HomeMy WebLinkAbout2050ORDINANCE NO. 2050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES
DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 3, VUE,
TRACT MAP NO. 38004 INTO COMMUNITY FACILITIES
DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES).
City Attorney Summary
This ordinance authorizes the City Council to levy special taxes within the City of Palm
Springs Community Facilities District for the purpose of financing police services, fire
protection and suppression services and life safety services.
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello -Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1.
Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City
of Palm Springs Community Facilities District Ordinance enacted pursuant to the powers
reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI of the
Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD
Ordinance may be referred to collectively as the "Community Facilities District Law"), to
establish the City of Palm Springs Community Facilities District No. 2007-1 (Public Safety
Services) (the "District") for the purpose of financing police services, fire protection and
suppression services, and life safety services (the "Services") as provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is
set forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City Council
of the City of Palm Springs, California, Forming and Establishing a Community Facilities
District," (the "Resolution of Formation"), which was adopted on October 17, 2007; and
WHEREAS, the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
September 9, 2021, adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of a Special Annexation Landowner
Election, Determining Validity of Prior Proceedings, and Directing the Recording of an
Amendment to Notice of Special Tax Lien for Annexation No. 3 Vue, Tract Map No. 38004,
into Community Facilities District No. 2007-1 (Public Safety Services)."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Ordinance No. 2050
Page 2
Section 2. By the passage of this Ordinance, the City Council hereby authorizes and
levies the special tax within the District, including the Annexation Territory, pursuant to the
Community Facilities District Law, at the rate and in accordance with the rate and method
of apportionment of special tax set forth in the Resolution of Formation, which rate and
method is by this reference incorporated herein. The special tax has previously been levied
in the original territory of the District beginning in Fiscal Year 2007-08 pursuant to
Ordinance No. 1723 passed and adopted by the City Council on November 7, 2007, and
the special tax is hereby levied commencing in Fiscal Year 2021-22 in the District, including
the Annexation Territory identified as Annexation No. 3, Vue, Tract Map No. 38004, and in
each fiscal year thereafter to pay for the Services for the District and the costs of
administering the District.
Section 3. The City's Finance Director or designee or employee or consultant of the City
is hereby authorized and directed each fiscal year to determine the specific special tax to
be levied for the next ensuing fiscal year for each parcel of real property within the District,
including the Annexation Territory, in the manner and as provided in the Resolution of
Formation.
Section 4. Exemptions from the levy of the special tax shall be as provided in the
Resolution of Formation and the applicable provisions of the Community Facilities District
Law. In no event shall the special tax be levied on any parcel within the District in excess of
the maximum special tax specified in the Resolution of Formation.
Section 5. All of the collections of the special tax shall be used as provided in the
Community Facilities District Law and in the Resolution of Formation, including, but not
limited to, the payment of the costs of the Services, the payment of the costs of the City in
administering the District, and the costs of collecting and administering the special tax.
Section 6. The special tax shall be collected in the same manner as ordinary ad valorem
taxes are collected and shall have the same lien priority, and be subject to the same
penalties and the same procedure and sale in cases of delinquency as provided for ad
valorem taxes; provided, however, that the City Council may provide for other appropriate
methods of collection by resolution(s) of the City Council. The Finance Director of the City
is hereby authorized and directed to provide all necessary information to the auditor/tax
collector of the County of Riverside in order to effect proper billing and collection of the
special tax, so that the special tax shall be included on the secured property tax roll of the
County of Riverside for Fiscal Year 2021-22 and for each fiscal year thereafter until no
longer required to pay for the Services or until otherwise terminated by the City.
Section 7. 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, including the
Annexation Territory, 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, including the
Annexation Territory, shall not be affected.
Ordinance No. 2050
Page 3
Section 8. The Mayor shall sign this Ordinance and the City Clerk shall cause the
same to be published immediately after its passage at least once in a newspaper of
general circulation for the City.
Section 9. This Ordinance shall take effect 30 days from the date of final passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 30TH DAY OF SEPTEMBER, 2021.
CHRISTY/,HOLSTEGE, IAIXYOR
Ordinance No. 2050
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. 2050 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on September 9, 2021,
and adopted at a regular meeting of the City Council held on September 30, 2021, by
the following vote:
AYES:
Councilmembers
Mayor Holstege
NOES:
None
ABSENT:
None
ABSTAIN:
None
Garner, Kors, Woods, Mayor Pro Tern Middleton, and
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 1 n day of cX 4,0e - , ?D2-I
Jn—thony J. ;eji i y Clerk
City of Palm,8prings, alifornia