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HomeMy WebLinkAbout6/20/2007 - STAFF REPORTS - 1.C. VotesOwner Legal Iv Atith orl�zed Sig n or Acreage 34214 595-283-009 803 N. Palm Canyon Drive Wallace Hrdllcka 0.55 1 4.89% , [34933 508-181-017 and 508-181-01_8 _ __ Five.Star Property Development, LLC _ Larry Cornell �1 0.69 _ 1 _ G.1401b _ 33878 504-040-038, 504-133-001, and 504-133-002 PS Racquet Club Properties. LLC 1.1 ichaeI Mueller or Van Scott]ones } 10 10 88.97% i 11.24 12 1.00.00010 i I i i i i I I (� 4 PALM sA4 0 u w w cR{►FpR�tiP w OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No.2005-1 (Public Safety Services) Annexation No.3 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way,Palm Springs, California, 92262. To vote, marls a cross N in the voting square after the word 'W--S" or after the word "NO All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly mark,tear, or deface this ballot,return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 3 of the City of Palm Springs Community Facilities District es 2005-1 (Public Safety Services), County of Riverside, State of California (the uu "DistriceD; and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the ❑ No special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit`B"to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION B: Shall an appropriations limit,as defined by subdivision (h) of Yes Section 8 of Article=of the California Constitution,be established for Annexation No. 3 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services),County of Riverside,State of California,in the amount of ❑ No 5115,500,000? Number of votes: 1 Tract: 34933 Project Name: Five Star Property Development,LLC Property Owner: Five P Development,LLC By: E 1 La ads lrncr Na me and Address: Floe S{ r Pro.tr�v Lev cloP•n s.sf�L L' p C: Z 166'SS S F iP.vart'eya f 4r' To: CITY CLERK 1f� 1 hr a r2.P 472L 7 CITY OF PALM SPRINGS _ T v 0.; i i„'i 3300 E.TAHQUITZ CYNI WAY OFFICIAL BALLOT FOR CITY OF PALM SPRINGS PALM SPRINGS, CA 92262 CFD ArO. 2005-1,ANeVEXATIONNO. 3 1',1; LLB STATE OF CALIFORNIA ) C. I f ��� Fxeculed an .1 a N G 1.3 ,2007 )SS COUNTY OF RIVERSIDE ] Ai /X, I rJou +� ❑ ]P (Ctiy (Stair] I certify under penalty of penury under [he laws of[lie S1a[c of Cahfomia tliai the voter is dre onmer of record or[he au[honzed represenlahve of[he o%mer of record By enulled[o❑o[e and is[he person whose name appears on[his idcnu Gca[}}o�n envclype [ _ o I S'SSS S E�iv er1�"+s s7 e7r A 1 rni inn: This envelope con[ams an elec hon hallo[and is In he opened only by[lie canvassing 'O • ..r A ,na,ll 10 I Jon ki L aerf7.2C 7 hoard n•dli respect Ia[he City of Palm Springs Community Eacili h es Dis MCI No.2005-1 (Public Voter(prim name) Voter Address Safely Services),Am icxAcut No.3 special election to be held on June 20,2007 WAR:CING THE VOTER MUST SIGN THE ENVELOPE IN HIS+HER O@IN HANDWRITING IN ORDER FOR II M BALLOT TO BE COUNTED. B ALLOT RETURN ENVELOPE (E\CLOSE VOTED BALLOT ONLY IN THIS ENVELOPE) Y i 1 . 1 C4 QALM Spy y u �n a m d� �R1rrgRNto- OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Conantunity Facilities District No. 2005-1 (Public Safety Services) Annexation No. 3 This ballot is for a special landowner election. You musr return dus ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262. To vote, marl: a cross (1) in the voting square after the word "YES" or after the word "NO". All disringuishing marks otherwise made are forbidden and make the ballot void. If you wrongly marls, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another- PROPOSITION A: Shall special taxes be levied annually on taxable property wirh,n Annexation No. 3 of The City of Palm Springs Community Facilities District Yes 2005-1 (Public Safety Screices), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the ❑ No special tax rates and pursuant to the method of apportioning the special taxes sct forth in Exhibit"B"to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION )3: Shall an appropriations limit,as defined by subdivision (h) of Yeti Section 8 ofArticic 3TTTIB of the California Constitution, be establishcd for Annexation No. 3 of the City of Patin Springs Communiry Facdiues District 2005-1 (Public Safety Services), County of Riverside, State of California,in the amount of No $115,500,000? Number of votes: 1 Tract: 34214 Project Name: 803 N. Palm Canyon Drive Propextynt,�NalC�yon,LLC By � i I La n d orr n or N none a ad Address; `, ll 91 a4 r To: CITY CLERK 3200 E.TAHQUITZ CYN NVAI-` - OFFICIAL BALLOT FOR CITY OF PALAI SPRrIVGS PALM SPRINGS, CA 92262 r CFD A'O. 2005-1,AhNEXATIONNO. 3 c� STATE Or CALIRORNIA ] Executed on V}[� �, ,2007'- n r COUNTY OF RIVERSIUE } A[ 4 tiy�[ [' }. -- (Coy) [Slate) n W l certify under penalty of pct7ury under the IMS of the State of Cali Comta 415m the ri r'C voter is the ounerofrecord or the authorixd represrn7ahve oClhe onnter of record By -- -- ' en7itled to vote and is[he person whose name appears on this idenh[;cation em•elope. ( 'manuc) T-- Auewinn. This envelope con loins an election ballot and is to be� oP Y 3 en4d rd b y the canvassing F4�l�C-ii. �t fl-��..+C.d1t SGLM G board with respect to the Ctty of Palm Spa n gs Cammunri}•Facilines District No.2005-I (public Voter(print name) Voter Address Safety Scrvtces),Annexation No.3 special election to he held on June 20,2H7 WARNING. THE V07 ER MOIST SIGN THE ENVELOPE IN HiSIHER OWN HANDWRITING IN ORDER FOR THE p;1 L,O C�D B�CQlINTED '8 �1,LaOrE':RE'PURN El�F3L01'�F,�tt�i�t��....[dilil���li i�ili�l 'ttflt�it l � (ENCLOSE VOTED BALLOT ONLY IN THIS ENVELOPE) I I y I J ti r i C�llFQRa�¢ OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 3 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 Last Tahquitz Canyon Way, Palm Springs, California, 92262. To vote, mark a cross (3) in the voting square after the word "YLS" or after the word "NO". All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A. Shall special taxes be levied annually on ta�iablc property - within Annexation No. 3 of the City of Palm Springs Community Facilities District /\ Yes 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the ❑ No special tax rates and pursuant to the method of apportioning the speciala-N t set forth in Lxhibit "B" to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSITION I3: Shall an appropriations limit,as defined by subdivision (h) of I ]� I Yes Section 8 of Article XIIIB of the California Constitution,be established for III//� ��� III Annexation No. 1 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside,State of California,in the amount of ❑ No $115,500,000? Number of votes: 10 Tract: 33878 Project Name: The Racquet Club Property Owner: PS RAQUE'T CLUB PROPERTIES, LLC By: Landa%snor Nnn%c and Address: pt To: CITY CLERK [Re CI'I`Y OF PALM SPRINGS a 3200 E.TARQUITZ CYN WAY OFFICIAL BALLOT FOR CITY OF PAM SPRINGS MUM SPRINGS, CA 92262 _ CFD NO. 2005-1,ANNEXATION NO. 3 _ SPATE OF CALIFORNIA I )SS At C) � COUNTY OF RIVERSIDE } [My) r [N;bfy under penakv of pajun•under ilte laws of the Stato ofColifornin that the voter n is[he or�verof rcwrd or lie au[honzod rEprfsenialn•e of lire onma of record entitled for (S snA) %role aad is Nita person«lase name apP^grs on this tdMlifieation emYlope. Aflcn[i•,n This en%Ttopo cenLams an elecucwt lallol and is to be opened drily 6e tle.s Voter(prim name) Va'er Address %tiih respo;t No the City of Palm Springs Comet niw Fncililies Dis[acr No.im-1 (Pa Szrruces),Annexation No.3 spacial election to bo held on Jnnc 20,2007. WARNING 'THE VOTER MUST SIGN THE ENVELOPE 1N MSTIER OLVN HANDWRITING IN ORDER FOR THE BALLOT TO BE COUN`TCD. BALLOT RETURN ENVELOPE (ENCLOSE VOTED BALLOT ONLY IN THE ENVELOPE) q WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, SPATE OF CALIFORNIA TO: CITY COUNCIL CTTY OF PALM SPRINGS The undersigned PROPERTY OWNER, or rcpreserriauvc thereof, does hereby CL'•RTIPY raider penally of perinry,than the following sraremenrs are all true and correct: PROPERTY OWNER CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized representative of the owner or owners (the "Owner") of chat certain real property identified in L'•xlubu "A" arrached hereto and incorpomicd herein by this reference ('Owners Properly"), and is legally authorized to give the consent and waiver contained herein as such owner or on behalf of such owner. 2. Owner is aware of,understands and agrees uo the following: A. The City of Pahn Springs (thc "City") has conducted proceedings pursuant to the "Mello- Roos' Community Facilities act of 1982", as amended, (the "Ace') to Corm City of Palm Springs Community Facilidcs Disuact No. 2005-1 (Public Services) (the "District") for the purpose of financing certain public services as described below: PUBLIC SAFETY SERVICES Police services, fire protection and suppression seivitres, 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 grow-th areas of The City of Palm Springs, including but not limited to,equipment,vehicles,ambulances and paramedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in The Rate and blerhod of Apporlinnmenl of the Special Taxes to fund such Services. Owner's Property is locared within the proposed boundaries of the area to be annexed to The Distract ("Annexation No. 3")- If annexation No. 3 is annexed to die District, the Owner's Property will be sublecr to The levy of die special taxes for the District (thc"Special'1'axes"). A copy of the proposed rare and method of apportionment for the special lax (tile "Rare and Method")is set forth in "F.xhibir TY'attached hereto B. Owner has had a rcawriable opportunity to rcvtew and has reviewed The Rare and lvtcthod of Apporrionment. C. The Act requires, as a prerequisite to annexing territory ro the District, specifically Annexation No. 3, that the City Council adopts a resolution declaring the intention of the City Council to annex Annexation No. 3 to the District (ihc "Resolution of Intention"). The Act further requires that die City Council,in the Resolution of Invention, ro fie die rime and place for a public hearing on the annexation of Annexation No 3 to die Disrrict (rhe "Pubhc Hearing") which shall be nor less than thirty (.30) nor more than sixty (60) days after the adoption of the Resolution of Intention- The Act further requires that notice of such a public hearing be published at least seven (7) days prior to the date of such public hearing- D. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must subunit the question of whether or nor to levy such special tax to the qualified electors of the territory to be annexed to the District at a special election. The Act further provides that two-thirds (2/3's) of the votes cast on the question of whether or not to levy the special lax must be in favor of the levy of such special tax if dic levy of such special tax is to be authorized. The Act provides that rile- qualified electors shall be die voters regisrered to vote within the ternrory proposed to be included in the District if at least twelve (12) persons,who need nor necessarily be the same twelve (12) persons, have been registered to vote Within such territory-for each of The nuhery (90) days preceding the close of the Public Iearing scheduled to occur on June 20, 2007. Oihcrwis'c, the Act provides that the vote shall be by the landowners of Territory proposed to be annexed to the District which will be subject to the levy of the special tax,with each such landowner who is the owner of record at the close of the Public I Iearing,or the autlhorived representative of such owner,having one vote for each acre or portion of an acre of land chat sucb landowner owns widen the proposed territory to be annexed to the District. F. The provisions of the Act require that such special election be held at least ninety (90) but not more than one hundred eighty days (180) following the (late of the adoption of the resolution submitting the proposal to consider the authorization to lcv- the special taxes pursuant to the Rate and Method on the territory proposed to be annexed to the District to the qualified electors thereof (the "Resolution of Formation"). Election Code Section 4000 provides that a special election to aurhonze the levy of a special tax may be conducted by mail if such an election is held on one of the following established mail ballot election dates- (the "Established Mailed Ballor Election Dales"): (a) the first Tuesday after the first tA'londay in May of each year, (b) the first Tuesday after the first Monday in March of each even- numbered year or (c) die: last Tuesday to August of each year. The Act provides, however, that any such special election nine hunt specified by the Act or requirement periammg to the conduct of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting the election. As is stated below,it is proposed that such special election (the "Special Election") shall be held on June 20, 2007,a dare which will be less than ninety (90) days from the dare of the Public Hearing and not on a date specified in Elections Code section 4000. 3. Owner has had a reasonable opportunity to consult with and to be advised by Owner's legal counsel regarding the matters contained in this document and the exhibits hereto- 4. Owner certifies that there have been no persons residing and registered to vote within the Owner's Properly for each of the ninety(90) days preceding the date of Ibis Consent and Waiver 5. Owner desires and requests that the special election be held on iunc 20, 2007, or such other date as the Owner and die City Clerk of the City (the "Gil , Clerk'), acting as die official conducting the election, may mutually agree, a date which may be less- than ninety (90) days from the dgic of the adoption of the Resolution of:\nncladon. 6. Owner expressly consents (a) to the conduct of the public hearing on June 20, 2007, and (b) to the conduct of die Special L:lecuon on June 20, 2007, or such other date upon which all of the qualified electors and the City Clerk conducting the eleceion may concur. 7. Owner expressly waives: A any right which Owner may have to have the Public Hearing conducted and notice of the Public Heating p�vcn xvitlim die time periods and in accordance with the manner specified in Government Code Secuons 53321 and 53322; B. any ight which Owner may have for the Special Llccuon to he conducted within the time periods specified in Government Code Section 53326; C. any right which Owner may have for the Special Election to be conducted on a dale specified in Elections Code Section 4000; D. any protest, complaint or legal action of any nature whatsoever pertaining to die shortentog of all runt periods pertaunnig to (a) the Public Hearing and notice thereof and 03) the Special Llccuon, including but not limited to, Elie time for holding the Special Llccuon and Elie necessity and requirement for any newspaper publication of tic notice of die Special Election; E. any requirement for the mailing of the ballot; F. any requitement for the preparation of ballot afTnimenrs', rebuttal arguments and/or an impartial analysis as to the ballot propositions set forth m Exhibit C. 8. Owne•.r expressly consents to (a) the proposed levy of special taxes within.knnexanon No. 3 pursuant to the provisions of the Act and the rate and method of apporriomnent of special taxes to finance the services described above and (b) establish an 3rucle NTUB appropriations limit equal to $115,500,000. PROPERTY OWNER APPOINTMENT OF AUTHORT7:M REPRESENTATIVES The owner hereby appoints nr , alternauvely, as its authorized represenrauve to core in the Special Election,and the owner certifies that the true and exact signature of each alternative repro;eniauvc is set forth below Signature (Type or Print Name oCRcprescntanve) signature (lype or Pnnr Name of Representative) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] THIS CONSENT WAI POINTNIF'M OF AUl'HORI;.,D REPRESENTATTV> S was executed this c ay of v�G� ,3007,in �R7 45,California. (Si},ntaturc �7 C.r!-tar G ��U�GG�i2 Type�r PrUL Nanae of Signor If the person executmg this document is not the Owner for which Lbis document is being submitted but is signing for and on behalf of die Owner,please fill in (lic name of the Owner on the line provided below! (fypc or pant uanxe o l the Owner) DESCRIPTION OF PROPERTY The land referred to is situared in the Conniff•of Rivcrsidr, Ciry of Palm Springs,Srare of California and is descnhcd as follows the following_Ssscssor Parcel Numhcr(s) 504-040-035, 504-133-001, 504-133-002, 504-360-002 EXHIBIT B CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) 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 denernnnned by the City through the application of the rate and mcrhod of appomonment of the Special Tax set forth bel;)w- All of the real property in the District, unless exempted by lam or by the provisions hereof, shall be taxed for the purposes, to the exrenr and in the manner herein provided. A. 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 nor shown on an _assessor's Parcel Map, the land area shown on the applicable final subdivision map, other final map, other Marcel map, other condominium plan, or functionally equivalent map or ins'Lrument recorded in the Office of the County Recorder. The square footage of an Assessors Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Aiello-Roos Community Facilities Act of 1982, being Chapter 2.5, Part 1, Division 2 o£Title 5 of the (rovernmcni 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 SCrcYccs, and life safery services including bur not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or esrimared costs incurred by the City as administrator of the District io dcierminc, levy and collect the Special Taxes, including the proportionate amount Of the salaries and benefits of City employees whose duries are directly related to administration OF the District and the fees of consultants, legal counsel, the costs of collecting insrallments of the Specnal'faxcs 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 Irndcx ((-PT) or the percent increase of salaries and benefits for public safety employees as slated in the \Qcmorandum of Understanding for the fiscal year of the Special Tax. The annual CPT used shall be for the area of Los Angeles-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPT used shall be is- determined by the United States Deparmieni of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Tabor Statistics and Research (www.dii.ca.gov/dlsr). If the foregoing index is nor available, the CFD Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an .Assessors Parcel iVlap with an assigned assessors parcel nunnber. "Assessor's Parcel Map" means an official mal) of the Assessor of die Counry designaring parcels by asgessor s parcel number. "Base Year" means Fiscal Year ending Junc 50,200'7. "City" means the City of Palm Springs. "Council" means Elie City Council of the City of Palm Springs, acting as the legislative body of the Districr. "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 suucturc consisting of two or more residential uniEs rlhar share common walls, including, but nor limited to, duplexes, triplexes,town homes,condominiums,and aparnncnr unirs. "Developed Property" means all 'Taxable Properry, exclusive of Property Owner Association Property,Nov-Residential Property, or Public Property, for.which a building pennir was issued after january 1, 2006 and prior to May 1st: preceding the Fiscal Ycar in which The Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parcels of Developed Property- for which a buddung permit(s) has been issued for purposes of constructing one single-family residential dwelling unit. "District Adminisrratot" means an official of die City, or designee thereof, responsible for determining the Special Tax Requizemenc and providing for the levy and collection of the Spccial Taxes, "District" means Community Facilities Disuici No.2005-1 (Public Safety Services) of the City of Palm Springs. "Entitled Property" means an Assessor's Parcel and/or Lot in nce Distzic; which has a Final Map recorded prior to January 1sr preceding the Fiscal Year nh which the Special Tax is being levied, buE for which no building permit has been issued prior to the May 1`L preceding the Fiscal Year in which die Special Tax is being levied. The Eerm "entitled Property" shall apply only to Assessors' Parcels and/or Tots,which have been subdivided fir the purpose of residential development, excluding any Msess'or's Parcel thar is designated as a remainder parcel determined by final documcnEs and/or maps available Eo the District Adminisuator. "Final Map" means an Assessor's Parcel Map,a final subdivision map,other parcel map,other final map, other condominium plan, or funcrionally equivalent map thar has been recorded in the Office of The County Recorder. "Fiscal Year" means The Period starling July 1 and ending on the Collowing Junc 30. "Land Use Class" means any of the classes hsted hi Table J. "Lot" means property widen a recorded Final!\lap identified by a lot number for whitb a building permit has been issued or may be issued. "Maximum Special Tax" means the =1mum 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 pciaut(s) has been issued for a non-residential use and does not contain any residential units as defined under Developed Suigle 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 uh an instrument reeotded with die County Recorder to a property owner assoeiaron,including any master or sub-association. "Proportionately" means in a manner such that dhc ratio of the actual Special Tax levy to the Manna Special Tax is equal for ill Assessor's Parcels within each Land Use Class. "Public Property" means any pzoperty within die boundaries of the District that is, al the time of rile District formation or at the time of an annexauon, 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 govexnment,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 prorection and suppression senesces and life safety services,including but not limited to (r) the costs of conuacmiy services, (i) equipment, vehicles, ambulances and paramedics, Fire appararus, supplies, (w) the salaries and benefits of City staff that directly provide police seimces and Fire protection and suppression services and life safety services, respectively, and (iv) City overhead costs associated with providing such services within the Disuaet. On each July 1 following die Base Year the increases attributed io salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Factor. The Special Tax provides only partial fundin7 for police, fire and life safety services. "Special Tax" means the Special Tax to be levied in each Fiscal Year on each Asscss-oz's Parcel of Taxable Property to fund die 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 Disnict to: (1) pay for Public Safety Service Costs; (n) pay reasonable Adminisuative Expenses; (hii) pay any amounts required To establish or replenish any reserve funds; and (rv) pay for reasonably anticipated delinquent Special Tsixes based on the delinquency rare 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 Assessoi s Parcels within the bomidades of die Dhstricl and any future annexaton to the District that are nor exempt from the Special Tax pursuant ro law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. "fax-F_xempr Property includes: (i) Public Property, (i) Property Owner.ilssociation Property, (rii) Non-Residential Property,and (tv)property designated by the City or District Admianmtor as Tax-Exempt Property. "Undeveloped Property" means, for each fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Property or Enuded Property, including an Assessor'z 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 Disiricl.\dministrator. "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 indusaial use. B. ASSIGNMENT TO LAND LTSE CATEGORIES Each Fiscal Year using the dcFznitions above, all 'Taxable Property wndun the DismcE shall be classified as Developed Property, Entitled Property, or Undeveloped Property. 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- C. MAXIMUM SPECIAL TAX RATE I. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No-2005-1 (Public Safety Services) Maximuint Land Use Description Special Tax Class Per Unit 1 Developed Single-Family .5350 per Unit RCS1dCRCC Developed Multi-fanul y $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 Elie Maximum Special Tax Per Unit is equal to $500 per Umt, no huTher Annual Escalarion Factor shall be applied and the Maximum Special Tax Per Unit shall nor exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Special Land Use Description Tax Class Per Lot 3 Antirled Property $100 per Lot No Annual L.scalanon Factor shall be applied ro the\Ia_,Ziinum Special Tax Per Lor for Lntitled Property, 3_ Undeveloped Property Undeveloped Property will be assigned a NJaximum Special TaN Rate of$500 per acre or portion thereof, wuh a luitvrnum rate of a$100 for Undeveloped Property lcss than or equal ro one-foidr (1/4) of an Acre as described to Table 3. TABLE 3 Maximum Special Tax for Undeveloped Property Community Facilities District No.2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acre Undeveloped Property 4 �1/4 Acre $$100 per Assessors Parcel 5 Undeveloped PropcM $.500 per_acre >1/4 Acre No Annual Esealauon 1--'actor shall be applied ro the blaximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Exempt Property No Special Tax shall be levied on'Pax-Lxcmpt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parcel may contain more than one Land Use Class- 7'hc Ma=ium Special Tax levied on an Assessor's Parcel shall be die sum of the Maximum Special Ta\ levies that can be unposed on all Land Use Classes located on That_assessor's Parcel. D. 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 die Special Tax as follows until die amount of Elie 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 Propordonaicly between Developed Single-Family Residence and Developed Multi-Family Residence up to 100% of the applicable Maximum Spceial'faix- Sccond, if the Special Tax Requirement has not been satisfied by The fuss srep, Tien 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. Lastly, if die fist Two srcps have nor satisfied The Spccial Tax Requirement, then The Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 1001/) of The applicable 1\Igximum Special Tax for Undeveloped Property. E. APPEALS Any taxpayeT that believes that the amount of the Special Tax assigned to an .\ssessor's Parcel is in error may file a written notice with the District Admimtitrator appealing the levy of the Spccial fax- This notice is required to be filed with The District Administrator during the Fiscal Year the error is believed to have occurred. The District -\dminisiraror or designee will then promptly review The appeal and, if neccbsixy, meet with the taxpayer. if the District Admi.rvstTator verifies that the Lax should be changed die Special Tax levy shall be corrected and,if applicable in any case, a refund shall be gxanred. F. EXEMPTIONS 1. Residential Property Residential Properties which annually meet one or more of the following standards shall be cxcmpt from payment of the Sprcial Tar: A Residential Property consisting of one or Two person(s) canning $15,300 or less gross income per year, upon complying with procedures To establish such exemption,or a. A Residential Property consisting of duce persons canning .517,900 or less gross Income per year,upon complying with procedures To establish such exemption,or i b. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gfu services or the Lifebne exemption for telephone scLvices. The City is qulhorized and directed to promulgate administrative rules and procedures for verification of cligribihty for the exemptions referred to in secuon P. G. MANNER OF COLLEC.TIO Special Tax As levied pursuant to Section D above shall be collected in the Same manner and at the same time as ordinary ad nalurem property taxes; provided, however, that the District Administrator may directly bill the Special Tax,may collect Special Taxes at a different time or ill a differenr manner tFnecessary m meet the financial obligations of the Drsurei or as otherwise derermiried appropriate by the District Administrator. H. TERM OS SPECIAL TAX Every five years after the establishment of the Distnct, the City Council may reexamine, if deemed necessary by City Council, the necessity of the contnmance of die Special Tax through the preparation of a fiscal Impact Analysis,otherwise the Special Tqx shall be levied in perpetuity. SAMPLE BAS.LOT MEASURE PROPOSTTTON -\: Shall special taxes be levied annually on taxable property vntivn Annexation No. 3 of the City of Palm Springs Community 1 acilitics DiYLrici 2005.1 (Public Safety Services), County of Riverside, STate of Cahfornia (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, Fire protection and suppression services at the special tax rates and pursuant to the method of apportioning the special ra-les sec forth in Exhibit "B" to the Resolution of Formation (Resolution No 21428) adopred by the City Council of the City of Palm Sprngs on October 19,2005? PROPOSTTTON 13: Shall an appropriations]unit,as defmrd by subdivision (h) of Section 8 of_\xdcic 1IIIB of the California Constitution, be cstabbshed for:Annexation No. 3 of the City of Palm Springs Comxnumry Facilities District 2005-1 (Public Safety Sertices), Counry of Riverside, State of California, to the amount of $115,500,000? WAIVER OF CERTAIN ELECTION PROCEDURES WITH RESPECT TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRIICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under penalty of perjury,that the following statements are all true and correct- PROPERTY OWNER CONSENT AND W.AIVE.R 1. The undersigned is the owner or dic dilly authorized representative of the owner or owners (the "Owner") of that certain real property identified in Exhibit "A" aaached hcrcro and mcorporared herein by this reference ("Owner's Property"), and is legally authorized to give the consent and waiver contained herein as such owner or on behalf of such owner. 2. Owner is aware of,understands and agrees to die following: A. The City of Palm Springs (die "City") has conducted proceedings pursuant to Elie "Mcllo- Roos Community Facilities Act of 1982", as amended, (the "Act") to form City of Palm Springs Community Facilities District No. 2005-1 (Public Services) (the "District") for the purpose of financing certain public services as described below: PUBLIC SAFETY SERVICES Police services, fire protection and Suppression serviccb, and He Safety surviccs (the "Services' of the City of Palm Springs required to sustain the service delivery capabibry for emergency and non-emergency services to new growth areas of ncc Cry of Palm Springs, including but not limited to,equipment,vehicles,ambulances and paramedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. Owner's Property is located within the proposed boundaries of the area to be annexed to the District ("Anncxadon No. 3"). If Annexation No. 3 is annexed to the District, the Owner's Property will be subject to dlc levy of the special taxes for the District (the"Special Taxes"). A copy of the proposed rare and method of apporrionmcnr for the special tax (the "Rare and Method") is sct forth in"Exhibit B"attached hereto- B. Owner has had a reasonable opportunity to review and has reviewed the Rate and Method of Appomonmcnt. C. The Act requires, as a prerequisite to annexing reriarmy to the District, specifically Annexation No. 3, that the City Council adopts a resolution declaring the intention of the City Council to annex Annexation No_ 3 to the District (the "Resolution of Intention')-The Act fuaher requires that the City Council,in the Resolution of Intention,to fix the time and place for a public hearing on the annexation of Annexation No. 3 to the District(the"Public Hearing") which shall be not less than rhirry (30) nor more than sixtf, (60) days after the adoption of the Resolution of Intention. The Act further requires that notice of such a public hearing be published at least seven (7) days prior to die dare of such public hearing. D. The Act requires, as a prerequisite to the levy of the Special Taxes, that the District must submit the question of whether or not to levy such special tax to the qualified electors of the territory to be annexed to the District at a special election. The Act further provides that two-trirts (2/3's) of the votes cast on the question of whether or not to levy the special tax must be in favor of the levy of such special taN if the levy of such special = is to be authorized. The Act provides that the qualified electors shall be the voters registered to vote within the territory proposed to be included in the:District if at least twelve (12) persons,who need nor necessuhly be the same twelve (12) persons, have been registered to vote wirhin such --- - territory-for each of the ninety (90) days preceding the close of the Public Hearng scheduled to occur on June 20, 2007. OrhervAse, the Act provides that the vote shall be by the landowners of territory proposed to be annexed to the District which will be subject to the levy of the special rax,with each such landowner who is the owner of record at the close of the Public I-Iearing,or the authorized representative of such owner,having tine vote for each acre or portion of an acre of land that such landowner owns within the proposed territory to be annexed to the District. 1'. The provisions of the Act require that such special election be held at least ninety (90) bur not more than one hundred eighty days (180) following the date of the adoption of the resolution submitting the proposal to consider the auiiorixation to levy the special taxes pursuant to the Rate and Method on the territory proposed to be annexed to the District to the qualified electors thereof(die "Resolution of Formation"). Election Code Section 4000 provides that a special election to authorize the levy of a special tax may be conducted by mail if such an election is held on one of the following established mail ballot election dates (rhe'Established Mailed Ballot Election Datesj: (a) the first Tuesday after the first Monday in May of each year, (b) the first Tuesday after the first Monday in March of each even- numbered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election time limit specified by the Act of requirement pertaining to the conduce of such a special election may be waived with the unanimous consent of the qualified electors and the concurrence of the official conducting die election. As is stated below,it is proposed rhar such special election (the "Special Election") shall be held on June 20, 2007, a date which will be less than ninety (90) days From the dare of the Public I Imring and not on a dare speoficd to Elections Code section 4000. 3. Owner has had a reasonable opportunity to consult with and to be advised by Owner's legal counsel regarding the matters contained in this document and the exhibirs hcreto- 4. Owner ccrtifhcs that there have been no persons residing and registered to vote within the Owner's Property for each of the ninety(90) days preceding the date of this Consent and Waiver. 5. Owner desires and requests that the special election be held on June 20, 2007, or such other date as the Owner and the City Clerk of die City (the "City Glerk"), acting as the official conducting the election, may mutually agree, a dare which may be less than ninety (90) days from the date of the adoption of the Resolution of Annexation. G. Owner expressly consents (a) to the conduct of the public hearing on June 20, 2007, and (b) to the conduct of the Special Election on June 20, 2007, or such other date upon which all of the qualiFed electors and the City Clerk conducting the election may concur. 7. Owner expressly waives! A. any right which Owner may havc to have tic Public Hearing conducted and notice of the Public.Hearing given within the time periods and in accordance with the manner specified in Government Code Sections 53321 and 53322; B. any right which Owner may have for die Special Election to be conducted wldnn the time periods spcinfled in Government.Code Section 53326; C. any right wlvch Owner may have for the Special Election to be conducted on a date specified in Elections Code Section 4000; ID, any protest, complaint or legal action of any nature whatsoever pertaining to the shoizcivng of all time periods pertaining to (a) the Public Hearing and notice thereof and (b) die Special Election, including but not limited to, the time for holding the Special Election and the necessity and rcgturemenr for any newspaper publication of the notice of the Special Election; E. any requirement for the mailing of the ballot•, F. any requirement for the preparation of ballot arguments, rebuttal arguments and/or an impartial analysis as to the ballot propositions set forth in Exhibit C. S. Owner expressly consents to (a) die proposed levy of special gists within Annexation No. 3 pursuant to the provisions of the Act and the rate and method of apportionment of special taxes to finance Elie services described above and (b) establish an Arucle XITT$ appropriations limit equal to $115,500,000. PROPERTY OWNER APPOINTMENT OF AiTTFIORIZED REERESENTATIVES The owner hereby appoints or , alternatively, as its authorized representative to vote in the Special Election, and the owner certifies that the true and cxacr sianatare o£cach ahernativc reptcscatauvc is set fords bciow: Signature (Type or Print Name of Representative) Signature (Type or Print Namc of Representative) — [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] THIS CONSENT AND WAIVER ,AND APPOINTMENT OF AUTHORIZED REPRESENTATIVES was executed this day of �., ,2007,in 41,l u,ov k,� O k ,`*tea. (Signature) Type or Print Name of Signor If the person executing die document is not rlac Owner for which this document is being subrmrtcd but is signing for and on behalf of the Owner,please fill in the name of the Owner on the line provided below: /(Type or print amci�of the Owner) I �r dY a� f� ,T wF EXHIBIT A DESCRIPTION OF PROPERTY 5�\ 14, wJtY ��'u dry: IS 4 Sp, d 3w DESCRIPTION OF PROPERTY The land referred to is situated in the County of Riverside, City of Palm Springs,Stare of California and is described as the following Riverside County Assessor Parcel Number(s)! 508-181-017 and 508-181-018 Yf . f � r y r J J o� EXHIBIT B BATE AND METHOD OF APPORTIONMENT e f/✓ EXHIBIT B CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) 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 Assessors Parcels in the Disrrict and collected each Fiscal Year commencing in Fiscal Year 2006-07 in an amount derermtned 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 fot the purposes, to the extent and in the manner herein provided. A. DEFINITIONS 77hc terms hereinafter set forth have the following meanings: "Acre or Acreage" mcarrs 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 aurhorizes the es'tabhshmene of the District to finance: a) police protection services, and b) fire prcrecdon and suppression services, and life safety services including but nor limired to ambulance and paramedic stokes. "Administrative Expenses" means the acntal or estimated costs incurred by the City as administrator of the Disrrlet to determine, levy and collecr the Special Taxes, including the proportionate amount of the salaries and benefirs of City employees whose dunes 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 detemvned by die City. "Annual Escalation Factor" means the greater of the increase in the annual percentage change of the All Urban Consumers Consumer Price Index (CPT) 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 CPI used shall be for die area of Los Angcics-Riverside-Orange County, CA as reflected in the then-current April update. The annual CPI used shall be as deremained 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 nor available, the CID Administrator shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. I "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels i 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 lcgislative 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 mots that share common walls, including, bur not limired to, duplexes,triplexes,rown homes,condominiums,and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Properly,Non-Residential Property, or Public Property, for which a building permit was issued after January 1, 2006 and prior to May 1sr preceding the Fiscal Year in which the Special Tac 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 Ciry, or designee thereof, responsible for determining the Special Tax Requirmnent and providing For die levy and collection of the Special Taxes. "District" means Community Facilities Distrito 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 1st 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 1'f preceding the Fiscal Year in which the Special Tax is being levied. The torn "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 Pucel that is designated as a remainder parcel determined by final documents acid/or maps available ro the District Administrator, "Final Map" means an Assessor's Parcel Map,a final subdivision map, other parcel map,other final map, otbef 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 coding on the following June 30. "Land Use Class" means any of the classes listed in"fable 1. "Lot" mcans property within a recorded Final Map identified by a lot number for which a building perniir 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 percnit(s) has bcm 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 die 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 acmal 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 bouridarics of die District that is, at The rime 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 iim zcd to (i) die costs of contracting services, (ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (iii) die 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 die 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 Bsealarion Factor.The Special Tax provides only partial funding for police, fire and life safety services. _ "Special Tax" means die 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 mcludc 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 die District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required to establish or rcplcnis'h any reserve funds; and (iv) pay for reasonably anticipated delinquent Special Taxes based on die 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 furore annexation to the District that are not exempt from the Special Tax pursuant to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax-Pxcmpt Property includes: (i) Public Property, (h) Property Owncz Association Property, (iii) Non-Residenrial Property,and (iv)property designated by the City or Disrrici.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 Entided Property, including an ,Assessor's Parccl 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 wluch a person or persons may live, which comprises an independent facility capable of conveyance separate from adjacent residential dwelling units and is nor considered to be for commercial or industrial use. B. ASSIGNMENT TO LAND USE CATEGQRIES Each Fiscal Year using the definitions above, all Taxable Property wirlun the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. 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 shad be subject to Special Taxes pursuant to Sections C and D below- C. MAXIMUM SPECIAL TAX RATE; I. 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 1 Developed Single-Family Residence 5350 per Unit Developed Multi-Family 2 $295 per Unit Residcnce On each July 1 following the Base Year (i.c.,July 1, 2007), tie 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 nor exceed$500. 2. Entitled Property TABLE 2 Maximum Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximum Special Land Use Description 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 Eatided Property. 3. Undeveloped Property Undeveloped Properry will be assigned a Maximum Special Tax Rare of 5500 per acre or portion thercof, vArh a minimum rare of$100 for 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 Safery Services) Land Us Description Maximum Special Tax Class Per Parcel/Acre 4 Undeveloped Property 61/4 Acre $100 per Assessors Parcel 5 Undeveloped Property 71/4 Acre 5500 per Acre No Annual Escalation I^actor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Property. 4. Tax-Excmpt Property No Special Tax shall be levied on Tax-Exempt Property. i i S. Multiple Land Use Classes i i i 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 shrill be the sutra of die Maximum Special Tax levies that can be Imposed on all Land Use Classes located on that Assessor's Parcel. l7. METHOD OF APPORTIONMENT OF THE SPECIAL CIAL TAX Commencing with Fiscal Year 2006-07, and for each subsequent Fiscal Year, die 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 die Special Tax Requirement. First, die 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-F=ily Residence up to 100% of the applicable Maximum Special Tax. Second, if the Special Tau: Requirement has not been satisfied by die 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. Lastly, if die first rwo steps have nor satisfied the Special Tax Requirement, then the Special Taa 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, �. APPEALS Any taxpayer that believes dint 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 die levy of the Special Tax. This notice is required to be filed with the Distract 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. F, Emct=oNs 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 Residential Property consisting of one or two petson(s) earning $15,300 or less gross income per year, upon complying with procedures to establish such exemption,Or a. A Residential Property- consisting of three persons tarring $17,900 or less gross income per year,upon complying with procedures to establish such exemption,or b. A Residential Property which qualities for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exempton 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. G. MANNIa R OF COLLECTION Special Tax as levied pursuant To Section D above shall be collecTed in the same manner and at Tbc same rime as ordinary ad valarov 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 detcmuried appropriate by the District Administrator. H. TERM Or smciAL 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. j r �u r EXHIBIT C SAMPLE BALLOT MEASURE 24 i s, "y 1r J• ql �F `C\ e tC F 1� J I SAMPLE)BALLOT MEASURE PROPOSTTTON A: Shall special taxes be levied annually on taxable property within Annexation No. 3 of the City of Palm Springs Communiry Pacilidcs ,District 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and ro levy and collect such special taxes so long as the special taxes are needed to pay for police services, Fre protection and suppression son-ices at the special tax rates and pursuanr to the method of apportioning the special taxes set forth m Exhibit "B" ro the Resolution of Formamon (Rebolution No.21428) adopted by the City Council of the City of Palm Springs on October 19,2005? PROPOSTTTON B: Shall an appropriations limit, as rlc6ncd by subdivision (h) of Section 8 of Article a111B of the California Constitution, be established for Annexation No. 3 of the City of Pahn Springs Community Facilmcs ]District 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of $115,500,000? WAIVER OF CERTAIN ELECTION PROCEDURES WIT14 RESPECT.' TO LANDOWNER VOTER ELECTIONS WITHIN AND FOR PROPERTY PROPOSED TO BE ANNEXED INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE,STATE OF CALIFORNIA TO: CITY COUNCIL CITY OF PALM SPRINGS The undersigned PROPERTY OWNER, or representative thereof, does hereby CERTIFY under penalty of perjury, that Elie following statements are all true and correct. PROPERTY OXWVIN I t CONSENT AND WAIVER 1. The undersigned is the owner or the duly authorized representative of the owner or owners (the "Owner") of thar certain real property identified in Exhibit "A" attached hereto and incorporated herein by this reference ("Owner's Property"), and is legally authoraed to give the consent and waiver contained herein as such owner or on behalf of such owner. 2. Owner is aware of understands and agrees to the following: A. The City of Palm Springs (the "City") has conducted proceedings pursuant to die "Mello- Roos Community facilities Act of 1982", aq amended, (the "Act') to form City of Palm Springs Community Facilities District No. 2005-1 (Pabhc Services) (the "District') for the purpose of financing certain public services ab described below: PUBLIC SAFETY SERVICES Policy services, fire protection and suppression services, and life safety setviccs (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,equipment,vehicles,ambulances and paramedics, fire apparatus, services, supphes and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be hmired as provided in the Rare and Method of Apportionmcm:of the Special Taxes to fund such Services. Owner's Property is located wirhin the proposed boundaries of the area to be annexed to the District ("Annexation No. 3"). If Annexation No. 3 is annexed to the District, die Owner's Property will be subject to the levy of die special taxes for the District(the "Special Taxes"). A copy of the proposed rare and method of apportionment for the special tax (die "Rate and Method")is set forth in"ExliibiE B"attached hereto. B. Owner has had a reasonable oppormniry to review and has reviewed the Rate and Method of Apportionnicnr. C. The Act requires, as a pIurequlsirc to annexing territory to the District, specifically Annexation No. 3, that the City Council adopts a resolution declaring the intention of the City Council to annex Annexation No. 3 to the District (die "Resolution of Intention").The Act further requires that the City Council,in the Resolution of Intention,to fix the time and place for a pubhc hearing on die annexation of Annexation No. 3 to the Districr(the"Public Hearing") which shall be nor less than thirty (30) nor more than sixty (60) days after the adoption of the Resolution of Inrention. The Act further requires that notice of such a public hearing be published at.least seven m days prior to the date of such public hearing. D. The Act requires, as a preregwsitc to the levy of the Special Taxes, dial the District must submit the qucstinn oFwhether or nor to levy such special tax to the qualified elecrors of die territory to be annexed to the District at a special clecdon. The Act further provides that two-thirds (2/3's) of the votes cast on the question of whether or nor to levy the special tax must be in favor of the Iny of such special tax if the levy of sucb special tax is to be aud1Orized. The Act provides that the qu-. icd electors shall be the voters registered to vote within the territoiy proposed to be included in the Distdct if at least twelve (12) persons,who need not necessarily be the same twelve (12) persons, have been registered to vote within such rcrrirory for each of the ninety(90) days preceding,the close of the Public Hcaring scheduled ro occur on June 20, 2007. Otherwise, the Act provides that the volt shall be by the landowners of territory proposed to be annexed to the District which will be subject to die levy of die special tax,with each such landowner who is the owner of record at the close of the Public Hearing,or the aurhorized representative of such owner,having one vote for each acre or portion of an acre of land that such landowner owns within the proposed territory to be annexed to the District. F. The provisions of the Act require than such special election be held at least ninery (90) bur not more than one hundred eighty days (180) following die dare of the adoption of die resolution submitting the proposal to consider the authorization ro levy the special taxes pursuant ro the Rate and Merbod on the territory proposed to be annexed to the District to the qualified electors Hereof (the "Resolution of Formation"). Election Code Secrion 4000 provides that a special ciccuon to authorize ncc levy of a special tax may be conducted by mail if such an election is held on one of dhc following established mail ballot election dares (the "Established Mailed Ballot Election Dates'): (a) the first Tuesday after the first Monday in May of each year, (b) dic first Tuesday after the first Monday in March of each even- numbered year or (c) the last Tuesday in August of each year. The Act provides, however, that any such special election tine unit specified by the Act or requirement penahning in the conduct of such a special clecrion may be waived wirh the unanimous consent of the qualified electors and the concurrence of the official conducting the election. As is stated below,it is proposed that such special election (the "Special Election") shall be held on Junc 20,2007, a date which will be less than ninety (90) days from the dare of the Public 1-fearing and nor on a date specified in Elections Code section 4000. 3. Owner has had a reasonable opporrumty to consuh with and to be advised by Owner's legal counsel regarding the matters contained in this document and nc�exhibits hereto. 4. Owner certifies that there have been no persons residing and registered to vote within the Owner's Property for each of the ninety (90) days preceding the date of this Consent and Waiver. 5. Owner desires and requests that tic special election be held on June 20, 2007, or such ocher date as the Owner and the City Clerk of the City (rhe "City Clerk"), acting as die official conducting the clecrion, may mutually agree, a date which may be less than ninety (90) days from the date of the adoption of the Resolution of Annexation. G. Owner expressly consents (a) to the conduct of the public hearing on rune 20, 2007, and (b) to the conduct of the Special Election on June 20, 2007, or such other date upon which all of the qualified electors and the City Clerk conducting the election may concur. 7. Owner expressly warves: A. any right which Owner may have to have the Public Hearing conducted and notice of the Public Hearing,seven within the time periods and in accordance with the manner specified in Government Code Secdons 53321 and 53322; B. any right whtich Owner may have for the Special Election to be conducted within the time periods specified in Government Code Sccnon 53326; C. any right which Owner may have for the Speca;+l Election to be conducted on a date specified in Elecuons Coda Section 4000; 1]. any protest, complaint or legal action of any nature whatsoever pertaining to the shortening of all umc periods pertaining to (a) the Pubhc Hearing and notice thereof and (b) The Special Election, including but not limited to, the time for holding the Special Election and the necessity and requirement for any newspaper publication of the notice of the Special Election, E. any requirement for the mailing of the ballot; P. any requirement for the preparation of hallot argvmems, rebuttal arguments and/or an impartial analysis as to he ballot propositions act forth in Exhibit C- S. OwneI expressly consents to (a) the proposed levy of spccial taxes=Lin Annexation No. 3 pursuant to the provisions of the Act and the rate and method of apportionment of special taxes to finance the services described above and (b) establish an Article XIIIB appropriations limit equal to 1p115,500,000. PROP RTY OWNER APPOINTMENT OF AIJTIIORi7ED REPRESENTATIVES The owner hereby appomrs or -'alternatively, as iLs authorized replescntativc to vote in the Special Election, and the owner cart]FCs rhaL the truc and exact signature of each almmativc representative is sei forth below: Signature (Type or Pnnt Name of Representative) Signature Crypt or Print Name of Representative) [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] THIS CONSENT AND WAIVER AND APPOINTMV,yNT OF AUTHORIZED REPRESENTATIVES was executed dus JL day of .,t-[1 ,2007,m_VA" NL S fin.,wwL California. (Signature) Type or Prinr Namc of Signor If the person cxccuong this document is not the Owner for which this document is being submitted but is signing for and on behalf of Clte Owner,please fill in dic name of the Owner on the line provided below: A) M �au,� L'-g ,�t-C Lx-c1 (Type or pnnt name of dic( weer) EXHIBIT A DESCRIPTION OF PROPERTY r 1 y N� 1 1p ti\ x v' L�hv DESCRIPTION OF PROPERTY The land referred to is simatcd in the County of Rtvcrsidc, City of Palm Springs, Stare of California and is described as dic following Riverside County Assessor Patcel Number(s): 505-253-009 i �I a, r' yi FXHIBIT B RATE AND METHOD OF APPORTIONMENT 1r EXHIBIT B CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) 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 "Disrricr") 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 dercrinincd by the City through the applicarion of the rate and method of apportionment of the Special Tax scr forth below. Alt or 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 to the manner herein prodded. A. DEFINITIONS The terms hereinafter s'cr 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 Assessors 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 Assessors Parcel is equal to Elio Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, being Chapmr 2.5, Part 1,Division 2 of Title 5 of the Government Code of the Stale 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 bur not limited to ambulance and paramedic services. "Administrative Expenses" means the actual or estimated costs incurred by Elie City as administrator of the District to derenninc, levy and collect the Special Taxes, including the proportionate amount of the salaries and benefits of City employees whose duties arc directly related to administration of the DlSnriCr and the fees of consultants, legal counsel, rho costs of collecting installmems 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 benefrs for public s'afcty employees as Seated in the Memorandum of Understanding for the fiscal year of the Special Tax, The annual CPI used shall be for die arcs of Los Angeles-Riverside-Orange County, CA as reflected in the then-currenr April update. The annual CPT 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.ciir.ca.gov/dlsr). If the foregoing index is not availahle, the CFD AdminisEraror shall select a reasonably comparable index. "Assessor's Parcel" means a loE 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 endingJtmc 30,2007. "City" means the City of Palm Springs. "Council" means the City Council of the City of Palm Springs, acting as Elie 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 constricting a residenrial structure consisting of two or more residential units that share common walls, including, bur nor limited to, duplexes,mplcxes,town homes,condonunituns,and apartment units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property,Non-Residential Property, or Public Property, for which a buulding permit was issued after January 1, 2006 and prior to May 1s't preceding the Fiscal Year in which the Special Tax is being levied. "Developed Single-Family Residence" means all Assessors' Parccls of Developed Property for which a building pernvi(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 Regwrement and providing for the levy- and collection of the Special Taxes. "District"means Comnaiivty Facilities District No. 2005-1 (Public Safety Sen-ices) of rile 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 1st preceding the Fiscal Year in which the Special Tax is being levied, bur for which no building permit has been issued prior to the May 1 preceding the Fiscal Year in which the Special Tax is being levied. The term "Entitled Property" shall apply only to-Assessors' Parcels and/or Lois,which have been subdivided for the purpose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel derermincd by final documents and/or maps available to ncc District Administrator. "Final Map" ratans 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 starring 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 Nrap identified by a lot number for which a building pertrnt 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 many 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 properry within dic boundaries of die 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 masrer or sub-association. "Proportionately" means in a mariner such that die ratio of the actual Special Tax levy to the Maximum Special Tat 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 tune of the District formation or at die time of an annexaEon, expected to be used for tights-of-way, parks, schools or any other public purpose and is owned by or irrevocably offered for dedication to the federal government,the Srare, the County,die 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) die costs of contracting services, (it) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (tii) the sularics and benefits of City staff that directly provide police services and fire protection and suppression services and Ufe safety services, respectively, and (iv) City overhead costs associated with providing such services within the District. On each July 1 following the Base Year die increases attnbured to salaries and benefits shall be calculated and limited to the increase based on the Annual Escalation Facror.The Special Tax provides only p:urial 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 rho 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 dic District to: (i) pay for Public Safety Scrvice Costs; (ii) pay reasonable Administrative Expenses; (iii) pay any amounts required ro establish or replenish any reserve funds; and (iv) pay for reasonably anticipated delinquent:Special Taxes based on the delinquency rare 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 die Assessor's Parcels within the boundaries of the Deserict and any future annexarion to the District: that;are not exempt From the Special Tax pursuanr to law or as defined herein. "Tax-Exempt Property" means an Assessor's Parcel nor subject to the Special Tax. Tax-Exempt Property includes: (i) Public Properry, (i) Property Owner Association Property, (iii) Non-Residcnrial i 1 1 Property,and (iv) property designated by the City or District Administrator as Teo-Exempt Properry. I "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 faciliry capable of conveyance separate from adjacenr residential dwelling units and is not considered to be for commercial or mdusirial use- B. ASSIGNMENT TO LAND USE CATEGORIES F.ach fiscal Year using the definitions above, all Taxable Property "thin the District shall be classified as Developed Property, Entitled Properry, or Undeveloped Property, Developed Property shall be further classified as Developed Single-Family Residence or Developed Muhn-Family Residence. Commencing with die Base Year and for each subsequent Fiscal Year, all Taxable Property shall be subject to Special Taxes pursuant to Sections C and D below- C. MAXIMUM SPECIAL TAX RATE �. Developed Property TABLE 1 Maximum Special Tax for Developed Property Community Facilities District No.2005-1 (Public Safcty Services) Maximum Land Use Description Special Tax Class Per Unit 1 Developed Single-Family $550 per Unit Residence 2 Developed Multi-Family $295 per Unit Residence On each Judy 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 Maximuun 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 Special Land Use Description Tax Class Per Lot 3 Entitled Property 5100 per Lou No Annual Escalation Factor shall be applied to the Maxim=Special Tax Per Lou for Entitled Properry. 3. Undeveloped Properwy Undeveloped Progeny wall be assigned a Maximum Special Tax Rate of$500 per acre or portion whereof,with a minimum rare of$6100 for Undeveloped Property less than or equal Lo one-forth (1/4) of an Acre as descnbcd m Table 3. TABLE 3 Maximum Special",Pax for Undeveloped Property Community Facilities District No.2005-1 (Public Safety Services) Land Use Description Maximum Special Tax Class Per Parcel/Acre Undeveloped Properiy 4 51/4 ACYL' 5100 PCL ASSCSSOYS PaYCCl 5 Undeveloped Property $500 per Acre 71/4 Acre No Annual Escalation Factor shall be applied Lo the Maximmn Special Tax Per Parcel/Acre for Undeveloped Property. i 4. Tax-Exempt Property No Special Tax shall be levied on Tax-F.xernpt Property. 5. Multiple Land Use Classes In some instances an Assessor's Parccl 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. D. METHOD OF APPORTIONMENT OF THE SPECTAT.TAX Commencing with fiscal Year 2006-07, and for each subsequent Fiscal Year, the District Adminisrraror shall calculate the Special Tax Acquirement based on the definitions in Section A and levy the Special Tax as follows until the miaournt 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 sarsfied by the first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Propcizy up to 100% of the applicable Maximuun Special Tax For Entitled Property. Lastly, if the first two Steps have not satisfied the Special Tax Acquirement, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Undeveloped Property up to 1009/4 of the applicable Maximum Special Tax for Undeveloped Property. E. APPEALS Any taxpayer Lhar believes that Elie 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 Adrmnisnator 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 Ehe 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- F. EXEMPTIONS 1. Residential Property Residential Propcitics which annually meet one or more of die following standards shall be exempt from payment of the Special Tax: 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 a. A Rcsidentiail Property consisting of three persons earring $17,900 or less gross income per year,upon complying w rh procedures to establish such exemption,or i b. 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 clzrecred to promulgare administrative rules and procedures for verification of cli;ribiliry for the exemptions referred to in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall bn collected in the same manner and at the same rime 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 rime or in a different manner if necessary to meet the financial obhgarions of the District or as otherwise dctcrmincd approprtatc by the Disrrict Adminisuator. H. TERM OF sI'ECIAL TAB Every five years after the establishment of the District, the City Council may reexamine, if deemed nece9s'ary by City Council, the necessity of the continuance of the Special Tax through the preparation of a Fiscal Impact Analysis,otherwise die Speciel Tax shall be lcvicd in perpcndry. i� ? J� EXHIBIT C SAMPLE BAT T OT MEASURE e J q NI 'w A SAMPLE BALLOT MEASURE, PROPOSTTTON A: Shall special taxes be levied annually on taaablc property within Annexation No. 3 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the special Lax rates and pursuant to the method of apportioning the special Laxes set forth in Exhibit 'B" to the Resolution of Formation (Resolution No.21428) adopted by the City Council of dhe City of Palm Springs on October 19,2005? PROPOSITION R: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XITIB of the California Constitution, be established for Annexation No. 3 of the City of Palm Springs Cnmmuniry Facilities District 2005-1 (Public Safety Services), County of Riverside, Stare of California, in the amount of $115,500,000? �p�pA4M SA? iy U y f `0x•onme�'px R CQ41FOIRI CITY COUNCIL STAFF REPORT DATE: June 20, 2007 PUBLIC HEARING SUBJECT: Public Hearing to Annex Certain Territory (Annexation No. 3) into Community Facilities District No. 2005-1 (Public Safety Services) FROM: David H. Ready, City Manager BY: Assistant City Manager, Administrative Services SUMMARY On May 16, 2007, the City Council adopted resolutions declaring its intention and setting a public hearing to consider the annexation of certain territories into Community Facilities District No. 2005-1 (Public Safety Services) that was established in 2005 to fund public safety services. This action will add three (3) residential developments, that are currently approved and under construction, into the existing community facilities district and authorize the levy of a special tax on all parcels within these developments to fund public safety services. RECOMMENDATION: 1. Open the public hearing and receive public testimony and property owner protests for the proposed Annexation No. 3 to the Community Facilities District No. 2005-1 (Public Safety Services) and the authorization to levy a special tax within the territory proposed to be included in the District. 2. Adopt Resolution No. , "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BOUNDARY MAP ADOPTED BY RESOLUTION NO. 21897, SHOWING THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED ANNEXATION NO. 3 TO COMMUNITY FACILITIES DISTRICT N0. 2005-1 (PUBLIC SAFETY SERVICES); AND SUBSTITUTING AMENDED BOUNDARY MAP FOR THE ORIGINAL ANNEXATION NO. 3 BOUNDARY MAP IN THE RESOLUTION OF INTENTION AND RESOLUTION NO. 21897.° (EXHIBIT A") 3. Adopt Resolution No. , "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS." (EXHIBIT "B" item 1 . C . City Council Staff Report June 20, 2007 -- Page 2 Annexation of Territory to CFD 2005-1 4. Adopt Resolution No. , "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 3 OF CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE. ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 3 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT." (EXHIBIT "C") 5. Direct the City Clerk to open and tabulate and canvass all valid ballots received by the City Clerk for the annexation of territory to Community Facilities District 2005-1 (Public Safety Services), Annexation No. 3 of the City of Palm Springs, and to announce the results and execute a Certificate of Election Returns. 6. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAKING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 3" (EXHIBIT "D") 7. Waive the reading of the Ordinance text in its entirety and introduce by title only Ordinance No. , "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHOR17ING THE LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 3." (EXHIBIT "E") STAFF ANALYSIS: In 1978 voters enacted Proposition 13, which limited the ability of local public agencies to increase property taxes based on a property's assessed value. In 1982, the Mello- Roos Community Facilities Act of 1982 (Government Code §53311-53368.3) was created to provide an alternate method of financing needed improvements and services. Specifically, the Act allows any county, city, special district, school district or joint powers of authority to establish a Community Facilities District (CFD), which allows for the financing of public services and facilities. Basically, the Act allows communities to raise funds for improvements to infrastructure (streets, sewers, storm drains) even though Proposition 13 limits their ability to tax property. It also allows raising funds for services, including public safety and maintenance of parks, Streetlights, storm drains, and landscaping, only to the extent of new growth. In order to establish a CFD or annex territory to an existing CFD, it must be approved by a two-thirds margin of qualified voters in the district. If there are fewer than twelve registered voters within the district, the vote may be passed by the current property owners. At the close of the legal proceedings, an established CFD has all the legal privileges of a legally sanctioned government body. City Council Staff Report June 20, 2007-- Page 3 Annexation of Territory to CFD 2005-1 On May 16, 2007, the City Council adopted a resolution declaring its intention to annex territory to the existing CFD and authorizing the imposition of a special tax to finance police services, fire protection and suppression services, and life safety services. In addition, the City Council set June 20, 2007 as a public hearing to receive public testimony and protests over the annexation of territory to the existing CFD. The proposed tax to be assessed is based upon a Fiscal Impact Analysis that was prepared in 2005 by the City's consultant, MuniFinancial. This analysis indicates that the tax rate needed to support public safety services is: (1) $350 per unit for Developed Single-Family Residence; (2) 5295 per unit for Developed Multi-Family Residence; (3) $250 per lot for Entitled Property; and (4) $100 per parcel for Undeveloped Property which is less than of an acre and $500 per acre for all other Undeveloped Property. The actual tax rate, method of apportionment and manner of collection of the special tax is set forth in the attached Ordinance (Exhibit "E") authorizing the levy of the special tax. Since the formation of the initial CFD, a number of residential developments have been approved by the City and are currently under construction. The developments in Annexation No. 3 include: 803 N. Palm Canyon Drive (Tract 34214), Ironwood (Tract 34933) and Racquet Club (Tract 33334). Collectively these projects constitute a total of 95 proposed multi-family residential units. The City has received petitions from more than 10% of the property owners within these developments requesting that the City Council begin the necessary proceedings to form Annexation No. 3. The City's consultant has determined that there are less than twelve registered voters residing in the developments that comprise the proposed CFD annexation territory. As a result, an election by property owners is all that is necessary. Each of the property owners in this proposed CFD annexation has been mailed a "Wavier and Consent Shortening Time Periods and Waving Various Requirements for Conducting Mailed-Ballot Election and Waiving Notice and Hearing with Respect to Changes to the Special Tax" form which has allowed the City to waive all minimum time requirements relative to the formation of the CFD annexation and informed them of the maximum special tax rate. The property owners have also received a special election ballot for this CFD annexation, which allows them one vote per acre or portion thereof. These ballots will be tabulated by the City Clerk at the public hearing. Staff recommends that the City Council open the public hearing for the purpose of receiving public testimony and property owner protests regarding the formation CFD 2005-1 (Public Safety Services), Annexation No. 3. Once the public hearing has been closed, staff recommends that the City Council adopt four resolutions and introduce by title only an ordinance authorizing the levy of special taxes. City Council Staff Report June 20, 2007-- Page 4 Annexation of Territory to CFD 2005-1 FISCAL. IMPACT: Based on the total number of residential units within the developments identified above, it is estimated that upon build-out the City will receive approximately $28,025 a year in revenues for public safety services. 7� f Try Waff, s ant City Manager David H. Ready, City /1C Attachments: 1. EXHIBIT"A" Resolution Amending the Boundary Map of Annexation No. 3 2. EXHIBIT"B" Resolution Authorizing the Annexation of Territory to the CFD 3. EXHIBIT "C' Resolution Calling a Special Election 4. EXHIBIT"D" Resolution Declaring the Election Results 5. EXHIBIT"E" Ordinance Levying the Special Tax g. t7' "M EXHIBIT "A" RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF PALM SPRINGS, CALIFORNIA, AMENDING THE BOUNDARY MAP ADOPTED BY RESOLUTION NO. 21897, SHOWING THE TERRITORY PROPOSED FOR INCLUSION IN PROPOSED ANNEXATION NO. 3 TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES); AND SUBSTITUTING AMENDED BOUNDARY MAP FOR THE ORIGINAL ANNEXATION NO. 3 BOUNDARY MAP IN THE RESOLUTION OF INTENTION AND RESOLUTION NO. 21897. WHEREAS, the City Council of the City of Palm Springs (the "'City Council") approved Resolution No. 21897 on May 16,2007, which adopted a boundary map(the"Original Annexation No. 3 Map") showing the boundaries of the territory proposed for inclusion in the proposed Annexation No. 3 to Community Facilities District No. 2005-1 — Public Safety Services (the "District"); and WHEREAS,the Original Annexation No.3 Map was incorporated in Resolution No.21897, and the Original Annexation No. 3 Map was also incorporated in the Resolution of Intention,wbicb declared the City Council's intention to establish the District and to authorize the levy o f a special tax therein, as Exhibit A to such Resolution; and WHEREAS, the Original Annexation No. 3 Map has been amended to correct certain discrepancies and to more accurately depict the location of the territory proposed for inclusion in the District (the "Amended Annexation No. 3 Map"); and WHEREAS, a true and correct copy of the Amended Annexation No. 3 Map is attached to this Resolution as Exhibit A and is incorporated herein by this reference; and WHEREAS,it is the intention of the City Council by this Resolution to adopt the Amended Annexation No, 3 Map in place of the Original Annexation No. 3 Map and more particularly, to substitute the Amended Annexation No. 3 Map in the pl ace of the Original Annexation No.3 Map in Resolution No. 21897 and in the Resolution of Intention as Exhibit A thereto, as if the Amended Annexation No. 3 Map was adopted in both Resolutions at the time and date of their original approval instead of the Original Annexation No_ 3 Map. NOW, THEREFORE, BE iT RESOLVED, determined and ordered by the City Council for the City of Palm Springs as follows: 1. The above recitals are true and CorTect_ 2. The Amended Annexation No. 3 Map is hereby adopted and substituted for the Original Annexation No. 3 Map. A certificate shall be endorsed on the Amended Annexation No. 3 Map evidencing the date and adoption of this Resolution, and within ten (10) days after the adoption of this Resolution, such map shall be filed with the con-ect and proper endorsements thereon with the County Recorder. 3. he Amended Annexation No. 3 Map is to be given retroactive effect The adoption of such that the Amended Annexation No. 3 Map(and not the Original Annexation No- 3 Map) will be considered to have been adopted in connection with Resolution No. 21897 and the Resolution of Intention, at the time, place and date at which such Resolutions were first adopted. 4. The City Clerk is directed to affix the Amended Annexation No. 3 Map to Resolution No.21897 and the Resolution of Intention in place of the Original Annexation No. 3 Map and place a reference on said Amended Annexation No. 3 Map of this Resolution number- 5- This Resolution is effective in-inlediately upon adoption by the City Council. The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the 20"' day of June, 2007,by the following vote: AYES: NOES: ABSENT.- ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, Tames Thompson City of Palm Springs EXHIBIT A BOUNDARY MAP l �y f AMENDED BOUNDARY MAP TO THE EFE i OF MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DI STRICT NO.2H5-1 (PUBLIC SAFETY SERVICES) - •�•�a= - =^�� ,,x un ANNEXATION NO.3 N 'NGr=- PN—i 'TEa�a_u:i.F4o-..t cmG=R'L.1a 6-NI.ns - Esn..4 W.F .A[ii Wt d_'41nn a'cF510. A ai mrw.nu P.rn�r�iion:i�xs.�tt. nvv m, lYQ J�'E ' ��` ${RiE CiGRI1FOF1!'S Y!5( -3-[!Ffl�lrlNi ioYUN�[i.UtR1TT:l A IXWt�9aWR �. ' � 3 s_ +3n HaRa VItnT o�.seu 6 g Aa>n[tvxfr�sE�dnVY0�44i-p.Y1Y ��� n�,_L�, CD Z o t 0 ��4 w,m.,� 1 EWD AM—Qk YEOVM'ly I O ISCEc54E4"t lilSt39 M_U niFinancial 1 Al AMENDED BOUNDARY MAP TO THE EN=srzopz MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.3 Cc c rracop SWAM CFC.L MJW9 nx1a.Y211 Q ee ema � ENN( tt4Y E5 W...1C Yl"iE g 1 +OO J Fry Si iLE SNYc 4E F. � �l0 plll£ � LCSil0. � AtiAEtLilY12'JYl0.V9Y muniFinancial Co Z��ti�ti rt-xu 4� A2 EXHIBIT "B" J, RESOLUTION NO. RESOLUTION OF THE, CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2005-1 AND AUTHORIZING THE LEVY OF A SPECIAL TAX AND SUBMITTING THE LEVY OF TAX TO THE QUALIFIED ELECTORS WHEREAS, this Council, on May 16, 2007, adopted Resolution No. 21596 (herealer referred to as the "Resolution of Intention") stating its intention to annex territory to City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (hereafter-referred to as "CFD No. 2005-1"), pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (hereafter referred to as the "Act"); WHEREAS, a copy of the Resolution of Intention, which states the authorized services to be provided and financed by CFD No. 2005-1, and a description and map of the proposed boundaries of the territory to be annexed to CFD No. 2005-1 ("Annexation No. 3"), is on file with the City Cleric and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; WHEREAS, on the 20th of June, 2007, this Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to CFD No. 2005-1; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to CFD No. 2005-1 and the levy of said special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed annexation of territory to CFD No. 2005-1 by (i) 50% or more of the registered voters, or six registered voters, whichever is more, residing in CFD No. 2005-1, or (ii) 50% or more of the registered voters, or six registered, whichever is more, residing in the territory proposed to be annexed to CFD No. 2005-1, or (iii) owners of one-hall or more of the area of land in the territory proposed to be annexed to CFD No. 2005-1; and WHERE,AS, a boundary map for Annexation No. 3 to CFD No. 2005-1 has been filed with the County Recorder of the County of Riverside, which map shows the territory to be annexed in these proceedings, and a copy thereof is on file with the City Clerk. NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for the City of Palm Springs as follows: SECTION 1 Recitals. The above recitals are all true and correct. SECTION 2 Authorization. All prior proceedings taken by this Council with respect to CFD No. 2005-1 and the proposed annexation of territory thereto have been duly considered and are hereby detennined to be valid and in conformity with the Act. SECTION 3 Boundaries. The description and map of the boundaries of the territory to be annexed to CFD No. 2005-1, on file with the City Clerk are hereby finally approved, are incorporated herein by reference, and shall be included within the boundaries of CFD No. 2005-1, and said territory is hereby annexed to CFD No. 2005-1, sub_ject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4 Services. The services which CFD No. 2005-1 is authorized to finance are in addition to those provided in or required for the territory within CFD No. 2005-1 and the territory to be amiexed to CFD No. 2005-1 and will not be replacing services already available. A general description of the services to be financed is as follows: PUBLIC SAFETY SERVICES Police services, lire protection and suppression services, and life safety services (flee "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, equipment, vehicles, ambulances and paraTzedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. SECTION 5 Special Taxes. It is the intention of this legislative body that, except where fiords are otherwise available, a special tax sufficient to pay for said services to be provided in CFD No. 2005-1 and the territory proposed to be annexed as part of Annexation No. 3, secured by recordation of a continuing lien against all non-exempt real property in Annexation No. 3, will be levied annually within the boundaries of Annexation No. 3 from and after the anmexation of such property to CFD No. 2005-1. The special taxes shall be those as originally authorized through the fonnation of CFD No. 2005-1 and adopted by Ordinance of this legislative body, and no changes or modifications are proposed in the special taxes fiom those as originally set forth and made applicable to CFD No, 2005-1. For particulars as to the rate and method of appoitiornnent of the proposed special tax (the "RMA"), reference is made to the attached and incorporated Exhibit A, which sets forth in sufficient detail the method of apportiomnent to allow each landowner or resident within the Annexation No. 3 to clearly estimate the maximum annual amount that said person will have to pay on said special tax. SECTION 6 Election. The provisions of the Resolution of Intention of the City each,as heretofore adopted by this Council are by this reference incorporated herein, as if fully set forth herein. (a) Pursuant to the provisions of the Act, the proposition of the levy of the special tax within Annexation No. 3 shall be submitted to the voters within Annexation No. 3 at an election called therefore as hcrcinafter provided. This Council hereby finds that fewer than 12 persons have been registered to vote within Annexation No. 3 for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within Annexation No. 3 and that the vote shall be by said landowners, each having one vote for each acre or each acre or portion thereof such landowner owns in Annexation No. 3. (b) Pursuant to Section 53326 of the Act, the election shall be conducted by mail ballot under section 1340 of the California Elections Code. The Council called a special election to consider the measures described and incorporated as Exhibit B, which election was held on June 20, 2007 (hereafter referred to as "Election Day"). The City Clerk was the election official to conduct the election and provided each landowner in the territory to be arurexed to CFD No. 2005-1, a ballot in the form of Exhibit B, which form is hereby approved. The City Clerk has accepted the ballots of the qualified electors received prior to 6:00 o'clock p.m. on Election Day, whether received by mail or by personal delivery. (c) This Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days to elapse before said election is for the protection of voters, that the voters have waived such requirement and the date for the election hereinabove specified is established accordingly. The foregoing Resolution No- was passed and adopted by the City Council of the City of Palm Springs on the 20th day of June, 2007, by the following vote: APES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Odcn City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs EXHIBIT A RATE AND METHOD OP APPORTIONMENT EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) 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 properly in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes,to the extent and in the maruier herein provided. A. 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 Assessors Parcel Map, the land area shown on the applicable final subdivision map, other final map, other parcel reap, 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 Califomia, 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 lnniied 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 bythe 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 CPI 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. "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-Fannily 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 apartmernt units. "Developed Property" means all Taxable Property, exclusive of Property Owner Association Property, Nan-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-Farnily Residence" means all Assessors' Parcels of Developed Property for which a building pennii(s) has been issued for purposes of constricting 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 ComunuuityFacilities 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 1st 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 1"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 designated as a remainder parcel determined by final docuunents 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 CotmryRecorder. "Fiscal Year" means the period starting July 1 and ending on the following fume 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" rneans anyproperlywithin the bouundaries 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 hand 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 (r) the costs of contracting services, (ir) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (in) 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 u-rcrease 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 Properly 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: () pay for Public Safety Service Costs; (n) pay reasonable Administrative Expenses; (1) 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. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: @ Public Property, (n) Property Owner Association Property, (in) Non-Residential Property, and (iv) properly designated by the City or District Administrator as Tax-Exempt Properly. "Undeveloped Property" means, for each Fiscal Year, all Assessor's Parcels of Taxable Property not classified as Developed Properly or Entitled Properly, 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. B. ASSIGNMENT TO LAND USE CATEGOAiES Each Fiscal Year using the definitions above, all Taxable Property within the District shall be classified as Developed Propeny Entitled Propeny, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Conunencing 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. C. 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 1 Developed Single-Family $350 per Unit Residence 2 Developed Multi-Family 5295 per Unit Residence On each July 1 following the Base Year (i.e.,July 1, 2007), the Maxintin 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 portioin thereof, with a minimum rate of $100 for 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 Property $100 per 151/4 Acre Assessors Parcel 5 Undeveloped Properly $500 per Acre 71/4 Acre No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Parcel/Acre for Undeveloped Properly. 4. Tax-ExernptProperty 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. D. METH E 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 Properly Proportionately between Developed Single- Family Residence arid Developed Multi-Fancily Residence up to 100% of the applicable Maxi num Special Tax. Second, if the Special Tax Requirement has not been satisfied bythe first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Entitled Properryup to 100% of the applicable Maxim urn Special Tax for Entitled Property. Lastly, if the first two steps have not satisfied the Special Tax Requirement, then the Special (D0�1710 Tax shall be levied each Fiscal Year on each Assessors Parcel of Undeveloped Property up to 100% of the applicable Maximum Special Tax for Undeveloped Property. E. 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. F. UNEMPTIONS 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 Properly 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 Properly 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. G. 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 ualorem 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. H. 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. t . ------------- EXHIBIT B OFFICIAL BALLOT r paGM $�y l V N x r n c�CIFGTal; A OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 3 This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on rune 20, 2007, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way,Palm Springs, California, 92262. To vote, mark a cross W in the voting square after the word "YES" or after the word "NO All distinguishing marks otherwise made are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A. Shall special taxes be levied annually on taxable property within Annexation No. 3 of the City of Palm Springs Community Facilities District ❑Yes 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the ❑ No special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit B to the Resolution of Formation (Resolution No. 2142_$) adopted by the City Council of the City of Palm Springs on October 19, 2005? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of ❑Yes Section 8 of Article )JI1B of the Califon-iia Constitution, be established for Annexation No. 3 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of No $115,500,000? Number of votes: Tract: Project Name: Property. Owner•. By: EXHIBIT "U i RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 3 OF CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL 'TAXES WITHIN ANNEXATION NO. 3 TO FINANCE PUBLIC SAFETY SERVICES, AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (the "City Council") of the City of Pahn Springs (hereafter referred to as the "City") has adopted the resolution authorizing the arurexation of territory to City of Pahn Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California(hereafter referred to as "CFD No. 2005-1"); and WHEREAS, by that resolution, the City Council called special elections on the propositions to be submitted to the voters ol'the territory proposed to be annexed to CFD No. 2005-1 (hereafter referred to as "Annexation No. 3") with respect to the levy of special taxes therein for the financing of public safety services within CFD No. 2005-1; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 3 the annual levy of special taxes on taxable property within Annexation No. 3; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of the Code, the City Council may also submit to the voters of Annexation No. 3 a proposition for the establishment of an appropriations limit for Annexation No. 3; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that there are less than 12 persons registered to vote within Arulexation No.3; NOW, THEREFORE, BE IT RESOLVED, detennined and ordered by the City Council for the City of Palm Springs Community Facilities District No, 2005-1, Annexation No. 3 as follows: SECTION 1 Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory to be annexed to CFD No. 2005-1 for each of the 90 days preceding the close of the public hearing on June 20, 2007; (iii) pursuant to Section 53326 of the California Goverrunent Code, as a result of the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the territory to be annexed to CFD No. 2005-1, whose property would be subject to the special taxes if they were levied at the time of'the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within Annexation No. 3 which would be subject to the proposed special taxes if they were levied at the time of the election; (iv) the owners of all of the land in Annexation No. 3 by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on June 20, 2007, (c) waived notice and mailed notice of the time and date of the election, (d) waived an in-rpartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (hereafter referred to as the "City Clerk") has consented to the holding of the election on June 20, 2007. SECTION 2 Call of Election. The City Council hereby calls and schedules a election for June 20, 2007, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 3 to CFD No. 2005-1 to finance public safety services within the CFD No. 2005-1, and on the proposition of the establislunent of an appropriations limit for Annexation No. 3 to CFD No, 2005-1. SECTION 3 Propositions. The propositions to be submitted to the voters of Annexation No. 3 at such special election shall be as follows: Piro osition A: Shall special taxes be levied annually oil taxable property within Annexation No. 3 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit 13 to the Resolution of Formation (Resolution No. 21428) adopted by the City Council of the City of Palm Springs on October 19, 2005? Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIIIB of the California Constitution, be established for Annexation No. 3 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of$115,500,000? SECTION 4 Conduct of Election. Except as othei- ise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. SECTION 5 F,lection Procedures. The procedures to be followed in conducting the consolidated special elections on (i) the proposition with respect to the levy of special taxes on taxable property within Annexation No. 3 to CFD No. 2005-1 to pay for public safety services, and (ii) the proposition with respect to the establishment of an appropriations limit for Annexation No. 3 to CFD No. 2005-1 in the amount of $115,500,000 shall be as follows: (a) Pursuant to Section 53326 of the California Govenmient Code, ballots for the Special Elections shall be distributed to the qualified electors by the City Clerk by mail or by personal service. (b) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit A, and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, a return identification envelope addressed to the City Clerk for the return of voted official ballots. (c) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner-voter and the number of votes to be voted by the landowner- voter 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-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter 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-voter's land ownership within Annexation No. 3 to CFD No. 2005-1. (d) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (n) 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 game 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 the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. (e) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City 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 insetted thereon properly inserted by 6:00 p.m. on the 20th day of June 2007; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, 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. The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the loth day of June, 2007, by the Ibllowing vote: AYES: NOES: ABSENT: ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, James Thompson City of Palm Springs EXHIBIT A OFFICIAL BALLOT of fALM 4,bA ci w h � °'Ic o;t OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 3 This ballot is for a special landowner election. You must return this ballot ul the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on June 20,2007, either by mail or in person. The City Clerk's office is located at 3200 East Taliquitz Canyon Way,Palm Springs, California, 92262. To vote, made a cross N in the voting square after the word"YES" or after the word "NO". All distinguishing marks otherwise made are forbidden and make the ballot void_ If you wrongly nark,tear, or deface this ballot, retuun it to the City Clerk of the City of Pahn Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on taxable property within Annexation No. 3 of the City of Palm Springs Community Facilities District Elyes 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are ❑ needed to pay for police services, fire protection and suppression services at the No special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit B to the Resolution of Formation (Resolution No. 21428) adopted bythe City Council of the City-of Palm Springs on October 19, 2005? PROPOSITION B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of .Article XIIIB of die California Constitution, be established for Yes Annexation No. 3 of the City of Palm Springs Commuitity Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of $115,500,000? NO Number of votes: Tract: Project Name: Property owner: By. s� "o' EXHIBIT "D" l` RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, MAILING CERTAIN FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION AND ADDING PROPERTY TO COMMUNITY FACILITIES DISTRICT NO. 2005- 1(PUBLIC SAFETY SERVICES), ANNEXATION NO. 3 WHEREAS, the City Council of the City of Palm Springs (the "City Council"), has previously formed a Community Facilities District pursuant to the provisions of 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, said Article 3.5 thereof. The existing Community Facilities District being designated as Community Facilities District No. 2005-1 (Public Safety Services) (hereafter referred to as CFD No. 2005-1); and, WHEREAS, the City Council initiated proceedings to annex certain territory to Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 3 (hereafter referred to as "Annexation No. 3"); and WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 3 has been received from the property owner or owners of such territory; and WHEREAS, less than twelve (12) registered voters have resided within the territory of Annexed Area for each of the ninety (90) days preceding June 20, 2007, therefore, pursuant to the Act the qualified electors of Annexation. No. 3 shall be the "landowners" of Annexation No. 3 as such term is defined in Government Code Section 53317(f) and each such landowner who is the owner of record, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that she or he owns within Annexation No. 3; and WHEREAS, the time limit specified by the Act for conducting an election to submit the levy of the special taxes on the property within Armexation No. 3 to the qualified electors of Annexation No. 3 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 3; and WHEREAS, the City Clerk of the City of Palm Springs has caused ballots to be distributed to the qualified electors of Annexation No. 3, has received and canvassed such ballots and made a report to the City Council regarding the results of such canvas, a copy of which is attached as Exhibit A hereto and incorporated herein by this reference; and WHEREAS, at this lime the measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 3 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein by this reference, has been submitted to the City COnnCil. NOW, THEREFORE, BE 1T RESOLVED, determined and ordered by the City Council for the City of Palm Springs Community facilities District No. 2005-1, Annexation No. 3 as follows: Section I Recitals. The above recitals are all true and correct. Section 2 Findings. This City Council does hereby determine as follows: (a) The unanimous consent to the annexation of Annexation No_ 3 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 3 and such consent shall be kept on file in the Office of the City Clerk. (b) Less than twelve (12) registered voters have resided within the territory of Annexation No. 3 for each of the ninety (90) days preceding June 20, 2007, therefore, pursuant to the Act the qualified electors of Annexation No. 3 shall be the "landowners" of such Annexation No. 3 as such term is defined in Government Code Section 53317(f). (c) The qualified electors of Annexation No. 3 have unanimously voted in favor of the levy of special taxes within Annexation No. 3 upon its annexation to CFD No. 2005-1. Section 3 Annexed Area. The boundaries and parcels of territory within Annexation No. 3 and on which special taxes will be levied in order to pay for the costs and expenses of authorized Public Safety Services are shown on the Annexation Map as submitted to and hereby approved by this City Council. Section 4 Declaration of Annexation. The City Council does hereby determine and declare that Annexation No. 3 is now added to and becomes a part of CFD No. 2005-1, The City Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered to levy the authorized special tax within Annexation No. 3. Section 5 Notice. Immediately upon adoption of this Resolution, notice shall be given as follows: An Arnendment to the Notice of Special Tax Lien (Notice of Annexation) shall be recorded in the Office of the County Recorder no later than fifteen (15) days after the date of adoption of this Resolution. The foregoing Resolution No. was passed and adopted by the City Council of the City of Palm Springs on the 20th day of June, 2007, by the following vote: AYES: NOES: ABSENT: _W ABSTAIN: Mayor, Ronald Oden City of Palm Springs Attest: City Clerk, Jaynes Thompson City of Palm Springs EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) The undersigned, ELECTION OFFICIAL OF THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 3 SPECIAL ELECTION in the City, held on .Tune 20, 2007. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be annexed, Annexation No. 3 to Community Facilities District No. 2005-1 (Public Safety Services) of the City oFPalm Springs for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION 1: YES NO VOTES CAST ON PROPOSITION 2: YES NO WITNESS my hand this loth day of June, 2007 City Clerk, James Thompson City of Palm Sprinbs f,n7)Is EXHIBIT B BOUNDARY MAP .1 �"�Tw AMEND EO BOUNDARY MAP TO THE smart oPx MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.3 N ~ [nPr- [E.+r ff4rJim+ :uar CT' PWAEPRIT ti.rn.uaw4xmr..rortw.sa¢ac P tI GHP FME rem_:r=u..�sm=c..ac�ms_arrF �,. "TF����'x•�ie Yl�E _ _ - mw_uaneonxauv�¢uxas �€ t s o-,�_ J o OCNL:GV Er P:Y➢ QAlmoL o auZro H.-.�i GS 3i LLO PN➢ O © R i�.us�nR�w n s5wlni�rt�a��w�irMm I ¢uY^�v�wwi¢atx�.iivau� wn_a.a._ LEGEIlG n4�OTn AL:EYAT O'i PJJtiLVAt 19fI Pf[F 1a.OD_+P Q .ua�llFSR.ilIYP Qi MuniFinancial r� B-1 AMENDED BOUNDARY MAP TO THE sn�rzoez MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.2005-1 CPU BLIC SAFETY SERVICES) ANNEXATION NO.3 crrra�Sava s'six3 ccurmwvv.�sne STRSE C£GYIL9LIl5 Y211 L Ey+uney N surarr cup s nn — Yl�E — � I • 55 S O I O � I �C�T f Z FIcPtl]e 0.iYE Ill � hn i ,r-E n >— uciermar zaurrv_ar MuniFinancialwz— O eze sea ranu� B-2 EXHIBIT C LIST OF PROPERTIES TO BE ANNEXED y J ,\ F� 9r 4 rv,.,5 i i LIST OF PROPERTIES TO BE ANNEXED PROPERTY DESCRIPTION PROPERTY OWNER 505-283-009 803 N PALM CANYON,LLC 508-131-017 FIVE STAR PROPERTY DEVELOPMENT,LLC 508-181-018 FTVE STAR PROPERTY DEVELOPMENT, LLC 504-040.038 PS RACQUFT CLUB PROPERTIES,LLC 504-133-001 PS RACQUET CLUB PROPERTIES,LLC 504-133-002 PS RACQUET CLUB PROPERTIES,LLC EXHIBIT "E" ti ORDINANCE, NO. ORDINANCE OF THE CITY COUNCiI, OF THE CITY OF PALM SPRINGS, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES), ANNEXATION NO. 3 WHEREAS, the City Council of the City of Palm Springs, California (the "City Council"), has initiated proceedings, held a public hearing, conclucted an election and received a favorable vote from the qualified electors authorizing the levy of a special taxes in a community facilities district, all as authorized pursuant to the terns and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Goverment 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 "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Conununity Facilities District Law")- This Community Facilities District is designated as Community facilities District No. 2005-1, Annexation No. 3 (the "District"), The City Council of the City of Palm Springs, California, acting as the legislative body of Community Facilities District No. 2005-1, Annexation No. 3, does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes within the District pursuant to the Rate and Method of Apportionment of Special "faxes as set forth in Exhibit A attached hereto (the "Rate and Method"), referenced and so incorporated. SECTION 2. The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Annexation. SECTION 3. The special taxes herein authorized, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the Cormty tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. SECTION 4. The special taxes shall be secured by the lien imposed pursuant to Sections 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall be a continuing lien and shall secure each levy of the special tax. The lien of the special tax shall continue in force and effect until the special tax obligation is prepaid, permanently satisfied and canceled in accordance with Section 53344 of the Government 1 Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SUCTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Government Code Section 36933. Introduced at a regular meeting of the City Council of the City of Palm Springs, California, on the day of 2007; Enacted at a regular meeting of the City Council of the City of Palm Springs, California, held on the day oP , 2007, by the following vote: AYES: NOES: ABSENT: ABSTAIN. Mayor, Ronald Oden City of Palm Springs Attest: City Cleric, James Thompson City of Palm Springs 2-- C, 1�; FXHIBIT A RATE AND METHOD OF APPORTIONMENT t �t , EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT A Special Tax of CommLmity Facilities District No. 2005-1 (Public Safety Services) of the City of Pahn 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 apponionment of the Special Tax set forth below. All of the real properly in the District, unless exempted by law or by the provisions hereof, shall be taxed for the purposes,to the extent and irr the manner herein provided. A. 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 reap, other final map, other parcel map, other condominium plan, or functionally equivalent reap or instrurnent 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 C_onarnunity Facilities Act of 1982, being Chapter 2.5, Pan 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. "Administiative Expenses" means the actual or estimated costs incurred by the City as administrator of the District to detemune, 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 (CPT) 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 CPI 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 deterrrntred by the United States Department of Labor, Bureau of Labor Statistics, and may be obtained through the California Division of Septa» 7, 2005 A-1 City gfPalmSpnng5 Qnmanty Faahtiz Dimid Na 2005.1 (p4ax Sdfy Seruc� �, . � Labor Statistics and Research (www.dir.ca.gov/dlsr)_ 1f the foregoing index is not available, the CrD Administrtor shall select a reasonably comparable index. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned assessor's parcel number. "Assessors Parcel Map" means an official map of the .Assessor of the County designating parcels by assessor's parcel ntunber. "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-Fanrily Residence" means all Assessor's Parcels of Developed Property for wl-icb 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 traits. "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 pennit(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 CommurrityFacilities 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 1st 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 V 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 ptupose of residential development, excluding any Assessor's Parcel that is designated as a remainder parcel determined by final documents and/or maps available to the District Administrator. Septer '�•7, 2005 - - A-2 City of PalmSPrzrrgs Cmm ztniV Fadities Dis No. 2005-I (Public Safety Sei-=) ..l J "Final Map" means an Assessor's Parcel Map, a final subdivision map, other parcel map, other final reap, other condonrinium 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 anyof 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 maybe issued. "Maximmn 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 turder 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 properly 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, parlu, 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 @ the costs of contracting services, (n) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies, (in) 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 die 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 safetyservices. "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 tinder Sections C and D, below. Septerrsxr7, 2005 A-3 City ofR11MSprzW CwmantyFacVi6E Di tnaNa 2005.5 (.Public Safety Sei^m) "Special Tax Requireinent" means that amount required in any Fiscal Year for the District to: () pay for Public Safety Service Costs; (ii) pay reasonable Administrative Expenses; (iii) pay auy 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. "Tax-Exempt Property" means an Assessor's Parcel not subject to the Special Tax. Tax- Exempt Property includes: (r) Public Property, (n) Property Owner Association Property, (in) 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. B. AS. iS GNiVi �Q� ANI�iJSE CATEGORIES Each Fiscal Year using the defu-iitions above, all 'Taxable Properly within the District shall be classified as Developed Property, Entitled Property, or Undeveloped Property. Developed Property shall be further classified as Developed Single-Family Residence or Developed Multi-Family Residence. Comnnencing 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. Septer7�vr7, 2005 A-4 City efPulmSpnngs Umnm vntyF,ao7diesDismrNa 2005-1 (Public Safety Serzr ) t C. MAXIMUM SPECi,AL TAX RATE 1. Developed Property TABLE 1 Maximum Special Tax for Developed Property Conunuzuty Facilities District No. 2005-1 (Public Safety Services) Maximtun Land Use Description Special Tax Class Per Unit 1 Developed Single-Family $350 per Unit Residence Developed Multi-Family $295 per Unit Residence On each JtAy 1 following the Ease Year (i.e.,July 1, 2007), the Maxitnum Special Tax Rates in Table 1 shall be increased in accordance with the Annual Escalation Factor. Once the Maxunum 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 Maxiinunz Special Tax for Entitled Property Community Facilities District No. 2005-1 (Public Safety Services) Maximun-r Land Use Description Special Tax Class I Per Lot 3 Entitled Properly $100 per Lot No Annual Escalation Factor shall be applied to the Maximum Special Tax Per Lot for Entitled Property. Septe?�7, 2005 A-5 City of Palm Springs 07rmimty Far27itk5 District Na 2003-1 (Public Safely Smza's) 3. Undeveloped Property Undeveloped Property will be assigned a Maxnnum Special Tax Rate of $500 per acre or portion thereof, with a minirnum.rate of $100 for Undeveloped Property less than or equal to one-fornh (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 Property $100 per 51/4 Acre Assessors Parcel 5 Undeveloped Property $500 per Acre 71/4 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 Properly. 5. Multiple Land Use Classes In Some instances an Assessor's Parcel may contain more than one Land Use Class. The Maximrnn Special Tax levied on an Assessor's Parcel shall be the stun of The Maximum Special Tax levies that can be imposed on all Land Use Classes located on that Assessor's Parcel. D. 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 bythe first step, then the Special Tax shall be levied each Fiscal Year on each Assessor's Parcel of Septen er7, 2005 A-6 City ofPalmSpnngs aw?ua7ityFaditiesXJzs Na 2005-1 (Public Safety,Sersices�� Entitled Property up to 100% of the applicable Maximum Special Tax for Entitled Properly. 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 Maxiinum Special Tax for Undeveloped Propercy. E. 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. 'Ihe 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. F. ENTMPTIONS 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 $17,900 or less gross income per year, upon complying with procedures to establish such exemption, or C. A Residential Property which qualifies for either the Low Income Rate Assistance (LIRA) exemption for electrical or gas services or the Lifeline exemption for telephone services. The City is authorized and directed to promulgate administrative rules and procedures for verification of eligibility for the exemptions referred to in section F. G. MANNER OF COLLECTION Special Tax as levied pursuant to Section D above shall be collected in the same manner and at the same time as ordinary ad vdorem properly taxes; provided, however, that the District Administrator may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet the financial obligations of the District or as otherwise determined appropriate by the District Adm n 'trator. Septem 7, 2005 A-7 City gfPdlmSprrzgs CWn;?,rrityFacditzDistrktNa 2005-1 (Public Safety SOIL* H. TERM OF SPECIAL TAX Every five years after the establishment of the District, the City CoLuicil may reexamine, if deemed necessary by City Council, the necessity of the continuance of the Special Tax through the preparation of a fiscal Impact Analysis, otherwise the Special Tax shall be levied in perpetuity. Septerrrxr7, 2005 A-8 City g{I'dlmSpnW Cowr ty Faaliti$District Na 2005-1 (Public Safety Sc ) No, 173a NOTICE OF PUBLIC HEADING Annexation of Certain Territory Into C, of Palm germ .Commuril Facilities U(oil No,2U115.7 (Public safety Services) NOTICE IS HEREBY GIVEN that pursuant to PROOF OF PUBLICATION Government Code Section 53322,the CITY Coon, all of the CIry of Palm $prings, California (the (2015^� y ¢ /-� /-� Clry Council") will hold a puhllc hearing at t.00 .5.C.C.P) p.m. on dune 20, 2007, or as soon thereafter al practicable, at the Connell Chambers of the City of Palm Spring$, 3200 East Tahqquitz Canyon Way,Palm Springgs California,9226z.for the par. pposesaf canal tlering-the'ennepxatgiion of certain Facilltic-of the Na 20 of 05 1 SPubli[$afery Ser- Ser- vices(the T)ieaicY). P On May 18,2007,the City Council adopted Res- olutlon No.21896 entitled "Resolution of the Clry Council of the City of palm S%pin s, California, Declaring Ile Intention to Authorize the Annexation STATE OF CALIFORNIA of Territory to Community FAcIIltles District No. 2005-1 �Publlc Sell$ervlces7,Annexation No County Of IZiVCIrSIdC 3 (the Rosclutlon of Intention)stating its Inven- tion to annex certain territory(hereafter reforred to as "AnneXatlon No 3'I Into the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 63311 of the California Government Code (the Act") for the purpose of levying a Special'I'm to.- finance pollee services,fire protection and sup- pression services, and life safety services. I am a citizen of the United States and a resident of A goncral'description of the soMces to be the County aforesaid; I am over the age of eighteen financed by the District is as follows: years,and not a party to or interested in the Police services, fire pprorectlon and sucpossron. services, and life sahify services (the Services") of the City of Palm Spnngy required to jvsrain the above-entitled matter.I am the principal cleric of a scnhce delivery Capebllity for dmprgpricy and non- printer Of the,DESERT SUN PUBLISHING emergency services to now grewlll areas of the City of Palm Springs,including but not limited to, COMPANY a newspaper of general circulation, oawpment vphs:les,ambufal and paramedics, fire apparatus,services, supplies and personnel; printed and published in the city of Palm Springs, provided, however, that any Increases in special taxes for costs related to employee we $and County of Riverside,and which newspaper has been benefrf$shall be limited as provided In the Rafe adjudged a newspaper of general circulation b the and Method of Ap ornariment of the Special Tax- y es to fund such Services. Superior Court of the County of Riverside,State of The same ypes of services that are authorized to California under the date of March 24, 1988,Case be finance by The District are the types of ser- vices to be provided In AnnexationNo. 3. If and at the notice,of which the to the ll possible such services shall be pro. Number 191236;th annexed is arinted e0 vided in common wlthm x- the District and Anne p copy(set in type not smaller atlon No. 3. than non pariel,has been published in each regular 'the special to pproposod to be levied within An- and entire issue Of SAid newspaper and not in any nexation No. 3 for services to be supplied within supplement thereof on the following dates,to wit; levied of pay for slams emicas in the Distric[ except that a higher or lower special tax may be levied Within Annaxatleo No. 3 to the extent that Jun,2n,,2007 the actual cost of providing the services In An- ---—--- nexallon No.3 Is Higher or l over than the cost of "�-�---------------- providing those services In the District. Notwlth- slanding the foregoing,the special talc may not be levied at a rate that Is higher then the ml mum special tax authorized to be levied pursuant ---------^-------------- {o the Rate and Method of Apportionment of the All in the year 2007 Special Tax. Tile maximum special tax rate In the District shall (or declare)Under not be Increased as a result of the annexation of I certify( ) der penalty of perjury that the Annexation No.3 to the Olstrot. foregoing is true and correct. The Special Tax as levied'pur^cant to the de- scription above shall be collectod in the same manner and at the same time as ordinary ad valo- llated at Palm Springs,California this---$rt', -•dayrem roppertrtyy taxes; provided, however that the District Adm illstraior may tllrectly bill the Special Tax, may calleet Special Takes at a ddfortn[time Of--- June �� - or In a different manner If necessary to meet the -- --^----------------- 2t1Q7 financial obligations of the District or a^otherwise r i determined appropriate by the District AdminLtra- / tor. It at least 12 persons have been rogistered to Vole within the territory to be annexed to the CFO -- for each o1 the 90 days preceding the close of ----••-•••----p-----------/--��"—\----�--- the public or protest hearing,the vote in the spe- cial cle. In tIonhe shall , by the special Fierednd voter of Sig (lure Annexation No. 3 with each votor having one vote. In that ovens, the istrar election shall be County conducted by the an shall a Voters of the ` County of Riverside and $nilll be hold on r,data - •'elected by the City shape and the ballots for - - - the ..ppeclat election shall be di5tributad to the qualified electors of Annexation No. 3 by mall - — with retum postage prepaid,and the specie elec- -- `•1 -: tion shall be conducts as a mall ballot election. i If at the time of the elate of the protc:A peai Ing Ic*s than 12 parsons have boon regNlstered to vote within the territory of Annexation o. 3,the vote "C =? U rah D"'I shall be by the landowners of Annexalion No. 3, r r P/V YG with each landowner of record at the close of the © _ protest hearing havng one vote for each acre or 'onion of an acre of land that he or chid owns -- �'r withln Annexation No.S.In that event,the special 1 ` election.:hall be conducted by the City Clerk. J ,d"1 1 At the hearing,the tehimeny of all Interested per- sons, Including all taxpayers or parsons owning pproperrtyry In the area,for or against annexation ofI the Oistnot,the extent of tho I]I;trlct,the furnish- trig of a specified typpe or types of public facllltles or services will be heard. If ((a) SO%.or more GT the registered voter, ar six(6I registered voters whichever i3 more, resldlnqq witthin the District b 5d'96 or more of th0 raggl%Meted voters, or six�6 rapplSSeretl voters whichever is more, residing wl[hIn Annexation No.3,(c)ownore of one-half or more of the area of land In the territory included in Annexation No.3,or(d owners of one-half or more of tho area of land �n the territory Included 1 In Annexation No. 3, file written protests against the pprapcPed annexation of Annexation No. 3 to the❑istnct in the future and such protests are net withdrawn so as to reduce the protests to loss than a majority no further proceedings shall be undertaken for a period of one year from She date of the decision by the City Council on the Issued dlseus%ed at the public hearing. All terms not defined herein shall be as dohnod in the Resolution of Intention Authorizing the Annex- ation of Carl*'rerrlmry.The complete text of this resolution,the proposed rate and method of appcnlonment of the special tax,and the bound- ary map of the proposed territory to ba annexed are on file In tho Cily Clerk's Office and are avail- ible for public Inspection between the hours of 8:00 a.m and 5:00 p.m. Monday throush Friday. QUdetions regarding this matter may be directed to Troy I3utoun,Assistant Clttyy Manager-Admin- Iatrative Services, it p60) 322-8336. SI necosda ayyuda con esta carts,par favor Ilame a Is Ciudad tle Palm Springs uede hablar con Nodlne Fleger telefano(70 ) y2 82a5. James hompson, sty IMK Published: G/2/2001 PALM s 0 City ®f Palm Sprtngs " Office of the Cky Clerk �L 3200 E.Tnliquin Canyon Way ' Palm Springs, California 92262 C,qJIFO \p' TO (760) 3?;-�4?04 • Fne (760) }??-S3;,2 • Wr, wwwpxlmhprin„h-ra env R� AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing, to consider the Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 3" (the "Resolution of Intention") stating its intention to annex certain territory (hereafter referred to as "Annexation No. 3") into the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act'), for the purpose of levying a Special Tax to finance police services, fire protection and suppression services, and life safety services, was mailed to each and every person set forth on the attached list on the 5ih day of June, 2007, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (15 notices mailed) I declare under penalty of perjury that the foregoing is true and correct. _Dated at Palm Springs, California, this 7th day of June, 2007. AMESTHOMPSON City Clerk /kdh Affidavit-CFI 2005-1 #3 doo Posi Office Box 2743 Palm Springs, California 92263-2743 ar NEIGH80RHOODiCOALITI ON"REPS[ . MS APRIL HILDNER . ,'', '; (TAHQUITZ RIVERS ESTATES) MR JIM LUNDIN PNN for PC Monkingi 241 EAST MESQUITE AVENUE (DEEPWELL ESTATES) ILL I PALM SPRINGS CA 92264 1243 SO. SAGEBRUSH PALM SPRINGS CA 92264 MS ROXANN PLOSS MR JOHN HANSEN MS MALLIKA ALBERT (BEL DESIERTO NEIGHBORHOOD ) (WARM SANDS NEIGHBORHOOD) (CHINO CANYON ORGANIZATION) 930 CHIA ROAD PO BOX 252 2241 NORTH LEONARD ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 MS DIANE AHLSTROM MR BOB MAHLOWITZ MS PAULA AUBURN (MOVIE COLONY NEIGHBORHOOD) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISENISTA CHINO AREA) 475 VALMONTE SUR 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MS SHEILA COBRIN MR BILL SCOTT MR SEIMA MOLOI VISTA LAS PALMAS HOMEOWNERS (OLD LAS PALMAS NEIGHBORHOOD) (DESERT HIGHLAND GATEWAY EST) 1701 N. PALM CANYON DRIVE,STE. 1 540 VIA LOLA 359 WEST SUNVIEW AVENUE PALM SPRINGS, CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262-2459 MS LAURI AYLAIAN MR PETE MORUZZI HISTORIC TENNIS CLUB ORG MODCOM HNb'� � �i - PALM SPRINGS MODERN COMMITTEE 377 WEST BARISTO ROAD HISTORIC SITE RAP, :-� ;� PO BOX 4738 PALM SPRINGS CA 92262 PALM SPRINGS CA 92263-4738 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA INDIANS 777 E TAHQUITZ CANYON WAY, STE. 3 PALM SPRINGS CA 92262 1� �f Mr. Fred Bell, Executive Dir. Building Industry Assoc. 77-570 Springfield Lane Suite E Palm Desert, CA 92211 NOTICE OF PUBLIC HEARING Annexation of Certain Territory into City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) NOTICE IS HEREBY GIVEN that, pursuant to Government Code Section 53322, the City Council of the City of Palm Springs, California (the "City Council") will hold a public hearing at 6:00 p.m. on June 20, 2007, or as soon thereafter as practicable, at the Council Chambers of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, for the purposes of considering the annexation of certain territory into the City of Palm Springs Community Facilities District No. 2005-1 — Public Safety Services (the "District"). On May 16, 2007, the City Council adopted Resolution No. 21896 entitled "Resolution of the City Council of the City of Palm Springs, California, Declaring Its Intention to Authorize the Annexation of Territory to Community Facilities District No. 2005-1 (Public Safety Services), Annexation No. 3" (the "Resolution of Intention") stating its intention to annex certain territory (hereafter referred to as "Annexation No. 3") into the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"), for the purpose of levying a Special Tax to finance police services, fire protection and suppression services, and life safety services. A general description of the services to be financed by the District is as follows: 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, equipment, vehicles, ambulances and paramedics, fire apparatus, services, supplies and personnel; provided, however, that any increases in special taxes for costs related to employee wages and benefits shall be limited as provided in the Rate and Method of Apportionment of the Special Taxes to fund such Services. The same types of services that are authorized to be financed by the District are the types of services to be provided in Annexation No. 3. If and to the extent possible, such services shall be provided in common within the District and Annexation No. 3. The special tax proposed to be levied within Annexation No. 3 for services to be supplied within Annexation No. 3 shall be equal to the special tax levied to pay for the same services in the District, except that a higher or lower special tax may be levied within Annexation No. 3 to the extent that the actual cost of providing the services in Annexation No. 3 is higher or lower than the cost of providing those services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate that is higher then the maximum special tax authorized to be levied pursuant to the Rate and Method of Apportionment of the Special Tax. The maximum special tax rate in the District shall not be increased as a result of the annexation of Annexation No. 3 to the District. The Special Tax as levied pursuant to the description 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. It at least 12 persons have been registered to vote within the territory to be annexed to the CFD for each of the 90 days preceding the close of the public or protest hearing, the vote in the special election shall be by the registered voters of Annexation No. 3 with each voter having one vote. In that event, the special election shall be conducted by the Registrar of Voters of the County of Riverside and shall be held on a date selected by the City Council and the ballots for the special election shall be distributed to the qualified electors of Annexation No. 3 by mail with return postage prepaid, and the special election shall be conducted as a mail ballot election. If at the time of the close of the protest hearing less than 12 persons have been registered to vote within the territory of Annexation No. 3, the vote shall be by the landowners of Annexation No. 3, 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 Annexation No. 3. In that event, the special election shall be conducted by the City Clerk. At the hearing, the testimony of all interested persons, including all taxpayers or persons owning property in the area, for or against annexation of the District, the extent of the District, the furnishing of a specified type or types of public facilities or services will be heard. If (a) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within the District, (b) 50% or more of the registered voters, or six (6) registered voters, whichever is more, residing within Annexation No. 3, (c) owners of one-half or more of the area of land in the territory included in Annexation No. 3, or (d) owners of one-half or more of the area of land in the territory included in Annexation No. 3, file written protests against the proposed annexation of Annexation No. 3 to the District in the future and such protests are not withdrawn so as to reduce the protests to less than a majority no further proceedings shall be undertaken for a period of one year from the date of the decision by the City Council on the issued discussed at the public hearing. All terms not defined herein shall be as defined in the Resolution of Intention Authorizing the Annexation of Certain Territory. The complete text of this resolution, the proposed rate and method of apportionment of the special tax, and the boundary map of the proposed territory to be annexed are on file in the City Clerk's Office and are available for public inspection between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Questions regarding this matter may be directed to Troy Butzlaff, Assistant City Manager— Administrative Services, at (760) 322-8336. Si necesita ayuda con esta carta, por favor (lame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. afnes Thompson, City-Clerk 2