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HomeMy WebLinkAboutRes 2023-034RESOLUTION NO. 2023-034 RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2023/2024 WHEREAS, the City Council of the City of Palm Desert (hereinafter referred to as the "Agency"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors relating to the levy of a special tax in a Community Facilities District, as authorized pursuant to the terms and provisions of the "Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California. Community Facilities District No. 2005-1 shall hereinafter be referred to as "District"; and WHEREAS, this City Council, by Ordinance as authorized by Section 53340 of the Government Code of the State of California, has authorized the levy of a special tax to pay for costs and expenses related to said District, and this City Council intends to establish the specific rate of the special tax to be collected for the next fiscal year. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the special tax rates for each tax category to be used to generate special tax revenues, which will be collected to pay for the costs and expenses for the next fiscal year (2023/2024) for the referenced District, will not exceed the rates as set forth in the attached, referenced and incorporated Exhibit “A”. SECTION 3. That the rate as set forth above does not exceed the amount as previously authorized by Ordinance of this Council, and is not in excess of that as previously approved by the qualified electors of the District. SECTION 4. The special tax shall be collected in the same manner as ordinary ad valorem property taxes are collected, and shall be subject to the same penalties, procedures and sale in case of any delinquency for ad valorem ta xes. The Tax Collector is hereby authorized to deduct reasonable administrative costs incurred in collecting any said special tax. SECTION 5. Monies above collected shall be paid into the District funds. SECTION 6. Upon receipt from the County of the final secured tax roll, the special tax consultant shall determine the special tax levy needed to meet the Special Tax Requirement, which shall not exceed the rates shown in Exhibit A hereto. The Auditor of the County is hereby directed to enter in the ne xt County assessment roll on which taxes will become due, opposite each lot or parcel of land effected in a space marked "Public Improvements, Special Tax" or by any other suitable designation, the installment of the Special Tax, and for the exact rate and amount of said tax. DocuSign Envelope ID: 836ADF11-1D11-418F-A2A7-6ABDCC51E14A Resolution No. 2023-034 Page 2 2 SECTION 7. The County Auditor shall then, at the close of the tax collection period, promptly render to this Agency a detailed report showing the amount and/or amounts of such special tax installments, interest, penalties and percentages so collected and from what property collected, and also provide a statement of any percentages retained for the expense of making any such collection. SECTION 8. Special Taxes are to be levied on non -exempt parcels within the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2023/2024 Tax Roll subsequent to the submittal deadline of August 10, 2023, the City Council directs the City of Palm Desert staff or their agents to bill such parcels directly via U.S. mail using the rates as determined in Section 6. ADOPTED ON JULY 13, 2023. ____________________________ KATHLEEN KELLY MAYOR ATTEST: ANTHONY J. MEJIA CITY CLERK I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2023-034 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on July 13, 2023, by the following vote: AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE RECUSED: NONE IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ______________. ANTHONY J. MEJIA CITY CLERK DocuSign Envelope ID: 836ADF11-1D11-418F-A2A7-6ABDCC51E14A 7/14/2023 Exhibit “A” Community Facilities District No. 2005-1 (University Park) Proposed Special Tax Rates Fiscal Year 2023/2024 The following tables summarize the Maximum and the Proposed Special Tax Rates relating to each land use class. Zones A – D LAND USE CLASS SPECIAL TAX RATE MULTIPLIER MAXIMUM SPECIAL TAX RATE PROPOSED SPECIAL TAX RATE (1) Developed Property Zone A Per Acre $21,000 $21,000 Zone B Per Acre $27,000 $27,000 Zone C Per Acre $27,000 $27,000 Zone D Per Acre $23,000 $23,000 Undeveloped & Provisional Undeveloped Property Zone A Per Acre $21,000 $21,000 Zone B Per Acre $27,000 $27,000 Zone C Per Acre $27,000 $27,000 Zone D Per Acre $23,000 $23,000 (1)The Proposed Special Tax Rates to be Levied for Fiscal Year 2023/2024 will not exceed the Maximum Special Tax Rates described above, and the actual special tax shall be determined by the special tax consultant upon receipt from the County of the final secured tax roll. Zone E LAND USE CLASS SPECIAL TAX RATE MULTIPLIER RESIDENTIAL FLOOR AREA MAXIMUM SPECIAL TAX RATE PROPOSED SPECIAL TAX RATE(1) Single Family Property Per square foot of Residential Floor Area > 2,300 $1.44 $1.44 Single Family Property Per square foot of Residential Floor Area 2,300 - 1,725 $1.67 $1.67 Single Family Property Per square foot of Residential Floor Area < 1,725 $1.38 $1.38 Multifamily Property Per square foot of Residential Floor Area N/A $1.50 $1.50 Non Residential Per Acre N/A $28,000 $28,000 Undeveloped Per Acre N/A $28,000 $28,000 (1)The Proposed Special Tax Rates to be Levied for Fiscal Year 2023/2024 will not exceed the Maximum Special Tax Rates described above and the actual special tax shall be determined by the special tax consultant upon receipt from the County of the final secured tax roll. DocuSign Envelope ID: 836ADF11-1D11-418F-A2A7-6ABDCC51E14A