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HomeMy WebLinkAboutCC RES 92-023RESOLUTION N0. 92-23 A RESOLUT I ON DETERM I N i NG THE NECESS I TY TO INCUR BONOED iNDEBTEDNESS MITHIN THE CITY OF PALM DESERT COMMUNITY FACILITIES OISTRICT IiO. 91-1 (INDIAN RIDGE PUBLIC IMPROYEMENTS) AN� SUBMITTIN� THE PROPOSITION TO THE QUALIFIEO ELECTORS OF TNE OISTRICT RECITALS l. On Oecember 12, 1991, this City Councll adopted a resolution entltled "A Resolution of Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Pursuant to the Mello-Roos Act of 1982" (the "Resolution of Intentton") stating its intention to form the City of Palm Desert Community Faciltttes Distrlct No. 91-1 (lndian Ridge Public Improvements) (the "District"), pursuant to the Mello-Roos Community Fac111ties Act of 1982, as amended (the "Act"); and 2. On December 12, 1991, this City Council also adopted a resolution entitled "A Resolution of Intentlon to Incur Bonded Indebtedness of the Proposed City of Paim Desert Community Facilitles Oistrict No. 91-1 (Indian Ridge Publ(c Improvements), Pursuant to the Mello-Roos Community Faci11t1es Act of 1982" ithe "Resolution of Intentfon to Incur lndebtedness") stating its intention to t�cu� bo�ded indebtedness wlthln the boundaries of the District for the purpose of financing the costs of certein facilities spectfied in the Resolution of Intention; and 3. The Resolution of Intention to Jncur Indebtedness called a pubiic hearing for January 23. 1992, on the formation of the District and the levy of the spectal tax therein, which publlc hearing was continued unt11 this date; and 4. On this date, thls City Council continued the noticed pubiic hearing as required by the Act relative to the determination to proceed Ntth the formation of the District, the provislon of fec 1 1 1 t 1 es by the D i str i ct and the �ate and method of apportionment of the special tax to be levted within the Distrlct to pay the p�tnctpal and interest on the proposed indebtedness and the administrative costs of the Agency relative to the �istrict; end 5. At said hearing all persons desiring to be heard on ali matters pertaining to the formatlon of the Distrtct, the provision of said facilities (the "Faclltttes") and the levy of the speciel tax on property wlthln the Dtstrlct were heard and a full and falr hearing was held; and RESOlUT10N N0. 92-23 0 6. Subsequent to sald hearing, the C1ty Council adopted a resolutfon entitled "A Resolution of Formation of City of Palm Desert Community Facilitles Oistrict No. 91-1 (Indian Ridge Public Improveme�ts), Authorizing The Levy Of A Special Tax Within The District, Preliminarity Estabiishing An Appropriations Limit Fo� The District And Submitting Levy Of The Special Tax And The Establishment Of The Appropriations Limit To The Qualified Electors Of The District" (the "Resolution of Formation"); and 7. On this date, this City Councll held a noticed public hearing as required by the Act relative to the matters materlai to the questlons set forth 1n the Resolution of Intentlon to lncur Indebtedness; and S. No written protests with respect to the matters materiat ta t he quest f ons set forth i n the Resol ut i on of i ntent i on to lncur Indebtedness have been filed with the City Clerk. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE AS FOLL041S: Section 1. The foregoing recitais are true and correct. Section 2. It is necessary to tncur bonded indebtedness in the maximum aggregate principal amount of �35.000,000 within the boundaries of the District. Section 3. The indebtedness is incurred for the purpose of financing the costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance the Facilities and the costs of the City of Palm Desert in administering the District. Section 4. The whole of the District shall pay fo� the bonded indebtedness through the levy of the special tax. The tax is to be apportioned 1n accordance with the formula set forth in Exhibit "8" to the Resolution of Formation. Section 5. The maxlmum amount of bonded indebtedness to be i ncurred i s =35, 000, 000 and the mex i mum ter�m of the bonds to be issued shell in no event exceed forty (40) yearS. Sectio� 6. The bonds shail bear interest at rate or rates not to exceed the maximum interest rate permltted by applicable law at the ttme of sale of the bonds, payable semiannually or in such other manner as this City Council or 1ts deslgnee shali determine, the actual rete or rates and times of payment of such interest to be determined by this City Councll or 1ts designee at �� RESOLUTION N0. 92-23 the time o� times of sale of said bonds. Section 7. The propositfon of lncurring the bonded indebtedness herein authorized shali be submitted to the qua 1 1 f i ed e i ectors of the D t str t ct and the estab 1 i shment of an appropriations limft for the Distrfct pursuant to Sectlon 55353.5 of the Act. The time, place and conditions of said election shall be as specified by separate resolutton of this City Cou�cil. 1 HEREBY CERTIFY that the foregoing resolutton was duly and regularly adopted by the C1ty Council of the Ctty of Palm Desert, Riverside County, Californla, at a meet(ng thereof, held on the 12th day of March, 1992, by the following vote, to wit: AYES: BENSONt CRITES. SNYDER, WILSON, KEILY NOES: NONE ABSENT: NONE ABSTAIN: NONE --1 A!TTES� : �,�— � r // , . � / � • (/ o , ,: j� � �� � �, � Sheila R. Gilligan,j ' ty Clerk , Richard S. Kelly� Mayor 3 �nSOLUTIO� ��. 92-23 COMMUNITY FACILITIES DISTRICT REPORT COMMUNITY FACILITIES DISTRICT NO. 91-1 (INDIAN RIDGE PUBLIC I4IPROVEMENTS) EXHIBIT "A" DESCRIPTION OF PUBLIC FACILITIES RESOLUTIO� �0. 92-23 EXHIBIT � DESCRIPTIO� OF PUBLIC F:�CILITIES COMMUNITY FaCILITIES DISTRICT YO. 91-1 (INDIAN RIDGE PUBLIC IviPROVEME�ITS) Improvements financed by Communiry Facilides District 91-1 consist generally of street facilities, domesric water facilides, and fees to be used for ocher infrastructure facilides. Street Improvements Street Improvements consist of grading, paving, curbs, gutters, sidewalks, screetlights, and appurtenances and app�u-tenant work in connection therewith for the following sueets: • Country Club Drive, • Avenue 42, • El Dorado Drive, and • Oasis Club Drive. Construcdon of inedians and appurtenances and appurtenant work in connecdon therewith in the following streets: , • Avenue 42, and • El Dora�do Drive. Construction of parkways and appurtenances and appurtenant work in connecdon therewith for che following streeu: • South side of Country Club Drive, • North side of Avenue 42, 91-335freport/Exhibit A A-1 R�SOLUTIJ'�' '1�. 92-23 • East side of E1 Dorado I?rive, and , • West side of Oasis Club Drive. Pamcipadon in che financing of Cook Street improvements. �Vater Improvements Water improvements consist of the construction and installadon of main lines, domescic wate: wells, appurtenances and appurtenant work in connecuon therewith. Fees Financing of fees to be collected by the City of Palm Deserc, Coachella Valley Water Discncc, and the County of Riverside for the following: • Water improvements, • Sewer capacity, • School facilides, • TUMF fees, • Park facilities, • Fire facilides, • S.M.I.P. fees, • Fringc-Tocd Lizard, • Drainage facilides, 91-335hreporc/Exhibic A A-2 R�:SOLTJTI0�1 �JO. 92-23 � • Tr�c signais, and • Art in public places. 0 91-335/report/Exhibit A A-3 ��SOL�?TIO� ��. 9?-23 C0:1�IMUNITY FACILITIES DISTRICT REPORT COMMUNITY FACILITIES DISTRICT NO. 91-1 (INDIAN RIDGE PUBLIC IMPROVE:�IENTS) EXHIBIT "B" BOUNDARY :�IAP � � � I H � r� i � I z � U � � � � Z C U � f" O z L � � w � � � � — W � U � � � � O z a `n w � � � � � � v g � L'7 U � J v� a — m 4 � lJ � L1- il O 0 + � N U J � � � � U o r-- > O � � C � �=— Z O Q O�/ 0 � t^�. � �--' 1�:� � ~ O • z � � � U ,- T :`� � � � � - ' y V -� i i � � tt � � t � ' ;�1-y� ' �� �y i y'�: � 1��: :l 7., ) ,'i�` : ��.�yy r �Gl;f�.'�a,1J � C '� � ^ �� ;ur .�v y = L ' J S �Z-' - ' ii 1 .) C . > y i � � ` 1 J � v � i i�:, ;�� � i� -•-� : �' - , ��4�V�'a1 ��: �' ~•ii;r �i -�ll � a ..� 3 ? �rl j 1;i � j; � 104�U ,1 J Q c c � � u • � t� �r, > K� � ♦ j °u .gq�` r .`'\ ����� .� r��� r , .�� J ay'�`�$p� d�y �k�UQ�2 ;P �Z����u� � �fdzo5�; � 3 oa ''o� �$�$uA9� � rAa"��Zr� C l � �d� F �� �(� f . r a � ��a�3�i ��3 u 1�QZ'' Q����U� W U `�Y �y i��LL�W /GI� J � o�sa��` `�� �' ;: - �. J �.r� 2 d S: �.� y� ,Y y �1 ��- �" +' 'i \ �'� i .J f �.}�, j�,�„'r � i � � - ��".Y a l . � � J J , .ti U �^y��� � ci 7L/ ,u � R':SOL'rTZp�J *T . 9?-23 .�' � � _ :� 3�Ia0 9n7� D'isdo �, , u r 0 •pvbw w � � � u..«.� w � cw •.w �o.e n �l; Z'��G 9 r��w�r .u� - � QO .LO.O h yl a+ i� 1� a � Q J, 0� �) L �V i � � � � � y � 4 5 i :v i. ,ri+ � �O �'� M� RFSOLUTIO� �0. 92-23 C(J�1;�1U:V'ITY FACILITIES DISTRICT REPORT CO:VIMUNITY FACILITIES DISTRICT NO. 91-1 (INDIAN RIDGE PLJBLIC I.1�IPROVEMENTS) EXHIBIT "C" ENGINEER'S COST ESTI�IATE RFSOLUTIOV N0. 92-23 EXHIBIT C E�lGINEER'S ESTI:�I�TE OF COSTS AND EXPE�SES C0�11�IUNITY FACILITIES DISTRICT ti0. 91-1 (INDIAN RIDGE PUBLIC IVIPROVE�IEYTS) Descri�don I. Street Improvements A. Street Construcdon 1. Country Club Drive 2. Avenue 42 3 . El Dorado 1?rive 4. Oasis Club Drive Subtotal Street Conscrucrion B. Ivledian Conswction l. Avenue 42 Z . EI Dorado Drive Subtotal Median Cons�ucdon C. Parkway Construcrion 1. Southside of Country Club Drive 2. Northside of Avenue 42 3. Eastside of El Dorado 4. Westside of Oa,sis Ciub Drive Subtotal Parkway Construction D. Cook Street Improvements II. Water Improvements A. Domestic Welt Consuvction B . Water Sysum Installadon Subtotal Water Tmprovements III. Fees A. Water Fetl (Residential) B . Sewer Capacity (Residential) C. School Fee2 ot � 379,450 $ 241,666 � 383,407 � 171.970 � 1,176,493 $ 209,721 $ 378.364 $ 588,085 � 494,868 � 302,030 $ 321,050 � 156,816 $ 1,274,764 $ 1,000,000 $ 1,800,000 $ 93.240 $ 1,893,240 $ 1,151,760 $ 2,494,000 $ 5,272,679 1 Water fee is net of casts associated with water sysum installation> and domesdc well consumption. ZInclude fces associaced with cesideatial arxi non-residendal uses. r 91-335freporVExhibit C C-1 R�SOL�TIO� N0. 92-23 De scri pdon III. Fees Condnued D. TL'� Fce (Residendal) E . Park Fec F . Fire Fee G. 5.�1.I.P. Fee H . Fringe-Toed Lizard Fee I • Drainage Fee J. Signalizadon Fee K• Art In Public Places Fee L. Water/Sewer/IUI� (Non-Residendal) Subtotal Fees IV. Fomnadon Expenses A. Cost of Issuance B. Capicalized Interest C. Reserve Fund Subtotal Forn�ation Expenses I. S�reet Improvements II. Water Improvements III. Fees IV. Formadon Expenses Total Amount to Bond RECAPITULATTON Cost � 733,700 $ 1,145,500 $ 145,000 � 20,300 � 38�,000 � 3,321,600 � 134,618 � 50,000 � 337.932 � 15,191,089 � 996,800 $ 3,511,529 $ 2.848,000 $ 7,356,329 $ 4,039,342 $ 1,893,240 $ 15,191,089 $ 7.356.329 $ 28,480,000 91-335freport/Exhibit C C-2 RESOLUTION �0. 92-23 0 COM�I�IUNITY FACILITIES DISTRICT REPORT COMMUNTTY FACILITIES DISTRICT NO. 91-1 (P�IDIAN RIDGE PLJBLIC Iti1PROVE4fENTS) EXHIBIT "D" RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX R'.�:�rJLUTI0�1 "_�0. 92-23 EXHIBIT D RATE AND �IETHOD OF APPORTIOti1�IEy'T OF SPECIAL T�XES FOR COMv[UNITY FACILITIES DISTRICT YO. 91-1 (ItiDIAN RIDGE PL,BLIC Il�IPROVE:I�IENTS) OF THE CITY OF PAL�I DESERT A Special Tax, che "Special Tax(es)" (defined below), shall be applicable to each Parcel {detine� below) located in Community Facilities District:V'o. 91-1 (Ind.ian R.idge Public Improvemencs) of the City of Palm Desert (hereinafter "CFD No. 91-1"). The amount of Special Tax co be coLected from each Parcel in any Fiscal Year (defined below) shall be determined by the Ciry Council of the City of Palm Desert (hereinafter the "Council" and the "City"), acting in its capacity as che legislative body of CFD No. 91-1, in accordance with the rate and method of apportionmenc described below. All of the property in CFD ti`o. 91-1 unless exempted by Iaw or Section E below, shall be taxed for the purposes, to che extent, and in the manner provided herein. A . DEFINITIONS "Assessor's Parcel Map" means an official map of the County Assessor of �he Councv of Riverside designaring Parcels by Assessor's Parcel Number. "Alternate Special Tax" for Developed Property means that amount of tax computed by multiplying the Net Taxable Acreage of a Parcel by the Altemate Special Tax Rate. "A{ternate Special Tax Rate" for Developed Property is equal to $13,215 per :vec Taxable Acre. "Assigned Speeial Tax Rate" means the applicable Special Tax per Parcel based on the applicable rate per dwelling unit or Net Taxable Acre as specified in Table 1 below. 91-335/Ex. D D'1 Revised Mat+ch 2, 1992 RESOLUTION r10. 92-23 "�►ttached Residentia! Property" means all Parcels within CFD �o. 91-1 upon which residenrial units that share a common wall may be buil� "Certificate of Occupancy" means the certificate issued by the City of Palm Desert pursuant to che requirements of Section 306 of the Uniform Building Code which cenifies that a structure is in cornpliance with various ordinances of the City regulating building construction or use. "Detached Residential Property" means all Parcels within CFD No. 91-1 upon which detached single family residential units may be built "Developed Property" means all Parcels, except exempt property, for which a Certificate of Occupancy has been issued prior to March 1 of the Fiscal Year preceding che Fiscal Year for which the Special Tax is being levied. "Exempt Property" means any Parcel or other property within CFD No. 91-1 described in Section E which is exempt from the levy of the Special Tax. "Fiscai Year" means thc period starting on July 1 of any year and enaing the following June 30. "Golt Course Property" means all Parcels within CFD No. 91-1 which are designated as Golf Course Lots and the Club Housa Area Lot on Vesting Tentative Map 26123. 91-335/Ez. D D-2 Revised Match 2, 1992 Rr SOLUT I'J'.�I :�IO . 9 2- 2 3 "Gross F1oor �rea" rr;eans che square footage of the internal living space of za�h •.:;.i; located wichin che Parcel, exclusive of garages or other structures as shown on the buiidina peTi111L "�taximum Special Tax" for a Parcel of Developed Property, means the greacer of the Assigned SQecial Tax Rate or the Alternaave Special Tax Rate applicable co such Parcel. ;�iaximum Special Tax for a Parcel of Golf Course Property, or Undeveloped Propertv, means the Assigned Special Tax Rate applicable co such Parcel as set forth below. "Net Taxable Acre" means an acre of Develope� Propercy, Golf Course Propercy, or Undeveloped Property, exclusive of properry exempted by law or the provisions of Seccion E beiow from the Special Tax; the acreage calcularion will be based on che dimensions as shown on or calculated from the recorded final subdivision map, parcel map, or funcrionally equivalent map or insuvment. In the absence of a recorded final subd.ivision map, parcel map, or functionally equivalent map or instrument for a Pazcel the acreage sha:l be the acreage shown on or calculated from the Assessor's Parcel Map. "Parcel" means a lot or parc�l shown on an Assessor's Parcel Map with an assigned Assessor's Parcel number as of the date of the levy of the Special Taxes for each Fiscal Year. "Specia! Taa Requi�ement" means that amount requircd in any Fiscal Yeaz co pay: (1) debt service on all bonds or other indebtedness of CFD No. 91-1, (2) costs incurred by che City and CFD No. 91-1 in the annual levy and collection of the Special Taxes, (3) o�her reasonable costs reiated to the adminisuadon of CFD No. 91-1, {4) any amounts required to replenish any reserve funds established in associadon with the Bonds sold for the benetic 91-335iEx. D D'3 Revised Match Z. 1992 R�SOLUTION ��. 92-23 of CFD tio. 91-1, and (S) the costs of remarketing, credit enhancement and liquidiry faciliry fees (including such fees for instruments that serve as the basis of a reserve fund related to any indebtedness in lieu of cash). "Special Tax(es)" means the Special Tax to be levied in each Fiscal Year on 311 Parcels to fund the Special Tax Requiremen� "Taxable Property" means all Parcels in CFD No. 91-1 which are noc exempt from che levy of Special Taxes pursuant to Iaw or Secrion E below. "Undeveloped Property" means all Parcels in CFD No. 91-1 which aze not classified as Developed Property, Golf Course Property, or Exempt Property. "Vesting Tentative Map 26123" means Vesting Tenta[ive Map 26123 for the Indian Ridge Country Club as approved by the Ciry Council of the City of Palm Desen by Resolution 90-145 on December 13, 1990 as may be be subsequently modified, supplemented, or amended. B. ASSIGiYMENT TO LAND USE CLASS For each Fiscal Year (commeneing with the 1992-1993 Fiscal Year), all Parcels wichin CFD No. 91-1 shall be classified eithcr as Developed Property, Golf Course Properry, Undeveloped Property, or Exempt Property and shall be subject to the levy of a Special Tax in a�ccordance with the rates and method of apportionment as set forth in Secdons C and D below. For purposes of determining the applicable Maximum Special Tax pursuant to Section C 0 bclow, all Parcels of Developed Property shall be assigned to one of the land use classes 91-335/Ex. D � Revised March 2, 1992 RFSOLUTIO� �0. 92-23 specified in Table 1 below. Detached Residential Property shall be assigned Classes :.-� thnough lE based on Gross F1oor Area. Attached Residential Property shall be assiQned co Classes 2A through ?E based on Gross F1oor Area. C. �1AXI�itiv1 SPECIAL TAX RATES 1. Developed Prope�ty The Maximum Special Tax for each Parcel of Developed Property assigned to Classes 1 or 2, shall be the greater of (i) the amount determined by the application of [he Assiened Special Tax Rate specified in Table l, or (ii) if required pursuant to Secrion D below che amount derived by mulaplying the Net Taxable Acreage of the Parcel by the Alternace Special Tax Rate. TABLE 1 ACCiC:NF.I) CPF( TAi, TaX RATES FOR DEVELOPED PROPERTY Ciass Land Use Gross Floor Area Assi ned S ecial Tax Rate* lA Detache� Residendal Over 3,600 �3,850 er Dwelline L'nit 1B Detached Residential 3,100 - 3,599 �3,30Q er DwellinQ L"nit 1C Detached Residenrial 2,600 - 3,099 52,750 er Dwellin� L'nic LD Detached Residential 2,100 - 2,599 $2,450 er DwellinQ L'nic lE Detached Residendal Under 2,099 $1,650 r Dwellin Unit 2A Attached Residendal Over 2,500 �2,100 er Dwellin Unic 2B Attached Residential 2,100 - 2,499 $1,800 r Dwellin L; nit 2C Attached Residential 1,700 - 2,099 $1,500 r Dwellin li nic 2D Attachod Residential 1,300 - 1,699 $1,200 r Dwellin Unic 2E Attached Residendal Under 1,299 $900 Dwellin Unit •� d SQaial Tu Rua have beea calcvlated a»umin� � coul of 489 d.vellin{ uniu o[ Dasc6ed Readential propaty, �ad b14 dweUin� uaiu of Acuched Residmaal Property Altem+u�e Special Tu Raw h�ve bem c:ak:ulated usumin{ 208•98 Na Tuable Acres of Res►denwl Ptvpercy� 342.0 Nu Tuabke Acra ot Golf Course ProQercY, and 83.89 acrsi d F�canpt Prop�rtY• 91-335iEx. D D'S Revised M2tch 2,1992 RESOLUTIO� N0. 92-23 2. Undeveloped Property The Maximum Special Tax for each Parcel of Undeveloped Propeny shall be � 13,120 per ti'et Taxable Acre. 3. Golf Course Property The Maximum Special Tax for each Parcel of Golf Course Property shall be $1,500 per Net Taxable Acre. D. :1�IETHOD OF APPORTIONMENT OF THE SPECIAL TAXES On or prior to August 1 of each Fiscal Year, commencing with Fiscal Year 1992-93, or such other date as may be established by law, the Council shall determine the amount of Special Taxes to be levied and collected in that Fiscal Year in order to satisfy the Special Tax Requirement for said Fiscal Year. The Council shall levy the Special Tax as follows until it has levied the amount neccssary to satisfy the special tax requirement for said Fiscal " Year: Step 1: The Special Taxes shall be levied on all Parcels of Developed Properry in Classes 1 and 2 at 100 percent of the Assigned Special Tax Rate. However, if this amount exceeds the Special Tax Requirement, the levy of Special Taxes on all Parccls of Developed Property in Classes 1 and 2 shall be proportionally decreased until the revenues produced thereby will be equal w the Special Tax Requircmen� �tep 2: If 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 Parcels of Undevcloped Property up to 100 percent of the Maacimum Special Tax Rate to produce aggregate revenues equal to the Special Tax Requirement. 91-335/Ex. D D-6 Revised Mat+ch Z. 1992 RESOLUTION �0. 92-23 �e, � 3: If the revenues which may be produced by levying the Special Tax pursuant to Steps 1 and 2 are less than the Special Tax Requirement, the Special Taxes shall be levied proporrionally on all Parcels of Golf Course Property Property up ta 100 percent of che Maximum Special Tax Rate to produce aggregate revenues equal to the Special Tax Requiremenc SteR 4; If the revenues which may be produced by levying the Special Tax pursuant to Steps 1, 2, and 3 are less than the Special Tax Requirement, the Special Taxes shall be levied proportionally on all Parcels of Developed Propeny up to 100% of the Alcerna�e Special Tax Rate to produce revenues equal to the Special Tax Requirement. E . EXEMPTIONS The Council shall not levy a Special Tax on: • Properties owned by state, ferieral, or ocher local governments, except as ocherwise provided in Section 53317.3 or 53317.5 of the Government Code; • Approximately 3.1 acres of grogerty within CFD No. 91-1 which is designaced on Vcsting Tontative Map 26123 as being well sites; • proptrty within CFD No. 91-1 which is identified on Vesdng Tentadve Map 26123 as being private roads or common areas; • Those Parcels at enary ways and along perimeter azeas used for landscaping which are dedicated to and maintained by che City; and 91-3351Ez. D D"7 Revised Mat�ch 2, 1992 R�SOLUTIO� NQ. 92-?3 • Any Parcel for which the Special Tax has been prepaid under Section G below. Notwithstanding the above, Parcels or portions of Parcels conveyed or irrevocably offered for dedicarion to a public agency after formation of CFD �10. 91-1, and not otherwise exempt pursuant to this Secrion E, shall be subject to the levy of the Special Taxes pursuant 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 provided for herein, the Special Taxes shall be collected in the same manner and at the same time as ad valorem property �axes, provided; however, that the City Council may authorize the collecrion of delinquent Special Taxes by judicial foreclosure proceedings pursuant to Secdon 53356.1 of the Government Code. 0 G. PREPAYMENT AND SATISFACTION OF SPECIAL TAX OBLIG�TION Any property owner in CFD No. 91-1 who desires to prepay the Special Tax or� a particular parcel shall notify the Finance Director of the City in wridng of such intencion, and upon payment by such property owner of a non refundable deposit in an amount determined by the Finance Director of the City (to be applied against the "Prepayment Amount"), the Finance Dinctor of the City shall cause to be detercnined the amount of prepayment, which determinadon shall be made no more chan seventy-five (75) days and no loss than forty-five (45) days prior to the expected date of prepayment (the "Prepayment Date"). The Prepayment Amount shall be computed as follows: 91-335/Ex. D D-8 Revise� Manch 2,1992 � R�S�JLUTI0�1 �d0. 92-23 (a) Computc the prescnt value of the Parcel's remaining payments of the '�iaximum Special Tax at the weighted average yieldl on Bonds issued for CFD No. 91-1. (b) Add the following anwunt to (a) above: • Call premium as required in the fiscal agents agreement or supplemenc thereof. (c) Sub�act the following amount from (b) above: • The applicable pormon of the Parcel's pro rata share of the bond reserve fund of the bonds issued for CFD No. 91-1. (d) Add the following amounts to (c) above to determine the Parcels Prepayment Arr�oun� • Unpaid Special Taxes which may have been enrolled on the Assessor's tax roll; • Interest and penaldes, if applicable, which may be associated with unpaid Special Taxes; and • An administradve fee to cover the costs incurred by CFD No. 91-1 associaced with calculating the amount of prepayment, redeeming bonds, and preparing amended tax bills. Notwithstanding the foregoing, no prcpayment shall be made on any Parcel of propeny in CFD No. 91-1 until such time as no more Bonds will be issued by the City for CFD �'o. 91-1, as dettrmined by the Ciry Council. t Average yield rr�eans that amoimt which whea compating the present worth of aU payments and interest produces an amount equal to the fact value of the bonds. 91-335/Ex. D D'9 Revised Ma�h 2.1992 R�SOLUTION N0. 92-23 � COMMUNITY FACILITIES DISTRICT REPORT COMMUNTTY FACILITIES DISTRICT NO. 91-1 (INDIAN RIDGE PUBLIC IMPROVEMENTS) CERTIFICATES R �SOLLIT IO�I :d0 . 9 2- 2 3 �! :MI� :�•►• :. • The undersigncd is the authorized represencative of the duly appointed and acdng TAX COtiSL�LTA`�T for the procetdings relating to the formadon of Communiry Faciliries District No. 91-1 (Indian Ridge Public Improvcments). That on the 19th day of February, 1992, I did review the signatures as contained in the PETTTI0�1 (INCLUDL'�1G WAIVER) REGARDIIr'G PROCEDURES UNDER TI� ?V�LLO-ROOS CO�L�1L,�'ITY FACII.ITIES ACI' OF 1982 and hereby cerdfy and state as follows: 1. That said Peridon consdtutes a wavier of all applicable times for and noaces of the conduct of che election to orda the levy of the special tax, to establish an appropriations limit for the Disuicc, and to authoriu the issuance of special tax bonds. 2. 'Ihat I caused said Petidon to be examined, and my examination revealed that said Peddon had been signetl by all qualified electors of the District or their duly authorized representatives, and tha� said persons were the authorized persons to sign on behalf of the property owners within che boundaries of the District 3. That said Peririon did contain the signatures representing 100% of all of the qualified eleccon within thc District EXECiJ'I'ED this 2nd day of Mazch, 1992, at Riverside, California. ALBERT A. WEBB ASSOCIATES By: 1��1.�..�.9-- ��'`.6`��� 1v'� Paul Thompson, Special Tax Consultanc CITY OF PALM DESERT STATE OF CALIF012NIA * * * FLECTION OFFICLA� CONC[IRRENCE The undersigned is the duly appointed elections official responsible for conducting a special mailed balloc elecdon in the District as descnbed hereinabove. The undersigned is aware of and consents to a special election being held on a date which is less chan one hundred twenty-five (125) days fallowing the close of thc proust hoaring. Pursuant to the provisions of Government Code Section 53326(a), the undersigned hereby agrees wich and concurs w having the special election conducted at any time following the adoption of the Resoludon establishing the C'.omawniry Facilitics District As Elccdon Off�eial, che ande�signed hereby declazes that the dat� of the elecdon shall be , 1992. EXECUTED this day of , 1992, at Palm Desert, California. ELECTION OFFICIAI. CITY OF PALM DESERT STATE OF CALIFOR1�tIA 91-335/RepordCerdficate '�� c��.�JLUllU_V ��VU. yL—L.S ��"� - �EGISTR ��F �'OTEF � : � .� �� \�`� :..�;C.:���>" ,; ��� - COL'`TY OF RIti�ERSIDE .� s;i,�'r C 0 L'.L' T Y . � _`.�,� �,''t.c:'�^�.. �. _� �.�i�_ ; ��� RIVER SIDE ..- �:'� 1�60 Palmyrita .�ve., Riverside. C.a 92507-1703 r--� (71�) 27�-8700 ` • FAY :';5-8733 • January 23, 1992 MS. SHEILA GILLIGr�N, CZTY CLERK C�TY OF PALM DESERT 73510 FRED WARING DRZVE PALM DESERT CA 92260 Dear Ms. Gilligan: ��.��� ::. :�;�i�.:,�. REGI�TR.�R � RICHARD A. BOTT�L Assistant Repistrar — O�en::�r.s DELFivp E. FRA�CO Assistant RePistrar — .administraci� This letter is to certify that I have examined the boundaries of C�'D No. 91-1 (Indian Ridge) to the City oP Palm Desert, California, and have determined that tr,ere are � voters residing within that area. Z� we can be oP any Eurther assistance to you in the future, please let us know. Respect�ully, FR.ANK K . JOHNSON Registrar of Voters By Ron Ogle Map Draftsman R�SOLUTIO� N0. 92-23 EXHIBIT "B" COMMUNITY FACILITIES DISTRICT REPORT COMMUNITY FACILITIES DISTRICT NO. 91-1 (INDIAN RIDGE) CITY OF PALM DESERT March 2, 1992 Prepared by: 0 Albert A. Webb Associates Consulting Engineers 4505 Allstate Drive, Suite 106 Riverside, California 92501 RrSOLUTIO� N0. 92-23 ..r- C0�11�IL�IITY F�CILITIES DISTRICT REPORT CO:�t�1UtiITY F�CILITIES DISTRICT �10. 91-1 (INDIAY RIDGE PUBLIC IMPROVEVIEYTS) T�BLE OF CONTE;YTS PAGE COMMUNITY FACII.,ITIES DISTRICT "REPORT" ....................................... 1 A. DESCRIPTION OF FACILITIES .................................................. 2 B. BOU�IDARIES OF COtiIl�iU�IITY FACILITIES DISTRICT NO. 91-1..... 3 C. COST ESTIMATE .................................................................... 3 D. RATE AND METHOD OF APPORTION.'vIENT OF SPECIAL TAX......... 3 E. GENERAL TERMS AND CONDITIONS ........................................ 4 l. SUBSTITUTION FACILITIES ................................................. 4 2. BONDS ............................................................................. 4 E�Q-iIBIT "A" DESCRIPTION OF PROPOSED PUBLIC FACILITIES .............................. A-1 EX�iIBIT '�8,� BOUNDARY MAP .......................................................................... B-1 EXHIBI'I' "C" ENGINEER'S COST ESTIMATE ........................................................ G 1 -� EX��BIT "D" R.A'I'E AND METHOD OF APPORTIONMENT OF SPECIAL TAX ............... D-1 91-335/Report i- t ��SOLUTION `d0. �2-23 AGENCY: CTTY QF PALvt DESERT PROJECT: COh�NiUNITY FACILITIES DISTRICT NO. 91-1 (INDIAN RIDGE PLBLIC IMPROVE�?VTS) COMMUNITY FACILITIES DISTRICT "REPORT" ":�IELLO-ROOS C01�1�1�tU�1ITY FACILTTIES ACT OF 1982" WHEREAS, the CITY COUNCIL of the CITY OF PAL� DESERT, RIVERSIDE COLJNTY, CALIFORI�IIA (hcreinafter referred to as the "legislarive body of the Local Agency"), did, pursuant to the provisions of the "IvIello-Roos Community Facilitics Act of 1982", being Chapter 2.5, Part 1, Division 2, Tide 5 of the Government Code of the State of Califomia, and specifically Section 53321.5 thereof, expressly order the filing of a written "Report" with the Iocal Agency for a proposed Community Facilicies District No. 91-1 (Indian Ridge Public Improvements) hereinafter referre� to as "T'f-iE DISTRIC'f"; and, WHEREAS, the Resolution ordering said "Report" did direct that said "Repon" generally contain the following: A. A description of the public capital facilities and/or services, if applicable, proposed for the projcc� B. A general description of the area to be serviced by said facilides; said areas being che boundaries of the Distric� C. A cost estimate, setting forth the costs and expenses for providing the public facilides to serve and benefit the properties and residents within the boundaries of che Discrict; D, 'The raoe and method of apportionment of the special tax in sufficient detail to allow each landowner or resident within the proposed District to estimate the maximum amount of paymen� E. Genaal terms and condidons reladng to the pmceedings. Far particulars, reference is made to the Resolution of Intention, said Rcsolution being No. 91-136. 91-335/reporc/'i t RESOLUTION �0. 92-23 � �'OW, THEREFORE, the undersigned, authorized representative of ALBERT :�. "�BB ASSOCIATES, the appointed responsible officer or agent directed to prepare the Report, pursuant to che provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter ?.5, Part 1, Division 2, Title 5 of the Government Code of the State of Califomia, do hereby submic the following data: A . DESCRIPTION OF FACILITIES A Community Facilities District may provide for the purchase, construcrion, expansion or rehabilitation of any real or other tangible property, or portion thereof, with an esrimated useful tife of five (5) years or longer, which is necessary to meet increased demands placed upon the Local Agency as a result of development occurring within the District 1. A general descripdon of che proposed facilides is as follows: The financing of ccrtain publie infrastructure facilides including street irnprovecnents to Country Club Drive, Avenue 42, E1 Dorado Drive, and Oasis Club Drive. _ Participation in financing a portion of the construction of the Cook Streec improvements. Financing of fees to be used for water faciliaes, sewer capacicy, school facilities, park facilities, fire facilities, Fringe-Toed Lizard habitat, drainage facilities, signals, and art in public places. 2. For further particulars as to the facilides, reference is made to the following: Exhibit A, the Description of Public Facilities. Based upon the above, it is my opinion that said facilities are those that are necessary co meet increased demands placed upon the Local Agency as a result of development occurring within the baundarics of th� District. ALBERT A. WEBB ASSOCIATES By: � ���.�—� �'� Paul Thompson 91-335/reportfi Z F.�'SOL�JTIO?d �70. 9?-23 B. BOUtiDARIES OF C0;1�1:1�1U�1ITY FACILITIES DISTRICT YO. 91-1 1. "Ii�e boundaries of the District are those properties and parcels where improvemen�s are authorized to be provided and in which special taxes may be levied in order to pay for the costs and expenses of said facilities. A general description of the area of che boundaries af the Ilistrict is as follows: Community Facilicies District 91-1 encompasses approximately one (1) secrion of land within Section 11, Township 5 South, Range 6 East, San Bernardino Base and Meridian. The boundary map for Community Faciliries District No. 91-1 is located in E�chibic B. C . COST ESTIMATE 1. The fair and reasonable cost esdmate for the works of improvement for said District is based upon current dollars, is subject to escalation and is generally set fonh as follows: SAID PROJECT FACILITIES, INCLUDING INCIDENTAL EXPENSES, IS ESTTMATED NOT TO EXCEED $28,40U,000. 2. For further pardculars, reference is made to the following: The Enginee�s Estimate of Cost and Expenses contained in Exhibit C ' D. RATE AND METHOD OF APPORTIONMENT UF SPECIAL TAX 1. The Resolution of Intendon gcnerally sets forth the rate and method of apportionmenc of the spxial tax to allow each landowner or resident within the proposed District co estimate the maximum amount that would be required for payment 2. For particulars as to the rate and method of apponionment, see the following: Exhibit D 91-335/repartli 3 R�S�LUTIO� �0. 92-23 3. The special tax shall be collected in the same manner as ad valorecn properry caxes. T`�e special tax and/or taxes may be partially or totally prepaid and the property discharged of the special tax obligation. The terms and condirions of such discharge are concained in Exhibit D. E. GEtiERAL TER:�iS AND COtiDTTI0IYS l. SUBSTITU'I'ION FACILITIES The description of the public capital facilities, as set forth herein, is generai in its nacure. The final nature and locadon of improvements and facilities will be determined upon the preparadon of final plans and specificadons. The final plans may show subsrituces in lieu, or modificadon to the proposed work in order to accomplish the works of improvement, and any such subsritudon shall not be a change or modificadon in the proceedings as long as the faciliries provide a service substandally simitar to chac as set farth in this Report. 2. BONDS In order to finance the public capital facilities as set forth in this Report, it is necessary thac bonds be issued pursuant to the tenns, condidons and authorizarion as set forth in 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, commencing with SecdoR 53311 thereof, and specifically Article S therein. It is my opinion that th� speciat tax rate and method of apportionment is cleazly set fonh in this Report, is in confornury with applicable agreecn�nts and memorandums of understanding, and permits any purchaser of property subject to the special tax a fair mcans of determinarion of his obligadon. ALBERT A. WEBB ASSOCIATES By�C�. �.�.� U��---'� Paul Thompson 91-335freportfi 4