ORDINANCE NO. 24/25-03 AN ORDINANCE OF THE MODESTO SYLVAN SCHOOLS INFRASTRUCTURE FINANCING AGENCY LEVYING A SPECIAL TAX WITHIN ANNEXATION NO. 2, WHICH WAS ANNEXED TO THE MODESTO SYLVAN SCHOOLS INFRASTRUCTURE FINANCING AGENCY COMMUNITY FACILITIES DISTRICT NO. 2022-1 (CROSSROADS WEST) THE AGENCY BOARD OF THE MODESTO SYLVAN SCHOOLS INFRASTRUCTURE FINANCING AGENCY, ACTING AS THE LEGISLATIVE BODY OF THE MODESTO SYLVAN SCHOOLS INFRASTRUCTURE FINANCING AGENCY COMMUNITY FACILITIES DISTRICT NO. 2022-1 (CROSSROADS WEST), DOES HEREBY ORDAINS AS FOLLOWS: Section 1. The Agency Board, as the governing board of the Modesto Sylvan Schools Infrastructure Financing Agency (the "Agency"), has undertaken proceedings to annex certain property ("Annexation No. 2") to the Modesto Sylvan Schools Infrastructure Financing Agency Community Facilities District No. 2022-1 (Crossroads West) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, set forth in California Government Code Section 53311 et seq. (the "Act"). Section 2. On April 16, 2025, the Agency Board adopted a resolution entitled "A Resolution of the Agency Board of the Modesto Sylvan Schools Infrastructure Financing Agency, Acting as Legislative Body of the Modesto Sylvan Schools Infrastructure Financing Agency Community Facilities District No. 2022-1 (Crossroads West), Declaring Its Intention to Annex Property to the District (Annexation No. 1) and Taking Related Actions" (the "Resolution of Intention"). Section 3. Pursuant to the Resolution of Intention, the Agency Board held a public hearing on May 21, 2025 (the "Hearing"), concerning the annexation of Annexation No. 2 to of the District. Section 4. At the Hearing, all persons desiring to be heard on matters pertaining to the annexation of Annexation No. 2 to the District and the levy of a special tax (the "Special Tax") in Annexation No. 2 were heard, substantial evidence was presented and considered by the Agency Board and a full and fair hearing was held. Section 5. After the Hearing, on May 21, 2025, the Agency Board adopted a resolution authorizing the annexation of Annexation No. 2 to the District (the "Resolution of Annexation"), and a resolution calling for a special election (the "Election") of qualified electors within Annexation No. 2; and Section 6. On May 21, 2025, the Election was held and more than two-thirds (2/3) of the votes cast in the Election by the qualified electors of Annexation No. 2 approved the proposition presented, including the levy of the Special Tax within Annexation No. 2. Section 7. By passage of this Ordinance, the Agency Board authorizes the levy of the Special Tax within Annexation No. 2 at the maximum rates and in accordance with the Rate and Method of Apportionment (the "Rate and Method") set forth in the exhibit to the Resolution of Annexation, which Rate and Method is hereby incorporated by reference. The Special Tax may be levied commencing fiscal year 2025-26, and in each fiscal year thereafter pursuant to the Rate and Method, subject to the limitations set forth in the Rate and Method. Section 8. The Agency Treasurer is hereby authorized and directed each fiscal year to determine on or before August 10 of each year (or such other date as established by law or by the County Auditor-Controller of the County of Stanislaus (the "County")) the specific amount(s) of the Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in accordance with the Rate and Method. The Agency Treasurer may use the assistance of such consultant or consultants, as the Agency Treasurer deems appropriate, to make such determination. Section 9. Properties or entities of the state, federal, or other local governments shall be exempt from the Special Tax only to the extent set forth in the Rate and Method, and otherwise shall be subject to tax consistent with the provisions of Government Code Section 53317.3 and 53317.5 Section 10. All of the collections of the Special Tax shall be used only as provided for in the Act and in the Resolution of Annexation. The Special Tax shall be levied only so long as needed for its purpose as described in the Resolution of Annexation. Section 11. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, that the Agency Board hereby reserves the right to utilize any other lawful means of billing, collecting and enforcing the special tax, including direct billing and supplemental billing, and as legally available, judicial foreclosure of Special Tax lien. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the applicable property owners. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments. The Agency Treasurer is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County in order to effect property billing and collection of the Special Tax shall be included on the secured property tax roll of the County for each fiscal year that the Special Tax will be levied. Section 12. If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, the balance of this Ordinance, and the application of the Special Tax to the remaining parcels within the District shall not be affected. Section 13. This Ordinance shall take effect 30 days after the date of its final passage. The Chair shall sign this Ordinance and the Agency Secretary shall attest the same. Section 14. The Agency Secretary shall cause this Ordinance to be published within 15 days after its passage at least once in a newspaper of general circulation in the jurisdiction of the Agency. INTRODUCED, and the first reading occurred on May 21, 2025; and PASSED, APPROVED AND ADOPTED, by the Agency Board of the Modesto Sylvan Schools Infrastructure Financing Agency at a meeting held on the 11th day of June 2025, by the following votes: AYES: Maestas, Rawe, Rego NOES: None ABSENT: Lopez, Miyakawa ABSTAIN: None /s/ George Rawe, President ATTEST: /s/ Lizett Aguilar, Secretary IPL0241903 Jun 15 2025