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.
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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 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 .
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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 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·"""'~,...
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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. 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).
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Kristie Ramos
City Clerk