HomeMy Public PortalAboutOrd 1154ORDINANCE NO. 1154
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, LEVYING SPECIAL TAXES WITHIN CITY OF RANCHO MIRAGE
COMMUNITY FACILITIES DISTRICT NO. 48 (DEL WEBB PROJECT)
WHEREAS, the City of Rancho Mirage (the "City") is a charter city and recognized
for certain purposes as a political subdivision of the State of California; and
WHEREAS, on July 18, 2019, the City Council (the "City Council") of the City,
pursuant to the "Mello-Roos Community Facilities Act of 1982," being Chapter 2.5, Part
1, Division 2, Title 5 (beginning with Section 53311) of the Government Code of the State
of California (the "Act"), adopted Resolution No. 2019-40 (the "Resolution of Intention")
stating its intention to establish a community facilities district, to be designated and known
as "City of Rancho Mirage Community Facilities District No . 4B (Del Webb Project)" (the
Community Facilities District"), and levying a special tax therein to finance the acquisition
and construction of certain public facilities, and setting September 5, 2019 as the date for
a public hearing to be held on the establishment of the Community Facilities District; and
WHEREAS, on September 5, 2019, the City Council held a noticed public hearing
on the establishment of the Community Facilities District, as required by the Act; and
WHEREAS, subsequent to the close of said hearing, the City Council adopted a
resolution establishing the Community Facilities District and authorizing the levy of a
special tax within the Community Facilities District (the "Resolution of Formation") and a
resolution calling an election within the Community Facilities District on the proposition of
incurring indebtedness, levying a special tax within the Community Facilities District and
establishing an appropriations limit for the Community Facilities District; and
WHEREAS, on September 5, 2019, an election was held in which the qualified
electors of the Community Facilities District approved said proposition by more than the
two-thirds vote required by the Act;
THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
Section 1. Recitals.
That the above recitals are true and correct, and the City Council so finds and
determines .
Section 2. Authorization and Levy of Special Taxes.
That the City Council hereby authorizes and levies special taxes within the
Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate
and in accordance with the method of apportionment set forth in Exhibit D to the
Resolution of Formation (the "Rate and Method of Apportionment"). The special taxes
are hereby levied commencing in fiscal year 2020-2021 and in each fiscal year thereafter
pursuant to the Rate and Method of Apportionment, subject to the limitations contained
in the Rate and Method of Apportionment.
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Section 3. Levy of Special Tax in Future Tax Years.
That the City Council may, in accordance with subdivision (b) of Section 53340 of
the Act, provide, by resolution, for the levy of the special tax in future tax years at the
same rate or at a lower rate than the rate provided by this Ordinance. In no event shall
the special tax be levied on any parcel within the Community Facilities District in excess
of the maximum tax specified therefor in the Rate and Method of Apportionment.
Section 4. Special Tax Levied on All Parcels Pursuant to Rate and Method
of Apportionment.
That the special tax shall be levied on all of the parcels in the Community Facilities
District, unless exempted by law or by the Rate and Method of Apportionment.
Section 5. Allowed Use of Special Tax Proceeds.
That the proceeds of the special tax shall only be used to pay, in whole or in part,
the cost of financing the acquisition and construction of certain public facilities and certain
incidental expenses, pursuant to the Act and as more particularly described in the
Resolution of Formation .
Section 6. Collection of Special Taxes.
That 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 and the same
procedure, sale and lien priority in the case of delinquency as is provided for ad valorem
taxes, unless another procedure is adopted by the City Council. In addition, the provisions
of Section 53356 .1 of the Act shall apply to delinquent special tax payments. The City
Clerk is hereby authorized and directed to provide all necessary information to the
Treasurer and Tax Collector of Riverside County and to otherwise take all actions
necessary in order to effect proper billing and collection of the special tax, so that the
special tax shall be levied and collected in sufficient amounts and at the times necessary
to satisfy the financial obligations of the Community Facilities District in each fiscal year.
Notwithstanding the foregoing, the City Clerk may collect one or more installments
of the special taxes by means of direct billing by the Community Facilities District of the
property owners within the Community Facilities District if, in the judgment of the City
Clerk, such means of collection will reduce the burden of administering the Community
Facilities District or is otherwise appropriate in the circumstances. In such event , the
special taxes shall become delinquent if not paid when due as set forth in any such
respective billing to the property owners.
Section 7. Severability.
That 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 Community Facilities
District, by a court of competent jurisdiction, the balance of this Ordinance and the
application of the special tax to the remaining parcels within the Community Facilities
District shall not be affected.
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Section 8. Repeal of Conflicting Provisions.
That all the provisions of the Rancho Mirage Municipal Code ("RMMC") as
heretofore adopted by the City of Rancho Mirage that are in conflict with the provisions
of this Ordinance are hereby repealed .
Section 9. Effective Date.
That this Ordinance shall take effect thirty (30) days after its adoption.
Section 10. City Attorney Review.
That the City Attorney prepared and framed this Ordinance pursuant to Section
1.04.010 of the RMMC and finds that the City Council has the authority to adopt this
Ordinance, that the Ordinance is constitutionally valid and that the Ordinance is consistent
with the general powers and purposes of the City as set forth in Section 1.04.031 of the
RMMC.
Section 11. Amending of Bail Schedule.
That the City Attorney is hereby directed to determine whether this Ordinance
necessitates amendment of the City's Bail Schedule and to cause such necessary
amendments to be made and filed with the local branches of the Superior Court of the
County of Riverside.
Section 12. Headings.
That the headings of sections herein are solely for convenience of reference and
shall not affect the meaning, construction or effect hereof.
Section 13. Certification.
That the City Clerk shall certify to the passage of this Ordinance and shall cause
the same to be published according to law .
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THE FOREGOING ORDINANCE WAS ADOPTED at a meeting of the City Council
held on September 19, 2019, by the following vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill.
NOES: None.
ABSENT: None .
ABSTAIN: None.
CITY OF RANCHO MIRAGE
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE)
CITY OF RANCHO MIRAGE)
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby
certify under penalty of perjury, that the foregoing Ordinance No. 1154 was introduced by
first reading at a regular meeting of the City Council held on September 5, 2019, by the
following vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Ordinance No. 1154 was adopted at a regular meeting of the City Council held on
September 19, 2019, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Hobart, Kite, Smotrich, Townsend, Weill.
None.
None.
None.
I further certify that I have caused Ordinance No. 1154 to be posted and/or
published, as required by law (GC Sect. 36933).
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Kristie Ramos
City Clerk