HomeMy WebLinkAboutCC RES 09-38RESOLUTION NO. 09-38
RESOLUTION OF THE CITY COUNCIL 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 2009/2010
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. 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 (2009/2010) for the referenced District, is hereby
determined and established as set forth in the attached, referenced and incorporated
Exhibit "A".
RESOLUTION NO. 09-38
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.
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 2009/2010 Tax Roll subsequent to the submittal
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RESOLUTION NO. 09-38
deadline of August 10, 2009, 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, APPROVED AND ADOPTED by the City Council of the City of Palm
Desert, California this 11th day of June, 2009 by the following vote to wit:
AYES: BENSON, FERGUSON, FINERTY, KELLY, and SPIEGEL
NAYS: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RALLE D. KLASEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROVED) S TO FORM:
DAVIT :Y E1N, CITY ATTORNEY
BEST, BEST & KRIEGER
ROBERT A. SPIEGEL, MAft R'
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RESOLUTION NO. 09-38
Exhibit "A"
Community Facilities District No. 2005-1
(University Park)
Proposed Special Tax Rates
Fiscal Year 2009/2010
Zones A — D : The following table summarizes the Maximum and the Proposed Special Tax Rates
relating to each land use class.
r
LAND USE CLASS
Developed Property
Zone A
Zone B
Zone C
Zone D
SPECIAL TAX
RATE MULTIPLIER
Per Acre
Per Acre
Per Acre
Per Acre
Undeveloped & Provisional Undeveloped Property
MAXIMUM SPECIAL
TAX RATE
$21,000
$27,000
$27,000
$23,000
PROPOSED SPECIAL
TAX RATE(1)
$21,000
$27,000
$27,000
$23,000
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
(')The Proposed Special Tax Rates to be Levied for Fiscal Year 2009/2010 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 RATE(1)
$1.44 $1.44
$1.67 $1.67
$1.38 $1.38
$1.50 $1.50
$28,000 $28,000
$28,000 $28,000
l')The Proposed Special Tax Rates to be Levied for Fiscal Year 2009/2010 will not exceed the Maximum Special Tax Rates
described above.
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