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Home My WebLink About10/19/2005 - STAFF REPORTS (15) i �QALM S.6 iy 41 V y City Council Staff Report gt�FORN`P DATE: October 19, 2005 CONSENT CALENDAR I UBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO. 1672 RELATING TO COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN SAID DISTRICT FROM: David H. Ready, City Manager BY: Office of the City Clerk SUMMARY: The City Council will consider adoption of Ordinance No. 1672. RECOMMENDATION: Waive further reading and adopt Ordinance No. 1672, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN SAID DISTRICT." STAFF ANALYSIS: At its October 5, 2005, meeting the City Council introduced on first reading the proposed ordinance. This report provides for the City Council to waive further reading and adopt the ordinance. The ordinance shall take effect immediately. �" ,'��,tee`a.�.='��_cn�,.._:�°i-.1•�.__--... „�.,� � ��c�r,�/` J, es Thompson 1 David H. Ready �.'1 .ity Clerk City Manager Attachment: Ordinance No. 1672 Item No. 2 . ` . ORDINANCE NO. 1672 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS AUTHORIZING THE LEVY OF SPECIAL TAXES WITHIN SAID DISTRICT THE CITY COUNCIL OF THE CITY OF PALM SPRINGS ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS DOES ORDAIN AS FOLLOWS: Section 1. By the passage of this ordinance, the City Council authorizes the levy of a special tax at the rate and formula within Community Facilities District No. 2005-2 (Escena) of the City of Palm Springs (the "District') set forth in Exhibit 1", attached hereto and incorporated herein by this reference (the 'Rate and Method of Apportionment'). The Rate and Method of Apportionment was approved by the City Council of the City as Exhibit "C" to Resolution No. 21381 (the 'Resolution"), and by the qualified electors within the District. Section 2. The City Council or its designee is hereby further authorized to determine, by ordinance, resolution, or by other action if permitted by then applicable law, on or before August 1 of each year, the specific special tax to be levied on each parcel of land in the District. The special tax to be levied shall not exceed the maximum rates set forth in the Rate and Method of Apportionment, but the special tax may be levied at a lower rate. The City Clerk is authorized and directed to file with the County Auditor on or before the 10th day of August of each tax year a certified copy of such ordinance or resolution accompanied by a list of all parcels subject to the special tax levy with the tax to be levied on each parcel. Section 3. Properties or entities of the state, federal or other local governments shall be exempt from the above-referenced and approved special taxes only to the extent set forth in the Rate and Method of Apportionment and otherwise shall be subject to the tax consistent with the provisions of Section 53317.3 of the Act in effect as of the date of adoption of this Ordinance. Section 4. All of the collections of the special taxes shall be used only as provided for in the Act and the Resolution. The special taxes shall be levied only so long as needed to accomplish the purposes described in the Resolution. Section 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected, or other procedures as may be adopted by the City Council. The City Manager and Director of Finance & Treasurer are each hereby authorized and directed to provide or to cause to be provided all necessary information to the Auditor/Tax Ordinance No. Page 2 Collector of the County of Riverside and to otherwise take all actions necessary in order to effect proper billing and collection of the special taxes, so that the special taxes shall be levied and collected in sufficient amounts and at times necessary to satisfy the financial obligations of the District in each fiscal year until the Bonds are paid in full, the Facilities have been paid for, and provision has been made for payment of all of the administrative costs of the District. The special taxes may be subject to the same penalties and the same procedure, sale and lien priority in cases of delinquency as provided for ad valorem taxes as such procedure may be modified by law or this City Council from time to time. Notwithstanding the foregoing, the City Manager may collect, or cause to be collected, one or more installments of the special taxes by means of direct billing by the District of the property owners within the District, if, in the judgment of the City Manager, or Director of Finance & Treasurer, such means of collection will reduce the administrative burden of the District in administering the District or where it is otherwise appropriate in the circumstances. In such event, the special taxes shall become delinquent if not paid when due as set forth in any such respective billing to the property owners. Whether the special taxes are levied in the manner provided in the first or the second preceding paragraph, the special taxes 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. In addition, the provisions of Section 53356.1 of the Act shall apply to delinquent special tax payments. Section 6. As a cumulative remedy, if any amount levied as a special tax for payment of bond interest or principal, together with any penalties and other charges accruing under this ordinance, are not paid when due, the City Council may, institute foreclosure proceedings by an action brought in the superior court against the delinquent parcel, in the manner and at the time described in the Fiscal Agent Agreement, by and between the District and The Bank of New York Trust Company, N.A., as fiscal agent. Section 7. This Ordinance relating to the levy of the special taxes shall take effect immediately upon its final passage in accordance with the provisions of Section 36937(a) of the Government Code, and the specific authorization for adoption is pursuant to the provisions of Section 53340 of the Government Code. Section 8. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Riverside a notice of special tax lien in the form required by the Act and Division 4.5 of the California Streets and Highways Code, said recording to occur no later than fifteen days following final passage by the City Council of this Ordinance. Section 9. The Mayor shall sign this Ordinance and the City Clerk shall attest to the Mayor's signature and then cause the same to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated in the City. Ordinance No. Page 3 Section 10. The City Clerk shall certify to the passage of this Ordinance and shall cause the same to be published as required by law. ADOPTED this day of 2005. Ron Oden, Mayor ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss.. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Ordinance No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on 2005, by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California