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HomeMy WebLinkAboutCC RES 2012-39RESOLUTION NO. 2012- 39 RESOLUTION OF THE CITY OF PALM DESERT, CALIFORNIA AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES DISTRICT NO. 91-1 (INDIAN RIDGE) FOR FISCAL YEAR 2012/2013 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. Community Facilities District No. 91-1 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 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. SECTION 3. SECTION 4. 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 (2012/2013) for the referenced District, is hereby determined and established as set forth in the attached, referenced and incorporated Exhibit "A". 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. 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. RESOLUTION NO. 2012 - 39 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 the District. Should it be discovered that any taxable parcels are not submitted to the County Auditor for inclusion into the 2012/2013 Tax Roll subsequent to the submittal deadline of August 10, 2012, 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". SECTION 9. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents which they may deem necessary or advisable in order to effectuate the purposes of this Resolution, the levy of special taxes by the District authorized by Ordinance No. 674, and the documents referenced herein, and any such actions previously taken by such officers, including without limitation the levy by the District of special taxes authorized by Ordinance No. 674 in prior fiscal years, are hereby ratified and confirmed. RESOLUTION NO. 2012- 39 PASSED, APPROVED AND ADOPTED by the City Council of the City of Palm Desert, California this 28th day of June 2012 by the following vote: AYES: BENSON, FINERTY, HARNIR, KROONEN, and SPIEGEL NAYS: NONE ABSENT: NONE ABSTAIN: NONE 'Y./3 ROBERT A. SF)'IEGEL! MAYOR ATTEST: R H LLE . IRASSEN, CITY CLIRK CITY OF PALM DESERT, CALIFORNIA APPROVED AS TO FORM: DAVID J. IN, CITY ATTORNEY BEST, BEST & KRIEGER RESOLUTION NO. 2012 — 39 Exhibit "A" Community Facilities District No. 91-1 (INDIAN RIDGE) Proposed Special Tax Rates Fiscal Year 2012/2013 Land Use Class : The following table summarizes the Maximum Special Tax Rates relating to each land use class. LAND USE CLASS _Developed Property 1A 1B 1C 1D 1E 2A 2B 2C 2D 2E Undeveloped Property Undeveloped Property Golf Course Property LAND USE CLASS DESCRIPTION GROSS FLOOR AREA MAXIMUM SPECIAL TAX RATE Detached Residential Detached Residential Detached Residential Detached Residential Detached Residential Attached Residential Attached Residential Attached Residential Attached Residential Attached Residential Over 3,600 3,100-3,599 2,600-3,099 2,100-2,599 Under 2,099 Over 2,500 2,100-2,499 1,700-2,099 1,300-1,699 Under 1,299 N/A N/A $3,850 per Dwelling Unit $3,300 per Dwelling Unit $2,750 per Dwelling Unit $2,450 per Dwelling Unit $1,650 per Dwelling Unit $2,100 per Dwelling Unit $1,800 per Dwelling Unit $1,500 per Dwelling Unit $1,200 per Dwelling Unit $900 per Dwelling Unit $13,120 per Acre $1,500 per Acre