1 ORDINANCE NO. 1192
AN ORDINANCE OF THE CITY OF RANCHO MIRAGE, STATE OF CALIFORNIA,
LEVYING SPECIAL TAXES WITHIN CITY OF RANCHO MIRAGE COMMUNITY FACILITIES DISTRICT NO. 5 (SECTION 31) AND THE IMPROVEMENT AREAS
THEREOF
WHEREAS, the City of Rancho Mirage (the “City”) is a charter city and a political subdivision of the State of California; and
WHEREAS, on November 4, 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 a resolution entitled “A Resolution of the City Council of the City of Rancho Mirage of Intention to Establish a Community Facilities District, to Designate Improvement Areas and to Authorize the Levy of Special Taxes,” stating its intention to establish a community facilities district proposed to be named “City of Rancho Mirage Community Facilities District No. 5 (Section 31)” (the “Community Facilities District”), to designate four improvement areas within the Community Facilities District to be known as “Improvement Area No. 1 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)” (“Improvement Area No. 1”), “Improvement Area No. 2 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)” (“Improvement Area No. 2”), “Improvement Area No. 3 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)” (“Improvement Area No. 3”), and “Improvement Area No. 4 of City of Rancho Mirage Community Facilities District No. 5 (Section 31)” (“Improvement Area No. 4” and, together with Improvement Area No. 1, Improvement Area No. 2 and Improvement Area No. 3, the “Improvement Areas”), and to levy a special tax therein to finance the acquisition and construction of certain public facilities, and setting December 16, 2021 as the date for a public hearing to be held on the establishment of the Community Facilities District and designation of the Improvement Areas; and
WHEREAS, on December 16, 2021, the City Council held a noticed public hearing on the establishment of the Community Facilities District and the designation of the Improvement Areas, as required by the Act; and
WHEREAS, subsequent to the close of said hearing, the City Council adopted a adopted a resolution entitled “A Resolution of the City Council of the City of Rancho Mirage of Formation of City of Rancho Mirage Community Facilities District No. 5 (Section 31), Designating Improvement Areas Within the District, Authorizing the Levy of a Special Tax Within each Improvement Area and Establishing an Appropriations Limit for Each Improvement Area,” forming the Community Facilities District, designating the Improvement Areas and authorizing the levy of a special tax within each of the Improvement Areas to finance the Facilities (the “Resolution of Formation”) and a resolution calling an election within each of the Improvement Areas on the proposition of 2-1
2 incurring indebtedness, levying a special tax within, and establishing an appropriations limit for, each of the Improvement Areas; and
WHEREAS, on December 16, 2021, an election was held in which the qualified electors of each of the Improvement Areas approved said proposition by more than the two-thirds vote required by the Act;
THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE DOES ORDAIN AS FOLLOWS:
Recitals.
That the above recitals are true and correct, and the City Council so finds and determines.
Authorization and Levy of Special Taxes.
That the City Council hereby authorizes and levies special taxes within Improvement Area No. 1 pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit B to the Resolution of Formation (the “Improvement Area No. 1 Rate and Method of Apportionment”). The special taxes are hereby levied commencing in fiscal year 2022- 23 and in each fiscal year thereafter pursuant to the Improvement Area No. 1 Rate and Method of Apportionment, subject to the limitations contained in the Improvement Area No. 1 Rate and Method of Apportionment.
That the City Council hereby authorizes and levies special taxes within Improvement Area No. 2 pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit C to the Resolution of Formation (the “Improvement Area No. 2 Rate and Method of Apportionment”). The special taxes are hereby levied commencing in fiscal year 2022- 23 and in each fiscal year thereafter pursuant to the Improvement Area No. 2 Rate and Method of Apportionment, subject to the limitations contained in the Improvement Area No. 2 Rate and Method of Apportionment.
That the City Council hereby authorizes and levies special taxes within Improvement Area No. 3 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 “Improvement Area No. 3 Rate and Method of Apportionment”). The special taxes are hereby levied commencing in fiscal year 2022- 23 and in each fiscal year thereafter pursuant to the Improvement Area No. 3 Rate and Method of Apportionment, subject to the limitations contained in the Improvement Area No. 3 Rate and Method of Apportionment.
That the City Council hereby authorizes and levies special taxes within Improvement Area No. 4 pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in Exhibit E to the Resolution of Formation (the “Improvement Area No. 4 Rate and Method of 2-2
3 Apportionment”). The special taxes are hereby levied commencing in fiscal year 2022- 23 and in each fiscal year thereafter pursuant to the Improvement Area No. 4 Rate and Method of Apportionment, subject to the limitations contained in the Improvement Area No. 4 Rate and Method of Apportionment.
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 respective rates provided by this Ordinance. In no event shall the special tax be levied on any parcel within Improvement Area No. 1 in excess of the maximum tax specified therefor in the Improvement Area No. 1 Rate and Method of Apportionment, within Improvement Area No. 2 in excess of the maximum tax specified therefor in the Improvement Area No. 2 Rate and Method of Apportionment, within Improvement Area No. 3 in excess of the maximum tax specified therefor in the Improvement Area No. 3 Rate and Method of Apportionment, nor within Improvement Area No. 4 in excess of the maximum tax specified therefor in the Improvement Area No. 4 Rate and Method of Apportionment.
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 Improvement Area No. 1, unless exempted by law or by the Improvement Area No. 1 Rate and Method of Apportionment.
That the special tax shall be levied on all of the parcels in Improvement Area No. 2, unless exempted by law or by the Improvement Area No. 2 Rate and Method of Apportionment.
That the special tax shall be levied on all of the parcels in Improvement Area No. 3, unless exempted by law or by the Improvement Area No. 3 Rate and Method of Apportionment.
That the special tax shall be levied on all of the parcels in Improvement Area No. 4, unless exempted by law or by the Improvement Area No. 4 Rate and Method of Apportionment.
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.
2-3
4 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 payable from the Special Tax to be levied in the Improvement Areas 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 each or any of the Improvement Areas if, in the judgment of the City Clerk, such means of collection will reduce the burden of administering the Community Facilities District and each or any of such Improvement Areas 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.
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 and the respective Improvement Area shall not be affected.
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.
Effective Date.
That this Ordinance shall take effect thirty (30) days after its adoption.
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.
2-4
5 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.
Headings.
That the headings of sections herein are solely for convenience of reference and shall not affect the meaning, construction or effect hereof.
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]
2-5
6 The foregoing Ordinance was approved and adopted at a meeting of the City Council held on January 20, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
CITY OF RANCHO MIRAGE:
_______________________________
Ted Weill, Mayor
ATTEST:
_______________________________
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
_______________________________
Steven B. Quintanilla, City Attorney
2-6