HomeMy WebLinkAboutCC RES 91-136 CITY OF PAL�i DESERT
RESOLUTION NO. 91-136
A RESOLUTION OF INTENTION TO ESTABLISH A
COMMUNITY FACILITIES DISTRICT AND TO
AUTHORIZE THE LEVY OF SPECIAL TAXES PURSUANT
TO THE MELLO-ROOS COMMiJNITY FACILITIES ACT
OF 1982 .
�3 E. � �. T $ Ie � =
1 . Under the Mello-Roos Community Facilities Act of
1982 , as amended (the "Act" ) , Chapter 2 .5 of Part 1 of
Division 2 of Title 5, commencinq at Section 53311, of the
California Government Code, this City Council (the "City
Council" ) of the City of Palm Desert (the "City" ) may act as
the legislative body for proposed community facilities
districts and is empowered with the authority to establish
community facilities districts; and
2 . This City Council received a petition requestinq
that this City Council establish a community facilities
district under the Act; and
3. This City Council, with the aid of City staff,
has reviewed the petition and found it to be in proper form and
now desires to proceed with the establishment of a community
facilities district under the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. This City Council proposes to conduct
proceedings to establish a community facilities district
pursuant to the Act.
Section 2 . This City Council hereby acknowledqes
receipt of a petition of Sunrise Desert Partners, a California
partnership, to form a community facilities district (the
"District" ) in the area of the City of Palm Desert referred to
in the petition.
$ection 3. The name proposed for the District is
"City of Palm Desert Community Facilities District No. 91-1
( Indian Ridge Public Improvements� . "
Section 4 . The proposed boundaries of the District
are as shown on the map of the District on file with the City
Clerk, which boundaries are hereby preliminary approved and to
RESOL�TIOti :��'. 91-136 -��
which map reference is hereby made for further particulars .
The City Clerk is hereby directed to record, or cause to be '
recorded, said map of the boundaries of the District in the
office of the Riverside County Recorder within fifteen days of
the date of adoption of this Resolution.
Section 5 . The type of public facilities proposed
to be financed by the District and pursuant to the Act
( incZuding the completed public facilities to be purchased and
incidental expenses to be incurred) shall consist of those
items listed as facilities (the "Facilities " ) on Exhibit A
hereto, which exhibit is by this reference incorporated herein.
Section 6 . Except to the extent that funds are
otherwise available to the District to pay for the Facilities
and/or the principal and interest as they become due on bonds
of the District issued to finance the Facilities, a special tax
sufficient to pay the costs thereof, secured by recordation of
a continuing lien against all non-exempt real property in the
District, is intended to be levied annually within the
District, and collected in the same manner• as ordinary ad
valorem property taxes or in such other manner as the City
shall specify. The proposed rate and method of apportionment
of the special tax amonq the parcels of real property within
the District, in sufficient detail to allow each landowner
within the proposed District to estimate the maximum amount
such owner will have to pay and the manner in which a
prepayment may be accomplished, are described in Exhibit B
attached hereto, which exhibit is by this reference
incorporated herein.
�ection 7 . It is the intention of this City
Council actinq as the legislative body for the District to
cause bonds of the City to be issued for the District pursuant
to the Act to finance in whole or in part the Facilities . Said
bonds shall be in the aqqregate principal amount not to exceed
$35,000,000 shall bear interest payable semi-annually or in
such other manner as this City Council shall determine, at a
rate not to exceed the maximum rate of interest as may be
authorized by applicable law at the time of sale of such bonds,
and shall mature not to exceed 40 years from the date of the
issuance thereof.
Section 8. The levy of said proposed special tax
shall be subject to the approval of the qualified electors of
the District at a special election. The proposed votinq
procedure shall be by mailed or hand-delivered ballot among the
landowners in said proposed District, with each owner havinq
one vote for each acre or portion of an acre such owner owns in
the District.
2
LA2/BAA:G35
RESOLLTIO� _;., . 91-136 -
Section 9 . Except as may otherwise be provided by
law or by the rate and method of apportionment of the special
taxes set forth in Exhibit B, all lands owned by any public
entity, including the United States, the State of California
and/or the City of Palm Desert, or any departments or political
subdivisions thereof, shall be omitted from the levy of the
special tax to be made to cover the costs and expenses of the
Facilities . In the event that a portion of the property within
the District shall become for any reason exempt, wholly or in
part, from the levy of the special tax described in Exhibit B,
this City Council will, on behalf of the District, increase the
levy to the extent necessary upon the remaininq property within
the District which is not exempt in order to yield the required
debt service payments and other annual expenses of the
District, if any, subject to any maximum special tax that may
be levied.
Section 10 . The City Enqineer for the City of Palm
Desert, as the officer havinq charqe and control of the
Facilities in and for the District, is hereby directed to study
said proposed Facilities and to make, or cause to be made, and
file with the City Clerk a report in writinq, presenting the
following:
(a) A description of the Facilities by type
which will be required to adequately meet the needs of the
District.
(b) An estimate of the fair and reasonable cost
of financinq the Facilities includinq the cost of acquisition
of lands, rights-of-way and easements, any physical facilities
required in conjunction therewith and incidental expenses in
connection with said financinq, includinq the costs of the
proposed bond financing and all other related costs as provided
in Section 53345 . 3 of the Act.
Said report shall be made a part of the record of the
public hearing provided for below.
Section 11. Thursday, January 23, 1992 at
7 : 00 p.m. , in the reqular meeting place of this City Council,
City Hall, City Council Chambers, 73-510 Fred Warinq Drive,
Palm Desert, Califbrnia, shall be, and the same are hereby
appointed and fixed as the time and place when and where this
City Council, as� legislative body for the District, will
conduct a public hearinq on the establishment of the District
and consider and finally determine whether the public interest,
convenience and necessity require the formation of the District
and the levy of said special tax.
3
LA2/BAA:435
RESOLliTIO� --j . 91-136 ---
Section 13 . The City Clerk is hereby directed to
cause notice of said public hearing to be given by publication one
time in a newspaper published in the area of the District. The
publication of said notice shall be completed at least seven days
before the date herein set for said hearing. Said notice shall be
substantially in the form of Exhibit C hereto.
PASSED, APPROVED AND ADOPTED by the City Council for the
City of Palm Desert this 12th day of December 1991, by the
following vote:
AYES: BENSON, CRIT�'S , SNYDER, WILSON, K�LLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
�
RI S. KELLY, MAYO
.
� � �
; ; /. � ,,
��� �
��
SHEILA R. IL IGAN, CLERK
CITY OF PALM DESER , IFORNIA
4
_\_.v J... .� � � ��\ .1�,J � � � .�J J
E%HIBIT A
DESCRIPTION OF FACILITIES TO BE FINANCED
BY THE DISTRICT
City of Palm Desert
Community Facilities District No. 91-1
( Indian Ridge Public Improvements)
Description Amount Total
Offsite
Permits/Bonds/Fees-Specific to Units
Water Fee-Residential Units
Less Credits for Upsized Pipe $3,045,000
Less Credits for pomestic Wells (93,240)
Less Credits for pomestic Wells (1�.800�000)
Sewer Capacity Fee-Residential Units 2.494,000
School Fees-Residentiel Units 5,244.490
TUMF Fees-Residential Units 733.700
Park Fees-Residential Units 1�145,500
Fire Fees-Residential Units 145,000
S.M.I.P. Fees-Residential Units 20.300
Tatal Permits/Bonds/Fees-Specific to Units 10.939.750 $10,939,759
Permits/Bonds/Fees-Not Specific to Units '
Fringe-Toed Lizard Fee 384,000
Drainage Fee 3,321�600
Signalization Feea 134,618
Non-Residential Buildings-(Water/Sewer/TUMF) 337,932
Non-Residential Buildinga-(School Fees) 23.189
Art in Public Places Fee 50.000
Total Permits/Bands/Fees-Not Specific to Units 4.251.339 4,251,339
Streets & Hedians
Street Construction
Country Club Drive 379,450
Avenue 42 ' 241,666
E1 Dorado Drive 38?,407
Oasis Club Drive 171,970
Contribution to Cook Street Improvements 1.000.000
Total Street Construction 2.176.493
A-1
LA2/BAA:436
����`.._ _ T��l '1� . � - 1
Median Construction
Avenue 42 209, 721
E1 Dorado Drive 378.364
Total Median Construction 588.085
Total Streets & Medians 2.764.578 2,764,578
Domestic Well Construction (Four) 1,800,000
Yater System Installation
Upsize Pipe Requirements from 18' to 24" 93,240
Reclaimed �ater System 4. 700. 000
Total Offsites 24,548.907
Entry
Parkway Construction
County Club Drive-South Side 494�868
Avenue 42-North Side 302.030
E1 Dorado Drive-East Side 321.050
Oasis Club Drive-West Side 156.816
Total Parkway Construction 1,274,764 1,274. 764
Total Estimated Costs 25,823,671 �
A-2
LA2/BAA:436
Z...�J`)L� � i J_'1 .�V � � - -J^
November 26, 1491
EXHIBIT B
RATES AND METHOD OF APPORTIONMENT OF SPECIAL TAXES
FOR COMMUNTTY F'ACILITIES DISTRICT NO. 91-1
(INDIAN RIDGE PUBLIC IMPROVEMENTS) OF THE
CTTY OF PALM DESERT
A Special Tax, the "Special Tax(es)" (defined below), shall be applicable to each Parccl (defined
below) located in Community Facilides District No. 91-1 (Indian Ridge Public Improvements) of
the City of Palm Desert(hereinafter "CF'D No. 91-1"). The amount of Spocial Tax to be collected
from each Parcel in any F'iscal Year(defined below) shall be determined by the Ciry Council of che
City of Palm Desert (hereinafter the "Council" and the "City"), acting in its capacity as the
legislative body of CFD No. 91-1, in accordance with the rate and method of apportionment
described below. All of the property in CFD No. 91-1 unless exempted by law or Secdon E
below, shall be taxed for the purposes, to the extent,and in the manner provided herein.
A. DEFINITIONS
"Assessor's Parcel Map" means an official map of the County Assessor of the County
of Riverside designating Parccls by Assesso�s Parcel Number.
"Alternate Special Tax" for Developed Propercy means thac amount of tax compuced
by muldplying the Net Taxable Acreage of a Parcel by�e Altemate Special Tax Rate.
"Alternate Special Tax Rate" for Developcd Property is equal to $13,215 per Net
Taxabk Acre. -
"Assigned Special Tax Rate" means the applicable Special Tax per Parcel based on
the applicable rau pa dwelling unit or Net Taxable Acre as specified in Tablc 1 below.
91-335/Ex. B B-1
..�.._. .i...._ � �J_� .�.J . -
.November 2b, 1991
"Attached Residential Property" means all Parcels within CFD No. 91-1 upon which
residendal units that share a canmon wall may be buil�
"Detached Residential Property" means all parcels within CFD No. 91-1 upon which
detached singlc family residential units may be built
"Developed Property" means all Parcels for which a building permit has been issued
prior to March 1 of the Fiscal Year proceding the Fiscal Year far which the Special Tax is
being levied.
"Exempt Property" means any Parcel or othtr property within CFD No. 91-1 described
in Section E which is exempt fran the levy of the Spocial Tax.
"Fiscal Year" means the period starting on July 1 of any year and ending the following
June 30.
"Golf Course Property" means all Parcels within CFD No. 91-1 which are designated
as Golf Course Lots and the Club House Area Lot on Vesting Tentacive Map 26123.
"Maatimum Special Tax" for a Parcel of Developed Property, means the greater of the
Assigned Spxial T2u� Rau or the Alternative Special Tax Rate applicable to such Parcel.
Maximum Spocial Tau for a Parcel of Golf Course Property, or Undeveloped Property,
means tt►e Assignod Spocial Tax Rate applicable to such Parcel as set forth below.
"Net Taxabie Acre" means an acre of Developed Property, Golf Course Property, or
Undeveloped Proptrty,exclusive of property exempted by law or the provisions of Secdon
91-335/Ex. B B-2
�°SOL'_�'I�V :�0 . 9 i- �3�
Novernber �T
E below fi+om the Special Tax; the acreage calculadon will be based on the dimensions as
shown on or calculated from the recorded final subdivision map, parcel map, or
funcdonally equivalent map or instrument. In the absence of a recorded final subdivision
map, parcel map,or functionally equivalent map or inswment far a Parcel che acreage shall
be the acreage shown on or calculated from the Assesso�s Parcel Map.
"Parcel" means a lot or parcel shown on an Assessor's Parcel Map with an assigned
Assesso�s Parcel number as of the dau of the levy of the Special Taxes for each Fiscal
Year.
"Special Tax Requirement" means that a.mount requind in any Fiscal Year to pay: (1)
debt service on all bonds or other indebtedness of GFD No. 91-1, (2)costs incurred by the
Ciry and CFD No. 91-1 in the annual levy and collection of the Special Taxes, (3) other
reasonable costs related to the adminisuation of CFD No. 91-1, and (4) any amouncs
required to nplenish any reservo funds established in association with the Bonds sold for
the benefit of CFD No.91-1. In calculating the Special Tax Requirement for a Fiscal Year
items (1) through (4) shall be net of bond reserve earnings and other interest earnings
described in the bond resoludon for CFD No. 91-1 reasonably expected to be available,
except those earnings that may be required for rebao�ptuposes.
"Spedal Tax(es)" means the Special Tax to be levied in each Fiscal Year on all Pafiels
to fund the Spocial Tax Roquiremen�
"Ta�cab{e Property" means all Parcels in CFD No. 91-1 which are not cxempt from the
levy of Special Taxes pursuant to law or Secdon E below.
91-335/Ex. B B-3
����J����"�:v :�O . � - �^
Novernber 26, 1991
"Undevdoped Property" means all Parcels in CFD No. 91-1 which are not classified
as Developed Property, Golf Course Property, or Exempt Property.
"Vesting Tentative Map 26123" means Vesting Tentadve Map 26123 for the Indian
Ridge Country Club as approved by the City Council of the Ciry of Palm Desert on
, 19_ as may be be subsequendy modified, supplemented,or amended.
B . ASSIGNMENT TO LAND USE CLASS
For each Fiscal Year (commencing with the 1992-1993 Fiscal Year), all Parcels within
CFD No. 91-1 shall be classified cither as Developed Property, Golf Course Property,
Undeveloped Property, or Exempt Property and shall be subject to the levy of a Special
Tax in accordance with the rates and method of apportionnxnt as set forth in Secrions C
and D below. _
For purposes of determining the applicable Maximum Special Tax pursuant to Secdon C '
below, all Parcels of Developed Property shall be assigned to one of the land use classes
specified in Table 1 below. Detached Residendal Property shall be assigned to Land Use
Class 1. Attached Residential Property shall be assigned to Land Use Class 2.
C. MAXIMUM SPECIAL TAX RATES
1. Developed Property
The Ma�cimum Special Tax for each Parcel of Developed Propeny assigned to Classes 1 or
2, shall be the greater of (i) the amount determined by the application of the Assigned
Special Tax Rau specified in Table 1, or (ii) if required pursuant to Section D below the
amount derived by multiplying the Net Taxable Acreage of the Parcel by the Alcernace
Spocial Tax Rate.
91-335/Ex. B B-4
R`.J'JL_ - �J�i �.0 . � - _�� —.
1Vovernber 26, 1991
TABLE 1
ASSIGNED SPECIAL TAX RATES FOR DEVELOPED PROPERTY
Class Land Use Assi ned S ecial Tax Rate'
1 Detachod Residential $3,04? dwellin unit
2 Attachod Residential $1,549 dwellin unit
��
• Airifned Specaa{ Tu Ratu 6ave bem calculated au�min� a wtai o[SS7 dwdlm� �miu of Deucbed
Residenaal Ptapercy (132.�6 aaes).aod 893 d.vellioi �miu d Auac6ed Readeotial Property. Al�emwve
Spec�al Tu Rata Aave bem nlailated a�a�io�618.4 Nac Tuable Aaa d Undsvdoped Peopercy,276.1
Na Twble Ac�es d Residaxial P�apersy, 342.0 Net Taasbie Aete�of Goif Ca�se Prop�efcy, and 23.0
acrct of Exempt ProQerty.
2. Undeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property shall be $5,997 per
Net Taxable Acre.
3. Golt Course Property
The Maximum Special Tax for each Parcel of Golf Course Property shall be $2,322 per
Net Taxable Acre.
D. METHOD OF APPORTIONMENT OF THE SPECIAI.. TAXES
On or prior to August 1 of each Fiscal Year, cornmencing with Fiscal Year 1992-93, or
such other date as may be established by law, the Council shall determine che amounc of
Special Taues to be levied and collccted in that Fiscal Year in order to sadsfy the Special
Tax Requirement for said Fiscal Year. The Council shall levy the Spocial Tax as follows
until it has levied the amount necessary to satisfy the spocial tax requirement for said Fiscal
Year:
91-335/Ex. B B-S
:c������ � ��`; '��J . 9 �— _.s;
November 26, 1991
Ste� 1: �hc Spccial Taxes shall be levied on all Parcxls of Developed Properry in Classes 1 �
and 2, exclusive of property exempt from Special Tax pursuant to Section E below at 100
.�
percent of the Assigned Spxial Tax Rate. However, if this amount exceeds the Special
Tax Requirement, the levy of Special Taxes on all Parcels of Developed Property in
Classes 1 and 2 shall be proportionally du,•reased until the revenues produced thereby will
be cqual to the Special Tax Requirement
�teF 2: Lf the revenues which may be produced by levying the Special Tax pursuant to
Step 1 are less than the Special Tax Requirement, the Special Taxes shall be levied
proportionally on all Pazcels of Undeveloped Property up to 100 percent of the Assigned
Special Tax Rau to produce aggregate revenues equal w the Special Tax Requirement.
�teF 3: If the revenues which may be produc�d by levying the Special Tax pursuant to
Steps 1 and 2 ut kss than the Special Tax Requirement, the Special Taxes shall be levied
proportionally on all Parcels of Golf Course Property Property up to 100 percent of the
Assigned Special Tax Rate to produce aggregate revenues equal to the Special Tax
Requirement
Step 4: If the revenues which may be produced by levying the Speciai Tax pursuant to
Steps 1, 2, and 3 are less than the Special Tax Requirement, the Special Taxes shall be
levied praportionally on all Parcels of Developed Property up to 1009b of the Alternate
Special Tax Rate to producx revenues cqual w the Special Tax Requiremen�
E. EXEMPTIONS
The Council shall not levy a Special Tax on:
91-335/Ex. B B-6
-�-��'J_._ � 1 J./ ./�J . � i� L J:J
:yovernber 26, 1991
• Properties owned by state, federal, or other lacal governments, except as ocherwise
provided in Section 53317.3 or 53317.5 of the Government Code;
• Approximately 3.1 acres of property within CFD No. 91-1 which is designated in
Vesring Tentadve Map 26123 as being well sites; and
• Those Parcels at entry ways and along perimeter areas used for landscaping which are
dedicated to and maintained by the Ciry.
Not withstanding the above, Parcels or portions of Parcels conveyed or irnevocably offcred
for dedication to a public agency after formation of CFD No. 91-1, and not otherwise
exempt pursuant to this Section E, shall be subject to the levy of the Spxial Taxes pu�uant
to Secdon 53317.3 or Section 53317.5 of the Government Code and classified as
Undeveloped Property.
F. MANNER OF COLLECTION
Except for the prepayment of Special Taxes as providcd for herein,the Special Taxes shall
be collected in the same manner and at the same time as ad valorem property taxes,
provided; however, that the City Council may authaiu the coller,tion of delinquent Spaial
Taxes by judicial fartclosure proceedings pursuant to Sa;tion 53356.1 of the Government
Code.
G . PREPAYMENT AND SATISFACTION OF SPECIAL TAX OBLIGATION
The owner of any Parcel within CFD NO. 91-1 may discharge the Special Tax
obligation applicable to such Parcel in whole at any time issued by CFD No. 91-1 have
becn sold by malcing a one-time payment cal�ulated as follows:
91-335/Ex. B B-7
November 26, 1991
(a) Compute the present value of the Parccl's remaining payments of the Maximum
Special Tax at the weighted average yield on bonds issued fof CFD No. 91-1.
(b) Add the following anwunts to(a) above:
• Call preanium as required in the bond instrument, and
• Interest on (a) at the applicable bond rate for each year from the date of
prepayment,if any,to the earliest available bond call date.
(c) Subtra�ct the following amount frum(b)above:
• The applicable portion of the Parcels pro rata share of the bond reserve fund
of the bonds issued for CFD No. 91-1.
91-335/Ex. B B'g
.�'overnber 26, 1991
(d) Subtract the following amount fr+om(c) above:
• Intenst earnings to be generated at a reinvestment rate as determined by
CFD No. 91-1 from the date of prepayment to the earliest available bond
call date.
(e) Add the following amounts to (d) above to determine the Parcels prepayment
amount
• Unpaid Special Taxes which may have been enrolled on the Assesso�'s tax
rall;
• Interest and penalties, if applicable, which may be associated with unpaid
Spocial Tanes;and
• An administrative fee to cover the costs incurred by CFD No. 91-1
associatod with calculating the amount of prepayment, redeeming bonds,
and prcparing amended tax bi1Ls.
An owner may also pnpay and dischazge a portion of the Special Tax obligation '
applicablc to a Parcel by dedicating right-of-way, the application of which would
otherwise be financed by CFD No. 91-1, so long as such dcdication is consummated
prior to such deadline as may be established by the Ciry Council.
91-335/Ex. B B-9
E%HIBIT C
NOTICE OF PUBLIC HEARING
City of Palm Desert
Communities Facilities District No. 91-1
( Indian Ridge Public Improvements)
Notice is hereby given that on December 12 , 1991 , the
City Council of the City of Palm Desert adopted a Resolution
entitled "A Resolution of Intention To Establish A Community
Facilities District Act And To Authorize The Levy Of Special
Taxes Pursuant To The Mello-Roos Community Facilities Act Of
1982 " . Pursuant to the Mello-Roos Community Facilities Act of
1982 (the "Act" ) , the City Council hereby gives notice as
follows :
A. The text of said Resolution of Intention is as
follows :
$ � � �. � $ �e � �
1. Under the Mello-Roos Community Facilities Act of
1982, as amended (the "Act" ) , Chapter 2 .5 of Part 1 of
Division 2 of Title 5, commencinq at Section 53311, of the
California Government Code, this City Council (the "City
Council" ) of the City of Palm Desert (the "City" ) may act as
the legislative body for proposed community facilities
districts and is empowered with the authority to establish
community facilities districts; and
2 . This City Council has received a petition
requesting that this City Council establish a community
facilities district under the Act; and
3 . This City Council, with the aid of City staff,
has reviewed the petition and found it to be in proper form and
now desires to proceed with the establishment of a community
facilities district under the Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. This City Council proposes to conduct
proceedings to establish community facilities district pursuant
to the Act.
C-1
LA2/BAA:435
. . __
��� .�., - -�-' '��J , ; ' _ :3:,
A<�
7
Section 2 , This Cit ��
receipt of a petition of SunriseyDesertlpartne=Y a��O�ledqea
partnership, to form a community facilities dist
"District" s� a California
) in the area of the Cit rict (tha
in the petition. y �f Palm Desert referrec� to
�ction 3 , The name
"City of Palm Desert Communit PrOP°Sed for the District is
( Indian Ridge Public Improvements�ilities District No. 91-1
�ect�Q�, The proposed boundariea of the Oistrict
are as shown on the map of the District on file rith th• City
Clerk, which boundaries are hereb
which map reference is hereby made for�furtho= pe=ti��a=id to
The City Clerk is hereby directed to record, or cauae to b�
recorded, said map of the boundaries of the District in th�
office of the Riverside County Recorder vithin fiftNn days of
the date of adoption of this Resolution.
Section 5 . The type of public faciliti��
to be financed by the District and pursunnt to th� Actpr����
(includinq the completed public facilities to b� purchai�d end
incidental expensea to be incurred) ahall consist oL thos•
items listed as facilities (the •Facilities� ) on Qxhibit J1
hereto, which exhibit is by this referenc• incorporat�d h�r�in.
Section 6 . Except to the extent that funds ar�
otherwise available to the District to pay tor th� Faciliti�a
and/or the principal and intereat as they becoaw du• on bonda
of the District issued to finance tha Faciliti�s, a sp�ciel taa
sufficient to pay the costa thereof, secur�d by r�cordation of
a continuinq lien aqainst all non-exempt real proporty in th�
District, is intended to be levied annually vithin the
District, and collected in the same manner aa ordinary �d
valorem property taxes or in such other manner as th� City
shall specify. The proposed rate and method of apportionment
of the special tax among the parcels of real property vithin
the District, in sufficient detail to allow each landovner
within the proposed District to estimate the maximum amount
such owner will have to pay and the manner in which a
prepayment may be accomplished, are described in Exhibit 8
attached hereto, which exhibit is by this reference
incorporated herein.
Section 7 . It is the intention of this City
Council actinq as the legislative body for the District to
cause bonds of the City to be issued for the District pursuant
to the Act to finance in whole or in part the Facilities. Said
bonds shall be in the aqgregate principal amount not to exceed
535, 000,000, shall bear interest payable semi-annually or in
C-2
LA2/BAA:43S
_�.:.J-J�. .. . t�.l_v .�'.J . �' L� ���
such other manner as this City Council shall determine, at a
rate not to exceed the maximum rate of interest as may be
authorized by applicable law at the time of sale of such bonds ,
and shall mature not to exceed 40 years from the date of the
issuance thereof.
Section 8 . The levy of said proposed special tax
shall be subject to the approval of the qualified electors of
the District at a special election. The proposed votinq
procedure shall be by mailed or hand-delivered ballot among the
landowners in said proposed District, with each owner having
one vote for each acre or portion of an acre such owner owns in
the District.
Section 9 . Except as may otherwise be provided by
law or by the rate and method of apportionment of the special
taxes set forth in Exhibit 8, all lands owned by any public
entity, including the United States, the State of Califoznia
and/or the City of Palm Desert, or any departments or political
subdivisions thereof, shall be omitted from the levy of the
special tax to be made to cover the costs and expenses of the
Facilities . In the event that a portion of the property within
the District shall become for any reason exempt, wholly or in
part, from the levy of the special tax described in Exhibit B,
this City Council will, on behalf of the District, increase the
levy to the extent necessary upon the remaininq property within
the District which is not exempt in order to yield the required -
debt service payments and other annual expenses of the
District, if any, subject to any maximum special tax that may
be levied.
Section 10 . The City Engineer for the City of Palm
Desert, as the officer having charge and control of the
Facilities in and for the District, is hereby directed to study
said proposed Facilities and to make, or cause to be made, and
file with the City Clerk a report in writing, presentinq the
following:
(a) A description of the Facilities by type
which will be required to adequately meet the needs of the
District.
(b) �,n estimate of the fair and reasonable cost
of financinq the Facilities incZudinq the cost of acquisition
of lands, riqhts-of-way and easements, any physical facilities
required in conjunction therewith and incidental expenses in
connection with said financing, including the costs of the
proposed bond financinq and all other related costs as provided
in Section 53345. 3 of the Act.
C-3
LA2/BAA:435
.�....,. ..... .. _ "1 .iJ . �
Said report shall be made a part of the record of the
public hearinq provided for below.
�ection 11 . Thursday, January 23, 1992 , at 7 :00
p.m. , in the regular meeting place of this City Council, City
Hall, City Council Chambers, 73-510 Fred Waring Drive, Palm
Desert, California, shall be, and the same are hereby appointed
and fixed as the time and place when and where this City
Council, as legislative body for the District, will conduct a
public hearing on the establishment of the District and
consider and finally determine whether the public interest,
convenience and necessity require the formation of the District
and the levy of said special tax.
Section 12 . The City Clerk is hereby directed to
cause notice of said public hearing to be qiven by publication
one time in a newspaper published in the area of the District.
The publication of said notice shall be completed at least
seven days before the date herein set for said hearinq. Said
notice shall be substantially in the form of Exhibit C hereto.
B. The time and place established under said
Resolution for the public hearing required under the Act are
Thursday, January 23, 1992, at the hour of 7 :00 p.m. , in the
reqular meetinq place of the City Council of the City of Palm
Desert, in the City Hall, City Council Chambers, 73-510 Fred
Waring Drive, Palm Desert, California.
C. At said hearinq, the testimony of all interested
persons or taxpayers for or aqainst the establishment of the
district, the extent of the district or the furnishing of the
specified types of facilities will be heard. Any person
interested may file a protest in writinq as provided in Section
53323 of the Act. If the owners of one-half or more of the
area of land in the territory proposed to be included in the
district file written protests against the establishment of the
district and the protests are not withdrawn to reduce the value
of the protests to less than a majority, the City Council shall
take no further action to eatablish the district for a period
of one year from the date of said hearing, and if the majority
protests of the landowners are only aqainst the furnishing of a
type or types of facilities within the district, or aqainst
levying a specified_special tax, those types of facilities or
the specified special tax will be eliminated from the
proceedings to form the district.
C-4
LA2/BAA:635
- - �; _ .. � 1�, �,n � = ' Z.=
- - �...� � �'J.� _1ll • .
D. The proposed votinq procedure shall be by special
mail or hand-delivered ballot to the property owners within the
territory proposed to be included in the district.
Dated: �� . � , 1991
, ,I � - _ ,� �^
-� , �
�- �• ��, ���• ,�
Ci y Cler
City of Palm esert
. C-5
LA2/BAA:i35