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Home My WebLink AboutORD 13651 1 1 ORDINANCE NO. 1365 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021- 1 (UNIVERSITY PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THE DISTRICT RECITALS: WHEREAS, in accordance with a request set forth in a petition signed by University Park Investor, LLC, the owner of certain of the land proposed for inclusion in a proposed community facilities district, the City Council (the "City Council") of the City of Palm Desert, California (the "City"), has previously adopted its Resolution No. 2021-05, entitled "A Resolution of Intention of the City Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities District No. 2021-1 (University Park) and to Authorize the Levy of a Special Tax within City of Palm Desert Community Facilities District No. 2021-1 (University Park)" (the "Resolution of Intention to Establish District") stating its intention to conduct proceedings to form City of Palm Desert Community Facilities District No. 2021-1 (University Park) (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") to finance certain public facilities necessary to meet the increased demands placed upon the public infrastructure, the City, and the Coachella Valley Water District as a result of the development of the property within the boundaries of the District, including development impact fees therefor, and to pay and defease a pro rata portion of outstanding Series 2006A Special Tax Bonds issued by, and secured by the special taxes of, existing City of Palm Desert Community Facilities District No. 2005-1 (University Park) and refinance the facilities previously financed thereby (collectively, the "Facilities"); and WHEREAS, the City Council has previously adopted its Resolution No. 2021-06, entitled "A Resolution of Intention of the City Council of the City of Palm Desert to Incur Bonded Indebtedness Within Proposed City of Palm Desert Community Facilities District No. 2021-1 (University Park)" (the "Resolution of Intention to Incur Bonded Indebtedness") stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of one or more series of bonds for the District in maximum aggregate principal amount of $50,000,000 to finance the cost of Facilities; and WHEREAS, the Resolution of Intention to Establish District and Resolution of Intention to Incur Bonded Indebtedness set April 22, 2021 as the date of a public hearing on the establishment of the District, the extent of the District, the furnishing of Facilities to meet increased demands on infrastructure as a result of development in the District, the proposed rate and method of apportionment of the special tax within the District (the "Rate and Method"), and the proposed debt issue; and W:1Staff Reports - Shared 21Staff Reports 05-27-202114 - City Clerk - 05-27-2021)13 Res 2021-26 & Ord 1365 - University Park - JCFA and Ord Adoption103A Ordinance Authonzing Levy of Special Tax (Palm Desert CFD 2021-1 Unix Park) 5.27 21.DOCX ORDINANCE NO. 1365 WHEREAS, a notice of the public hearing was published and mailed to all landowners proposed to be included in the District pursuant to the Act; and WHEREAS, prior to the date of the public hearing there was filed with the City Council a report containing a description of the facilities necessary to adequately meet the needs of the District and an estimate of the cost of financing such facilities as required by Section 53321.5 of the Act (the ''Report"); and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the establishment of the District, the extent of the District, the furnishing of Facilities to meet increased demands on infrastructure as a result of development in the District, the proposed Rate and Method, and the proposed debt issue were heard and a full and fair hearing was held; and WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the District, the levy of the special tax, and the incurrence of bonded indebtedness therein; and WHEREAS, subsequent to the public hearing, the City Council adopted a Resolution entitled "A Resolution of Formation of the City Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities District No. 2021-1 (University Park), to Make Findings Under the California Environmental Quality Act With Respect Thereto, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof" (the "Resolution of Formation"); and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Palm Desert to Declare the Necessity to Incur Bonded Indebtedness within City of Palm Desert Community Facilities District No. 2021-1 (University Park)" which determined the necessity to incur bonded indebtedness in the maximum principal amount of $50,000,000; and WHEREAS, on May 13, 2021, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Palm Desert Calling a Special Election within City of Palm Desert Community Facilities District No. 2021-1 (University Park)" (the "Resolution Calling a Special Election") which called a special election of the qualified electors of the District; and WHEREAS, pursuant to the terms of the Resolution Calling a Special Election, an election was held within the District at which the sole qualified elector of the District approved the establishment of an appropriations limit for the District, the incurrence of bonded indebtedness, and the levy of a special tax within the District; and 2 W \Staff Reports - Shared 21Staff Reports 05-27-2021\4 - City Clerk - 05-27-2021\13 Res 2021-26 8 Ord 1365 • University Park - JCFA and Ord Adoption103A Ordinance Authonzing Levy of Special Tax (Palm Desert CFO 2021-1 Univ Park) 5 27 21 DOCX ORDINANCE NO. 1365 1 1 WHEREAS, on May 13, 2021, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Palm Desert Declaring the Results of a Special Election in City of Palm Desert Community Facilities District No. 2021-1 (University Park) and Directing the Recording of a Notice of Special Tax Lien," which certified the results of the on May 13, 2021 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the District were in favor of the proposition to establish an appropriations limit for the District, incur bonded indebtedness and levy the special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Recitals. The above recitals are all true and correct. Section 2. Authorization of Levy of Special Tax. By passage of this Ordinance, the City Council authorizes the levy of a special tax within the District at the maximum rates and in accordance with the Rate and Method set forth in Exhibit "B" to the Resolution of Formation which is on file in the office of the City Clerk and incorporated herein by reference. Section 3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 of each year, or such other date as is established by law or by the County Auditor -Controller of the County of Riverside, the specific special tax to be levied on each parcel of land in the District, except that the special tax rate to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate. Section 4. Exemption of Government Property. Properties or entities of the state, federal, or other local governments shall be exempt from the above -referenced and approved special tax only to the extent set forth in the Rate and Method, and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 and 53317.5 of the Act. Section 5. Use of Collections. All of the collections of the special tax shall be used only as provided for in the Act and in the Resolution of Formation. The special tax shall be levied only so long as needed for its purpose as described in the Resolution of Formation. Section 6. Collection. The special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the special tax may be collected by direct billing by the City of the property owners in the District or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent special tax payments. -3 W:4Staff Reports - Shared 24Staff Reports 05-27-202114 - City Clerk - 05-27-2021113 Res 2021-26 & Ord 1365 - University Park - JCFA and Ord Adoption103A Ordinance Authonzing Levy of Special Tax (Palm Desert CFD 2021-1 Univ Park) 5 27 21.DOCX ORDINANCE NO. 1365 Section 7. Authorization. The specific authorization for adoption of this Ordinance is the provisions of Section 53340 of the Act. Section 8. Severablilitv. 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, by a Court of competent jurisdiction, that balance of this Ordinance, and the application of the special tax to the remaining parcels within the District shall not be affected. Section 9. Certification. The City Clerk shall certify to the passage of this Ordinance and cause it to be published or posted in accordance with law. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this 27th day of May, 2021, by the following vote, to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: /72 M. GLORIA S1NCH Z, ACTING I1 Y CLERK CITY OF PA i/i0L M DESERT, CALIFORNIA DC�-G1- 6- ./ KATHLEEN LY, AY RC( -4 W.1Staff Reports - Shared 2\Staff Reports 05-27-202114 - City Clerk - 05-27-2021113 Res 2021.26 8 Ord 1365 - University Park - JCFA and Ord Adoption103A Ordinance Authorizing Levy of Special Tax (Palm Desert CFD 2021-1 Univ Park) 5 27 21 DOCX