ORDINANCE NO. _____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ACTING AS THE LEGISLATIVE BODY FOR
IMPROVEMENT AREA NO. 15 OF THE CITY OF CATHEDRAL CITY
COMMUNITY FACILITIES DISTRICT NO. 2006-1 (LAW
ENFORCEMENT, FIRE, PARAMEDIC, PARK AND GENERAL
MAINTENANCE SERVICES) AUTHORIZING THE LEVY OF A
SPECIAL TAX
WHEREAS, on November 9, 2022 the City Council (the “Council”) of the City of Cathedral City, California (the “City”) adopted Resolution No. 2022-53 stating its intention to form the Improvement Area No. 15 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the “Act”); and
WHEREAS, notice was published as required by law relative to the intention of the Council to form the District; and
WHEREAS, on December 14, 2022 this Council held a noticed public hearing as required by law relative to the determination to proceed with the formation of the District and the rate and method of apportionment and manner of collection of the special tax to be levied within the District to finance certain public services; and
WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2022-60 (the “Resolution of Formation”) on December 14, 2022 determining the validity of prior proceedings relative to the formation of the District and establishing the District; and WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2022-61 which called an election within the District for December 14, 2022 on the proposition of levying a special tax; and
WHEREAS, the Council subsequent to said hearing adopted Resolution No. 2022-62 on December 14, 2022 which held an election within the District and canvassed the results in which the eligible electors approved by more than two-thirds vote the proposition of levying a special tax;
NOW, THEREFORE, BE IT ORDAINED, by the City Council of the City of Cathedral City as follows:
Section 1. A special tax is levied within the boundaries of the District pursuant to the formula set forth in Exhibit “A” attached hereto and incorporated by reference in an amount necessary to finance a portion of the cost of providing police protection, fire protection, paramedic, park maintenance and general maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District.
Section 2. This legislative body is hereby further authorized to provide, by resolution adopted as provided in Section 53340 of the Act, for the levy of the special tax in the then current tax year or future tax years, except that the special tax rates to be levied shall not exceed the maximum rates set forth in Exhibit “A”.
Section 3. All of the collections of the special tax shall be used as provided for in the Act and the Resolution of Formation.
Section 4. The above authorized special tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall be subject to the same penalties and the same procedure and sale in cases of delinquency and provided for ad valorem taxes.
Section 5. The Mayor shall sign this ordinance and the City Clerk shall attest to such signature. The City Clerk is directed to cause the title and summary or text of the this ordinance, together with the vote thereon, to be published within fifteen (15) days after its passage at least once in a newspaper of general circulation published and circulated within the territorial jurisdiction of the City, and to post at the main office of the City a certified copy of the full text of the adopted ordinance along with the names of the Council Members voting for and against the ordinance.
Section 6. This ordinance relating to the levy of the special tax takes effect and shall be in force from and after 30 days from the date of final passage. A copy of this ordinance shall be transmitted to the Clerk of the Board of Supervisors of Riverside County, the Assessor and the Treasurer-Tax Collector of Riverside County.
PASSED, APPROVED and ADOPTED this ________ day of ______________, 2023 by the following votes:
AYES:
NOES:
MAYOR
ATTEST:
CITY CLERK
EXHIBIT A
RATE AND METHOD OF APPORTIONMENT