HomeMy WebLinkAboutCC RES 92-022RESOLUTION N0. 92-22
A RESOLUTION OF FORMATION OF CITY OF PALM
DESERT COMMUNITY FACIL[T[ES OISTRICT N0. 91-1
(IMDIAN RiOGE PUBLIC IMPROYEMENTS),
AUTHORI2ING THE LEVY OF A SPECIAL TAX MITHIN
THE OISTRICT, PREIiMINARILY ESTABL[SHING AN
APPROPRIATIONS LIMIT FOR THE DISTRICT ANO
SUBMITT[NG LEVY OF THE SPECIAL TAX AND THE
ESTABLISHMENT OF THE APPROPRtATIONS LIMIT TO
THE QUALIFIED ELECTORS OF THE DiSTRICT
1. On December 12, l991, this City Council adopted a resolutton
entitled "A Resolutlon of Intentlon to Esteblish e Community
Facilities District end to Autho�tze the Levy of Special
Taxes Pursuent to the Melio-Roos Community Facilities Act of
1982" (the "Resolutlon of intention"), steting tts intention
to form the City of Palm Desert Commu�ity Facilities
District No. 91-1 (Indian Ridge public lmprovements) (the
"District"), pursuant to the Mello-Roos Community Facilities
Act of 1982, as amended ithe "Act"); and
Z. The Resoiutlon of Intention, incorporating e map of the
proposed boundertes of the Dist�ict and stating the
fac t 1 t t 1 es to be f i nanced, the cost of prov i di ng such
facilitles, and the rate and method of apportlonment of the
special tax to be levied with respect to the Distrtct, 1s o�
f t I e w i th the C i ty C i erk and the prov i s f ons thereof are
lncorporated herein by this reference as if fuily set forth
herein; and
3. The Resoiutton of intention called e public hearing for
January 23, 1992, on the fo�matlon of the District end the
levy of the special tax theretn, whtch public hearing was
continued on this date; and�
4. On this date, thls Ci�ty Courtcl�l continued the noticed public
hearing a� �equired by the Act end the Resolution of
Intentton relatfve to the proposed formation of the
District� and •
5. At a�ld� hearin9 ell interested persons deslring to be heard
on all a�etters pertetning to the formation end extent of the
Dlstrlct, the feciltttes to be provided therein and the levy
of ssld speciai tax were heerd and a full and fair hea�ing
was held; and
6. At said heering evidence was presented to this City Counctl
on satd n►atters before it. includin� a report by the
responslble officer or agency eppotnted for such purposes
for the C i ty of Pe 1 m Desert (the "Report") as to the
fec111ties to be provided through the District and the costs
thereof, a copy of which is on ftle wlth the City Clerk, and
this City Councll at the conclusion of sald hearing was
RESOLUTION N0. 92-22
Sectton 6. The type of public facilitles proposed to be
financed by the District and pursuant to the Act shell consist of
those items listed as facllities on Exhlbit A attached hereto and
by this reference incorporated herein (the "facilities").
Section 7. Except to the extent that funds are otherwise
available to the District to pey for the Facillties and/or the
principal and lnterest as 1t becomes due on bonds of the District
issued to finence the Facilities, a speciai tax suffictent to pay
the costs thereof, secured by a continuing lien against all non-
exempt real property in the District, is intended to be levted
annually wtthi� the Dlstrict, and collected in the same manner as
ordinary ad valorem property taxes, or in such other manner as
this City Council shall determine. The proposed rate and method
of apportionment of the specia{ tax among the parceis of real
property within the District, in suffictent detall to allow each
landowner within the proposed District to estimete the probabie
maximum amount such owner will have to pay, are described in
Exhibit 8 etteched he�eto and by this reference incorporated
herein.
Section 8.
Facilitles ere
local agencies
District.
It 1s hereby found and determined that the
necessary to meet increased demands Rlaced upon
as the result of development occurring in the
Section 9. The Treasurer of the City of Palm Oesert, 73-510
Fred Waring Dr1ve. Pelm Desert, Celifornia 92260, telephone
number (619) 346-0611, is the officer for the City which wili be
responsible for prepering annually a current roll of speciei tax
levy obligations by aasessor's parcel number and which will be
responstble for estimating future spectal tax levies pursuant to
Sectlon 53340.2 of the Act.
Section !0. Upon recordetton of a notice of speciel tax
lien pursuant to Section 3114.5 of the Callfornia Streets and
H i ghways Code, a cont i nu 1 ng 1 1 en to secu�e each 1 evy of the
speciel tax shall attach to ell nonexempt real property in the
district and this lien shall continue in force end effect until
the spectai tax obltgation is prepaid and permanently sstisfied
and the lten canceled in accordance with law or until collection
of the tex by the Dtstrict ceases.
Section 11. In accordance with Section 533325.7 of the Act,
the annuel approp�fattons 11mit, as defined by subdivlston (h) of
Section 8 of Article XIII B of the California Constitution, of
the District 1s hereby prelimine�ily estabilshed at :5,000,000
and said approp�iatto�s limit shall be submitted to the voters of
the District as hereafter provided. The proposition estabiishing
seid annual approprtations lirnit shall become effective if
3
RESOL?JTION N0. 92-22
E%HIBIT A
DESCRIPTION OF FACILITIES TO BE FINANCED
BY THE DISTRICT
City of Palm Desert
Community Facilities District No. 91-1
(Indian Ridqe Public Improvements)
Descrigtion Amount
Offsite
Permits/BondsiFees-Specific to Units
Water Fee-Residential Units $3,045,000
Less Credits for Upsized Pipe (93,240)
Less Credite for pomeatic welle (1�800,000)
Sewer Capacity Fee-Residential Units
School Feea-Reaidential Units
TUMF Fees-Residential Units
Park Fees-Residential Units
Fire Fees-Residential Unita
S.M.I.P. Fees-Residential Units
Total Permits/Boads/Fees-Specific to Units
Permits/Bonds/Feea-Not Specific to (lnits
Fringe-Toed Lizard Fee
Drainage Fee
Signalization Feea
Non-Resideatial Buildings-tWateriSewer/TUMF)
Non-Residential Buildinga-(School Fees)
Art in Public Placea Fee
2,494,000
5�249�490
733,700
1,145,500
145,000
20.300
0
10.939.750 $10.939,759
384,000
3,321�600
134�618
337,932
23�189
50.000
Total Permits/Bonds/Fees-Not Specific to Units 4.251.339 4,251,339
Streets � Iiediana
Street Construction
Countrp Clu6 Drive
Avenue 42
E1 Dorado Drive
Oaeis Club Drive
Contribution to Cook Street Improvements
Total Street Conatruction
A-1
379�450
241�666
383�407
171,970
1.000.000
2.176.493
LA2/BAA:478
R�SOLUTION•N0. 92-22
COi�t�IL'YITY F�►CILITIES DISTRICT REPORT
COM�IU�IITY F�CILI1"IES DIS'TRICT YO. 91-1
(IYDIAN RIDGE PCBLIC I�iPROVEr1EYTS)
EXHIBIT' "B"
RATE �,'YD �tETHOD OF APPORTION�IE�lT OF SPECIAL T�Y
R�SOLUTION y0. 92-2?
".�ttached Residential Property" �eans all Parcels w-ichin CFD `o. 91-: .:���r. .:-:��
residential unics that share a common wall may be built
"CertiFcate of Occupancy" means the cemficate issued by che City of Palm Desert
pursuant co che requirements of Secdon 306 of che Uniform Buildirig Code which ce:-nfies
that a structure is in compliance with various ordinances of the City reguladng builc'.in�
construcdon or use.
"Detached Residential Property" means all Parcels within CFD i�1o. 91-1 upon which
detached single family resid�ndal units may be built
"Developed Property" means a11 Pareels, except exempt propercy, for wnich a
Cerrificate of Oecupancy has been issued prior co March 1 of the Fiscal Yeaz preceding che
F'iscal Year for which che SQxial Tax is being levied
"Exempt Property" means any Parcel or ocher propercy wichin CFD No. 91-1 described
in Section E which is exempt from che levy of che Special Tax.
"Fiscal Year" tneans the period starting on July 1 oE any year and ending che following
June 30.
n��,ou�e property" m�ans all Parcels within CFD No. 91-1 which are designaced
as (3df C,o�rse Lots and the Club House Area Loc on Vestin� Tentadve Map 26123.
91•33Si
Rev'tsed Ma�h 2, 1992
�ESOLUTIO� ��. 9?-22
of CFD tio. 91-1, and (51 the costs of remarice�ing, credit enhancer:,en; �-:� .:,:�:,:::-.
faciliry fas (including such fees for instrsmencs chat serve as che basis of a rese�� ;�:;:c
;elated w any indebte�ness in lieu of cash).
"Special Tax(es)" means the Special Tax co be levied in each Fiscal Year on ail Parceis
to fund the Special Tax Requiremenc
"Taxable Property" means all Parcels in CFD'.�1o. 91-1 which are noc exemp� trom ;he
levy of Special Taxes pursuant to law or Section E below.
"Undeveloped Property" means all Parcels in CFD No. 91-1 which are not classified
as Developed ProQerry, Golf Course Property, or Exempt Property.
"Vesting Tentative Map 26123" means Vesdng Tentadve ?vtap 26123 for che Indian
Ridge Country Club as approved by the Ciry Council of che City of Palm Dese^ �y
Resolution 90-145 on December 13, 1990 as may be be subsequently modi:ied.
supplemented, or amendod.
B. ASSIGNMENT TO LAND USE CLASS
For esch F'iscal Year (cemmenc�n8 w�th the 1992-1993 Fiscal Year), all Parccls wichin
CFD Na 91-1 shaU be classified either as Developed PropertY� Golf Course Properrv,
U�lo�ed pro�ptrry, or Exempt Properry and shall be subject to che levy of a Special
Tu ��dance with the ratcs and method of appordonment as set forth in Sec�ons C
and D bebw.
For purposes of dtterminin8 the aPPlicable Maximum Special Tax Pursuanc to Seraon C
below, all Parcels of Developed PropertY shall b� asst�►ed to one of the las�d use classes
91-335r'
Revued March 2. t942
RrSOLUTIO� ,Tn. 92-22
2, t,'ndeveloped Property
The Maximum Special Tax for each Parcel of Undeveloped Property shall be � 13, i�0 per
Vet Tauable Acre.
3. Gol! Course Property
The Maximum Special Tax for each Parcel of Golf Course Properry shall be S 1,500 per
Net Taxable Acre.
D. :1�tETHOD OF APPORTIONMENT OF THE SPECIAL TAXES
On or prior to August 1 of each Fiscal Year, commencing with Fiscal Yeaz 1992-93, or
such other date as may be established by law, the Council shall determine che amounc of
Special Taxes to be levied and collected in that Fiscal Year in order co sadsfy che Special
Tax Roquirement for said Fiscal Year. The Council shall levy the Special Tax as follows
unt�l it has levied the amount necessary to satisfy the spxial tax requirement for said Fiscal
Yea�:
��; The Special Taxes shall be levied on all Parals of DeveloQed Propercy in Classes 1
and 2 at 100 percent of the Assignod Special Tax Rate. However, if chis amounc excecds
che Sperial Tax Requirement, the levy of Special Taxes on all Parcels of Developed
pi.operty in C'lssae� 1 and 2 sha11 be proportionally decressed until the revenues produced
therieby w� be equsl o� the Special Tax Requiremen�
�,�,; It t� r�vaaues whieh may be ptvduced by levyin� tt�e Special Tax pursuanc co
Step 1 are leu thaa the Special Tax Requiremeet, the Special Taxes sha�l be levied
propoctionally on aU P�rcels of Undeveloped Propetty np to 100 Percent of che Maximum
Special Tax Rane oo pcoducx a�re�at�e reveaues aqual to the Spocial Tax Requiremenc.
91-333
Revisad Ma�h 2.1992
R�SOLUTION V0. 92-22
• Any Parcel for which che Special Tax has bcen prepaid under Sccrion G below.
�lorwithstanding the above, Parcels or portions of Parcels conveyed or irrevocably offered
for dedicadon to a public agency after formadon of CFD ti'o. 91-1, and noc ocherwise
exempt p�suant to this S�ction E, shall be subject to che levy oE che Special Taxes punuanc
to Secdon 53317.3 or Section 53317.5 of che Governmeat Code and classified as
Undeveloged Properry.
F . �1ANNER OF COLLECTION
Except for the prepayment of Sgecial Taxes as provided fon c�rein, che Special Taxes shall
be collected in che same manner and at the same time as ad valorem propercy taxes,
provided; howtvtr, that the City Council may authoriu the collection of delinquenc Special
Taxes by judicial foreclosure proceedings pursuant to Sectian 53356.1 of che Governmen�
Code.
G. PREPAYMENT AND SATISFACTION OF SPECIAL TAX OBLiGaTIOy
Any propetty owner in CFD No. 91-1 who desires to prepay the Special Tax on a
particular parcel shall nodfy the Finance Direcmr of the City in wridng of such incendon,
and upoa payment by such property owner of a noa refundable deposic in an amounc
deoeraoined by the Fit�ance Director of che City (to be applied against the "Prepaymenc
qmoo■�'�. the F'uw�ce Director of che City shaU cause co be determined che amounc of
prepaymen� whic� determination shall be made no ma'e thaa sevenry-five (75) days and
no less than forry-five (45) days prior to the expected date of prepayment (the "Prepaymcnc
Daae'�. Tl�e Prepayaxnt Arnount shall be computad as follows:
91-335�
Revised Mat�h 2.1992