HomeMy WebLinkAbout21428 - RESOLUTIONS - 10/19/2005 RESOLUTION NO. 21428
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, FORMING AND
ESTABLISHING A COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES) AND AUTHORIZING
THE SUBMITTAL OF LEVY OF SPECIAL TAXES TO
QUALIFIED ELECTORS.
RESOLVED by the City Council (the "Council') of the City of Palm Springs (the "City"),
County of Riverside, State of California, that:
WHEREAS, on September 7, 2005, this Council adopted a resolution entitled "A
Resolution of Intention to Establish a Community Facilities District" (the 'Resolution of
Intention"), stating its intention to form Community Facilities District No. 2005.1 (Public
Safety Services) (the "District"), of the City pursuant to Chapter 2.5 of Part 1 of Division 2
of Title 5, commencing with Section 53311, of the California Government Code (the "Act");
WHEREAS, the Resolution of Intention, incorporating a map of the proposed boundaries
of the District and stating the services to be provided, the estimated cost of providing such
services, and the rate and method of apportionment of the special tax to be levied within
the District to pay for the services, is on file with the City Clerk and the provisions thereof
are incorporated herein by this reference as if fully set forth herein;
WHEREAS, on this date, this Council held a noticed public hearing as required by the Act
and the Resolution of Intention relative to the proposed formation of the District;
WHEREAS, at the hearing all interested persons desiring to be heard on all matters
pertaining to the formation of the District, the services to be provided therein and the levy
of such special tax were heard and a full and fair hearing was held;
WHEREAS, at the hearing evidence was presented to this Council on such matters before
it, including a special report (the 'Report') as to the services to be provided through the
District and the costs thereof, a copy of which is on file with the City Clerk, and this Council
at the conclusion of said hearing is fully advised in the premises;
WHEREAS, written protests with respect to the formation of the District, the furnishing of
specified types of services and the rate and method of apportionment of the special taxes
have not been filed with the City Clerk by fifty percent (50%) or more of the registered
voters residing within the territory of the District or property owners of one-half (1/2) or
more of the area of land within the District and not exempt from the proposed special
taxes; and
WHEREAS, the special tax proposed to be levied in the District to pay for the proposed
services has not been eliminated by protest by fifty percent (50%) or more of the
registered voters residing within the territory of the District or the owners of one-half (1/2)
or more of the area of land within the District and not exempt from the special taxes.
Resolution No. 21428
Page 2
NOW, THEREFORE, IT IS HEREBY ORDERED as follows: ,
1. Recitals Correct. The foregoing recitals are true and correct.
2. Public Hearing. On this date, pursuant to notice thereof duly given as provided by
law, the City Council held a public hearing with respect to the establishment of the District
and the annual levying of specified special taxes on taxable property within the District to
pay for public services for the CFD as described in Section 7 hereof.
3. No Majority Protest. The proposed special tax to be levied within the District has
not been precluded by majority protest pursuant to section 53324 of the Act.
4. Prior Proceedings Valid. All prior proceedings taken by this City Council in
connection with the establishment of the District 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.
5. Name of the District. The community facilities district designated "Community
Facilities District No. 2005-1 (Public Safety Services)" of the City is hereby established
pursuant to the Act.
6. Boundaries of the District. The boundaries of the District, as set forth in the map of
the District heretofore recorded in the Riverside County Recorder's Office on September
16, 2005, in Book 64 at Pages 8 through 14 as Instrument No. 2005-0766949 of Maps of
Assessment and Community Facilities Districts and as amended and set forth as Exhibit
C, are hereby approved, are incorporated herein by reference and shall be the boundaries
of the District.
7. Description of Services. The type of public services proposed to be financed by the
District and pursuant to the Act shall consist of those items shown in Exhibit A hereto and
by this reference incorporated herein (the "Services").
8. Special Tax.
a. Except to the extent that funds are otherwise available to the District
to pay for the Services, a special tax (the "Special Tax") sufficient to pay the costs
thereof, secured by the recordation of a continuing lien against all non-exempt real
property in the District, is intended to be levied annually within the District, and
collected in the same manner as ordinary ad valorem property taxes or in such
other manner as may be prescribed by this Council.
b. The proposed rate and method of apportionment of the Special Tax
among the parcels of real property within the District, in sufficient detail to allow
each landowner within the proposed District to estimate the maximum amount such
owner will have to pay, are shown in Exhibit B attached hereto and hereby
incorporated herein.
Resolution No. 21428
Page 3
9, Report. The Report is hereby approved and is made a part of the record of the
public hearing regarding the formation of the District, and is ordered to be kept on file with
the Clerk of the City as part of the transcript of these proceedings.
10. Increased Demands. It is hereby found and determined that the Services are
necessary to meet increased demands placed upon local agencies, including the City, as
the result of development occurring in the District.
11. Responsible Official. The Finance Director of the City of Palm Springs, City Hall,
3200 East Tahquitz Canyon Way, Palm Springs, CA 92262, telephone number (760) 323-
8299, is the officer of the City who will be responsible for preparing annually a current roll
of the levy of the Special Tax obligations by assessor's parcel number and who will be
responsible for estimating future levies of the Special Tax.
12. Tax Lien. Upon recordation of a notice of special tax lien pursuant to Section
3114.5 of the California Streets and Highways Cade, a continuing lien to secure each levy
of the Special Tax shall attach to all nonexempt real property in the District 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
Special Tax by the City ceases.
13. Appropriations Limit. In accordance with the Act, the annual appropriations limit, as
defined by subdivision (h) of Section 8 of Article XIII 8 of the California Constitution, of the
District is hereby preliminarily established at $115,500,000 and such appropriations limit
shall be submitted to the voters of the District as hereafter provided. The proposition
establishing such 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 the Act and the Constitution.
14. Description of Voting Procedures. The voting procedures to be followed in
conducting the special elections on (i) the proposition of the annual levy of the Special Tax
and (ii) the proposition with respect to the establishment of an appropriations limit for the
District in the amount of $115,500,000, if the District is established and such special
elections (the "Special Elections") are held, shall be as follows:
a. If at least 12 persons have been registered to vote within the territory
of the District for each of the 90 days preceding the close of the public or
protest hearing (the "protest hearing"), the vote in the Special Elections shall
be by the registered voters of the District with each voter having one vote. In
that event, the Special Elections shall be conducted by the Clerk, and shall
be held on a date selected by the City Council in conformance with the
provisions of Section 53326 of the California Government Code and
pursuant to the provisions of the California Elections Code governing
elections of cities, insofar as they may be applicable, and pursuant to said
Section 53326 the ballots for the Special Elections shall be distributed to the
qualified electors of the District by mail with return postage prepaid or by
personal service, and the Special Elections shall be conducted as a mail
ballot election.
Resolution No. 21428
Page 4
b. If 12 persons have not been registered to vote within the territory of '
the District for each of the 90 days preceding the close of the protest
hearing, and pursuant to Section 53326 of the California Government Code,
the vote is therefore to be by the landowners of the District, with each
landowner of record at the close of the protest hearing having one vote for
each acre or portion of an acre of land that he or she owns within the District,
the Special Elections shall be conducted by the City Clerk pursuant Section
53326 of the California Government Code as follows:
(i) The Special Elections shall be held on the earliest date,
following the adoption by the City Council of the resolution of
formation establishing the District pursuant to Section 53325.1 of the
California Government Code, and a resolution pursuant to Section
53326 of said Code submitting the propositions with respect to: (i) the
levy of special taxes to finance police services and fire protection and
suppression services and (ii) the establishing of an appropriations limit
therefore to the qualified electors of the District, upon which such
elections can be held pursuant to said Section 53326 which may be
selected by the City Council, or such earlier date as the owners of
land within the District and the Clerk agree and concur is acceptable.
(ii) Pursuant to said Section 53326, the Special Elections
may be held earlier than 90 days following the close of the protest
hearing if the qualified electors of the District waive the time limits for
conducting the elections set forth in said Section 53326 by unanimous
written consent and the Clerk concurs in such earlier election date as
shall be consented to by the qualified electors.
(iii) Pursuant to said Section 53326, ballots for the Special
Elections shall be distributed to the qualified electors by the Clerk by
mail with return postage prepaid, or by personal service.
(iv) Pursuant to applicable sections of the California
Elections Code governing the conduct of mail ballot elections of cities,
and specifically Division 4 (commencing with §4000 of the California
Elections Code with respect to elections conducted by mail), the Clerk
shall mail (or deliver) to each qualified elector an official ballot in a
form specified by the City Council in the resolutions calling the Special
Elections, and shall also mail to all such qualified electors a ballot
pamphlet and instructions to voter, including a sample ballot identical
in form to the official ballot but identified as a sample ballot, an
impartial analysis by Counsel to City pursuant to Section 9280, as
amended, of said Code with respect to the ballot propositions
contained in the official ballot, arguments and rebuttals, if any,
pursuant to Sections 9281, as amended, to 9287, as amended,
inclusive, and 9295, as amended, of said Code, a return identification
envelope with prepaid postage thereon addressed to the Clerk for the
Resolution No. 21428
Page 5
' return of voted official ballots, and a copy of the form of Resolution of
Formation establishing the CFD, adopted by the City Council pursuant
to Section 53325.1 of the California Government Code, and the
exhibits thereto; provided, however, that such analysis and arguments
may be waived with the unanimous consent of all the landowners, and
in such event a finding regarding such waivers shall be made in the
resolution adopted by the City Council calling the Special Elections.
(v) The official ballot to be mailed (or delivered) by the Clerk
to each landowner shall have printed or typed thereon the name of
the landowner and the number of votes to be voted by the landowner
and shall have appended to it a certification to be signed by the
person voting the official ballot which shall certify that the person
signing the certification is the person who voted the official ballot, and
if the landowner is other than a natural person, that he or she is an
officer of or other person affiliated with the landowner entitled to vote
such official ballot, that he or she has been authorized to vote such
official ballot on behalf of the landowner, that in voting such official
ballot it was his or her intent, as well as the intent of the landowner, to
vote all votes to which the landowner is entitled based on its land
ownership on the propositions set forth in the official ballot as marked
thereon in the voting square opposite each such proposition, and
further certifying as to the acreage of the landowner's land ownership
within the District.
(vi) The return identification envelope delivered by the Clerk
to each landowner shall have printed or typed thereon the following:
(i) the name of the landowner, (ii) the address of the landowner, (iii) a
declaration under penalty of perjury stating that the voter is the
landowner or the authorized representative of the landowner entitled
to vote the enclosed ballot and is the person whose name appears on
the identification envelope, (iv) the printed name and signature of the
voter, (v) the address of the voter, (vi) the date of signing and place of
execution of said declaration, and (vii) a notice that the envelope
contains an official ballot and is to be opened only by the Clerk.
(vii) The instruction to voter form to be mailed by the Clerk to
the landowners shall inform them that the official ballots shall be
returned to the Clerk properly voted as provided thereon and with the
certification appended thereto properly completed and signed in the
sealed return identification envelope with the certification thereon
completed and signed and all other information to be inserted thereon
properly inserted no later than 7:00 p.m. on the date of the election, or
immediately after the Resolution Calling the Special Election is
adopted.
(viii) Upon receipt of the return identification envelopes,
which are returned prior to the voting deadline on the date of the
Resolution No. 21428
Page 6
elections, the Clerk shall canvass the votes cast in the Special
Elections, and shall file a statement with the City Council as to the
results of such canvass and the election on each proposition set forth
in the official ballot.
15. Annexation Territory. Other property within the boundaries of the City may be
annexed into the District upon the condition that parcels within that territory may be
annexed only with the unanimous approval of the owner or owners of each parcel or
parcels at the time that parcel or those parcels are annexed.
16. Exempt Property. Pursuant to Section 53340 of the California Government Code,
properties of entities of the state, federal and local governments or used for public rights of
way or other public uses shall be exempt from the levy of special taxes of the District.
17. Effective Date. This resolution shall take effect upon its adoption.
ADOPTED this 191h day of October, 2005.
David H. Ready, i y an er
ATTEST: ,
es Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21428 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on October 19, 2005, by the
following vote:
AYES: Councilmembers Foat, Mills, Pougnet and Mayor Oden
NOES: Mayor Pro Tern McCulloch
ABSENT: None
ABSTAIN: None
?er,7�Thompsojirl, City C erk Palm Spgs, California
Resolution No. 21428
Page 7
' EXHIBIT A
DESCRIPTION OF SERVICES
Police services, fire protection and suppression services, and life safety services (the
"Services") of the City of Palm Springs required to sustain the service delivery capability
for emergency and non-emergency services to new growth areas of the City of Palm
Springs, including but not limited to (i) the costs of contracting services, (ii) equipment,
vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and
benefits of City staff that directly provide police services and fire protection and
suppression services and life safety services, respectively, and (iv) City overhead costs
associated with providing such services within the District. On each July 1 following the
Base Year the increases attributed to salaries and benefits shall be calculated and limited
to the increase based on the Annual Escalation Factor. The Special Tax provides only
partial funding for police, fire and life safety services.
Resolution No, 21428
Page 8
EXHIBIT B '
RATE AND METHOD OF APPORTIONMENT
A Special Tax of Community Facilities District No. 2005-1 (Public Safety Services) of the
City of Palm Springs (the "District") shall be levied on all Assessor's Parcels in the District
and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount
determined by the City through the application of the rate and method of apportionment of
the Special Tax set forth below. All of the real property in the District, unless exempted by
law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the
manner herein provided.
DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Acre or Acreage" means the 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
land area shown on the applicable final subdivision map, other final map, other parcel
map, other condominium plan, or functionally equivalent map or instrument recorded in the
Office of the County Recorder. The square footage of an Assessor's Parcel is equal to the
Acreage multiplied by 43,560.
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, '
Division 2 of Title 5 of the Government Code of the State of California, as amended, which
authorizes the establishment of the District to finance: a) police protection services, and b)
fire protection and suppression services, and life safety services including but not limited
to ambulance and paramedic services.
"Administrative Expenses" means the actual or estimated costs incurred by the City as
administrator of the District to determine, levy and collect the Special Taxes, including the
proportionate amount of the salaries and benefits of City employees whose duties are
directly related to administration of the District and the fees of consultants, legal counsel,
the costs of collecting installments of the Special Taxes upon the general tax rolls,
preparation of required reports; and any other costs required to administer the District as
determined by the City.
"Annual Escalation Factor" means the greater of the increase in the annual percentage
change of the All Urban Consumers Consumer Price Index (CPI) or the percent increase
of salaries and benefits for public safety employees as stated in the Memorandum of
Understanding for the fiscal year of the Special Tax. The annual GPI used shall be for the
area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April
update. The annual CPI used shall be as determined by the United States Department of
Labor, Bureau of Labor Statistics, and may be obtained through the California Division of
Labor Statistics and Research (www.dir.ca.gov/dlsr). If the foregoing index is not available, ,
the CFD Administrator shall select a reasonably comparable index.
Resolution No. 21428
Page 9
".Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an
assigned assessor's parcel number.
"Assessor's Parcel Map" means an official map of the Assessor of the County designating
parcels by assessor's parcel number.
"Base Year" means Fiscal Year ending June 30, 2007.
"City" means the City of Palm Springs.
"Council" means the City Council of the City of Palm Springs, acting as the legislative body
of the District.
"County" means the County of Riverside, California.
"Developed Multi-Family Residence" means all Assessor's Parcels of Developed Property
for which a building permit has been issued for purposes of constructing a residential
structure consisting of two or more residential units that share common walls, including,
but not limited to, duplexes, triplexes, town homes, condominiums, and apartment units.
"Developed Property" means all Taxable Property, exclusive of Property Owner
Association Property, Non-Residential Property, or Public Property, for which a building
permit was issued after January 1, 2006 and prior to May 1st preceding the Fiscal Year in
which the Special Tax is being levied.
"Developed Single-Family Residence" means all Assessors' Parcels of Developed
Property for which a building permit(s) has been issued for purposes of constructing one
single-family residential dwelling unit.
"District Administrator" means an official of the City, or designee thereof, responsible for
determining the Special Tax Requirement and providing for the levy and collection of the
Special Taxes.
"District" means Community Facilities District No. 2005-1 (Public Safety Services) of the
City of Palm Springs.
"Entitled Property" means an Assessor's Parcel and/or Lot in the District, which has a
Final Map recorded prior to January 1 st preceding the Fiscal Year in which the Special
Tax is being levied, but for which no building permit has been issued prior to the May 1st
preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled
Property" shall apply only to Assessors' Parcels and/or Lots, which have been subdivided
for the purpose of residential development, excluding any Assessor's Parcel that is
Resolution No. 21428
Page 10
designated as a remainder parcel determined by final documents and/or maps available to ,
the District Administrator.
"Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map,
other final map, other condominium plan, or functionally equivalent map that has been
recorded in the Office of the County Recorder.
"Fiscal Year" means the period starting July 1 and ending on the following June 30.
"Land Use Class" means any of the classes listed in Table 1.
"Lot" means property within a recorded Final Map identified by a lot number for which a
building permit has been issued or may be issued.
"Maximum Special Tax" means the maximum Special Tax, determined in accordance with
Section C below that can be levied in the District in any Fiscal Year on any Assessor's
Parcel.
"Non-Residential Property" means all Assessors' Parcels for which a building permit(s)
has been issued for a non-residential use and does not contain any residential units as ,
defined under Developed Single Family Residence or Developed Multi-Family Residence.
"Property Owner Association Property" means any property within the boundaries of the
District that is owned by, or irrevocably dedicated as indicated in an instrument recorded
with the County Recorder to a property owner association, including any master or sub-
association.
"Proportionately" means in a manner such that the ratio of the actual Special Tax levy to
the Maximum Special Tax is equal for all Assessor's Parcels within each Land Use Class.
"Public Property means any property within the boundaries of the District that is, at the
time of the District formation or at the time of an annexation, expected to be used for
rights-of-way, parks, schools or any other public purpose and is owned by or irrevocably
offered for dedication to the federal government, the State, the County, the City or any
other public agency.
"Public Safety Service Costs" means the estimated and reasonable costs of providing
police services and fire protection and suppression services and life safety services,
including but not limited to (i) the costs of contracting services, (ii) equipment, vehicles,
ambulances and paramedics, fire apparatus, supplies, (iii) the salaries and benefits of City '
staff that directly provide police services and fire protection and suppression services and
life safety services, respectively, and (iv) City overhead costs associated with providing
such services within the District. On each July 1 following the Base Year the increases
Resolution No. 21428
Page 11
attributed to salaries and benefits shall be calculated and limited to the increase based on
the Annual Escalation Factor. The Special Tax provides only partial funding for police, fire
and life safety services.
"Special Tax" means the Special Tax to be levied in each Fiscal Year on each Assessor's
Parcel of Taxable Property to fund the Special Tax Requirement, and shall include Special
Taxes levied or to be levied under Sections C and D, below.
"Special Tax Requirement" means that amount required in any Fiscal Year for the District
to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii)
pay any amounts required to establish or replenish any reserve funds; and (iv) pay for
reasonably anticipated delinquent Special Taxes based on the delinquency rate for
Special Taxes levied in the previous Fiscal Year; less any surplus of funds available from
the previous Fiscal Year's Special Tax levy.
"State" means the State of California.
"-taxable Property" means all of the Assessor's Parcels within the boundaries of the
District and any future annexation to the District that are not exempt from the Special Tax
pursuant to law or as defined herein.
1 "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-
Exempt Property includes: (i) Public Property, (ii) Property Owner Association Property,
(iii) Non-Residential Property, and (iv) property designated by the City or District
Administrator as Tax-Exempt Property.
"Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable
Property not classified as Developed Property or Entitled Property, including an
Assessor's Parcel that is designated as a remainder parcel and is not identified as
potential Public Property by any final documents and/or maps available to the District
Administrator.
"Unit" means any separate residential dwelling unit in which a person or persons may live,
which comprises an independent facility capable of conveyance separate from adjacent
residential dwelling units and is not considered to be for commercial or industrial use.
A. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all Taxable Property within the District shall
be classified as Developed Property, Entitled Property, or Undeveloped Property.
1 Developed Property shall be further classified as Developed Single-Family Residence or
Developed Multi-Family Residence. Commencing with the Base Year and for each
subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to
Sections C and D below.
Resolution No. 21428
Page 12
B. MAXIMUM SPECIAL TAX RATE '
1. Developed Property
TABLE 1
Maximum Special Tax for Developed Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class Per Unit
Developed Single
1 Family Residence $350 per Unit
2 Developed Multi-Family $295 per Unit
Residence
On each July 1 following the Base Year (i.e., July 1, 2007), the Maximum
Special Tax Rates in Table 1 shall be increased in accordance with the
Annual Escalation Factor. Once the Maximum Special Tax Per Unit is equal '
to $500 per Unit, no further Annual Escalation Factor shall be applied and
the Maximum Special Tax Per Unit shall not exceed $500.
2. Entitled Property
TABLE 2
Maximum Special Tax for Entitled Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class Per Lot
3 Entitled Property $100 per Lot
No Annual Escalation Factor shall be applied to the Maximum Special Tax
Per Lot for Entitled Property.
3. Undeveloped Property '
Undeveloped Property will be assigned a Maximum Special Tax Rate of
$500 per acre or portion thereof, with a minimum rate of $100 for
Resolution No. 21428
Page 13
Undeveloped Property less than or equal to one-forth (1/4) of an Acre as
described in Table 3.
TABLE 3
Maximum Special Tax for Undeveloped Property
Community Facilities District No. 2005-1
(Public Safety Services)
Maximum
Land Use Description Special Tax
Class Per Parcel/Acre
4 Undeveloped $100 per
Property 9/4 Acre Assessors Parcel
5 Undeveloped
Property >1/4 Acre $500 per Acre
No Annual Escalation Factor shall be applied to the Maximum Special Tax
Per Parcel/Acre for Undeveloped Property.
4. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Property.
5. Multiple Land Use Classes
In some instances an Assessor's Parcel may contain more than one Land
Use Class. The Maximum Special Tax levied on an Assessor's Parcel shall
be the sum of the Maximum Special Tax levies that can be imposed on all
Land Use Classes located on that Assessor's Parcel.
C. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, the
District Administrator shall calculate the Special Tax Requirement based on the
definitions in Section A and levy the Special Tax as follows until the amount of the
Special Tax levied equals the Special Tax Requirement. First, the Special Tax shall
be levied each Fiscal Year on each Assessor's Parcel of Developed Property
Proportionately between Developed Single-Family Residence and Developed Multi-
Family Residence up to 100% of the applicable Maximum Special Tax. Second, if
the Special Tax Requirement has not been satisfied by the First step, then the
Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled
Property up to 100% of the applicable Maximum Special Tax for Entitled Property.
Resolution No. 21428
Page 14
Lastly, if the first two steps have not satisfied the Special Tax Requirement, then '
the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of
Undeveloped Property up to 100% of the applicable Maximum Special Tax for
Undeveloped Property.
D. APPEALS
Any taxpayer that believes that the amount of the Special Tax assigned to an
Assessor's Parcel is in error may file a written notice with the District Administrator
appealing the levy of the Special Tax. This notice is required to be filed with the
District Administrator during the Fiscal Year the error is believed to have occurred.
The District Administrator or designee will then promptly review the appeal and, if
necessary, meet with the taxpayer. If the District Administrator verifies that the tax
should be changed the Special Tax levy shall be corrected and, if applicable in any
case, a refund shall be granted.
E. EXEMPTIONS
1. Residential Property
Residential Properties which annually meet one or more of the following
standards shall be exempt from payment of the Special Tax:
a. A Residential Property consisting of one or two person(s) earning '
$15,300 or less gross income per year, upon complying with
procedures to establish such exemption, or
b. A Residential Property consisting of three persons earning $17,900 or
less gross income per year, upon complying with procedures to
establish such exemption, or
C. A Residential Property which qualifies for either the Low Income Rate
Assistance (LIRA) exemption for electrical or gas services or the
Lifeline exemption for telephone services.
The City is authorized and directed to promulgate administrative rules and
procedures for verification of eligibility for the exemptions referred to in
section F.
F. MANNER OF COLLECTION
Special Tax as levied pursuant to Section D above shall be collected in the same
manner and at the same time as ordinary ad valorem property taxes; provided,
however, that the District Administrator may directly bill the Special Tax, may collect
Special Taxes at a different time or in a different manner if necessary to meet the
financial obligations of the District or as otherwise determined appropriate by the
District Administrator. ,
Resolution No. 21428
Page 15
G. TERM OF SPECIAL TAX
Every five years after the establishment of the District, the City Council may
reexamine, if deemed necessary by City Council, the necessity of the continuance
of the Special Tax through the preparation of a Fiscal Impact Analysis, otherwise
the Special Tax shall be levied in perpetuity.
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