HomeMy WebLinkAbout2/1/2017 - STAFF REPORTS - 1.B. iy
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City Council Staff Report
DATE: February 1, 2017 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NOS. 1913 AND
1914, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A
COMMUNITY FACILITIES DISTRICT, INCLUDING CERTAIN
ANNEXATION TERRITORIES
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance Nos. 1913 and 1914.
RECOMMENDATION:
1. Waive the reading of the ordinance text in its entirety and adopt Ordinance
No. 1913, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 14, ICON, TRACT MAP NO. 36725, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES)."
2. Waive the reading of the ordinance text in its entirety and adopt Ordinance
No. 1914, "AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA,
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 15, SUNIA, TRACT MAP NO. 37143, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES)."
STAFF ANALYSIS:
On January 18, 2017, Ordinance Nos. 1913 and 1914 were introduced for first reading,
as noted below:
ACTION: 1) Waive reading of the full text in its entirety and introduce on first reading by
title only, Ordinance No. 1913, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
Item No. 1 . B .
ADOPTION OF ORDINANCE NO. 1913 and 1914
February 1, 2017
Page 2 of 2
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 14, ICON, TRACT MAP NO. 36725, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)."
2) Waive reading of the full text in its entirety and introduce on first reading by title only,
Ordinance No. 1914, "AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT, INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 15, SUNIA, TRACT MAP NO. 37143, INTO
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)."
Motion by Councilmember Mills, seconded by Councilmember Roberts, and
unanimously carried on a roll call vote.
This report provides for the City Council to waive further reading and adopt the
ordinances. The ordinances shall be effective 30-days from adoption.
Kathleen D. Hart, MMC David H. Ready, EE , D.
Interim City Clerk City Manager
/cab
Attachments:
Ordinance Nos. 1913 and 1914
02
ORDINANCE NO. 1913
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES
DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 14, ICON,
TRACT MAP NO. 36725, INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1. Division 2, Title 5 of the Government Code of the State of California (the "Act') and
the City of Palm Springs Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI
of the Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD
Ordinance may be referred to collectively as the "Community Facilities District Law"), to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) (the "District') for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services") as
provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is
set forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City
Council of the City of Palm Springs, California, Forming and Establishing a Community
Facilities District," (the `Resolution of Formation"), which was adopted on October 19,
2005; and
WHEREAS the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
January 18, 2017, adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of a Special Annexation
Landowner Election, Determining Validity of Prior Proceedings, and Directing the
Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 14, Icon,
Tract Map No. 36725, into Community Facilities District No. 2005-1 (Public Safety
Services)."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within the District, including the Annexation
03
Ordinance No. 1913
Page 2
Territory, pursuant to the Community Facilities District Law, at the rate and in
accordance with the rate and method of apportionment of special tax set forth in the
Resolution of Formation, which rate and method is by this reference incorporated
herein. The special tax has previously been levied in the original territory of the District
beginning in fiscal year 2006-07 pursuant to Ordinance No. 1677 passed and adopted
by the City Council on November 2, 2005, and the special tax is hereby levied
commencing in Fiscal Year 2017-18 in the District, including the Annexation Territory
identified as Annexation No. 14, Icon, Tract Map No. 36725, and in each fiscal year
thereafter to pay for the Services for the District and all costs of administering the
District.
SECTION 3. The City's Finance Director or designee or employee or consultant
of the City is hereby authorized and directed each fiscal year to determine the specific
special tax to be levied for the next ensuing fiscal year for each parcel of real property
within the District, including the Annexation Territory, in the manner and as provided in
the Resolution of Formation.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in
the Resolution of Formation and the applicable provisions of the Community Facilities
District Law. In no event shall the special tax be levied on any parcel within the District
in excess of the maximum special tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the special tax shall be used as provided in
the Community Facilities District Law and in the Resolution of Formation, including, but
not limited to, the payment of the costs of the Services, the payment of the costs of the
City in administering the District, and the costs of collecting and administering the
special tax.
SECTION 6. The special tax shall be collected in the same manner as ordinary
ad valorem taxes are collected and shall have the same lien priority, and be subject to
the same penalties and the same procedure and sale in cases of delinquency as
provided for ad valorem taxes; provided, however, that the City Council may provide for
other appropriate methods of collection by resolution(s) of the City Council. The
Finance Director of the City is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Riverside in order to effect
proper billing and collection of the special tax, so that the special tax shall be included
on the secured property tax roll of the County of Riverside for Fiscal Year 2017-18 and
for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City.
SECTION 7. If for any reason any portion of this Ordinance is found to be invalid,
or if the special tax is found inapplicable to any particular parcel within the District,
including the Annexation Territory, by a court of competent jurisdiction, the balance of
this Ordinance and the application of the special tax to the remaining parcels within the
District, including the Annexation Territory, shall not be affected.
04
Ordinance No. 1913
Page 3
SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published immediately after its passage at least once in a newspaper of
general circulation for the City.
SECTION 9. This Ordinance shall take effect 30 days from the date of final
passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 1ST DAY OF FEBRUARY, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1913 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on January 18, 2017, and
adopted at a regular meeting held on February 1, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
05
ORDINANCE NO. 1914
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
LEVY OF SPECIAL TAXES IN A COMMUNITY FACILITIES
DISTRICT, INCLUDING CERTAIN ANNEXATION
TERRITORY IDENTIFIED AS ANNEXATION NO. 15,
SUNIA, TRACT MAP NO. 37143 INTO COMMUNITY
FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY
SERVICES).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1. Division 2, Title 5 of the Government Code of the State of California (the "Act') and
the City of Palm Springs Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI
of the Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD
Ordinance may be referred to collectively as the "Community Facilities District Law"), to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) (the "District') for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services") as
provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is
set forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City
Council of the City of Palm Springs, California, Forming and Establishing a Community
Facilities District," (the 'Resolution of Formation"), which was adopted on October 19,
2005; and
WHEREAS the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
January 18, 2017, adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of a Special Annexation
Landowner Election, Determining Validity of Prior Proceedings, and Directing the
Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 15,
Sunia, Tract Map No. 37143, into Community Facilities District No. 2005-1 (Public
Safety Services)."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
06
Ordinance No. 1914
Page 2
SECTION 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within the District, including the Annexation
Territory, pursuant to the Community Facilities District Law, at the rate and in
accordance with the rate and method of apportionment of special tax set forth in the
Resolution of Formation, which rate and method is by this reference incorporated
herein. The special tax has previously been levied in the original territory of the District
beginning in fiscal year 2006-07 pursuant to Ordinance No. 1677 passed and adopted
by the City Council on November 2, 2005, and the special tax is hereby levied
commencing in Fiscal Year 2017-18 in the District, including the Annexation Territory
identified as Annexation No. 15, Sunia, Tract Map No. 37143, and in each fiscal year
thereafter to pay for the Services for the District and all costs of administering the
District.
SECTION 3. The City's Finance Director or designee or employee or consultant
of the City is hereby authorized and directed each fiscal year to determine the specific
special tax to be levied for the next ensuing fiscal year for each parcel of real property
within the District, including the Annexation Territory, in the manner and as provided in
the Resolution of Formation.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in
the Resolution of Formation and the applicable provisions of the Community Facilities
District Law. In no event shall the special tax be levied on any parcel within the District
in excess of the maximum special tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the special tax shall be used as provided in
the Community Facilities District Law and in the Resolution of Formation, including, but
not limited to, the payment of the costs of the Services, the payment of the costs of the
City in administering the District, and the costs of collecting and administering the
special tax.
SECTION 6. The special tax shall be collected in the same manner as ordinary
ad valorem taxes are collected and shall have the same lien priority, and be subject to
the same penalties and the same procedure and sale in cases of delinquency as
provided for ad valorem taxes; provided, however, that the City Council may provide for
other appropriate methods of collection by resolution(s) of the City Council. The
Finance Director of the City is hereby authorized and directed to provide all necessary
information to the auditorttax collector of the County of Riverside in order to effect
proper billing and collection of the special tax, so that the special tax shall be included
on the secured property tax roll of the County of Riverside for Fiscal Year 2017-18 and
for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City.
07
Ordinance No. 1914
Page 3
SECTION 7. If for any reason any portion of this Ordinance is found to be invalid,
or if the special tax is found inapplicable to any particular parcel within the District,
including the Annexation Territory, by a court of competent jurisdiction, the balance of
this Ordinance and the application of the special tax to the remaining parcels within the
District, including the Annexation Territory, shall not be affected.
SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published immediately after its passage at least once in a newspaper of
general circulation for the City.
SECTION 9. This Ordinance shall take effect 30 days from the date of final
passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 1ST DAY OF FEBRUARY, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
08
Ordinance No. 1914
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1914 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on January 18, 2017, and
adopted at a regular meeting held on February 1, 2017, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
09
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs,CA 92262
760-778-4578/Fax 760-7784731 RECEIVED
CITY OF PALM SPRINGca
State of California as: 2111 FEB 16 AM 91 12
County of Riverside
OFFICE OF THE CITY CLERK
Advertiser: CITY OF PALM SPRINGS/LEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001920280
1 am over the age of 18 years old,a citizen of
the United States and not a party to, or have
interest in this matter. I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
panel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates,to wit:
Newspaper:The Desert Sun
2/11/2017
I acknowledge that I am a principal clerk of the - o1N o yfis +..f;
9 P P 7N' PHIN 11"1 A �PzfNe
printer of The Desert Sun, printed and e �N _tr "�
published weekly in the City of Palm Springs,
County of Riverside, State of California. The
Desert Sun was adjudicated a Newspaper of
�reti t r e
fa mmuniry acilmes 05 u
general circulation on March 24, 1988 by the
FIICg710N
Superior Court of the County of Riverside, :' t
State of California Case No. 191236. do 6
P a '• p' ICE 1913� 1 t;yg-wnN Fdr {day and
I Jah y2Qf, ° 'dR i79tbe.Palm Sp?in's Ce tounn n.
FebPua Vf6t7 byit efo lawfn e-g t� a tT chi}gldbn
AVESiS`=W >;71membgj Co pnlm
a P10 7'emand dyo9 o a,
Hors rr,.3 aer
I declare under penalty of perjury that the AssEryk7°i -'�f .�pwp
ABST9iNa� ° ewoK.e-t3pn�Alrrd foregoing is true correct. Executed on KA'JMW#A*N9aLMMCa;
1MERIM'RV'flE K 1s^l5 y v�
this 11th d of FEB VARY, 2017 in Palm z-ciGa'* hxa +{��s,a , "+ .�f"'116cl:2111117
p Zridfisx �.a7 M 2 _
Springs,
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CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
9
111Io�
Date: February 14, 2017
Subject: Ordinance 1913 —Annexation No. 14 Into CFD 2005-1
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice was published in the Desert
Sun on February 11, 2017.
1 declare under penalt f perjury that the foregoing is true and correct.
Cynthia A. Ber Interim Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before February 9, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Berardi, nterim Chief Deputy City Clerk
)(il ( '1- 16
ORDINANCE NO. 1913
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 14, ICON,
TRACT MAP NO. 36725, INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).
City Attorney's Summary
This ordinance authorizes the levy of special taxes in a Community
Facilities District, including certain annexation territory identified as
Annexation No. 14, Icon, Tract Map No. 36725, into Community Facilities
District No. 2005-1 (Public Safety Services).
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. 1913 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
January 18, 2017, and adopted at a regular meeting of the City Council held on
February 1, 2017, by the following vote:
AYES: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tern Foat and Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None 42�L
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
ORDINANCE NO. 1913
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 14, ICON, TRACT MAP
NO. 36725, INTO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1 . Division 2, Title 5 of the Government Code of the State of California (the "Act') and
the City of Palm Springs Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI
of the Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD
Ordinance may be referred to collectively as the "Community Facilities District Law"), to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) (the "District') for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services") as
provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is
set forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City
Council of the City of Palm Springs, California, Forming and Establishing a Community
Facilities District," (the "Resolution of Formation"), which was adopted on October 19,
2005; and
WHEREAS the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
January 18, 2017, adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of a Special Annexation
Landowner Election, Determining Validity of Prior Proceedings, and Directing the
Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 14, Icon,
Tract Map No. 36725, into Community Facilities District No. 2005-1 (Public Safety
Services)."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within the District, including the Annexation
Ordinance No. 1913
Page 2
Territory, pursuant to the Community Facilities District Law, at the rate and in
accordance with the rate and method of apportionment of special tax set forth in the
Resolution of Formation, which rate and method is by this reference incorporated
herein. The special tax has previously been levied in the original territory of the District
beginning in fiscal year 2006-07 pursuant to Ordinance No. 1677 passed and adopted
by the City Council on November 2, 2005, and the special tax is hereby levied
commencing in Fiscal Year 2017-18 in the District, including the Annexation Territory
identified as Annexation No. 14, Icon, Tract Map No. 36725, and in each fiscal year
thereafter to pay for the Services for the District and all costs of administering the
District.
SECTION 3. The City's Finance Director or designee or employee or consultant
of the City is hereby authorized and directed each fiscal year to determine the specific
special tax to be levied for the next ensuing fiscal year for each parcel of real property
within the District, including the Annexation Territory, in the manner and as provided in
the Resolution of Formation.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in
the Resolution of Formation and the applicable provisions of the Community Facilities
District Law. In no event shall the special tax be levied on any parcel within the District
in excess of the maximum special tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the special tax shall be used as provided in
the Community Facilities District Law and in the Resolution of Formation, including, but
not limited to, the payment of the costs of the Services, the payment of the costs of the
City in administering the District, and the costs of collecting and administering the
special tax.
SECTION 6. The special tax shall be collected in the same manner as ordinary
ad valorem taxes are collected and shall have the same lien priority, and be subject to
the same penalties and the same procedure and sale in cases of delinquency as
provided for ad valorem taxes; provided, however, that the City Council may provide for
other appropriate methods of collection by resolution(s) of the City Council. The
Finance Director of the City is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Riverside in order to effect
proper billing and collection of the special tax, so that the special tax shall be included
on the secured property tax roll of the County of Riverside for Fiscal Year 2017-18 and
for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City.
SECTION 7. If for any reason any portion of this Ordinance is found to be invalid,
or if the special tax is found inapplicable to any particular parcel within the District,
including the Annexation Territory, by a court of competent jurisdiction, the balance of
this Ordinance and the application of the special tax to the remaining parcels within the
District, including the Annexation Territory, shall not be affected.
Ordinance No. 1913
Page 3
SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published immediately after its passage at least once in a newspaper of
general circulation for the City.
SECTION 9. This Ordinance shall take effect 30 days from the date of final
passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 1ST DAY OF FEBRUARY, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1913 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on January 18, 2017, and
adopted at a regular meeting held on February 1, 2017, by the following vote:
AYES: Councilmember Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
The Desert Sun
750 N Gene Autry Trail Certificate of Publication
Palm Springs, CA 92262 RECEIVED
760-778-4578/Fax 760-778-4731 CITY OF PALM SPRING
State of California ss: till FEB 16 AM 9: 12
County of Riverside
OFFICE OF THE CITY CLERK
Advertiser: CITY OF PALM SPRINGSlLEGALS
PO BOX 2743
PALM SPRINGS CA 92263
Order# 0001920283
1 am over the age of 18 years old, a citizen of
the United States and not a party to, or have
interest in this matter.I hereby certify that the
attached advertisement appeared in said
newspaper(set in type not smaller than non
pariel)in each and entire issue of said
newspaper and not in any supplement thereof
on the following dates, to wit:
Newspaper:The Desert Sun
2/11/2017 N a +d 0 ,NCLIIDING
E i N N "1,su4iA
NE7(A R A D FL60
D .�J d 1
E ER t
raze I
acknowledge that I am a principal clerk of thea(rpn Nos
bisvl cud r xa05 f �
printer ofThe Desert Sun, printed and
published weekly in the City of Palm Springs, a 4y
t
County of Riverside, State of California.The c
Desert Sun was adjudicated a Newspaper of t jrtmr'
general circulation on March 24, 1988 by the d o
Superior Court of the County of Riverside,
State of California Case No. 191236. ,.e.
declare under penalty of perjury that the
foregoing is true and correct. Executed on
this 11th day of FEBRUARY, 2017 in Palm
Springs, Cali ra.
Declaran
CITY OF PALM SPRINGS
PUBLIC NOTIFICATION
Date: February 14, 2017
Subject: Ordinance 1914 —Annexation No. 15 Into CFD 2005-1
AFFIDAVIT OF PUBLICATION
I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice was published in the Desert
Sun on February 11, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
-- ZtI6�� /—�—
Cynthia . Ber rdi, Interim Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Cynthia A. Berardi, Interim Chief Deputy City Clerk, of the City of Palm Springs,
California, do hereby certify that a copy of the attached Notice was posted at City Hall,
3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office
of the City Clerk on or before February 9, 2017.
1 declare under penalty of perjury that the foregoing is true and correct.
Cynthia A. Be a di, Interim Chief Deputy City Clerk
ORDINANCE NO. 1914
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 15, SUNIA,
TRACT MAP NO. 37143, INTO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES).
City Attorney's Summary
This ordinance authorizes the levy of special taxes in a Community
Facilities District, including certain annexation territory identified as
Annexation No. 15, Sunia, Tract Map No. 37143, into Community Facilities
District No. 2005-1 (Public Safety Services).
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, California,
do hereby certify that Ordinance No. 1914 is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
January 18, 2017, and adopted at a regular meeting of the City Council held on
February 1, 2017, by the following vote:
AYES: Councilmember Kors, Councilmember Mills, Councilmember Roberts,
Mayor Pro Tern Foat and Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None 4�v&
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
ORDINANCE NO. 1914
AN ORDINANCE OF THE CITY OF PALM SPRINGS,
CALIFORNIA, AUTHORIZING THE LEVY OF SPECIAL
TAXES IN A COMMUNITY FACILITIES DISTRICT,
INCLUDING CERTAIN ANNEXATION TERRITORY
IDENTIFIED AS ANNEXATION NO. 15, SUNIA, TRACT
MAP NO. 37143 INTO COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (PUBLIC SAFETY SERVICES).
WHEREAS, the City of Palm Springs (the "City") has conducted proceedings
pursuant to the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part
1. Division 2, Title 5 of the Government Code of the State of California (the "Act') and
the City of Palm Springs Community Facilities District Ordinance enacted pursuant to
the powers reserved by the City of Palm Springs under Sections 3, 5, and 7 of Article XI
of the Constitution of the State of California (the "CFD Ordinance") (the Act and the CFD
Ordinance may be referred to collectively as the "Community Facilities District Law"), to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) (the "District') for the purpose of financing police services, fire
protection and suppression services, and life safety services (the "Services') as
provided in the Act; and
WHEREAS, the rate and method of apportionment of special tax for the District is
set forth in Exhibit B to the City Council Resolution entitled "A Resolution of the City
Council of the City of Palm Springs, California, Forming and Establishing a Community
Facilities District," (the 'Resolution of Formation"), which was adopted on October 19,
2005; and
WHEREAS the City has conducted proceedings to annex territory into the District
and, with respect to the proceedings, following an election of the qualified electors in the
territory proposed for annexation (the "Annexation Territory"), the City Council, on
January 18, 2017, adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Declaring the Results of a Special Annexation
Landowner Election, Determining Validity of Prior Proceedings, and Directing the
Recording of an Amendment to Notice of Special Tax Lien for Annexation No. 15,
Sunia, Tract Map No. 37143, into Community Facilities District No. 2005-1 (Public
Safety Services)."
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
Ordinance No. 1914
Page 2
SECTION 2. By the passage of this Ordinance, the City Council hereby
authorizes and levies the special tax within the District, including the Annexation
Territory, pursuant to the Community Facilities District Law, at the rate and in
accordance with the rate and method of apportionment of special tax set forth in the
Resolution of Formation, which rate and method is by this reference incorporated
herein. The special tax has previously been levied in the original territory of the District
beginning in fiscal year 2006-07 pursuant to Ordinance No. 1677 passed and adopted
by the City Council on November 2, 2005, and the special tax is hereby levied
commencing in Fiscal Year 2017-18 in the District, including the Annexation Territory
identified as Annexation No. 15, Sunia, Tract Map No. 37143, and in each fiscal year
thereafter to pay for the Services for the District and all costs of administering the
District.
SECTION 3. The City's Finance Director or designee or employee or consultant
of the City is hereby authorized and directed each fiscal year to determine the specific
special tax to be levied for the next ensuing fiscal year for each parcel of real property
within the District, including the Annexation Territory, in the manner and as provided in
the Resolution of Formation.
SECTION 4. Exemptions from the levy of the special tax shall be as provided in
the Resolution of Formation and the applicable provisions of the Community Facilities
District Law. In no event shall the special tax be levied on any parcel within the District
in excess of the maximum special tax specified in the Resolution of Formation.
SECTION 5. All of the collections of the special tax shall be used as provided in
the Community Facilities District Law and in the Resolution of Formation, including, but
not limited to, the payment of the costs of the Services, the payment of the costs of the
City in administering the District, and the costs of collecting and administering the
special tax.
SECTION 6. The special tax shall be collected in the same manner as ordinary
ad valorem taxes are collected and shall have the same lien priority, and be subject to
the same penalties and the same procedure and sale in cases of delinquency as
provided for ad valorem taxes; provided, however, that the City Council may provide for
other appropriate methods of collection by resolution(s) of the City Council. The
Finance Director of the City is hereby authorized and directed to provide all necessary
information to the auditor/tax collector of the County of Riverside in order to effect
proper billing and collection of the special tax, so that the special tax shall be included
on the secured property tax roll of the County of Riverside for Fiscal Year 2017-18 and
for each fiscal year thereafter until no longer required to pay for the Services or until
otherwise terminated by the City.
Ordinance No. 1914
Page 3
SECTION 7. If for any reason any portion of this Ordinance is found to be invalid,
or if the special tax is found inapplicable to any particular parcel within the District,
including the Annexation Territory, by a court of competent jurisdiction, the balance of
this Ordinance and the application of the special tax to the remaining parcels within the
District, including the Annexation Territory, shall not be affected.
SECTION 8. The Mayor shall sign this Ordinance and the City Clerk shall cause
the same to be published immediately after its passage at least once in a newspaper of
general circulation for the City.
SECTION 9. This Ordinance shall take effect 30 days from the date of final
passage.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 1ST DAY OF FEBRUARY, 2017.
ROBERT MOON, MAYOR
ATTEST:
KATHLEEN D. HART, MMC
INTERIM CITY CLERK
Ordinance No. 1914
Page 4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, do hereby
certify that Ordinance No. 1914 is a full, true, and correct copy, and was introduced at a
regular meeting of the Palm Springs City Council held on January 18, 2017, and
adopted at a regular meeting held on February 1, 2017, by the following vote:
AYES: Councilmember Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
KATHLEEN D. HART, MMC
INTERIM CITY CLERK