HomeMy WebLinkAbout2073ORDINANCE NO. 2073
' 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. 26,
TRACT MAP NO. 37935 INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).
Citv Attornev's Summa
This Ordinance authorizes the City Council to levy special
taxes within the City of Palm Springs Community Facilities
District No. 2005-1 and the Annexation Territory No. 26,
Tract Map No. 37935 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. 2005-1 (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 19,
2005; 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
November 28, 2022, 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, 26, Tract
Map No. 37935, into Community Facilities District No. 2005-1 (Public Safety Services)."
Ordinance No. 2073
Page 2
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.
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 2006-07 pursuant to Ordinance No. 1677 passed and adopted
by the City Council on November 2, 2005, and the special tax is hereby levied
commencing in Fiscal Year 2022-23 in the District, including the Annexation Territory
identified as Annexation No. 26, Tract Map No. 37935, 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 2022-23 and
for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City. '
Ordinance No. 2073
Page 3
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.
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.
INTRODUCED ON THE 281h DAY OF NOVEMBER 2022, AND ADOPTED THIS 15th
DAY OF DECEMBER 2022.
Lisa Middleton, Mayor
' ATTEST:
- 9-,7
B enda P ee, tity Clerk
Ordinance No 2073
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, Brenda Pree, City Clerk of the City of Palm Springs, California, do hereby
certify that Ordinance No. 2073 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council on November 28, 2022, and adopted
at a regular meeting of the City Council held on December 15, 2022, by the following
vote:
AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner and
Mayor Middleton
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the City of Palm Springs, California, this 10 �* day of'�oAi0.ru 12023
B enda Pee, MMC, City Clerk
City of Palm Springs, California