Loading...
HomeMy Public PortalAboutOrd 1182ORDINANCE NO. 1182 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. 4C (DEL WEBB PROJECT) WHEREAS, the City of Rancho Mirage (the "City") is a charter city and a political subdivision of the State of California; and WHEREAS, on April 1, 2021, 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. 2021-14 (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. 4C 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 May 6, 2021 as the date for a public hearing to be held on the establishment of the Community Facilities District ; and WHEREAS, on May 6, 2021, 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 May 6, 2021, 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 2021-22 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. 1 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 di rected 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 fisca l yea r. Notwithstanding the foregoing , the City Clerk may collect one or more installment s of the specia l taxes by means of direct billing by the Community Facilities District of the property owners w ithin the Community Facilities Distric t 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 Fac ilities 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 . 2 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 . REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 3 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on May 20, 2021, by the following vote: Ayes: Noes: Hobart, Kite, Smotrich, Townsend, Weill. None. Abstain: None. Absent: None. ATTEST: KTiStieRaTTlos, City Clerk APPROVED AS TO FORM: f.,, .... Steven B. Quintanilla, City Attorney 1)G.f'it'1 T~c "i " 1 l)erv t7 .;H ;+--H·"""'~,... 4 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. 1182 was introduced by first reading at a regular meeting of the City Council held on May 6, 2021, by the following vote: AYES : Hobart, Kite, Smotrich, Townsend, Weill. NOES: None. ABSENT: None. ABSTAIN: None. Ordinance No . 1182 was adopted at a regular meeting of the City Council held on May 20, 2021, 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. 1182 to be posted and/or published, as required by law (GC Sect. 36933). 5 Kristie Ramos City Clerk