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HomeMy WebLinkAboutCC RES 08-032RESOLUTION NO. 08-32 RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITES DISTRICT NO. 2005-1 (UNIVERSITY PARK) FOR FISCAL YEAR 2008/2009 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. This Community Facilities District 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 Community Facilities District, and this City Council is desirous 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. SECTION 2. That the above recitals are true and correct. 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 (2008/2009) for the referenced District, is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit RESOLUTION NO. 08-32 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 taxes, and 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. The Auditor of the County is hereby directed to enter in the next 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, reference is made to the attached Exhibit "A". 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. 2 RESOLUTION NO. 08-32 SECTION 8. Special Taxes are to be levied on non-exempt parcels within CFD No. 2005-1. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2008/2009 Tax Roll subsequent to the submittal deadline of August 8, 2008, 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 approved in Exhibit "A". PASSED AND ADOPTED by the City Council of the City of Palm Desert, California this 22nd day of May , 2008 by the following vote: AYES: FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE () ATTEST: RACHELLE D. KLASSEN, CITY CLERK) CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. g 'RWIN, CITY ATTORNEY 3 AKI M. BENSO , MAYOR RESOLUTION NO. 08-32 Exhibit "A" Community Facilities District No. 2005-1 (University Park) Proposed Special Tax Rates Fiscal Year 2008/2009 Zones A - D : The following table summarizes the Maximum and the Proposed Special Tax Rates relating to each land use class. LAND USE CLASS Develooed Property Zone A Zone B Zone C Zone D SPECIAL TAX RATE MULTIPLIER Per Acre Per Acre Per Acre Per Acre MAXIMUM SPECIAL TAX RATE $21,000 $27,000 $27,000 $23,000 PROPOSED SPECIAL TAX RATEt1I $21,000 $27,000 $27,000 $23,000 Undeveloped & Provisional Undeveloped Property Zone A Per Acre 1 $21,000 $21,000 Zone B Per Acre 1 $27,000 $27,000 Zone C Per Acre $27,000 $27,000 Zone D Per Acre $23,0Q0 $23,000 "The Proposed Special Tax Rates to be Levied for Fiscal Year 2008/2009 will not exceed the Maximum Special Tax Rates described above. Zone E: The following table summarizes the Maximum and the Proposed Special Tax Rates relating to each land use class. LAND USE CLASS Single Family Property Single Family Property Single Family Property Multifamily Property Non Residential Property Undeveloped Property SPECIAL TAX RATE MULTIPLIER Per square foot of Residential Floor Area Per square foot of Residential Floor Area Per square foot of Residential Floor Area Per square foot of Residential Floor Area Per Acre Per Acre RESIDENTIAL FLOOR AREA (SQ FT) Greater than 2,300 2,300 to 1,725 Less than 1,725 N/A N/A N/A MAXIMUM PROPOSED SPECIAL SPECIAL TAX RATE TAX RATEt'I $1.44 $1.44 $1.67 $1.67 $1.38 $1.38 $1.50 $1.50 $28,000 ' $28,000 $28,000 $28,000 Proposed Special Tax Rates to be Levied for Fiscal Year 2008/2009 will not exceed the Maximum Special fax Rates described above. 4