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HomeMy WebLinkAboutORD 1107ORDINANCE NO. 1107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ACTING IN ITS CAPACITY AS THE LEGISLATIVE BODY OF CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2005-1 (UNIVERSITY PARK) AUTHORIZING THE LEVY OF A SPECIAL TAX WITHIN THAT DISTRICT RECITALS: WHEREAS, in accordance with a request set forth in a petition signed by the owners of certain land proposed for inclusion in a proposed community facilities district (the "Petitioning Landowners"), the City Council of the City of Palm Desert (the "City Council'), has previously adopted a resolution entitled "A Resolution of Intention of the City Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities District No. 2005-1 (University Park) and to Authorize the Levy of A Special Tax within City of Palm Desert Community Facilities District No. 2005-1 (University Park)" (the "Resolution of Intention to Establish District") stating its intention to conduct proceedings to form City of Palm Desert Community Facilities District No. 2005-1 (University Park) (the "District") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act") to finance certain public facilities (the "Original Facilities") to serve the area of land hereinafter described; and WHEREAS, the City Council has previously adopted a resolution entitled "A Resolution of Intention of the City Council of the City of Palm Desert to Incur Bonded Indebtedness within Proposed City of Palm Desert Community Facilities District No. 2005-1 (University Park)" (the "Resolution of Intention to Incur Bonded Indebtedness") stating the City Council's intention, acting as the legislative body of the District, to authorize the issuance and sale of one or more series of bonds in the maximum aggregate principal amount of $70,000,000; and WHEREAS, the Resolution of Intention to Establish District and the Resolution of Intention to Incur Bonded Indebtedness set December 8, 2005 (the "Original Hearing Date"), as the date of a public hearing on the establishment of the District, the extent of the District, the furnishing of Original Facilities to serve the District, the proposed rate and method of apportionment of the special tax within the District (the "Rate and Method"), and the proposed debt issue; and WHEREAS, a notice of the public hearing was published and mailed to all landowners proposed to be included in the District in accordance with the Act; and WHEREAS, prior to the Original Hearing Date, the Petitioning Landowners made the determination to exclude the development impact fees of the Palm Springs Unified School District and the school improvements to be constructed thereby (the "School Facilities") from the list of public facilities to be financed by the District, in the interest of applying a greater portion P6401.1032\863321.2 of the District's financing to the facilities to be owned by the City and the Coachella Valley Water District (the "CVWD"); and WHEREAS, prior to the Original Hearing Date, there was filed with the City Council a report containing a description of the facilities necessary to adequately meet the needs of the District and an estimate of the cost of financing such facilities as required by Section 53321.5 of the Act (the "Report"), which Report amends the list of Original Facilities to delete the School Facilities from the list of public facilities to be financed by the District; and WHEREAS, Section 53316.2 of the Act permits the District to finance facilities to be owned or operated by a public agency other than the City, but only pursuant to a joint community facilities agreement ("JCFA") adopted by resolution of each of the public agencies that are party thereto and prior to the City Council's adoption of a resolution of formation to establish the District; and WHEREAS, prior to the Original Hearing Date, representatives of the Petitioning Landowners met with representatives of the CVWD to discuss the approval of a JCFA pursuant to Section 53316.2 of the Act, regarding certain of the Original Facilities which, if approved by the qualified electors within the District, would be owned and operated by the CVWD; and WHEREAS, the CVWD indicated that it would need more time beyond the Original Hearing Date to consider the terms and conditions of the proposed JCFA and for the Board of Directors of the CVWD to approve the JCFA by resolution; and WHEREAS, the aforementioned public hearing was duly continued from December 8, 2005 in the City Council Chamber to 4 p.m. on January 12, 2006 in the City Council Chamber upon a finding by the City Council that, pursuant to Section 53325 of the Act, it is appropriate and necessary to continue such hearing, in order to ensure adequate time to address the complexities of the District relating to the JCFA and to ensure adequate opportunity for public comment and participation, including without limitation the comment and participation of the CVWD, with respect to the proposed Original Facilities and JCFA; and WHEREAS, prior to the reconvening of the public hearing on January 12, 2006, it was determined that certain park improvements and park land site acquisition identified in Sections VIII.E. and VIII.F. of Exhibit "A" of the Resolution of Intention to Establish District (the "Parks E and F Improvements"), also described as "Park E" and "Park F," respectively, will not be owned by the City or any other governmental entity and may not be financed by the District by the issuance of its tax-exempt bonds; and WHEREAS, Section 53325 of the Act permits the City Council to modify the Resolution of Intention to Establish District by eliminating proposed facilities, if the City Council makes such modifications at the aforementioned public hearing; and WHEREAS, at the public hearing, the City Council adopted a resolution entitled, "A Resolution of the City Council of the City of Palm Desert Modifying the Resolution of Intention to Eliminate Certain Facilities From Financing by Proposed City of Palm Desert Community P6401.1032\863321.2 2 Facilities District No. 2005-1 (University Park)," which is on file in the office of the City Clerk of the City and modifies and amends the Resolution of Intention to Establish District by amending the list of Original Facilities therein to eliminate the School Facilities and the Parks E and F Improvements (as amended, the "Facilities"); and WHEREAS, at the public hearing, all persons desiring to be heard on all matters pertaining to the establishment of the District, to the extent of the District, to the furnishing of Facilities to serve the District, to the proposed Rate and Method, and to the proposed debt issues were heard and a full and fair hearing was held; and WHEREAS, at the public hearing evidence was presented to the City Council on the matters before it and the City Council at the conclusion of the hearing is fully advised as to all matters relating to the formation of the District, the levy of the special tax, and the incurrence of bonded indebtedness therein; and WHEREAS, subsequent to the public hearing, the City Council adopted a Resolution entitled "A Resolution of Formation of the City Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities District No. 2005-1 (University Park), to Make Environmental Findings With Respect Thereto, to Adopt a Mitigated Negative Declaration in Connection Therewith, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof" (the "Resolution of Formation"); and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Palm Desert to Declare the Necessity to Incur Bonded Indebtedness within City of Palm Desert Community Facilities District No. 2005-1 (University Park)" which determined the necessity to incur bonded indebtedness in the maximum principal amount of $70,000,000; and WHEREAS, subsequent to the public hearing, the City Council also adopted a resolution entitled "A Resolution of the City Council of the City of Palm Desert Calling a Special Election within City of Palm Desert Community Facilities District No. 2005-1 (University Park)" (the "Resolution Calling a Special Election") which called a special election of the qualified electors of the District; and WHEREAS, pursuant to the terms of the Resolution Calling a Special Election; an election was held within the District at which the qualified electors of the District approved the establishment of an appropriations limit for the District, the incurrence of bonded indebtedness, and the levy of a special tax within the District; and WHEREAS, on January 12, 2006, the City Council adopted a resolution entitled "A Resolution of the City Council of the City of Palm Desert Declaring the Results of a Special Election in City of Palm Desert Community Facilities District No. 2005-1 (University Park) and Directing the Recording of a Notice of Special Tax Lien" (the "Resolution Declaring Results of Election") which certified the results of the January 12, 2006 election conducted by the City Clerk, which results showed that more than two-thirds of the votes cast in the District were in P6401.1032\863321.2 favor of the proposition to establish an appropriations limit for the District, incur bonded indebtedness and levy the special tax. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY ORDAIN AS FOLLOWS: Recitals. The above recitals are all true and correct. 2. Authorization of Levy of Special Tax. By passage of this Ordinance, the City Council authorizes the levy of a special tax within the District at the maximum rates and in accordance with the Rate and Method set forth in Exhibit "B" to the Resolution of Formation which is on file in the office of the City Clerk and incorporated herein by reference. 3. Annual Rate Determination. The City Council is hereby further authorized to determine on or before August 10 of each year, or such other date as is established by law or by the County Auditor -Controller of the County of Riverside, the specific special tax to be levied on each parcel of land in the District, except that the special tax rate to be levied shall not exceed the maximum rates set forth in the Rate and Method, but the special tax may be levied at a lower rate. 4. Exemption of Government Property. Properties or entities of the state, federal, or other local governments shall be exempt from the above -referenced and approved special tax only to the extent set forth in the Rate and Method, and otherwise shall be subject to tax consistent with the provisions of Section 53317.3 and 53317.5 of the Act. 5. Use of Collections. All of the collections of the special tax shall be used only as provided for in the Act and in the Resolution of Formation. The special tax shall be levied only so long as needed for its purpose as described in the Resolution of Formation. 6. Collection. The special tax shall be collected in the same manner as ordinary ad valorem taxes and shall be subject to the same penalties and the same procedure, sale and lien in any case of delinquency as applicable for ad valorem property taxes; provided, however, that the special tax may be collected by direct billing by the City of the property owners in the District or in such other manner as may be provided by the City Council. In addition, the provisions of Section 53356.1 of the Act shall apply to any delinquent Special Tax payments. 7. Authorization. The specific authorization for adoption of this Ordinance is the provisions of Section 53340 of the Act. B. Severablility. If for any reason any portion of this Ordinance is found to be invalid, or if the special tax is found inapplicable to any particular parcel within the District, by a Court of competent jurisdiction, that balance of this Ordinance, and the P6401.1032\863321.2 4 application of the special tax to the remaining parcels within the District shall not be affected. 9. Certification. The City Clerk shall certify to the passage of this Ordinance and cause it to be published or posted in accordance with law. PASSED, APPROVED AND ADOPTED this nth day of February , 2006, by the following vote: AYES: Councilmembers BENSON, KELLY, SPIEGEL AND FERGUSON NOES: Councilmembers NONE ABSENT: Councilmembers MTES ABSTAIN: Councilmembers ATTEST: P6401.1032\863321.2