of
Units within CFD No. 2004-2. For purposes of this definition, "Building Permit" shall not include
permits for construction or installation of commercial/industrial structures, parking structures,
retaining walls, utility improvements, or other such improvements not intended for human
habitation.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space
of a Unit, exclusive of any carports, walkways, garages, overhangs, patios, enclosed patios,
detached accessory structure, or other structures not used as living space, as determined by
reference to the Building Permit for such Unit.
"Calendar Year" means the period commencing January 1 of any year and ending the following
December 31.
"County" means the County of Riverside, State of California.
"Developed Property" means all Assessor's Parcels of Taxable Property for which Building
Permits were issued on or before May 1 of the prior Fiscal Year, provided that such Assessor's
Parcels were created on or before January 1 of the prior Fiscal Year and that each such Assessor's
Parcel is associated with a Lot, as determined reasonably by the Board.
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes
in Section J.
"Final Map" means a final tract map, parcel map, lot line adjustment, or functionally equivalent
map or instrument that creates building sites, recorded in the County Office of the Recorder.
"Fiscal Year" means the period commencing on July 1 of any year and ending the following June
30.
"Lot" means an individual legal lot created by a Final Map for which a Building Permit could be
issued.
RMA Final
Page 2 of 8
June 22, 2004
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with
Section C, that can be levied by CFD No. 2004-2 in any Fiscal Year on any Assessor's Parcel.
"Minimum Annual Special Tax Requirement" means the amount required in any Fiscal Year to
pay: (i) the debt service or the periodic costs on all outstanding Bonds, (ii) Administrative Expenses
of CFD No. 2004-2, (iii) the costs associated with the release of funds from an escrow account, and
(iv) any amount required to establish or replenish any reserve funds established in association with
the Bonds, less (v) any amount available to pay debt service or other periodic costs on the Bonds
pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Annual
Special Tax obligation for an Assessor's Parcel, as described in Section H.
"Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in
full for an Assessor's Parcel, as described in Section G.
"Prepayment Administrative Fees" means the fees and expenses associated with the prepayment,
including the costs of computation of the Prepayment Amount, costs of redeeming Bonds, and costs
of recording any notices to evidence the prepayment and redemption of Bonds.
"Present Value of Taxes" means the present value of any Special Tax applicable to such
Assessor's Parcel in the current Fiscal Year not yet received by the District for CFD No. 2004-2,
plus the expected Annual Special Tax applicable to such Assessor's Parcel in each remaining Fiscal
Year until the termination date specified in Section H, using as the discount rate (i) the Yield On
The Bonds after Bond issuance or (ii) the most recently published Bond Index prior to Bond
issuance.
"Proportionately" means that the ratio of the actual Annual Special Tax levy to the applicable
Assigned Annual Special Tax is equal for all applicable Assessor's Parcels.
"Reserve Fund Credit" means, for each owner of an Assessor's Parcel wishing to prepay the
Annual Special Tax obligation of such Assessor's Parcel, an amount equal to the reduction in the
reserve requirement for the outstanding Bonds resulting from the redemption of Bonds with the
applicable prepaid Special Taxes. In the event that a surety bond of other credit instrument satisfies
the reserve requirement or the reserve requirement is under funded at the time of the prepayment, no
Reserve Credit shall be given.
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2004-2 pursuant
to the Act.
"Taxable Property" means all Assessor's Parcels which are not Exempt Property.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property.
"Unit" means each separate residential dwelling unit which comprises an independent facility
capable of conveyance separate from adjacent residential dwelling units.
"Yield On The Bonds" means the arbitrage yield for the last series of Bonds issued.
RMA Final
Page 3 of 8
June 22, 2004
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
For each Fiscal Year, beginning with Fiscal Year 2005-06, each Assessor's Parcel within CFD No.
2004-2 shall be classified as Taxable Property or Exempt Property. Furthermore, each Assessor's
Parcel of Taxable Property shall be classified as Developed Property or Undeveloped Property. For
each Assessor's Parcel of Developed Property, it shall be assigned to a Special Tax class based on
the BSF of the Unit as listed on the Building Permit(s) issued for each Assessor's Parcel.
SECTION C
MAXIMUM SPECIAL TAXES
Developed Property
The Maximum Special Tax for each Assessor's Parcel classified as Developed Property for
any Fiscal Year shall be the amount determined by the greater of (i) the application of the
Assigned Annual Special Tax or (ii) the application of the Backup Annual Special Tax.
Undeveloped Property
The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped Property
for any Fiscal Year shall be the amount determined by the application of the Assigned
Annual Special Tax.
SECTION D
ASSIGNED ANNUAL SPECIAL TAXES
Developed Property
The Assigned Annual Special Tax in any Fiscal Year for each Assessor's Parcel of
Developed Property shall be the amount determined by reference to Table 1.
TABLE 1
ASSIGNED ANNUAL SPECIAL TAX FOR
DEVELOPED PROPERTY
Building
Square Feet
< 3,000 BSF
3,000 -3,300 BSF
> 3,300 BSF
2.
Assigned Annual
Special Tax
$2,3 65. 24 per Unit
$2,550.04 per Unit
$2,623.94 per Unit
Undeveloped Property
The Assigned Annual Special Tax rate in any Fiscal Year for an Assessor's Parcel classified
as Undeveloped Property shall be $14,969.68 per acre of Acreage.
RMA Final
Page 4 of 8
June 22, 2004
SECTION E
BACKUP ANNUAL SPECIAL TAXES
Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to a Backup
Annual Special Tax. The Backup Annual Special Tax rate in any Fiscal Year for Developed
Property within a Final Map shall be the rate per Lot calculated according to the following formula:
g=
UxA
L
The terms above have the following meanings:
B
U
=
=
A
=
L
=
Backup Annual Special Tax per Lot in each Fiscal Year
Assigned Annual Special Tax per acre of Acreage for
Undeveloped Property
Acreage of Taxable Property in such Final Map, as determined
by the Board pursuant to Section J
Lots in the Final Map
Notwithstanding the foregoing, if all or any portion of the Final Map(s) described in the preceding
paragraph is subsequently changed or modified, then the Backup Annual Special Tax for each
Assessor's Parcel of Developed Property in such Final Map area that is changed or modified shall
be a rate per square foot of Acreage calculated as follows:
1.
Determine the total Backup Annual Special Taxes anticipated to apply to the
changed or modified Final Map area prior to the change or modification.
2.
The result of paragraph 1 above shall be divided by the Acreage of Taxable
Property which is ultimately expected to exist in such changed or modified
Final Map area, as reasonably determined by the Board.
3.
The result of paragraph 2 above shall be divided by 43,560. The result is the
Backup Annual Special Tax per square foot of Acreage which shall be
applicable to Assessor's Parcels of Developed Property in such changed or
modified Final Map area for all remaining Fiscal Years in which the Special
Tax may be levied..
SECTION F
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX
Commencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the Board shall levy
Annual Special Taxes as follows:
Step One:
RMA Final
The Board shall levy an Annual Special Tax on each Assessor's Parcel of Developed
Property in an amount equal to the Assigned Annual Special Tax applicable to each
such Assessor's Parcel.
Page 5 of 8
June 22, 2004
Step Two:
If the sum of the amounts levied in step one is insufficient to satisfy the Minimum
Annual Special Tax Requirement, then the Board shall Proportionately levy an
Annual Special Tax on each Assessor's Parcel of Undeveloped Property, up to the
Maximum Special Tax applicable to each such Assessor's Parcel, to satisfy the
Minimum Annual Special Tax Requirement.
Step Three:
If the sum of the amounts levied in steps one and two is insufficient to satisfy the
Minimum Annual Special Tax Requirement, then the Board shall Proportionately
levy an Annual Special Tax on each Assessor's Parcel of Developed Property whose
Maximum Special Tax is derived by application of the Backup Annual Special Tax,
up to the Maximum Special Tax applicable to each such Assessor's Parcel, to satisfy
the Minimum Annual Special Tax Requirement.
SECTION G
PREPAYMENT OF ANNUAL SPECIAL TAXES
The Annual Special Tax obligation of an Assessor's Parcel of Developed Property or an Assessor's
Parcel of Undeveloped Property for which a Building Permit has been issued may be prepaid. An
owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall provide
CFD No. 2004-2 with written notice of intent to prepay. Within thirty (30) days of receipt of such
written notice, the Board shall reasonably determine the Prepayment Amount of such Assessor's
Parcel and shall notify such owner of such Prepayment Amount. In addition, any property owner
prepaying his or her Annual Special Tax obligation must also pay all delinquent Special Taxes,
interest and penalties owing on the Assessor's Parcel on which payment is being made, if any. The
Prepayment Amount shall be calculated according to the following formula:
P = PVT - RFC + PAF
The terms above have the following meanings:
P
PVT
RFC
PAF
=
=
=
=
Prepayment Amount
Present Value of Taxes
Reserve Fund Credit
Prepayment Administrative Fees
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Annual Special
Taxes that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1
times the regularly scheduled annual interest and principal payments on all currently outstanding
Bonds in each future Fiscal Year and such prepayment will not impair the security of all currently
outstanding Bonds, as reasonably determined by the Board. Such determination shall include
identifying all Assessor's Parcels that are expected to become Exempt Property.
SECTION H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAXES
The Annual Special Tax obligation of an Assessor's Parcel may be partially prepaid at the times and
under the conditions set forth in this section, provided that there are no delinquent Special Taxes,
penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the
Annual Special Tax obligation would be prepaid.
RMA Final
Page 6 of 8
June 22, 2004
1.
Partial Prepayment Times and Conditions
Prior to the issuance of the first Building Permit for the construction of a production Unit on
a Lot within a Final Map area, the owner of no less than all the Taxable Property within such
Final Map area may elect in writing to the Board to prepay a portion of the Annual Special
Tax obligations for all the Assessor's Parcels within such Final Map area, as calculated in
Section H.2. below. The partial prepayment of each Annual Special Tax obligation shall be
collected prior to the issuance of the first Building Permit with respect to each Assessor's
Parcel.
2.
Partial Prepayment Amount
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = PC x F
The terms above have the following meanings:
PP =
PG =
F =
3.
the Partial Prepayment Amount
the Prepayment Amount calculated according to Section G
the percent by which the owner of the Assessor's Parcel is partially
prepaying the Annual Special Tax obligation
Partial Prepayment Procedures and Limitations
With respect to any Assessor's Parcel that is partially prepaid, the Board shall indicate in the
records of CFD No. 2004-2 that mere has been a partial prepayment of the Annual Special
Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act to
indicate the partial prepayment of the Annual Special Tax obligation and the partial release
of the Annual Special Tax lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay such prepaid portion of the Annual Special Tax shall cease.
Additionally, the notice shall indicate that the Assigned Annual Special Tax and the Backup
Annual Special Tax for the Assessor's Parcels have been reduced by an amount equal to the
percentage which was partially prepaid.
Notwithstanding tiie foregoing, no partial prepayment will be allowed unless the amount of Annual
Special Taxes that may be levied on Taxable Property after such partial prepayment, net of
Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and
principal payments on all currently outstanding Bonds in each future Fiscal Year.
SECTION I
TERMINATION OF SPECIAL TAX
Annual Special Taxes shall be levied for a period of thirty-three (33) Fiscal Years after Bonds have
been issued, provided that Annual Special Taxes shall not be levied after Fiscal Year 2040-41.
RMA Final
Page 7 of 8
June 22, 2004
SECTION J
EXEMPTIONS
The Board shall classify as Exempt Property (i) Assessor's Parcels owned by the State of
California, Federal or other local governments, (ii) Assessor's Parcels which are used as places of
worship and are exempt from ad valorem property taxes because they are owned by a religious
organization, (iii) Assessor's Parcels used exclusively by a homeowners' association, (iv) Assessor's
Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement, (v) Assessor's Parcels developed or expected to be developed
exclusively for non-residential use, including any use directly servicing any non-residential
property, such as parking, as reasonably determined by the Board, and (vi) any other Assessor's
Parcels at the reasonable discretion of the Board, provided that no such classification would reduce
the sum of all Taxable Property to less than 24.52 acres of Acreage. Notwithstanding the above, the
Board shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce
the sum of all Taxable Property to less than 24.52 acres of Acreage. Assessor's Parcels which
cannot be classified as Exempt Property because such classification would reduce the Acreage of all
Taxable Properly to less than 24.52 acres of Acreage will continue to be classified as Developed
Property or Undeveloped Property, as applicable, and will continue to be subject to Special Taxes
accordingly.
SECTION K
APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may
file a written notice of appeal with the Board not later than twelve months after having paid the first
installment of the Special Tax mat is disputed. A representative(s) of CFD No. 2004-2 shall
promptly review the appeal, and if necessary, meet with the property owner, consider written and
oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the
representative's decision requires that the Special Tax for an Assessor's Parcel be modified or
changed in favor of the property owner, a cash refund shall not be made (except for the last year of
levy), but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the
subsequent Fiscal Year(s).
SECTION L
MANNER OF COLLECTION
The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that CFD No. 2004-2 may collect Annual Special Taxes
at a different time or in a different manner if necessary to meet its financial obligations.
J:\CLIEOTS\MENIFEE.USD\MELLO\CSO Family\RMA_l .doc
RMA Final
Page 8 of 8
June 22, 2004
SHEET 1 OF 1
PROPOSED BOUNDARIES
OF
MENIFEE UNION SCHOOL DISTRICT
COMMUNITY FACILITIES DISTRICT NO. 2004-2
RIVERSIDE COUNTY
STATE OF CALIFORNIA
(1) fled in the office of the Clerk of the Boon)
this
day of
. 20
Clerk of the Board
_J
Scott KoocT
(2) I hereby certify (hot the wffinmop showing the
proposed boundaries of Community Fotilfes
District No. 2004-2, Rwrside County,
State of Cofifomio, ms approved by the Governing
Board a regular meeting thereof, held on
this
doy of
. 20 , by
its Resolution No.
.
Clerk of the Board
(3) Fifed this
the hour of
doy of
, 20_
o'clock _m, in F
of Mops of Assessment ond Community Todies Districts
ot poge
ond os Instrument No.
, in
the office of the County Recorder of Riverside
County, Stole of CoWon*.
County Recorder of Riverside County
359-130-037
Reference is hereby made to the
Assessor maps of the County of
Riverside for an exact ascription
of the lines and dimensions of
each lot and parcel.
LEGEND
Boundarto of Community
FodltlM District No. 2004-2
AtMMor Pared 6ounoorlm
nnn—nnn—nnn
Assessor Parcel Number
PREPARED BY
DAVID TAUSSIG & ASSOCIATES, INC.
RESOLUTION NO. 2003-04/63
A RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS
OF PROPOSED COMMUNITY FACILITIES DISTRICT
Community Facilities District No. 2004-2 of the
Menifee Union School District
RESOLVED by the Board of Trustees (Board) of the Menifee Union School District
(District) that:
WHEREAS, the Board has this date adopted its Resolution entitled "A Resolution of
Intention to Establish a Community Facilities District and To Authorize the Levy of Special
Taxes Therein," stating its intention to form Community Facilities District No. 2004-2 (the CFD)
pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (the Act), being
Chapter 2.5 of Part 1 of Division 2 of Title 5 of the California Government Code, for the purpose
of financing the acquisition and/or construction of certain public improvements and the payment
of certain fees and liens (the Facilities), as further provided in said Resolution; and
WHEREAS, the Board estimates the maximum amount required for the financing of the
acquisition and/or construction of the Facilities to service the CFD to be the aggregate sum of
Five Million Five Hundred Thousand Dollars ($5,500,000); and
WHEREAS, in order to finance the Facilities, it is necessary to incur bonded
indebtedness in the maximum aggregate amount of Five Million Five Hundred Thousand Dollars
($5,500,000).
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1.
It is necessary to incur bonded indebtedness within the boundaries of the proposed
CFD in the amount of Five Million Five Hundred Thousand Dollars ($5,500,000) in order to
finance the cost of the Facilities.
2.
The bonded indebtedness is proposed to be incurred for the purpose of financing
the cost of the Facilities, including acquisition and improvement costs and all costs incidental to
or connected with the accomplishment of said purposes, and of the financing thereof as permitted
by Section 53345.3 of the Act.
3.
This Board, acting as the legislative body for the CFD, intends to authorize the
issuance and sale of bonds, at one tune or in series from time to time, in the maximum aggregate
principal amount of not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000),
bearing interest payable semi-annually or in such other manner as this Board shall determine, at a
rate not to exceed the maximum rate of interest as may be authorized by applicable law at the
time of sale of such bonds, and maturing not to exceed thirty-three (33) years from the date of
the issuance of said bonds or series thereof.
4.
On July 27, 2004, at 4:00 P.M., in its regular meeting place at 30205 Menifee
Road, Menifee, California, this Board, as legislative body for the CFD, shall conduct a public
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514612.01 a06/10/04
hearing on the proposed debt issuance, and will consider and finally determine whether the
public interest, convenience and necessity require the issuance of bonds of the District for the
CFD.
5.
The Clerk of the Board is hereby directed to cause notice of said public hearing to
be given by publication one time in a newspaper of general circulation which is circulated within
the CFD boundaries. The publication of said notice shall be completed at least seven (7) days
before the date herein set for said public hearing. Said notice shall be in the form set forth in
Section 53346 of the Act. Notice shall also be mailed to each landowner, and a copy of this
Resolution shall be mailed to the County of Riverside.
6.
This Resolution shall take effect upon its adoption.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Board of Trustees of the Menifee Union School District at a duly-noticed meeting held on the
22nd day of June, 2004, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Members G i a r d i n e l l i , Morrison, O ' D o n n e l l , Peters
None
None
/?_
/I/
/
Member Hanson
/ /, _ , /
Ul<^-2#v_^
Secretary of th^Board
Menifee Union School District
ATTEST:
Clerk of the Board
397/019623-0003
514612.01 a06/10/04
RESOLUTION NO. 2004-05/06
A RESOLUTION OF FORMATION OF COMMUNITY FACILITIES DISTRICT,
AUTHORIZING THE LEVY OF A SPECIAL TAX THEREIN, PRELIMINARILY
ESTABLISHING AN APPROPRIATIONS LIMIT THEREFOR AND SUBMITTING
LEVY OF THE SPECIAL TAX AND THE ESTABLISHMENT OF THE
APPROPRIATIONS LIMIT TO THE QUALIFIED ELECTORS THEREOF
Community Facilities District No. 2004-2 of the
Menifee Union School District
RESOLVED by the Board of Education (Board) of the Menifee Union School District
(District), County of Riverside, State of California, that:
WHEREAS, on June 22, 2004, this Board adopted Resolution No. 2003-04/62, entitled
"A Resolution of Intention to Establish a Community Facilities District and to Authorize the
Levy of Special Taxes Therein" (Resolution of Intention), stating its intention to form
Community Facilities District No. 2004-2 (CFD), of the District pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, Section 53311, et seq., of the California
Government Code (the Act); and
WHEREAS, the Resolution of Mention, incorporating a map of the proposed
boundaries of the CFD and stating the facilities to be provided, and the rate and method of
apportionment (RMA) of the special tax to be levied within the CFD to pay the costs of
providing such facilities, and/or the principal and interest on bonds proposed to be issued with
respect to the CFD, is on file with the Secretary of the Board ("Secretary") and the provisions
thereof are incorporated herein by this reference as if fully set forth herein; and
WHEREAS, on this date, this Board held a noticed public hearing as required by the Act
and the Resolution of Intention with respect to the proposed formation of the CFD; and
WHEREAS, at said hearing all interested persons desiring to be heard on all matters
pertaining to the formation of the CFD, the facilities to be provided therein and the levy of said
special tax were heard and a full and fair hearing was held; and
WHEREAS, at said hearing evidence was presented to this Board on said matters before
it, including a report caused to be prepared pursuant to the Resolution of Intention (Report) as to
the facilities to be provided through the CFD and the costs thereof, a copy of which is on file
with the Secretary, and this Board at the conclusion of said hearing is fully advised in the
premises; and
WHEREAS, written protests with respect to the formation of the CFD, the furnishing of
specified types of facilities and the rate and method of apportionment of the special taxes have
not been filed with the Secretary by fifty percent (50%) or more of the registered voters residing
within the territory of the CFD or property owners of one-half (1/2) or more of the area of land
within the CFD and not exempt from the special tax; and
397/019623-0026
521237.01 a07/07/04
-1-
WHEREAS, the special tax proposed to be levied in the CFD to pay for the proposed
facilities to be provided therein, as set forth in Exhibit A hereto, has not been eliminated by
protest by fifty percent (50%) or more of the registered voters residing within the CFD or the
owners of one-half (1/2) or more of the area of land within the CFD and not exempt from the
special tax.
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1.
The foregoing recitals are true and correct.
2.
The proposed special tax to be levied within the CFD has not been precluded by
majority protest pursuant to Section 53324 of the Act.
3.
All prior proceedings taken by this Board in connection with the establishment of
the CFD and the levy of the special tax have been duly considered and are hereby found and
determined to be valid and in conformity with the Act.
4.
This Board has previously approved local goals and policies for community
facilities districts of the District (Goals and Policies), and this Board hereby finds and determines
that the CFD is in conformity with said Goals and Policies.
5.
The community facilities district (CFD) designated "Community Facilities
District No. 2004-2 of the Menifee Union School District" is hereby established pursuant to the
Act.
6.
The boundaries of the CFD shall be as set forth in the map of the CFD heretofore
recorded on June 29, 2004, as Document No. 2004-0517698 at Book 57, Page 29 of Maps of
Assessment and Community Facilities Districts.
7.
The types of public facilities (Facilities) proposed to be financed by the CFD
pursuant to the Act shall be the items listed on Exhibit A herein. The Report is hereby accepted
by the District and incorporated herein by reference.
8.
Except to the extent that funds are otherwise available to the CFD to pay for the
Facilities and/or the principal and interest as it becomes due on bonds of the CFD issued to
finance the Facilities, a special tax sufficient to pay the costs thereof, secured by a continuing
lien against all non-exempt real property in the CFD, will be levied annually within the CFD, and
collected in the same manner and upon the same roll as ordinary, ad valorem real property taxes
or in such other manner as this Board or its designee shall determine, including direct billing of
the affected property owners. The proposed rate and method of apportionment of special tax
(RMA) among the parcels of real property within the CFD, in sufficient detail to allow each
landowner within the proposed CFD to estimate the probable maximum amount such owner will
have to pay, are described in Exhibit B attached hereto and by this reference incorporated herein.
9.
It is the intention of this Board, acting as the legislative body for the CFD, to
cause the bonds of the District to be issued for the CFD pursuant to the Act to finance in whole
or in part the acquisition and construction of the Facilities. Said bonds shall be in an aggregate
principal amount not to exceed Five Million Five Hundred Thousand Dollars ($5,500,000.00),
397/019623-0026
521237.01 a07/07/04
o
-2.-
shall bear interest payable semi-annually or in such other manner as this Board shall determine,
at a rate not to exceed the maximum rate of interest as may be authorized by applicable law at
the time of the sale of such bonds, and shall mature at a date not to exceed thirty-three (33) years
from the date of issuance thereof (fiscal year 2040-41). The special taxes on any residential
property shall not increase by more than two percent (2%) per year, and under no circumstances
will the special tax levied against any parcel be increased as a consequence of the delinquency or
default by the owner of another parcel or parcels within the CFD by more than ten percent
(10%).
10.
It is hereby found and determined that the Facilities are necessary to meet
increased demands placed upon the District as the result of development occurring in the CFD.
11.
The Assistant Superintendent, Business Services of the District, 30205 Menifee
Road, Menifee, California, telephone number (909) 672-1851, is the official of the District who
will be responsible for preparing the current roll of special tax levy obligations by assessor's
parcel number, and will be responsible for estimating and levying future special tax levies
pursuant to the Act.
12.
Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the
Streets and Highways Code of California, a continuing lien to secure each levy of the special tax
shall attach to all nonexempt real property within the CFD and this lien shall continue in force
and effect until the special tax obligation is prepaid and permanently satisfied and the lien
canceled in accordance with law or until collection of the tax by the District ceases.
13.
In accordance with Section 53325.7 of the Act, the annual appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, of the
CFD is hereby preliminarily established at a sum equal to the amount of all proceeds of the
special tax collected annually, and as defined by said Article XIIIB as adjusted for changes in
the cost of living and changes in population, and said appropriations limit shall be submitted to
the voters of the CFD as hereafter provided. The proposition establishing said annual
appropriations limit shall become effective if approved by the qualified electors voting thereon
and shall be adjusted in accordance with the applicable provisions of Section 53325.7 of the Act.
14.
Pursuant to the provisions of the Act, the proposition of the levy of the special tax
and the proposition of the establishment of the appropriations limit specified above shall be
submitted to the qualified electors of the CFD at an election the time, place and conditions of
which election shall be as specified by a separate resolution of this Board. The proposed voting
procedure shall be by mail or hand-delivered ballot among the landowners in the proposed CFD,
with each owner having one vote for each acre or portion of an acre such owner owns within the
CFD.
15.
397/019623-0026
521237.01 a07/07/04
This Resolution shall take effect upon its adoption.
_
-J~
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Board of Education of the Menifee Union School District at a duly noticed meeting held on
the 27th day of July, 2004 by the following vote:
Members Giardinelli, Hanson, Morrison, O'Donnell, Peters
AYES:
None
NOES:
ABSTAIN: None
ABSENT: None
Dr. Gary Cring^n, Secretar^f the Board
Menifee Union School District
ATTEST:
Clerk of the Board
Menifee Union School District
397/019623-0026
521237.01 a07/07/04
-4-
EXHIBIT A
Community Facilities District No. 2004-2 of the
Menifee Union School District
DESCRIPTION OF FACILITIES TO BE FINANCED
The types of Facilities proposed to be financed by Community Facilities District No.
2004-2 (CFD) of the Menifee Union School District (District) under the Mello-Roos Community
Facilities Act of 1982, as amended (the Act) are as follows:
"Facilities" means those K-8 school sites, school facilities, including classrooms, on-site
office space at a school, central support and administrative facilities, interim housing, furniture,
equipment, technology, busses, and transportation facilities needed by District in order to serve
the student population to be generated as a result of development of the property within the CFD,
and also includes payment of fees for the Eastern Municipal Water District (EMWD) and/or
construction of improvements to be owned by EMWD through a Joint Community Facilities
Agreement.
"Facilities" shall also include the attributable costs of engineering, design, planning,
materials testing, coordination, construction staking, and construction, together with the expenses
related to issuance and sale of any "debt", as defined in Section 53317(d) of the Act, including
underwriters' discount, appraisals, market studies, reserve fund, capitalized interest, bond
counsel, special tax consultant, bond and official statement printing, administrative expenses of
the District, the CFD and bond trustee or fiscal agent related to the CFD, and any such debt and
all other incidental expenses. The Facilities shall be constructed, whether or not acquired in their
completed states, pursuant to plans and specifications approved by the District.
The Facilities listed in this Exhibit A are representative of the types of improvements to
be furnished by the CFD. Detailed scope and limits of specific projects will be determined as
appropriate, consistent with the standards of the District. Addition, deletion or modification of
descriptions of Facilities may be made consistent with the requirements of the Board of
Education of the District, the CFD and the Act.
397/019623-0026
521237.01 a07/07/04
Exhibit A
RESOLUTION NO. 2004-05/07
A RESOLUTION DETERMINING THE NECESSITY TO INCUR BONDED
INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT AND
SUBMITTING PROPOSITION TO THE QUALIFIED ELECTORS THEREOF
Community Facilities District No. 2004-2 of the
Menifee Union School District
RESOLVED by the Board of Education (Board) of the Menifee Union School District
(District), County of Riverside, State of California, that:
WHEREAS, on June 22, 2004, this Board adopted Resolution No. 2003-04/62 entitled
"A Resolution of Intention to Establish a Community Facilities District and to Authorize the
Levy of Special Taxes Therein" (Resolution of Intention), stating its intention to form
Community Facilities District No. 2004-2 (CFD), of the District pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, sections 53311, et seq., of the California
Government Code (Act); and
WHEREAS, on June 22, 2004, this Board also adopted Resolution No. 2003-04/63
entitled "A Resolution of Intention to Incur Bonded Indebtedness of the Proposed Community
Facilities District" (Resolution of Intention to Incur Indebtedness), stating its intention to incur
bonded indebtedness within the boundaries of the CFD for the purposes of financing the costs of
certain Facilities specified in the Resolution of Intention; and
WHEREAS, on this date, this Board held a noticed public hearing as required by the Act
relative to the determination to proceed with the formation of the CFD, the provision of certain
of the Facilities and the rate and method of apportionment of the special tax to be levied within
the CFD to pay the principal and interest on the proposed indebtedness and the administrative
costs of the District relative to the CFD; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to
the formation of the CFD, the provision of the Facilities and the levy of the special tax on
property within the CFD were heard and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, this Board adopted Resolution No. 2004-05/06
entitled "A Resolution of Formation of Community Facilities District, Authorizing The Levy of a
Special Tax Therein, Preliminarily Establishing an Appropriations Limit Therefor and
Submitting Levy of the Special Tax and the Establishment of the Appropriations Limit to the
Qualified Electors Thereof (Resolution of Formation); and
WHEREAS, on this date, this Board held a noticed public hearing as required by the Act
relative to the matters material to questions in the Resolution of Intention to Incur Indebtedness;
and
397/019623-0026
521242.01 a07/06/04
WHEREAS, no written protests with respect to the matters material to the question set
forth in the Resolution of Intention to Incur Indebtedness have been filed with the Secretary.
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1.
The foregoing recitals are true and correct.
2.
It is necessary to incur bonded indebtedness in the maximum aggregate principal
amount of up to $5,500,000 within the boundaries of the CFD.
3.
The bonded indebtedness is incurred for the purpose of financing the costs of the
Facilities, as provided in the Resolution of Intention and the Resolution of Formation including,
but not limited to, the costs of issuing and selling bonds to finance the Facilities and the costs of
the District in establishing and administering the CFD.
4.
The whole of the CFD shall pay the bonded indebtedness through the special tax
levy, to be apportioned in accordance with the formula shown on Exhibit B to the Resolution of
Formation.
5.
The maximum amount of bonded indebtedness to be incurred is $5,500,000 for
the maximum term of the bonds to be issued shall in no event exceed thirty-three (33) years.
6.
The bonds shall bear interest at a rate or rates not to exceed the maximum interest
rate permitted by applicable law at the time of sale of the bonds, payable semi-annually or in
such other manner as this Board or its designee shall determine, the actual rate or rates and times
of payment of such interest to be determined by this Board or its designee at the time or times of
sale of said bonds.
7.
The proposition of incurring the bonded indebtedness herein authorized shall be
submitted to the qualified electors of the CFD and shall be consolidated with elections on the
proposition of levying special taxes within the CFD and the establishment of an appropriations
limit for the CFD pursuant to Section 53353.5 of the Act. The time, place and conditions of said
election shall be as specified by separate resolution of this Board.
8.
This Resolution shall take effect upon its adoption, and shall be published once in
a newspaper of general circulation as soon as practicable.
397/019623-0026
521242.01 307/06/04
_
~2.~
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Board of Education of the Menifee Union School District at a duly noticed meeting held on
July 27, 2004, by the following vote:
AYES:
Members Giardinelli, Hanson, Morrison, O'Donnell, Peters
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dr. Gary Cringan, Secretary
Menifee Union School District
ATTEST:
Clerk of the Board
Menifee Union School District
397/019623-0026
521242.01 a07/06/04
-3-
e Board
RESOLUTION NO. 2004-05/08
A RESOLUTION CALLING SPECIAL ELECTION
Community Facilities District No. 2004-2 of the
Menifee Union School District
RESOLVED, by the Board of Education (Board) of the Menifee Union School District
(District), County of Riverside, State of California, acting as the legislative body for CFD 20042, that:
WHEREAS, on this date, this Board adopted Resolution No. 2004-05/06 entitled "A
Resolution of Formation of Community Facilities District, Authorizing the Levy of a Special Tax
Therein, Preliminarily Establishing an Appropriations Limit Therefor and Submitting Levy of
the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors
Thereof" (the "Resolution of Formation"), ordering the formation of Community Facilities
District No. 2004-2 (CFD), of the District authorizing the levy of a special tax on property within
the CFD and preliminarily establishing an appropriations limit for the CFD; and
WHEREAS, on this date, this Board also adopted Resolution No. 2004-05/07 entitled "A
Resolution Determining the Necessity to Incur Bonded Indebtedness Within Community
Facilities District and Submitting Proposition to the Qualified Electors Thereof" (the
"Resolution of Necessity"), determining the necessity to incur bonded indebtedness in the
maximum aggregate principal amount of $5,500,000 upon the security of said special tax to be
levied within the CFD; and
WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy
of said special tax, the establishment of the appropriations limit and the incurring of the bonded
indebtedness shall be submitted to the qualified electors of the CFD as required by the MelloRoos Community Facilities Act of 1982, as amended, Section 53311, et seq., of the California
Government Code (Act).
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1.
Pursuant to Sections 53326, 53351 and 53325.7 of the Act, the issues of the levy
of said special tax, including the information required by Government Code Section 50075.1 et
seq. and Section 53410 et seq., the incurring of bonded indebtedness and the establishment of
said appropriations limit shall be submitted to the qualified electors of the CFD at an election
called therefor as provided below.
2.
As authorized by Section 53353.5 of the Act the three propositions described in
paragraph 1 above shall be combined into a single ballot measure to be designated as Measure A,
the form of which is attached hereto as Exhibit "A" and by this reference incorporated herein.
Said form of the ballot is hereby approved.
397/019623-0026
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-1-
3.
The Board finds that the requirements of Government Code Section 50075.1 et
seq. and Section 53410 et seq., have been met in that Measure A provides for the statutorily
required accountability measures, including a statement indicating the specific purposes of the
special tax; a requirement that the proceeds be applied only to the specific purposes so identified;
the creation of an account into which the proceeds shall be deposited; and the requirement that an
annual report be filed with the Board by the chief fiscal officer no later than January of each
year, commencing January 1,2005.
4.
This Board hereby finds that fewer than 12 persons have been registered to vote
within the CFD for each of the ninety (90) days preceding the close of the public hearings
heretofore conducted and concluded by this Board for the purposes of these proceedings.
Accordingly, and pursuant to the Act, this Board finds that for purposes of these proceedings the
qualified electors are the landowners within the CFD and that the vote shall be by said
landowners or their authorized representatives, each having one vote for each acre or portion
thereof such landowner owns in the CFD as of the close of said public hearings.
5.
This Board hereby calls a special election to consider the measures described in
paragraph 2 above, which election shall be held in the Board meeting room on July 27, 2004, at
4:00 P.M. or as soon thereafter as is practicable. The Clerk of the Board (Clerk) is hereby
designated as the official to conduct said election. The Clerk hereby consents to hold the
election less than 125 days after adoption of the Resolution of Formation. It is hereby
acknowledged that the Clerk has on file the Resolution of Formation, a certified map of the
proposed boundaries of the CFD, and a sufficient description to allow the Clerk to determine the
boundaries of the CFD.
6.
Pursuant to Section 53327 of the Act, the election shall be conducted by mailed
ballot pursuant to Section 4000 of the California Elections Code. This Board hereby finds that
paragraphs (a), (b), (c)(l) and (c)(3) of Section 4000 of the California Election Code are
applicable to this special election.
7.
This Board acknowledges that the Clerk will cause to be delivered to each of the
qualified electors within the CFD a ballot in the form set forth in Exhibit "A." Each ballot shall
indicate the number of votes to be cast by the respective landowner to which it pertains.
Each ballot will be accompanied by all supplies and written instructions necessary for the
use and return of the ballot. The envelope to be used to return the ballot will be enclosed with
the ballot, have the return postage prepaid, and shall contain the following: (a) the name and
address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the
owner of record or authorized representative of the landowner entitled to vote and is the person
whose name appears on the envelope, (c) the printed name, signature and address of the voter,
(d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and
(e) a notice that the envelope contains an official ballot and is to be opened only by the
canvassing official.
8.
The voted ballots shall be returned to the Clerk no later than 4:00 P.M. on July 27,
2004. The Clerk shall accept the ballots of the qualified electors in the meeting room of the
Board, whether said ballots be personally delivered or received by mail. The Clerk shall have
397/019623-0026
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~
-*•-
available ballots which may be marked at said location on the election day by said qualified
electors.
9.
The Clerk is hereby directed to cause to have published in a newspaper of general
circulation circulating within the CFD a copy of this Resolution as soon as possible after the date
of adoption of this Resolution.
10.
This Resolution shall take effect upon its adoption.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Board of Education of the Menifee Union School District at a duly noticed meeting held on
the 27th day of July, 2004, by the following vote:
AYES:
Members G i a r d i n e l l i , Hanson, Morrison, O ' D o n n e l l , Peters
NOES:
None
ABSTAIN:
|\|one
ABSENT:
None
Dr. Cfary Crin^n, Secretar^f the Board
Menifee Union School District
ATTEST:
Clerk of the Board
Menifee Union School District
397/019623-0026
521249.01 a07/06/04
-3-
Community Facilities District No. 2004-2 of the
Menifee Union School District
OFFICIAL BALLOT - MEASURE A
SPECIAL TAX ELECTION
(July 27, 2004)
This ballot is for a special, landowner election. You must return this ballot in the
enclosed postage paid envelope to the Clerk of the Board of the Menifee Union School District
either by mail or in person no later than 4:00 P.M. on July 27, 2004. The Clerk's office is
located at 30205 Menifee Road, Menifee, California 92584. To vote, mark a cross (X) on the
voting line 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 Clerk of the Board and obtain another.
BALLOT MEASURE A: Shall the Menifee Union School District incur an
indebtedness and issue bonds in the maximum aggregate principal amount of
$5,500,000, with interest at a rate or rates not to exceed the maximum interest rate
permitted by law at the time of sale of such bonds on behalf of Community
Facilities District No. 2004-2 (CFD), provided, however, that: (i) the proceeds of
such bonds shall only be used for the single purpose of financing those facilities
and expenses set forth in Exhibit A to this Official Ballot; (ii) the CFD shall be
required to establish an account into which the proceeds of such bonds must be
deposited; and (iii) the chief financial officer of the CFD shall be required to file
an annual report with the legislative body of the CFD in accordance with
Government Code Section 50075.3, shall a special tax set forth in the rate and
method of apportionment, which has been provided to me, payable solely from
lands within the CFD, be levied annually upon lands within the CFD to pay for
the principal and interest upon such bonds, to pay for the costs of facilities and
expenses described in Exhibit A hereto and to pay the costs of the District in
administering the CFD, provided, however, that: (i) the proceeds of the special
tax shall only be used for said single purpose of financing those facilities and
expenses set forth in Exhibit A hereto; (ii) the CFD shall be required to establish
an account into which the proceeds of the special tax must be deposited; and (iii)
the chief financial officer of the CFD shall be required to file an annual report
with the legislative body of the CFD in accordance with Government Code
Section 53411, and shall the annual appropriations limit for the CFD be
established in an amount equal to the total of all proceeds of the special tax
collected annually, and as defined by Article XIIIB of the California Constitution,
as adjusted for changes in the cost of living and changes in population?
397/019623-0026
521249.01 a07/06/04
YES:
—
Property Owned by Property Owner:
Property Owner:
By:.
Owner/Authorized Representative
397/019623-0026
521249.01 a07/06/04
EXHIBIT A TO OFFICIAL BALLOT - MEASURE A
COMMUNITY FACILITIES DISTRICT 2004-2 OF
THE MENIFEE UNION SCHOOL DISTRICT
1.
School facilities for students in grades K-8, including school sites, classrooms,
on-site office space at a school, central support and administrative facilities, interim housing,
furniture, equipment, technology, busses and transportation facilities needed by the District to
serve students generated from residential development within CFD 2003-1, including the
attributable costs of engineering, design, planning, materials, testing, coordination, construction
staking, and construction.
2.
Payment of fees and/or construction of improvements through Joint Community
Facilities Agreements with Eastern Municipal Water District.
3.
Costs of issuance for the bonds of the CFD, including, but not limited to, bond
counsel fees, District general counsel fees, underwriter's discount, legal fees for disclosure
counsel, special tax consultant's fees, costs of appraisal, reimbursement to the District or the
developer for advances for formation costs, fiscal agent fees, printing costs, costs related to
transporting and safekeeping of the bonds, filing and recording fees, and preliminary engineering
fees.
4.
Annual administrative fees of the CFD, including, but not limited to, the costs of
administering the CFD, computing and collecting the special tax including any prepayments,
preparing the annual special tax levy, transmitting information regarding the special taxes to the
fiscal agent and the County of Riverside, fees of the fiscal agent for performance of its services,
costs of the CFD in complying with any disclosure requirements, costs related to appeals of any
special taxes, or to proceed with foreclosure requirements, costs related to rebate requirements
under federal or state law, costs related to annually administering the letter of credit, including
proportionate amounts of District employees salaries related to the above.
5.
397/019623-0026
521249.01 a07/06/04
Capitalized interest.
_
~J~
RESOLUTION NO. 2004-05/09
A RESOLUTION DECLARING RESULTS OF SPECIAL ELECTION
AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN
Community Facilities District No. 2004-2 of the
Menifee Union School District
RESOLVED, by the Board of Education (Board) of the Menifee Union School District
(District), County of Riverside, State of California, acting as the legislative body for CFD 20042, that:
WHEREAS, in proceedings heretofore conducted by this Board pursuant to the MelloRoos Community Facilities Act of 1982, as amended, sections 53311, et seq., of the California
Government Code (Act), this Board on July 27, 2004, adopted Resolution No. 2004-05/08
entitled "A Resolution Calling Special Election," calling a special election of the qualified
electors within Community Facilities District No. 2004-2 (CFD) of the District for July 27, 2004;
WHEREAS, pursuant to the terms of said resolution, which are by this reference
incorporated herein, said special election was held on this date, and the Clerk of the Board
("Clerk") has on file a Canvass and Statement of Results of Election, a copy of which is attached
hereto as Exhibit "A"; and
WHEREAS, this Board has reviewed said canvass and hereby approves it.
NOW, THEREFORE, IT IS HEREBY ORDERED AS FOLLOWS:
1.
The issues presented at said special election were the incurring of a bonded
indebtedness in the maximum aggregate principal amount of $5,500,000, the levy of a special tax
within the CFD to be levied in accordance with the rate and method of apportionment heretofore
approved by the Board by Resolution No. 2004-05/06 adopted on July 27, 2004, entitled "A
Resolution of Formation of Community Facilities District, Authorizing the Levy of a Special Tax
Therein, Preliminarily Establishing an Appropriations Limit Therefor and Submitting Levy of
the Special Tax and the Establishment of the Appropriations Limit to the Qualified Electors
Thereof," and the approval of an annual appropriations limit as specified in said resolution.
2.
Pursuant to said Canvasses on file with the Clerk, the issues presented at said
special election were approved by the qualified electors within the CFD by more than two-thirds
(2/3) of the votes cast at said special election.
3.
Pursuant to said voter approval, the CFD is hereby declared to be fully formed
with the authority to incur bonded indebtedness and to levy special taxes as heretofore provided
in these proceedings and in the Act.
397/019623-0026
521367.01 a07/06/04
4.
It is hereby found that all prior proceedings and actions taken by this Board with
respect to the CFD were valid and in conformity with the Act.
5.
The Clerk is hereby directed to execute and cause to be recorded in the office of
the County Recorder of the County of Riverside a Notice of Special Tax Lien in the form
required by the Act, said recording to occur no later than fifteen (15) days following adoption by
the Board of this Resolution.
6.
This Resolution shall take effect upon its adoption.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the Board of Education of the Menifee Union School District at a duly noticed meeting held on
the 27th day of July, 2004, by the following vote:
AYES:
Members G i a r d i n e l l i , Hanson, Morrison, O ' D o n n e l l , Peters
NOES:
None
ABSTAIN:
None
ABSENT:
None
Dr. Grary Crin^an, Secretar^6f the Board
V
Menifee Union School District
ATTEST:
Clerk of the Board
Menifee Union School District
397/019623-0026
521367.01 a07/06/04
-2-
CANVASS AND STATEMENT OF RESULT OF ELECTION
Community Facilities District No. 2004-2 of the
Menifee Union School District
I hereby certify that on July 27, 2004,1 canvassed the returns of the election held on July
27, 2004, in Community Facilities District No. 2004-2 of the Menifee Union School District, and
the total number of ballots cast in said District and the total number of votes cast for and against
the measure are as follows, and the totals as shown for and against the measure are full, true and
correct:
Qualified
Landowner
Votes
Community Facilities District No. 2004-2 of the Menifee Union School
District Special Tax Election July 27,2004
38
°^f
Cast
38
YES
38
NO
0
BALLOT MEASURE A: Shall the Menifee Union School District incur an indebtedness and
issue bonds in the maximum aggregate principal amount of $5,500,000, with interest at a rate or
rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds
on behalf of Community Facilities District No. 2004-2 (CFD), provided, however, that: (i) the
proceeds of such bonds shall only be used for the single purpose of financing those facilities and
expenses set forth in Exhibit A to this Official Ballot; (ii) the CFD shall be required to establish
an account into which the proceeds of such bonds must be deposited; and (iii) the chief financial
officer of the CFD shall be required to file an annual report with the legislative body of the CFD
in accordance with Government Code Section 50075.3 shall a special tax set forth in the first
amended rate and method of apportionment, which has been provided to me, payable solely from
lands within the CFD, be levied annually upon lands within the CFD to pay for the principal and
interest upon such bonds, to pay for the costs of facilities and expenses described in Exhibit A
hereto and to pay the costs of the District in administering the CFD, provided, however, that: (i)
the proceeds of the special tax shall only be used for said single purpose of financing those
facilities and expenses set forth in Exhibit A hereto; (ii) the CFD shall be required to establish an
account into which the proceeds of the special tax must be deposited; and (iii) the chief financial
officer of the CFD shall be required to file an annual report with the legislative body of the CFD
in accordance with Government Code Section 53411, and shall the annual appropriations limit
for the CFD be established in an amount equal to the total of all proceeds of the special tax
collected annually, and as defined by Article XIII B of the California Constitution, as adjusted
for changes in the cost of living and changes in population?
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND THIS 27th DAY OF
JULY, 2004.
By:.
Clerk of the Board, Menifee Union School District
397/019623-0026
521367.01 a07/06/04
RESOLUTION NO. 2005-06/01
RESOLUTION OF THE BOARD OF EDUCATION OF THE MENIFEE
UNION SCHOOL DISTRICT ACTING AS THE LEGISLATIVE BODY OF
COMMUNITY FACILITIES DISTRICT NO. 2004-2 OF THE MENIFEE
UNION SCHOOL DISTRICT AUTHORIZING THE ISSUANCE OF ITS 2005
SPECIAL TAX BONDS IN A PRINCIPAL AMOUNT NOT TO EXCEED FIVE
MILLION DOLLARS ($5,000,000) AND APPROVING CERTAIN
DOCUMENTS AND TAKING CERTAIN OTHER ACTIONS IN
CONNECTION THEREWITH
WHEREAS, the Board of Education of the Menifee Union School District (hereinafter
sometimes referred to as the "legislative body of the District"), has heretofore undertaken
proceedings and declared the necessity to issue bonds on behalf of Community Facilities District
No. 2004-2 of the Menifee Union School District (the "District") pursuant to the terms and
provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5,
Part 1, Division 2, Title 5 of the Government Code of the State of California (the "Act"); and
WHEREAS, pursuant to Resolution Nos. 2004-05/08 and 2004-05/09 adopted by the
legislative body of the District on July 27, 2004, the bond proposition (the "Proposition") was
submitted to the qualified electors within the District, and was unanimously approved at an
election held on July 27, 2004; and
WHEREAS, based upon Resolution Nos. 2004-05/08 and 2004-05/09 and the election,
the District was authorized to issue bonds hi one or more series, pursuant to the Act, in an
aggregate principal amount not to exceed $5,500,000 for the District; and
WHEREAS, the legislative body of the District has determined in accordance with
Government Code Section 53360.4 that a negotiated sale of the 2005 Special Tax Bonds to Stone
& Youngberg LLC (the "Underwriter") in accordance with the terms of the Bond Purchase
Contract approved as to form by this legislative body herein will result in a lower overall cost to
the District than a public sale; and
NOW, THEREFORE, THE BOARD OF EDUCATION OF THE MENIFEE UNION
SCHOOL DISTRICT ACTING AS THE LEGISLATIVE BODY OF COMMUNITY
FACILITIES DISTRICT NO. 2004-2 OF THE MENIFEE UNION SCHOOL DISTRICT DOES
HEREBY RESOLVE, ORDER AND DETERMINE 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. The Menifee Union School District, by its Resolution No. 2004-05/09,
adopted on July 27, 2004, has declared that the Proposition presented to the qualified electors of
the District on July 27, 2004 had received a favorable vote of more than two-thirds of the
qualified electors voting at said election, and that said Proposition has carried, and accordingly,
the legislative body of the District is presently authorized to issue from time to time as
determined by the legislative body, bonds for the benefit of the District for the purposes set forth
146/019623-0026
589039.04 a06/29/05
in the Proposition and to take the necessary steps to levy the special tax authorized by the
Proposition.
SECTION 3. The issuance of the 2005 Special Tax Bonds in a principal amount not to
exceed $5,000,000 is hereby authorized with the exact principal amount to be determined by the
official signing the Bond Purchase Contract in accordance with Section 6 below. The legislative
body of the District hereby determines that it is prudent in the management of its fiscal affairs to
issue the 2005 Special Tax Bonds. The 2005 Special Tax Bonds shall mature on the dates and
pay interest at the rates set forth in the Bond Purchase Contract to be executed on behalf of the
District in accordance with Section 6 hereof. All other provisions of the 2005 Special Tax Bonds
shall be governed by the terms and conditions set forth in the Fiscal Agent Agreement dated as
of July 1, 2005, (the "Fiscal Agent Agreement"), by and between the District and U.S. Bank
National Association, as Fiscal Agent (the "Fiscal Agent") on file with the Clerk of the District
and to be executed by the President and Clerk of the legislative body of the District, with such
additions thereto and changes therein as the officers executing the same deem necessary to cure
any ambiguity or defect therein if such addition or change does not materially alter the substance
or content thereof, to insert the offering price(s), interest rate(s), selling compensation, principal
amount per maturity, redemption dates and prices and such other related terms and provisions as
limited by Section 6 hereof, or to conform any provisions therein to the Bond Purchase Contract
or the Official Statement delivered to the purchasers of any bonds to be issued by the District.
Approval of such changes shall be conclusively evidenced by the execution and delivery of the
Fiscal Agent Agreement by such officers. Capitalized terms used in this Resolution which are
not defined herein have the meanings ascribed to them in the Fiscal Agent Agreement.
SECTION 4. The 2005 Special Tax Bonds shall be executed on behalf of the District by
the manual signature of the President of the legislative body of the District, and the seal of the
District, shall be impressed or imprinted thereon and attested with the manual signature of the
Clerk of the legislative body of the District.
SECTION 5. The covenants set forth in the Fiscal Agent Agreement to be executed in
accordance with Section 3 above are hereby approved, shall be deemed to be covenants of the
Board of Education, in its capacity as the legislative body of the District, and shall be complied
with by the District and its officers. The Fiscal Agent Agreement shall constitute a contract
between the District and the owners of the 2005 Special Tax Bonds.
SECTION 6. The form of the Bond Purchase Contract presented at this meeting is
hereby approved and any one of the President of the legislative body of the District, the
Superintendent or the Assistant Superintendent, Business Services are hereby authorized to
execute the Bond Purchase Contract, with such additions thereto and changes therein relating to
dates and numbers as are necessary to conform the Bond Purchase Contract to the dates, amounts
and interest rates applicable to the 2005 Special Tax Bonds as of the sale date. Approval of such
additions and changes shall be conclusively evidenced by the execution and delivery of the Bond
Purchase Contract; provided, however, that the Bond Purchase Contract shall be signed only if
the 2005 Special Tax Bonds are to be purchased at a price equal to the principal amount thereof
less the Underwriter's discount set forth in the Bond Purchase Contract. Each of the
Superintendent, his designee, and the Assistant Superintendent, Business Services are authorized
to determine the day on which the 2005 Special Tax Bonds are to be priced in order to attempt to
146/019623-0026
589039.04 a06/29/05
O
~
produce the lowest borrowing cost for the District and may reject any terms if determined not to
be in the best interest of the District.
SECTION 7. The form of the Preliminary Official Statement presented at this meeting
is hereby approved and the Underwriter is hereby authorized to distribute the Preliminary
Official Statement to prospective purchasers of the 2005 Special Tax Bonds in the form hereby
approved, together with such additions thereto and changes therein as are determined necessary
by the President of the legislative body of the District, or her designee, with the advice of bond
counsel, to make such Preliminary Official Statement final as of its date for purposes of Rule
15c2-12 of the Securities and Exchange Commission. Each of the President of this Board and
the Superintendent of the Menifee Union School District are hereby authorized to execute a final
Official Statement hi the form of the Preliminary Official Statement, together with such changes
as are determined necessary by the Superintendent or his designee, to make such Official
Statement complete and accurate as of its date. The Underwriter is further authorized to
distribute the final Official Statement for the 2005 Special Tax Bonds and any supplement
thereto to the purchasers thereof upon its execution on behalf of the District as described above.
SECTION 8. In accordance with the requirements of Section 53345.8 of the Act, the
legislative body of the District hereby finds and determines that the value of the real property in
the District subject to the special tax to pay debt service on the 2005 Special Tax Bonds is three
times the principal amount of the 2005 Special Tax Bonds and the principal amount of all other
bonds outstanding that are secured by a special tax levied pursuant to the Act or a special
assessment levied on property within the District. This determination is based on the full cash
value of such property as shown on the ad valorem assessment roll or upon an appraisal of the
property within the District by a state certified real estate appraiser, as defined in Business and
Professions Code Section 11340(c).
SECTION 9. The President and Clerk of the legislative body of the District and the
Assistant Superintendent, Business Services and the other officers and staff of the Menifee
Union School District and the District responsible for the fiscal affairs of the District are hereby
authorized and directed to take any actions and execute and deliver any and all documents
(including without limitation a Continuing Disclosure Certificate) as are necessary to accomplish
the issuance, sale and delivery of the 2005 Special Tax Bonds hi accordance with the provisions
of this Resolution and the fulfillment of the purposes of the 2005 Special Tax Bonds as described
in the Fiscal Agent Agreement, including providing certificates to the Underwriter as to the
accuracy of any information relating to the Menifee Union School District and the District which
is included within the Official Statement of the District. In the event that the President of the
legislative body of the District is unavailable to sign any document authorized for execution
herein, any other member of the legislative body of the District or the Superintendent, or his
written designee, may sign such document. Any document authorized herein to be signed by the
Clerk of the legislative body of the District may be signed by a duly appointed deputy clerk.
146/019623-0026
589039.04 a06/29/05
-2
"J ~
ADOPTED, SIGNED AND APPROVED this 12th day of July, 2005.
BOARD OF EDUCATION OF THE MENIFEE
UNION SCHOOL DISTRICT
oard of Education
ATTEST:
Victor Giardinelli
Clerk of the Board of Education of the
Menifee Union School District
STATE OF CALIFORNIA
)
)ss
COUNTY OF RIVERSIDE )
I, Victor Giardinelli, Clerk of the Board of Education of the Menifee Union School
District, do hereby certify that the foregoing Resolution was duly adopted by the Board of
Education of said District at a regular meeting thereof held on the 12th day of July, 2005, and
that it was so adopted by the following vote:
AYES:
Giardinelli, Irey, Peters, Twyman
NOES:
None
ABSENT:
None
ABSTAIN:
None
Clerk of the Board of Education of the
Menifee Union School District
146/019623-0026
589039.04 a06/29/05
-4-
DOC
« 2004—0603413
08/03/2004 08:00ft Fee:43.00
Page 1 of 13
Recorded in Official Records
County of Riverside
Gary L. Orso
Assessor, County Clerk & Recorder
RECORDING REQUESTED BY AND
AFTER RECORDATION RETURN TO:
Secretary of the Board
MENIFEE UNION SCHOOL DISTRICT
30205 Menifee Road
Menifee, California 92584
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MISC.
NOTICE OF SPECIAL TAX LIEN
Community Facilities District No. 2004-2 of the
Menifee Union School District
Pursuant to the requirements of Section 3114.5 of the California Streets and Highways
and Section 53328.3 of the California Government Code, the undersigned Clerk of the Board of
Education, Menifee Union School District (District), County of Riverside, State of California,
hereby gives notice that a lien to secure payment of a special tax which the Board of the District
is authorized to levy, is hereby imposed. The special tax secured by this lien is authorized to be
levied for the purpose of paying the costs of, and paying principal and interest on bonds the
proceeds of which are being used to finance the costs of, acquisition and construction of public
facilities described on Exhibit A attached hereto and hereby made a part hereof.
The special tax is authorized to be levied within Community Facilities District No. 20042 (CFD), which has now been officially formed and the lien of the special tax is a continuing lien
which shall secure each annual levy of the special tax and which shall continue in force and
effect until the special tax obligation is prepaid, permanently satisfied, and canceled in
accordance with law or until the special tax ceased to be levied and a notice of cessation of
special tax is recorded in accordance with Section 53330.5 of the Government Code.
The rate, method of apportionment and manner of collection of the authorized special tax
is as set forth in Exhibit B attached hereto and hereby made apart hereof. Conditions under
which the obligation to pay the special tax may be prepaid and permanently satisfied and the lien
of the special tax canceled are also set forth in said Exhibit B.
Notice is further given that upon the recording of this notice in the office of the County
Recorder of the County of Riverside, the obligation to pay the special tax levy shall become a
continuing lien upon all nonexempt real property within CFD No. 2004-2 in accordance with
Section 3115.5 of the Streets and Highways Code.
The name(s) of the owner(s) and the assessor's tax parcel number(s) of the real property
included within the improvement area of this CFD, and not exempt from the special tax, as they
appear on the latest secured assessment roll as of the date of recording of this notice or are
397/019623-0026
526983.01 a07/26/04
EXAM
otherwise known to the District are as set forth in Exhibit C attached hereto and hereby made a
part hereof.
Reference is made to the boundary map of the CFD recorded on July 2, 2004 as
Instrument No. 2004-0517698, at Book 57 of Maps of Assessment and Community Facilities
Districts at Page 29, in the office of the County Recorder for the County of Riverside, State of
California, which map is now the final boundary map of the CFD.
For further information concerning the current and estimated future tax liability of
owners or purchasers of real property subject to this special tax lien, interested persons should
contact the Assistant Superintendent, Business Services, of the Menifee Union School District,
30205 Menifee Road, Menifee, California 92584; telephone (909) 672-1851.
Dated: July 27, 2004
MENTFEE UNION SCHOOL DISTRICT
By:>^
Clerk of the Board
397/019623-0026
526983.01 a07/26/04
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EXHIBIT A
Community Facilities District No. 2004-2 of the
Menifee Union School District
DESCRIPTION OF FACILITIES TO BE FINANCED
The types of Facilities proposed to be financed by Community Facilities District No.
2004-2 (CFD) of the Menifee Union School District (District) under the Mello-Roos Community
Facilities Act of 1982, as amended (the Act) are as follows:
"Facilities" means those K-8 school sites, school facilities, including classrooms, on-site
office space at a school, central support and administrative facilities, interim housing, furniture,
equipment, technology, busses, and transportation facilities needed by District in order to serve
the student population to be generated as a result of development of the property within the CFD,
and also includes payment of fees for the Eastern Municipal Water District (EMWD) and/or
construction of improvements to be owned by EMWD through a Joint Community Facilities
Agreement.
"Facilities" shall also include the attributable costs of engineering, design, planning,
materials testing, coordination, construction staking, and construction, together with the expenses
related to issuance and sale of any "debt", as defined in Section 53317(d) of the Act, including
underwriters' discount, appraisals, market studies, reserve fund, capitalized interest, bond
counsel, special tax consultant, bond and official statement printing, administrative expenses of
the District, the CFD and bond trustee or fiscal agent related to the CFD, and any such debt and
all other incidental expenses. The Facilities shall be constructed, whether or not acquired in their
completed states, pursuant to plans and specifications approved by the District.
The Facilities listed in this Exhibit A are representative of the types of improvements to
be furnished by the CFD. Detailed scope and limits of specific projects will be determined as
appropriate, consistent with the standards of the District. Addition, deletion or modification of
descriptions of Facilities may be made consistent with the requirements of the Board of
Education of the District, the CFD and the Act.
397/019623-0026
526983.01 a07/26/04
CYTITOTT A
bAHUtSl 1 A
RATE AND METHOD OF APPORTIONMENT FOR
COMMUNITY FACILITIES DISTRICT NO. 2004-2
OF MENIFEE UNION SCHOOL DISTRICT
The following sets forth the Rate and Method of Apportionment for the levy and collection of
Special Taxes of Menifee Union School District ("School District") in Community Facilities
District ("CFD") No. 2004-2. An Annual Special Tax shall be levied on and collected in CFD No.
2004-2 each Fiscal Year in an amount determined through the application of the Rate and Method
of Apportionment described below. All of the real property in CFD No. 2004-2, unless exempted
by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner
herein provided.
SECTION A
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acreage" means the number of acres of land area of an Assessor's Parcel as shown on an
Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the Board may
rely on the land area shown on the applicable final map, parcel map, condominium plan, or other
recorded County parcel map.
"Act" means the Mello-Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5,
Division 2 of Title 5 of the Government Code of the State of California.
"Administrative Expenses" means any ordinary and necessary expense incurred by the School
District on behalf of CFD No. 2004-2 related to the determination of the amount of the levy of
Special Taxes, the collection of Special Taxes including the reasonable expenses of collecting
delinquencies, the administration of Bonds, the payment of salaries and benefits of any School
District employee whose duties are directly related to the administration of CFD No. 2004-2, and
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2004-2.
"Annual Special Tax" means the Special Tax actually levied in any Fiscal Year on any Assessor's
Parcel.
"Assessor's Parcel" means a lot or parcel of land designated on an Assessor's Parcel Map with an
assigned Assessor's Parcel Number within the boundaries of CFD No. 2004-2.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels
by Assessor's Parcel Number.
"Assessor's Parcel Number" means that number assigned to an Assessor's Parcel by the County
for purposes of identification.
"Assigned Annual Special Tax" means the Special Tax of that name described in Section D.
"Backup Annual Special Tax" means the Special Tax of that name described in Section E.
RMA Final
Page 1 of 8
June 22,2004
"Board" means the Governing Board of Menifee Union School District or its designee as the
legislative body of CFD No. 2004-2.
"Bond Index" means the national Bond Buyer Revenue Bond Index, commonly referenced as the
25-Bond Revenue Index. In the event the Bond Index ceases to be published, the index used shall
be based on a comparable index for revenue bonds maturing in 30 years with an average rating
equivalent to Moody's Al and S&P's A-plus, as reasonably determined by the Board.
"Bonds" means any obligation to repay a sum of money, including obligations in the form of
bonds, notes, certificates of participation, long-term leases, loans from government agencies, or
loans from banks, other financial institutions, private businesses, or individuals, or long-term
contracts, or any refunding thereof, which obligation may be incurred by CFD No. 2004-2 or the
School District.
"Building Permit" means a permit for the construction of one or more Units issued by the County,
or another public agency in the event the County no longer issues permits for the construction of
Units within CFD No. 2004-2. For purposes of this definition, "Building Permit" shall not include
permits for construction or installation of commercial/industrial structures, parking structures,
retaining walls, utility improvements, or other such improvements not intended for human
habitation.
"Building Square Footage" or "BSF" means the square footage of assessable internal living space
of a Unit, exclusive of any carports, walkways, garages, overhangs, patios, enclosed patios,
detached accessory structure, or other structures not used as living space, as determined by
reference to the Building Permit for such Unit.
"Calendar Year" means the period commencing January 1 of any year and ending the following
December 31.
"County" means the County of Riverside, State of California.
"Developed Property" means all Assessor's Parcels of Taxable Property for which Building
Permits were issued on or before May 1 of the prior Fiscal Year, provided that such Assessor's
Parcels were created on or before January 1 of the prior Fiscal Year and that each such Assessor's
Parcel is associated with a Lot, as determined reasonably by the Board.
"Exempt Property" means all Assessor's Parcels designated as being exempt from Special Taxes
in Section J.
"Final Map" means a final tract map, parcel map, lot line adjustment, or functionally equivalent
map or instrument that creates building sites, recorded in the County Office of the Recorder.
"Fiscal Year" means the period commencing on July 1 of any year and ending the following June
30.
"Lot" means an individual legal lot created by a Final Map for which a Building Permit could be
issued.
RMA Final
Page 2 of 8
June 22, 2004
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with
Section C, that can be levied by CFD No. 2004-2 in any Fiscal Year on any Assessor's Parcel.
"Minimum Annual Special Tax Requirement" means the amount required in any Fiscal Year to
pay: (i) the debt service or the periodic costs on all outstanding Bonds, (ii) Administrative Expenses
of CFD No. 2004-2, (iii) the costs associated with the release of funds from an escrow account, and
(iv) any amount required to establish or replenish any reserve funds established in association with
the Bonds, less (v) any amount available to pay debt service or other periodic costs on the Bonds
pursuant to any applicable bond indenture, fiscal agent agreement, or trust agreement.
"Partial Prepayment Amount" means the amount required to prepay a portion of the Annual
Special Tax obligation for an Assessor's Parcel, as described in Section H.
"Prepayment Amount" means the amount required to prepay the Annual Special Tax obligation in
full for an Assessor's Parcel, as described in Section G.
"Prepayment Administrative Fees" means the fees and expenses associated with the prepayment,
including the costs of computation of the Prepayment Amount, costs of redeeming Bonds, and costs
of recording any notices to evidence the prepayment and redemption of Bonds.
"Present Value of Taxes" means the present value of any Special Tax applicable to such
Assessor's Parcel in the current Fiscal Year not yet received by the District for CFD No. 2004-2,
plus the expected Annual Special Tax applicable to such Assessor's Parcel in each remaining Fiscal
Year until the termination date specified in Section H, using as the discount rate (i) the Yield On
The Bonds after Bond issuance or (ii) the most recently published Bond Index prior to Bond
issuance.
"Proportionately" means that the ratio of the actual Annual Special Tax levy to the applicable
Assigned Annual Special Tax is equal for all applicable Assessor's Parcels.
"Reserve Fund Credit" means, for each owner of an Assessor's Parcel wishing to prepay the
Annual Special Tax obligation of such Assessor's Parcel, an amount equal to the reduction in the
reserve requirement for the outstanding Bonds resulting from the redemption of Bonds with the
applicable prepaid Special Taxes. In the event that a surety bond of other credit instrument satisfies
the reserve requirement or the reserve requirement is under funded at the time of the prepayment, no
Reserve Credit shall be given.
"Special Tax" means any of the special taxes authorized to be levied by CFD No. 2004-2 pursuant
to the Act.
"Taxable Property" means all Assessor's Parcels which are not Exempt Property.
"Undeveloped Property" means all Assessor's Parcels of Taxable Property which are not
Developed Property.
"Unit" means each separate residential dwelling unit which comprises an independent facility
capable of conveyance separate from adjacent residential dwelling units.
"Yield On The Bonds" means the arbitrage yield for the last series of Bonds issued.
RMA Final
Page 3 of 8
June 22, 2004
SECTION B
CLASSIFICATION OF ASSESSOR'S PARCELS
For each Fiscal Year, beginning with Fiscal Year 2005-06, each Assessor's Parcel within CFD No.
2004-2 shall be classified as Taxable Property or Exempt Property. Furthermore, each Assessor's
Parcel of Taxable Property shall be classified as Developed Property or Undeveloped Property. For
each Assessor's Parcel of Developed Property, it shall be assigned to a Special Tax class based on
the BSF of the Unit as listed on the Building Permit(s) issued for each Assessor's Parcel.
SECTION C
MAXIMUM SPECIAL TAXES
Developed Property
The Maximum Special Tax for each Assessor's Parcel classified as Developed Property for
any Fiscal Year shall be the amount determined by the greater of (i) the application of the
Assigned Annual Special Tax or (ii) the application of the Backup Annual Special Tax.
Undeveloped Property
The Maximum Special Tax for each Assessor's Parcel classified as Undeveloped Property
for any Fiscal Year shall be the amount determined by the application of the Assigned
Annual Special Tax.
SECTION D
ASSIGNED ANNUAL SPECIAL TAXES
Developed Property
The Assigned Annual Special Tax in any Fiscal Year for each Assessor's Parcel of
Developed Property shall be the amount determined by reference to Table 1.
TABLE 1
ASSIGNED ANNUAL SPECIAL TAX FOR
DEVELOPED PROPERTY
Building
Square Feet
3,000 BSF
3,000 - 3,300 BSF
> 3,300 BSF
2.
Assigned Annual
Special Tax
$2,550.04 per Unit
S2,623.94 per Unit
Undeveloped Property
The Assigned Annual Special Tax rate in any Fiscal Year for an Assessor's Parcel classified
as Undeveloped Property shall be $14,969.68 per acre of Acreage.
RMA Final
Page 4 of 8
June 22,2004
SECTION E
BACKUP ANNUAL SPECIAL TAXES
Each Fiscal Year, each Assessor's Parcel of Developed Property shall be subject to a Backup
Annual Special Tax. The Backup Annual Special Tax rate in any Fiscal Year for Developed
Property within a Final Map shall be the rate per Lot calculated according to the following formula:
B=
UxA
L
The terms above have the following meanings:
B
U
=
=
A
=
L
=
Backup Annual Special Tax per Lot in each Fiscal Year
Assigned Annual Special Tax per acre of Acreage for
Undeveloped Property
Acreage of Taxable Property in such Final Map, as determined
by the Board pursuant to Section J
Lots in the Final Map
Notwithstanding the foregoing, if all or any portion of the Final Map(s) described in the preceding
paragraph is subsequently changed or modified, then the Backup Annual Special Tax for each
Assessor's Parcel of Developed Property in such Final Map area that is changed or modified shall
be a rate per square foot of Acreage calculated as follows:
1.
Determine the total Backup Annual Special Taxes anticipated to apply to the
changed or modified Final Map area prior to the change or modification.
2.
The result of paragraph 1 above shall be divided by the Acreage of Taxable
Property which is ultimately expected to exist in such changed or modified
Final Map area, as reasonably determined by the Board.
3.
The result of paragraph 2 above shall be divided by 43,560. The result is the
Backup Annual Special Tax per square foot of Acreage which shall be
applicable to Assessor's Parcels of Developed Property in such changed or
modified Final Map area for all remaining Fiscal Years in which the Special
Tax may be levied..
SECTION F
METHOD OF APPORTIONMENT OF THE ANNUAL SPECIAL TAX
Commencing Fiscal Year 2005-06 and for each subsequent Fiscal Year, the Board shall levy
Annual Special Taxes as follows:
Step One:
RMA Final
The Board shall levy an Annual Special Tax on each Assessor's Parcel of Developed
Property in an amount equal to the Assigned Annual Special Tax applicable to each
such Assessor's Parcel
Page 5 of 8
June 22,2004
Step Two:
If the sum of the amounts levied in step one is insufficient to satisfy the Minimum
Annual Special Tax Requirement, then the Board shall Proportionately levy an
Annual Special Tax on each Assessor's Parcel of Undeveloped Property, up to the
Maximum Special Tax applicable to each such Assessor's Parcel, to satisfy the
Minimum Annual Special Tax Requirement.
Step Three:
If the sum of the amounts levied in steps one and two is insufficient to satisfy the
Minimum Annual Special Tax Requirement, then the Board shall Proportionately
levy an Annual Special Tax on each Assessor's Parcel of Developed Property whose
Maximum Special Tax is derived by application of the Backup Annual Special Tax,
up to the Maximum Special Tax applicable to each such Assessor's Parcel, to satisfy
the Minimum Annual Special Tax Requirement.
SECTION G
PREPAYMENT OF ANNUAL SPECIAL TAXES
The Annual Special Tax obligation of an Assessor's Parcel of Developed Property or an Assessor's
Parcel of Undeveloped Property for which a Building Permit has been issued may be prepaid. An
owner of an Assessor's Parcel intending to prepay the Annual Special Tax obligation shall provide
CFD No. 2004-2 with written notice of intent to prepay. Within thirty (30) days of receipt of such
written notice, the Board shall reasonably determine the Prepayment Amount of such Assessor's
Parcel and shall notify such owner of such Prepayment Amount. In addition, any property owner
prepaying his or her Annual Special Tax obligation must also pay all delinquent Special Taxes,
interest and penalties owing on the Assessor's Parcel on which payment is being made, if any. The
Prepayment Amount shall be calculated according to the following formula:
P = PVT-RFC + PAF
The terms above have the following meanings:
P
PVT
RFC
PAF
=
=
=
=
Prepayment Amount
Present Value of Taxes
Reserve Fund Credit
Prepayment Administrative Fees
Notwithstanding the foregoing, no prepayment will be allowed unless the amount of Annual Special
Taxes that may be levied on Taxable Property, net of Administrative Expenses, shall be at least 1.1
times the regularly scheduled annual interest and principal payments on all currently outstanding
Bonds in each future Fiscal Year and such prepayment will not impair the security of all currently
outstanding Bonds, as reasonably determined by the Board. Such determination shall include
identifying all Assessor's Parcels mat are expected to become Exempt Property.
SECTION H
PARTIAL PREPAYMENT OF ANNUAL SPECIAL TAXES
The Annual Special Tax obligation of an Assessor's Parcel may be partially prepaid at the times and
under the conditions set forth in this section, provided that there are no delinquent Special Taxes,
penalties, or interest charges outstanding with respect to such Assessor's Parcel at the time the
Annual Special Tax obligation would be prepaid.
RMA Final
Page 6 of 8
June 22, 2004
1.
Partial Prepayment Times and Conditions
Prior to the issuance of the first Building Permit for the construction of a production Unit on
a Lot within a Final Map area, the owner of no less than all the Taxable Property within such
Final Map area may elect in writing to the Board to prepay a portion of the Annual Special
Tax obligations for all the Assessor's Parcels within such Final Map area, as calculated in
Section H.2. below. The partial prepayment of each Annual Special Tax obligation shall be
collected prior to the issuance of the first Building Permit with respect to each Assessor's
Parcel.
2.
Partial Prepayment Amount
The Partial Prepayment Amount shall be calculated according to the following formula:
PP = PG x F
The terms above have the following meanings:
PP =
PG =
F =
3.
the Partial Prepayment Amount
the Prepayment Amount calculated according to Section G
the percent by which the owner of the Assessor's Parcel is partially
prepaying the Annual Special Tax obligation
Partial Prepayment Procedures and Limitations
With respect to any Assessor's Parcel that is partially prepaid, the Board shall indicate in the
records of CFD No. 2004-2 that there has been a partial prepayment of the Annual Special
Tax obligation and shall cause a suitable notice to be recorded in compliance with the Act to
indicate the partial prepayment of the Annual Special Tax obligation and the partial release
of the Annual Special Tax lien on such Assessor's Parcel, and the obligation of such
Assessor's Parcel to pay such prepaid portion of the Annual Special Tax shall cease.
Additionally, the notice shall indicate that the Assigned Annual Special Tax and the Backup
Annual Special Tax for the Assessor's Parcels have been reduced by an amount equal to the
percentage which was partially prepaid.
Notwithstanding the foregoing, no partial prepayment will be allowed unless the amount of Annual
Special Taxes that may be levied on Taxable Property after such partial prepayment, net of
Administrative Expenses, shall be at least 1.1 times the regularly scheduled annual interest and
principal payments on all currently outstanding Bonds in each future Fiscal Year.
SECTION I
TERMINATION OF SPECIAL TAX
Annual Special Taxes shall be levied for a period of thirty-three (33) Fiscal Years after Bonds have
been issued, provided that Annual Special Taxes shall not be levied after Fiscal Year 2040-41.
RMA Final
Page 7 of 8
June 22, 2004
SECTION J
EXEMPTIONS
The Board shall classify as Exempt Property (i) Assessor's Parcels owned by the State of
California, Federal or other local governments, (ii) Assessor's Parcels which are used as places of
worship and are exempt from ad valorem property taxes because they are owned by a religious
organization, (iii) Assessor's Parcels used exclusively by a homeowners' association, (iv) Assessor's
Parcels with public or utility easements making impractical their utilization for other than the
purposes set forth in the easement, (v) Assessor's Parcels developed or expected to be developed
exclusively for non-residential use, including any use directly servicing any non-residential
property, such as parking, as reasonably determined by the Board, and (vi) any other Assessor's
Parcels at the reasonable discretion of the Board, provided that no such classification would reduce
the sum of all Taxable Property to less than 24.52 acres of Acreage. Notwithstanding the above, the
Board shall not classify an Assessor's Parcel as Exempt Property if such classification would reduce
the sum of all Taxable Property to less than 24.52 acres of Acreage. Assessor's Parcels which
cannot be classified as Exempt Property because such classification would reduce the Acreage of all
Taxable Property to less than 24.52 acres of Acreage will continue to be classified as Developed
Property or Undeveloped Property, as applicable, and will continue to be subject to Special Taxes
accordingly.
SECTION K
APPEALS
Any property owner claiming that the amount or application of the Special Tax is not correct may
file a written notice of appeal with the Board not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2004-2 shall
promptly review the appeal, and if necessary, meet with the property owner, consider written and
oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the
representative's decision requires that the Special Tax for an Assessor's Parcel be modified or
changed in favor of the property owner, a cash refund shall not be made (except for the last year of
levy), but an adjustment shall be made to the Annual Special Tax on that Assessor's Parcel in the
subsequent Fiscal Year(s).
SECTION L
MANNER OF COLLECTION
The Annual Special Tax shall be collected in the same manner and at the same time as ordinary ad
valorem property taxes, provided, however, that CFD No. 2004-2 may collect Annual Special Taxes
at a different time or in a different manner if necessary to meet its financial obligations.
J:\CLIENTS\MENIFEE.USD\MELLO\CSO Family\RMA_l .doc
RMA Final
Page 8 of 8
June 22,2004
EXHIBIT C
APN
OWNER
59-130-037
397/019623-0026
526983.01 a07/26/04
LM Menifee Valley, LLC
FYKTRTT
JlAtlltJl 1
Menifee Union School District
CFD No. 2004-2
Special Tax Levy For Fiscal Year 2013/2014
Book
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
July 9, 2013
Page
360
360
360
360
370
370
370
371
371
371
371
371
371
371
371
371
371
371
371
371
371
371
371
371
371
371
371
371
371
372
372
372
372
372
372
372
372
361
361
361
361
361
361
361
Parcel
1
2
3
4
1
2
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
1
2
3
4
5
6
7
8
1
2
3
4
5
6
7
Interest
7
8
9
0
8
9
0
1
2
3
4
5
6
7
8
9
9
0
1
2
3
4
5
6
7
8
8
9
0
4
5
6
7
8
9
0
1
0
1
2
3
4
5
6
Special Tax
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,550.04
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,623.94
$2,623.94
$2,623.94
$2,623.94
$2,623.94
$2,550.04
$2,365.24
$2,365.24
$2,623.94
$2,550.04
$2,365.24
$2,623.94
$2,623.94
$2,365.24
$2,550.04
$2,623.94
$2,623.94
$2,623.94
Page 1 of 4
Menifee Union School District
CFD No. 2004-2
Special Tax Levy For Fiscal Year 2013/2014
Book
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
July 9, 2013
Page
361
361
361
361
361
372
372
372
372
372
372
372
372
373
373
373
373
373
373
373
373
373
373
373
373
373
373
362
362
362
362
362
362
362
362
362
362
362
362
362
373
373
373
373
Parcel
8
9
10
11
12
9
10
11
12
13
14
15
16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
1
2
3
4
5
6
7
8
9
10
11
12
13
15
16
17
18
Interest
7
8
8
9
0
2
2
3
4
5
6
7
8
7
8
9
0
1
2
3
4
5
5
6
7
8
9
3
4
5
6
7
8
9
0
1
1
2
3
4
0
1
2
3
Special Tax
$2,550.04
$2,623.94
$2,365.24
$2,623.94
$2,623.94
$2,365.24
$2,550.04
$2,623.94
$2,623.94
$2,365.24
$2,623.94
$2,550.04
$2,365.24
$2,623.94
$2,623.94
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,623.94
$2,623.94
$2,550.04
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
Page 2 of 4
Menifee Union School District
CFD No. 2004-2
Special Tax Levy For Fiscal Year 2013/2014
Book
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
388
July 9, 2013
Page
373
373
373
373
373
373
373
363
363
363
363
363
363
363
363
363
363
363
363
374
374
374
374
374
374
374
374
374
374
374
363
363
363
374
374
374
363
363
363
363
363
363
363
363
Parcel
19
20
21
22
23
24
25
1
2
3
4
5
6
7
8
9
10
11
12
1
2
3
4
5
6
7
8
9
10
11
13
14
15
12
13
14
16
17
18
19
20
21
22
23
Interest
4
4
5
6
7
8
9
6
7
8
9
0
1
2
3
4
4
5
6
0
1
2
3
4
5
6
7
8
8
9
7
8
9
0
1
2
0
1
2
3
3
4
5
6
Special Tax
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,365.24
$2,550.04
$2,623.94
$2,365.24
$2,623.94
$2,550.04
$2,623.94
$2,623.94
$2,623.94
$2,623.94
$2,365.24
$2,623.94
$2,550.04
$2,365.24
$2,623.94
$2,623.94
$2,550.04
$2,365.24
$2,365.24
Page 3 of 4
Menifee Union School District
CFD No. 2004-2
Special Tax Levy For Fiscal Year 2013/2014
Book
388
388
388
388
388
388
388
388
388
388
388
388
388
388
Page
363
363
363
363
363
363
363
363
363
363
363
363
363
363
Parcel
24
25
26
27
28
29
30
31
32
33
34
35
36
37
Major Conclusions
Total Number of Parcels
Number of Parcels Taxed
Total Special Tax Levy for Fiscal Year 2013/2014
July 9, 2013
Interest
7
8
9
0
1
2
2
3
4
5
6
7
8
9
Special Tax
$2,623.94
$2,365.24
$2,550.04
$2,623.94
$2,623.94
$2,365.24
$2,550.04
$2,623.94
$2,623.94
$2,623.94
$2,623.94
$2,623.94
$2,550.04
$2,365.24
146
146
$357,927.64
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