-4-
SECTION 11 . The Acquisition Agreement, in the form presented to the City Council at this meeting, is hereby approved. The acting City Manager is hereby authorized, for the City on behalf of the District, to execute and deliver the Acquisition Agreement in said form, with such additions thereto or changes therein as are deemed necessary, desirable or appropriate by the acting City Manager upon consultation with the City Attorney and District Formation Counsel, the approval of such changes to be conclusively evidenced by the execution and delivery by the acting City Manager of the Acquisition Agreement. The City Clerk is hereby directed to attest the acting City Manager’s execution of the Acquisition Agreement.
SECTION 12. Pursuant to the provisions of the Code, the proposition of the levy of the special tax and the proposition of the establishment of the appropriations limit specified above shall be submitted to the qualified electors of the District at an election the time, place and conditions of which election shall be as specified by a separate resolution of this City Council.
Resolution No. CC 2022-109
October 24, 2022
-5-
SECTION 13. This Resolution shall take effect upon its adoption.
PASSED, APPROVED and ADOPTED this 24th day of October, 2022.
Approved as to form: Steven D. Hofbauer, Mayor
Scott E. Porter
Interim City Attorney
ATTEST:
Rochelle Scott, Acting City Clerk
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a special meeting of said Council held on the 24th day of October, 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
16007.48:J18546
9/29/22
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
RESOLUTION NO. CC 2022-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE
DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS FOR THE CITY OF PALMDALE COMMUNITY FACILITIES DISTRICT NO. 2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES)
WHEREAS, on September 21, 2022, this City Council adopted Resolution No. 2022-100 entitled “A Resolution of the City Council of the City of Palmdale Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein – Ritter Ranch Phase 1 Public Facilities” (the “Resolution of Intention”) stating its intention to form the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”), pursuant to the Mello-Roos Community Facilities Act of 1982, California Government Code Sections 53311 et seq. (the “Code”), to fund costs of certain public improvements as described therein (the “Facilities”); and
WHEREAS, on September 21, 2022, this City Council also adopted Resolution No. 2022-101 entitled “A Resolution of the City Council of the City of Palmdale Declaring Its Intention to Incur Bonded Indebtedness of the Proposed City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)” (the “Resolution of Intention to Incur Indebtedness”) stating its intention to incur bonded indebtedness for the District for the purpose of financing costs of the Facilities; and WHEREAS, the Resolution of Intention called for a public hearing to be held on October 24, 2022, regarding the formation of the District, the Facilities to be funded by the District and the levy of special taxes in the District, and the Resolution of Intention to Incur Indebtedness called for a public hearing to be held on October 24, 2022 regarding the proposed issuance of bonds by the City for the District; and WHEREAS, on this date, this City Council held the public hearing as required by the Code and the Resolution of Intention relative to the determination to proceed with the formation of the District, the provision by the District of funds to pay the costs of the Facilities, and the rate and method of apportionment of the special tax to be levied on property within the District to pay costs of the Facilities, the principal and interest on the proposed indebtedness and the administrative costs of the District; and WHEREAS, at the hearing all persons desiring to be heard on all matters pertaining to the formation of the District, the provision of funds to pay the costs of the Facilities and the levy of the special tax on property in the District, were heard and a full and fair hearing was held; and
Resolution No. CC 2022-110
October 24, 2022
WHEREAS, subsequent to the hearing, this City Council adopted Resolution No. 2022-109 entitled “A Resolution of the City Council of the City of Palmdale of Formation of the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Facilities), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, and Approving Acquisition Agreement” (the “Resolution of Formation”); and
WHEREAS, on this date, this City Council held the public hearing as required by the Code relative to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness; and
WHEREAS, no written protests with respect to the matters material to the questions set forth in the Resolution of Intention to Incur Indebtedness have been filed with the City Clerk.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALMDALE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. This City Council deems it necessary to incur bonded indebtedness in the maximum aggregate principal amount of $75,000,000 within the boundaries of the District.
SECTION 3 . The indebtedness incurred in the District is for the purpose of financing costs of the Facilities, as provided in the Resolution of Formation including, but not limited to, the costs of issuing and selling bonds to finance costs of the Facilities, and the initial costs of the City in administering the District.
SECTION 4 . The whole of the District shall pay for the bonded indebtedness through the levy of the special tax. The special tax is to be apportioned in accordance with the rate and method of apportionment of special tax set forth in Exhibit B to the Resolution of Intention.
SECTION 5 . The maximum principal amount of bonded indebtedness to be incurred for the District is $75,000,000 and the maximum term of any series of the bonds to be issued shall in no event exceed forty (40) years.
SECTION 6. The bonds for the District shall bear interest at a rate or rates not to exceed the maximum interest rate permitted by applicable law at the time of sale of the bonds, payable weekly, semiannually or in such other manner as this City Council or its designee shall determine, with the actual rate or rates and times of payment of such interest to be determined by this City Council or its designee at the time or times of sale of the bonds.
Resolution No. CC 2022-110
October 24, 2022
SECTION 7 . The proposition of incurring the bonded indebtedness herein authorized for the District shall be submitted to the qualified elector of the District and shall be consolidated with elections on the proposition of levying special taxes within the District and the establishment of an appropriations limit for the District pursuant to Section 53353.5(a) of the Code. The time, place and conditions of said election shall be as specified by separate resolution of this City Council.
SECTION 8. This Resolution shall take effect upon its adoption.
PASSED, APPROVED and ADOPTED this 24th day of October, 2022.
Approved as to form: Steven D. Hofbauer, Mayor
Scott E. Porter
Interim City Attorney
ATTEST:
Rochelle Scott, Acting City Clerk
Resolution No. CC 2022-110
October 24, 2022
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a special meeting of said Council held on the 24th day of October, 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
16007.48:J18548
9/29/22
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
RESOLUTION NO. CC 2022-111
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE CALLING SPECIAL ELECTION WITHIN COMMUNITY FACILITIES DISTRICT NO. 2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES)
WHEREAS, on this date, this City Council adopted Resolution No. CC 2022-109 entitled “A Resolution of the City Council of the City of Palmdale of Formation of the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, and Approving Acquisition Agreement” (the “Resolution of Formation”), ordering the formation of the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”), authorizing the levy of a special tax on property within the District, and preliminarily establishing an appropriations limit for the District; and WHEREAS, on this date, this City Council also adopted Resolution No.
CC 2022-110 entitled “A Resolution of the City Council of the City of Palmdale Determining the Necessity to Incur Bonded Indebtedness for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)” (the “Resolution to Incur Indebtedness”), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $75,000,000 for the District upon the security of the special tax to be levied within the District; and WHEREAS, pursuant to the provisions of said Resolutions, the propositions of the levy of said special tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness for the District shall be submitted to the qualified electors of the District as required by the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 and following of the California Government Code (the “Code”).
NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALMDALE AS FOLLOWS:
SECTION 1. Pursuant to Sections 53326, 53325.7 and 53351 of the Code, the issues of the levy of said special tax, the incurring of bonded indebtedness and the establishment of said appropriations limit shall be submitted to the qualified electors of the District at an election called therefor as provided below.
SECTION 2 . As authorized by Section 53353.5 of the Code, the three propositions described in Section 1 above shall be combined into a single ballot measure, the form of which is attached hereto as Exhibit A and by this reference incorporated herein. Said form of ballot is hereby approved.
Resolution No. CC 2022-111
October 24, 2022
SECTION 3 . This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory of the District for each of the ninety (90) days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Code, this City Council finds that for purposes of these proceedings the qualified elector is the sole owner of the land initially included within the District and that the vote shall be by said landowner or its authorized representative, having one vote for each acre or portion thereof the landowner owns in the District as of the close of the public hearing.
SECTION 4 . This City Council hereby calls a special election to consider the measures described in Section 2 above, which election shall be held in the City Council Chambers immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file a copy of the Resolution of Formation, a copy of the map of the proposed boundaries of the District, and a sufficient description to allow the City Clerk to determine the boundaries of the District.
SECTION 5 . Pursuant to Section 53327 of the Code, the election shall be conducted by mail or hand-delivered ballot pursuant to the California Elections Code, and as otherwise permitted by the Code.
SECTION 6. This City Council acknowledges that the City Clerk has caused to be delivered to the sole qualified elector of the District a ballot in the form set forth in Exhibit A hereto. The ballot indicates the number of votes to be voted by the landowner.
The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following:
(a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board.
Analysis and arguments with respect to the ballot measures have been waived by the landowner in its petition to form the District, as permitted in Section 53327 of the Code.
SECTION 7. The City Clerk shall accept the ballot of the qualified elector in the City Council Chambers upon or prior to the adoption of this Resolution, whether said ballot be personally delivered or received by mail. The City Clerk shall have available a ballot which may be marked at said location on the election day by the qualified elector.
Resolution No. CC 2022-111
October 24, 2022
SECTION 8. This City Council hereby further finds that the provision of Section 53326 of the Code requiring a minimum of 45 days following the adoption of the Resolution of Formation to elapse before said special election is for the protection of the qualified elector of the District. The ballot to be executed by the qualified elector of the District contains a waiver of the time for said special election to expedite the process of formation of the District and a waiver of any requirement for ballot measure analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that the qualified elector has been fully apprised of and has agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and has thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election.
SECTION 9. This Resolution shall take effect upon its adoption.
PASSED, APPROVED and ADOPTED this 24th day of October, 2022.
Approved as to form: Steven D. Hofbauer, Mayor
Scott E. Porter
Interim City Attorney
ATTEST:
Rochelle Scott, Acting City Clerk
Resolution No. CC 2022-111
October 24, 2022
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a special meeting of said Council held on the 24th day of October, 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
16007.48:J18544
9/29/22
A-1
EXHIBIT A
CITY OF PALMDALE
COMMUNITY FACILITIES DISTRICT NO. 2022-3
(RITTER RANCH PHASE 1 PUBLIC FACILITIES)
OFFICIAL BALLOT
Special Tax Election
(October 24, 2022)
This ballot is for a special, landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palmdale no later than immediately after adoption on October 24, 2022 of the resolution of the City Council calling said election, either by mail or in person. The City Clerk’s office is located at 38300 North Sierra Highway, Palmdale, California 93550.
To vote, mark a cross (X) on the voting line after the word “YES” or after the word “NO”. All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void.
If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palmdale and obtain another.
BALLOT MEASURE: Shall the City of Palmdale (the “City”) incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $75,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”), the proceeds of which will be used only to finance the costs of certain public improvements (the “Facilities”), as specified in the Resolution of Formation of the District, and the costs of issuing the bonds, initially administering the bonds and the District as well as the establishment of appropriate bond reserves; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to be applied to pay the costs of the Facilities directly, to pay the principal and interest on any bonds issued for the District, to replenish the reserves for the bonds, and to pay the costs of the City in administering the District; and shall the initial annual appropriations limit of the District be established in the amount of $75,000,000?
Yes:
No:
A-2
By execution in the space provided below, you also indicate your waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure, as such waivers are described and permitted by Section 53326(a) and 53327(b) of the California Government Code.
Number of Votes: 236
Property Owned by Property Owner: See attachment A
Property Owner: RdR Development Holdings, LLC,
a Delaware limited liability company
By: Preston Hollow Capital, LLC,
its sole member
By:
Name:
Title:
A-3
ATTACHMENT A
LOS ANGELES COUNTY ASSESSORS PARCEL NUMBERS
OF LAND OWNED WITHIN THE PROPOSED CFD 2022-3
3206-020-017
3206-026-005
3206-026-007
3206-027-002
3206-027-004
3206-027-005
3206-027-006
3206-027-007
3206-027-008
3206-027-009
3206-027-010
3206-027-012
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
RESOLUTION NO. CC 2022-112
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALMDALE DECLARING
RESULTS OF SPECIAL ELECTION AND DIRECTING RECORDING OF NOTICE OF SPECIAL TAX LIEN – COMMUNITY FACILITIES DISTRICT NO. 2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES)
WHEREAS, in proceedings heretofore conducted by this City Council pursuant to the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 and following of the California Government Code (the “Code”), this City Council on this date adopted Resolution No. CC 2022-111 entitled “A Resolution of the City Council of the City of Palmdale Calling Special Election Within Community Facilities District No. 2022- 3 (Ritter Ranch Phase 1 Public Facilities)”, calling for a special election of the qualified electors within the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”); and
WHEREAS, pursuant to the terms of said Resolution, which are by this reference incorporated herein, the special election was held on this date, and the City Clerk has on file a Canvass and Statement of Results of Election, a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has reviewed the Canvass and Statement of Results of Election and hereby approves it.
NOW THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALMDALE AS FOLLOWS:
SECTION 1. The issues presented at the special election were the incurring of a bonded indebtedness in the maximum aggregate principal amount of $75,000,000 for the District, the levy of a special tax within the District to be levied in accordance with the rate and method of apportionment of special taxes heretofore approved by this City Council by its Resolution No. CC 2022-109 adopted this date entitled “A Resolution of the City Council of the City of Palmdale of Formation of the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, and Approving Acquisition Agreement,” and the approval of an initial annual appropriations limit in the amount of $75,000,000 pursuant to said Resolution.
SECTION 2. Pursuant to the Canvass and Statement of Results of Election on file with the City Clerk, the issues presented at the special election were approved by the sole qualified elector of the District by its votes cast at the special election.
Resolution No. CC 2022-112
October 24, 2022
SECTION 3. Pursuant to said voter approval, the District is hereby declared to be fully formed with the authority to levy special taxes as heretofore provided in these proceedings and in the Code.
SECTION 4 . It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Code.
SECTION 5 . The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Los Angeles a notice of special tax lien in a form provided by the City’s District Formation Counsel, said recording to occur no later than fifteen days following adoption by the City Council of this Resolution.
SECTION 6. This Resolution shall take effect upon its adoption.
PASSED, APPROVED and ADOPTED this 24th day of October, 2022.
Approved as to form: Steven D. Hofbauer, Mayor
Scott E. Porter
Interim City Attorney
ATTEST:
Rochelle Scott, Acting City Clerk
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing resolution was duly passed, approved, and adopted by the City Council of the City of Palmdale at a special meeting of said Council held on the 24th day of October, 2022 by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
16007.48:J18545
9/29/22
A-1
EXHIBIT A
CANVASS AND STATEMENT OF RESULT OF ELECTION
City of Palmdale
Community Facilities District No. 2022-3
(Ritter Ranch Phase 1 Public Facilities)
I hereby certify that on October 24, 2022, I canvassed the returns of the election held on October 24, 2022, in the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) and the total number of votes cast in said District and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast YES NO
City of Palmdale Community
Facilities District No. 2022-3 (Ritter
Ranch Phase 1 Public Facilities)
Special Tax Election, October 24,
2022.
236
BALLOT MEASURE: Shall the City of Palmdale (the “City”) incur an indebtedness and issue bonds in one or more series in the maximum aggregate principal amount of $75,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds on behalf of the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”), the proceeds of which will be used only to finance the costs of certain public improvements (the “Facilities”), as specified in the Resolution of Formation of the District, and the costs of issuing the bonds, initially administering the bonds and the District as well as the establishment of appropriate bond reserves; shall a special tax payable solely from lands within the District be levied annually upon lands within the District to be applied to pay the costs of the Facilities directly, to pay the principal and interest on any bonds issued for the District, to replenish the reserves for the bonds, and to pay the costs of the City in administering the District; and shall the initial annual appropriations limit of the District be established in the amount of $75,000,000? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 24th day of October, 2022.
By:
Rochelle Scott, Acting City Clerk,
City of Palmdale
CITY OF PALMDALE
COUNTY OF LOS ANGELES, CALIFORNIA
ORDINANCE NO. 1597
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALMDALE LEVYING
SPECIAL TAXES WITHIN CITY OF PALMDALE COMMUNITY FACILITIES DISTRICT NO. 2022-3 (RITTER RANCH PHASE 1 PUBLIC FACILITIES)
WHEREAS, on September 21, 2022, this City Council adopted Resolution No.
CC 2022-100 entitled “A Resolution of the City Council of the City of Palmdale Declaring Its Intention to Establish a Community Facilities District and to Authorize the Levy of Special Taxes Therein – Ritter Ranch Phase 1 Public Facilities” (the “Resolution of Intention”) stating its intention to establish the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, constituting Section 53311 and following of the California Government Code (the “Code”), to provide funds to pay the costs of certain public improvements (the “Facilities”), as described therein; and WHEREAS, notice was published as required by the Code relative to the intention of this City Council to form the District and to provide for costs of the Facilities; and
WHEREAS, on October 24, 2022, this City Council has held a noticed public hearing as required by Code relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax to be levied within the District to fund costs of the Facilities; and WHEREAS, at said hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of said special taxes were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, this City Council adopted Resolution No.
CC 2022-109 entitled “A Resolution of the City Council of the City of Palmdale of Formation of City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities), Authorizing the Levy of a Special Tax Within the District, Preliminarily Establishing an Appropriations Limit for the District, and Approving Acquisition Agreement,” Resolution No. CC 2022-110 entitled “A Resolution of the City Council of the City of Palmdale Determining the Necessity to Incur Bonded Indebtedness for the City of Palmdale Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)” and Resolution No. CC 2022-111 entitled “A Resolution of the City Council of the City of Palmdale Calling Special Election Within Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)”, which resolutions established the District, authorized the levy of a special tax with the District, and called an election within the District on the proposition of incurring indebtedness, Ordinance No. 1597
October 24, 2022
-2-
levying a special tax on property in, and establishing an appropriations limit for, the District; and
WHEREAS, an election was held within the District in which the sole qualified landowner elector approved said propositions, and this City Council adopted Resolution No. CC 2022-112 entitled “A Resolution of the City Council of the City of Palmdale Declaring Results of Special Election and Directing Recording of Notice of Special Tax Lien – Community Facilities District No. 2022-3 (Ritter Ranch Phase 1 Public Facilities)” declaring the results of the election.
THE CITY COUNCIL OF THE CITY OF PALMDALE DOES ORDAIN AS FOLLOWS:
SECTION 1 . By the passage of this Ordinance this City Council hereby authorizes and levies special taxes within the District pursuant to Code Sections 53328 and 53340 at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Intention (the “Rate and Method of Apportionment”). The special taxes are hereby levied commencing in fiscal year 2022-33 and in each fiscal year thereafter.
SECTION 2. The Finance Director of the City is hereby authorized and directed each fiscal year to determine the specific special tax rate and amount to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Rate and Method of Apportionment.
SECTION 3 . Properties or entities of the State, federal or local governments shall be exempt from any levy of the special taxes, to the extent set forth in the Rate and Method of Apportionment. In no event shall the special taxes be levied on any parcel within the District in excess of the maximum tax specified in the Rate and Method of Apportionment.
SECTION 4. All of the collections of the special tax shall be used as provided for in the Code, the Rate and Method of Apportionment, and in the Resolution of Formation including, but not limited to, the payment of the costs of the City in administering the District and the costs of collecting and administering the special tax.
SECTION 5. The special taxes shall be collected from time to time as necessary to meet the financial obligations of the District on the secured real property tax roll in the same manner as ordinary ad valorem taxes are collected. The special taxes shall have the same lien priority, and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes. In addition, the provisions of Section 53356.1 of the Code shall apply to delinquent special tax payments. The Finance Director is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Los Angeles 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 Ordinance No. 1597
October 24, 2022
-3-
and at the times necessary to satisfy the financial obligations of the District in each fiscal year.
Notwithstanding the foregoing, the Finance Director of the City may collect one or more installments of the special taxes by means of direct billing by the City of the property owners within the District if, in the judgment of the Finance Director, such means of collection will reduce the administrative burden on the City in administering the 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 6. The Finance Director is hereby directed to establish an account for the District (which need not be a separate deposit account, but may be a separate general ledger account so long as such proceeds can be separately accounted for) into which proceeds of the special tax levied for the District will be deposited, and the Finance Director is hereby directed to file an annual report with this City Council as required by Section 50075.3 of the Code.
SECTION 7 . Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one (1) or more subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, or invalid, or ineffective, provided the basic purposes of this Ordinance and the benefits to the City and the public are not substantially impaired.
Ordinance No. 1597
October 24, 2022
-4-
SECTION 8 . The City Clerk shall certify to the adoption of this Ordinance and shall cause this Ordinance to be published or posted as required by law.
PASSED, APPROVED and ADOPTED this 24th day of October, 2022.
Approved as to form: Steven D. Hofbauer, Mayor
Scott E. Porter
Interim City Attorney
ATTEST:
Rochelle Scott, Acting City Clerk
Ordinance No. 1597
October 24, 2022
-5-
I, Rochelle Scott, Acting City Clerk of Palmdale, California, do hereby certify that the foregoing Ordinance was duly introduced, passed, approved, and adopted by the City Council of the City of Palmdale at a special meeting of said Council held on the 24th day of October, 2022 effective on the _____ day of ____________, 20___ by the following roll call vote:
AYES:
NOES:
ABSTAIN: ABSENT:
Date:
Rochelle Scott, Acting City Clerk
16007.48:J18541
9/29/22