HomeMy WebLinkAbout11/7/2007 - STAFF REPORTS - 2.F. OF F P LM y.A�
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City Council Staff Report
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DATE: November 7, 2007 CONSENT CALENDAR
SUBJECT: SECOND READING AND ADOPTION OF PROPOSED ORDINANCE NO.
1723, AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE CITY
OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
FROM: David H. Ready, City Manager
BY: Office of the City Clerk
SUMMARY:
The City Council will consider adoption of Ordinance No. 1723,
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 1723, "AN ORDINANCE OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE LEVY OF A SPECIAL TAX
WITHIN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO-
2007-1 (PUBLIC SAFETY SERVICES)."
STAFF ANALYSIS:
At its October 17, 2007, 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 be effective 30-days from adoption.
dr. .-�mr�� ��.�� �• �� E°�1 �� -
Jsmes Thompson David H. Ready, Esq:, Ph Lk
City Clerk City Manager ="
Attachment:
Ordinance No. 1723
Item 2 . F .
PROPOSED ORDINANCE NO. 1723
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE
CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO.
2007-1 (PUBLIC SAFETY SERVICES)
WHEREAS, the City Council of the City of Palm Springs, California (the "City
Council'), has initiated proceedings, held a public hearing, conducted an election and
received a favorable vote from the qualified electors authorizing the levy of a special tax
in a community facilities district, all as authorized pursuant to the terms and 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 (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 "Community Facilities District Law"). This
Community Facilities District is designated as Community Facilities District No. 2007-1
(Public Safety Services) (the "CFD").
The City Council of the City of Palm Springs does hereby ordain as follows:
SECTION 1 By the passage of this ordinance, the City Council authorizes the
levy of special taxes within the CFD pursuant to the Rate and Method of Apportionment
of Special Taxes as set forth in Exhibit "A" attached hereto (the "Rate and Method"),
referenced and so incorporated.
SECTION 2 The Finance Director of the City of Palm Springs 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 CFD, in the manner and as provided in the Resolution of Formation.
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 CFD may utilize a direct billing
procedure for any special taxes that cannot be collected on the County 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 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.
2
SECTION 5 This Ordinance shall be effective thirty (30) days after its adoption.
Within fifteen (15) days after its adoption, the City Council shall cause this Ordinance to
be published in a newspaper of general circulation in the CFD boundaries pursuant to
the provisions of Government Code Section 36933.
Introduced by the City Council of the City of Palm Springs at a regular meeting thereof
held on the 17'h day of October, 2007.
Adopted at a regular meeting of the City Council of the City of Palm Springs, on the 7th
day of November, 2007, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor, Ronald Oden
City of Palm Springs
Attest:
James Thompson, City Clerk
City of Palm Springs
3
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT
4
RATE AND METHOD OF; APPORTIONMENT
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES)
A Special Tax of Community Facilities District No. 2007-1 (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 2008-09 in an
amount determined by the City through the application of the rate and method of
apportionment of the Special Tax set forth below. All of the real property in the District,
unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to
the extent and in the manner herein provided.
A. DEFINITIONS
The terms hereinafter set forth have the following meanings:
"Act" means the Mello-Roos Community Facilities Act of 1982, being Chapter
2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of
California, as amended, which authorizes the establishment of the District to
finance: a) police protection services, and b) fire protection and suppression
services, and life safety services including but not limited to ambulance and
paramedic services.
"Administrative Expenses" means the actual or estimated costs incurred by
the City as administrator of the District to determine, levy and collect the Special
Taxes, including the proportionate amount of the salaries and benefits of City
employees whose duties are directly related to administration of the District, and
the fees of consultants, legal counsel, the costs of collecting installments of the
Special Taxes upon the general tax rolls, preparation of required reports, and any
other costs required to administer the District as determined by the City.
"Annual Escalation Factor" means the greater of the increase in the annual
percentage change of the All Urban Consumers Consumer Price Index (CPI) or
the percent increase of salaries and benefits for public safety employees as
stated in the Memorandum of Understanding for the fiscal year of the Special
Tax. The annual 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/disr). If the foregoing index is not
available, the District Administrator shall select a reasonably comparable index.
City of Palw Spiing.r
Co wN widD) Facilitie.r Di.rhsct No. 2007-1
(Pz bhe Safety Services) 5
"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, 2008.
"BIA" means the Bureau of Indian Affairs within the Department of the Interior
and any tribe acting on behalf of the BIA.
"City" means the City of Palm Springs.
"Council" means the City Council of the City of Palm Springs, acting as the
legislative body of the District-
"County" means the County of Riverside, California.
"Developed Multi-Family Residence" means an Assessor's Parcel of
Developed Property for which a building permit has been issued for purposes of
constructing a residential structure consisting of more than one residential
Dwelling Unit which share common walls, including, but not limited to, duplexes,
triplexes, town homes, condominiums, and apartment units.
"Developed Property" means all Taxable Property, exclusive of Property Owner
Association Property, Non-Residential Property, or Public Property, for which a
building permit was issued prior to May 1st preceding the Fiscal Year in which
the Special Tax is being levied.
"Developed Single-Family Residence" means an Assessors' Parcel of
Developed Property for which a building permit(s) has been issued for purposes
of constructing one single-family residential Dwelling Unit.
"District Administrator" means an official of the City, or designee thereof,
responsible for determining the Special Tax Requirement and providing for the
levy and collection of the Special Taxes.
"District" means Community Facilities District No. 2007-1 (Public Safety
Services) of the City of Palm Springs.
"Dwelling Unit" means any separate residential unit in which a person or
persons may live, which includes provisions for sleeping, cooking and sanitation,
and is not considered to be for commercial or industrial use.
"Fiscal Year" means the period starting July 1 and ending on the following June
30,
A-2 ---- Dry of Palm Springs
Comnxvn,ty Facilifies Dulria No- 7007-1
( i,iblic Safely Services) 6
"Government Land" means an area of land, or interest therein, in which the
Surface Estate is owned by the United States of America and administered by
the BIA.
"Indian Land" means an area of land in which Interest in the Surface Estate is
owned by a tribe or individual Indian, including but not limited to Government
Land or Tribal Land.
"Interest" means an ownership right to the Surface Estate of Indian Land that
may be unlimited or uncertain in duration.
"Land Use Class" means any of the classes listed in Table 1.
"Lease" means a written agreement between the Government or Indian
landowner(s) and the Lessee, whereby the Lessee is granted a right to
possession of Government or Indian Land, for a specified purpose and duration.
"Leasehold Interest" means the Lessee's independent and exclusive right to
possession of, or claim to, the property under the terms and conditions specified
in the Lease or Sublease. For purposes of this definition, Leasehold Interest is
also referred to as possessory interest within the County.
"Lessee" means a person or entity who has acquired a legal right of possession
to Indian Land by a Lease or Permit as defined in Section A, for which said
person or entity holds a possessory interest in the property. For purposes of this
definition, the Lessee may also be referred to as the tenant.
"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 which is classified as either a Single-Family
Residence or a Multi-Family Residence as defined in Section A.
"Non-Residential Property" means an Assessors' Parcel for which a building
permit(s) has been issued for a non-residential use and does not contain any
residential Dwelling Units as defined in Section A.
"Permit" means a written agreement between the Indian Landowner(s) and the
applicant for the permit, also referred to as a permittee, whereby the permittee is
granted a revocable privilege to use Indian Land or Government Land, for a
specified purpose.
"Property Owner Association Property" means any property within the
boundaries of the District that is owned by, or irrevocably dedicated as indicated
in an instrument recorded with the County Recorder to a property owner
association, including any master or sub-association.
A-3 Cay ofPaAll S/b+zngr
Commitniy Facili6ier District No. 2007-1
Public Safely Services) 7
"Proportionately" means in a manner such that the ratio of the actual Special
Tax levied to the Maximum Special Tax is equal for all Assessor's Parcels within
classified as Developed Property.
"Public Property" means any property within the boundaries of the District that
is, at the time of the District formation or at the time of an annexation, expected
to be used for rights-of-way, parks, schools or any other public purpose and is
owned by or irrevocably offered for dedication to the federal government, the
State, the County, the City or any other public agency.
"Public Safety Service Costs" means the estimated and reasonable costs of
providing police services and fire protection and suppression services and life
safety services, including but not limited to (i) the costs of contracting services,
(ii) equipment, vehicles, ambulances and paramedics, fire apparatus, supplies,
(iii) the salaries and benefits of City staff that directly provide police services and
fire protection and suppression services and life safety services, respectively,
and (iv) City overhead costs associated with providing such services within the
District. 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 Developed Property to fund the Special Tax Requirement,
and shall include Special Taxes levied or to be levied under Sections C and D,
below.
"Special Tax Requirement" means that amount required in any Fiscal Year for
the District to: (i) pay for Public Safety Service Costs; (ii) pay reasonable
Administrative Expenses; (iii) pay any amounts required to establish or replenish
any reserve funds; and (iv) pay for reasonably anticipated delinquent Special
Taxes; less any surplus of funds available from the previous Fiscal Year's
Special Tax levy.
"State" means the State of California.
"Sublease" means a written agreement by which the Lessee grants to an
individual or entity a right to possession no greater than that held by the Lessee
under the Lease.
"Surface Estate" means ownership of the surface of a particular area of land by
any person or persons who holds record title to the surface of the land, and
which is identified by the ownership records of the County in which the real
property is situated.
"Tax-Exempt Property" means an Assessor's Parcel not subject to the Special
Tax. Tax-Exempt Property includes! (i) Public Property, (ii) Property Owner
-- All -- --- Ciy ofPalnr Spingr
Cb9nnrurny Faci(ifier Drs/ria No. 2007-1
(Public Safcy Seruices) $
Association Property, (iii) Non-Residential Property, and (iv) property designated
by the City or District Administrator as Tax-Exempt Property-
"Tribal land" means the Surface Estate of land or any interest therein held by
the United States of America in trust for a tribe, band, community, group or
pueblo of Indians, and land that is held by a tribe, band, community, group or
pueblo of Indians, subject to federal restrictions against alienation or
encumbrance, and includes such land reserved for BIA administrative purposes
when it is not immediately needed for such purposes.
E. ASSIGNMENT TO LAND USE CATEGORIES
Each Fiscal Year using the definitions above, all property within the District shall
be classified as either Developed Property or Tax-Exempt Property. Developed
Property shall be further classified as either a Developed Single-Family
Residence or a Developed Multi-Family Residence. Commencing with the Base
Year and for each subsequent Fiscal Year, all Developed 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. 2007-1
(Public Safety Services)
Land Use Description Maximum Special Tax
Class
1 Developed Single-Family $362.24 per Dwelling Unit
Residence
2 Developed Multi-Family $305,32 per Dwelling Unit
Residence
On each July 1 following the Base Year (i.e., July 1, 2008), the Maximum Special
Tax Rates in Table 1 shall be increased in accordance with the Annual
Escalation Factor. Once the Maximum Special Tax per Dwelling Unit is equal to
$500 per Dwelling Unit, no further Annual Escalation Factor shall be applied and
the Maximum Special Tax per Dwelling Unit shall not exceed $500-
A-, --...-.. _.. — City of Palm Spriiigr
Commumi�i.Facilities District No. 2007-1
(Pidblic Safety Services) 9
2. Tax-Exempt Property
No Special Tax shall be levied on Tax-Exempt Property.
3. 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. METHOD OF APPORTIONMENT OF THE SPECIAL TAX
Commencing with Fiscal Year 2008-09, 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 upon each Dwelling Unit of the
Leasehold Interest (also known as the "possessory interest") as follows, until the
amount of the Special Tax levied equals the Special Tax Requirement. The
Special Tax shall be levied each Fiscal Year upon the Leasehold Interest of each
Assessor's Parcel of Developed Property Proportionately between Developed
Single-Family Residential Dwelling Units and Developed Multi-Family Residential
Dwelling Units up to 100% of the applicable Maximum Special Tax.
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, an adjustment shall be made.
F. EXEMPTIONS
1. Assessor Parcels classified as Developed Property
Developed 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)
collectively earning $16,300 or less gross income per year, upon
complying with procedures to establish such exemption, or
b. A Residential Property consisting of three persons collectively
earning $17,900 or less gross income per year, upon complying
with procedures to establish such exemption, or
A-6 City of Palm Spliregs
Comyrrmai_ty Facilities District No. 2007-1
(Public Safety Services) 10
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
The Special Tax as levied pursuant to Section D above shall be collected in the
same manner and at the same time as ordinary ad valorem property taxes;
provided, however, that the District Administrator may directly bill the Special
Tax, may collect Special Taxes at a different time or in a different manner if
necessary to meet the financial obligations of the District or as otherwise
determined appropriate by the District Administrator.
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.
A-7 0,of Palm Spriizgs
Communi6 i Fadli<ies District No- 2007.1
03u6kc Safety Services) 11
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
(a
OFFICE OF THE CITY CLERK
James Thompson, City Clerk
City Council Meeting Date: November 7, 2007
Subject: Adoption of Ordinance No. 1723
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do
hereby certify that a copy of Ordinance No. 1723, adopted by the City Council on
November 7, 2007, was published in the Desert Sun on November 20, 2007.
1 declare under penalty of perjury that the foregoing is true and correct.
\,�,i'�f\:✓V1 Ili _
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify
that a copy of Ordinance No. 1723 was posted at Office of the City Clerk, 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 November 19, 2007.
1 declare under penalty of perjury that the foregoing is true and correct.
—/, '
Dolores Strickstein, Secretary
PROOF OF PUBLICATION This i;No.35pp ORDINANCE NO.1723
(2015.C,C•C•P` AN CITY OF P OF THE CITYSPRINGS,
COUNCIL OF
G J J ) THE ORI OF PALM SPRINGA CALIFORNIA,TAX
AUTHORIZING THE F P OF A RINGSSPECIAL TAX
MWITHINUNIT THE FA CITY OF PALM SPRINGS COM-
(PUBLIC FACILITIES DISTRICT NO. 20074
(PUBLIC SAFETY SERVICES).
WHEREAS, the GIN Counell of mu City of Palm
Springs, California ho "City Counell"), has maiat-
ad proceedings,held a public hoaring,conducted
an eluctlon and received a favorable vote tram
the quallfmd elccmrt authorizing the levy of a
Special lax In a community facilities district,all as
authorizes ppursuant to the terms and provisions
STATE ON CALIFORNIA of the "M,, c-Raps Community Faclllnus Act of
1962",being Chapter 2 5 Part 1. Dlvinen 2,Title
County of Riverside 5 of rile Government Code of the State o1 Cellfor-
nia(the"Act")and the City of Palm Springs Com-
monity Facllltlas District Urdinanco enacted qul'-
Luant to the powers reserved by the Gittyv of Palm
Springgs under Sections 3,5 and 7 of Aiilde XI of-
the Constitution of the State of California (the
-Ordinance") (the Act and the Ordinance may be
referred to collectively a;the Community Facili-
ties District law) Thle Gommunlryry Facilities D,a-
inct is designated ea Gammtm,F.climes District
I am a citizen of the United States and a resident of No, 2007-1 (Public Safety Services) (the "CFD"),
the County aforesaid;I am over the age of eighteen here y oCou it follows try of Palm Springs does
years,and not a party to or interested in the SECTION 1 By the pavisage of this ordhlance, the
above-entitled matter.I am the principal clerk of a el�tyy Council outhorzes rho levy of spacial taxes
wlthln the CFD pursuant to tno Palo and Method
printer of the,DESERT SUN PUBLI$IIING al Apppportionment of Special Taxe,;as rut forth In
COMPANY a newspaper of general circulation,
Exhlhll "A" (Sxhldlt A is on file in of Office of the
Clty clerk) adacnod hereto (the 'Rate and Wth-
printed and published in the city of Palm Springs, ad), refpronced and so Incorporated.
County of Riverside,and which newspaper bus been SECTION 2 The Finance Director of the City of
i
adjudged a newspaper of general circulation by the Palm Springs s hereby authorized and directedeach fl,cal ear to determine the specific epodal
Superior Court of the County of Riverside,State of the rate an amountto be levied for the next an-
sulny fiscal year for each parcel of real property
California under the date of March 24,1988.Case thehReuolufllGo'df Formationor and as provld�d In
Number 191236;that the notice,of which the SECTION 3 The spacial taxes herein authorized,annexed is a printed copy,(set in type Rol smaller to the extent possible, shell be aollocted in the
than non pariel,bag been published in each regular same manner as ad valorem pro�arty luxes and
shall br,subject to the same penalties,procedure,
and entire issue of said newspaper and not in any sale and lien priority In any case of delinquency
as applicable for ad valorem taxes, provided
supplement thereof on the following dates,to wit: however,thL CFD may utilize a direct bllling pro.
cedpre for any speclal taxes:that cannot be ol-
leced on the County tax roll or may, by resolu-
a, lion, 0oet to collect the speel II taxes at a differ-
November 20 ,2007 ant time or in a different manner if necrssary to
-•--------. rn"t Its financial obligations.
SECTION 4 The special taxes shill be^soured by
-•--•- tllu lien imposed pursuant to Section 3114.5 and
-- .-�- •--^-^- 3115.5 of the Streets and Highways Code of the
•� State of California, which Tian shall be a commu-
All in the year 2007 Ing Ilan and shall yecW a each levy of the special
tax The lien of the speclal tax shall continue in
force and effect until the speclal tax obligation Is
I Certify(or declare)under penalty of perjury that the ncccrdanccrwitheS 11ctiion 5l 3da off,then canceled
_
foregoing is true and correct. mant-Code of the Slate of California Pr-until-the --
spaclal.tax ceases to be levied by this Cl Court
_ cil In the manner pprovided in Section 5360.5 of
day said Government Code.
Anted at Palm Springs,California this-^261°,--- SECTION 5 This Ordinance shall be effective thir.
(30) days e11or Its adoption. Within fifteen 15
-- November -T--- '",2007 ays altar Its adoption, the City Ceuncll ;,all
of----^• ) cause this Ordlnanee to be pubflsll in a news-
paper of general circulation in o the f G ernmer-
a puof gen to the provisions of Government
Code Section 36939
Introduced by the City Council of the Clty of Palm
X(I� ----- Spring+at a rappid ar meeting tl1oreof held on The
-e 17th day of Dafaber,2007.
-� APPROVED, PASSED,AND ADOPTED THIS 7Thl
O DAY OF NOVEMBER, Z007
OO- C50 Nam. CERTIFICATION
L►!") = �� STATE OF CALIFORNIA)
'm °-tat /l COUNTY OF RIVERSIDE)
Q \ CITY OF PALM SPRINGS)
IJ.IC Co `— \1\ I, JAMES THOMPSON, CIIyy Clerk of the City of
�CL N } Palm Spring hereby certiry that Cedini No.
La N(._. / 1723 is a lull,true and correct copy,and was In-
Lr.. } tit— /� / traduced•d a regular meeting of the Palm Springs
�o � �U '(1 City Council on the 17th of October. 200( and
((ff adopted at d regular meeting of the CIryry Council
} N+ < held In the 7th day of November, 40 by the
C iollawing vote'
AYES. Councllmember Foai, Ceuncimemb•r
Mills Mayor Pro Tam Pougnet, and Mayor Odt,n,
NOES' Cauncllmumber McCulloch
ABSENT Nano.
ABSTAIN: None.
James Thompson, City Clork
I City of Palm Springs, California
Pu6nshcd: 11/20/07
ORDINANCE NO. 1723
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE
LEVY OF A SPECIAL TAX WITHIN THE CITY OF PALM
SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1
(PUBLIC SAFETY SERVICES).
WHEREAS, the City Council of the City of Palm Springs, California (the "City Council"),
has initiated proceedings, held a public hearing, conducted an election and received a
favorable vote from the qualified electors authorizing the levy of a special tax in a
community facilities district, all as authorized pursuant to the terms and 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 (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 "Community Facilities District Law"). This Community
Facilities District is designated as Community Facilities District No. 2007-1 (Public
Safety Services) (the "CFD"),
The City Council of the City of Palm Springs does hereby ordain as follows:
SECTION 1 By the passage of this ordinance, the City Council authorizes the levy of
special taxes within the CFD pursuant to the Rate and Method of Apportionment of
Special Taxes as set forth in Exhibit "A" (Exhibit A is on file in of Office of the City Clerk)
attached hereto (the "Rate and Method"), referenced and so incorporated.
SECTION 2 The Finance Director of the City of Palm Springs 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 CFD, in
the manner and as provided in the Resolution of Formation.
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 CFD may utilize a direct billing
procedure for any special taxes that cannot be collected on the County 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 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.
SECTION 5 This Ordinance shall be effective thirty (30) days after its adoption. Within
fifteen (15) days after its adoption, the City Council shall cause this Ordinance to be
published in a newspaper of general circulation in the CFD boundaries pursuant to the
provisions of Government Code Section 36933.
Introduced by the City Council of the City of Palm Springs at a regular meeting thereof
held on the 17th day of October, 2007,
APPROVED, PASSED, AND ADOPTED THIS 7TH DAY OF NOVEMBER, 2007.
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. 1723 is a full, true and correct copy, and was introduced at a regular
meeting of the Palm Springs City Council on the 17th of October, 2007 and adopted at a
regular meeting of the City Council held on the 7th day of November, 2007, by the
following vote:
AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Pougnet, and
Mayor Oden.
NOES: Councilmember McCulloch.
ABSENT- None.
ABSTAIN. None.
?aes Thompson, City Clerk
Palm Springs, California