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HomeMy WebLinkAbout24702RESOLUTION NO. 24702 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ANNEXATION LANDOWNER ELECTION, DETERMINING VALIDITY OF PRIOR PROCEEDINGS, AND DIRECTING THE RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR ANNEXATION NO. 21, THE MODERN, TRACT MAP NO. 37807, INTO COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES). WHEREAS, under the Mello -Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the "Act"), the City Council of the City of Palm Springs (the "City") previously conducted proceedings to establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) (the "District"); and WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this City Council has adopted a Resolution entitled "A Resolution of the City Council of the City of Palm Springs, California, Authorizing Annexation No. 21, The Modern, Tract Map No. 37807, into Community Facilities District No. 2005-1 (Public Safety Services), Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified Electors," (the "Resolution of Annexation"), which called for a special election of the qualified landowner electors in the territory of land proposed to be annexed to the District; and WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Election, (the "Canvass") a copy of which is attached hereto as Exhibit A; and WHEREAS, this City Council has been informed of the Canvass, finds it appropriate, and wishes to complete its proceedings for the annexation of territory into the District. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct. SECTION 2. The issue presented at the special election was the levy of a special tax within the territory annexed to the District, to be levied in accordance with the formula heretofore approved by this City Council, all as described in Resolution No. 24666, entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring Resolution No. 24702 Page 2 its Intention to Annex Territory into a Community Facilities District and to Authorize the Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1, (Public Safety Services), Annexation No. 21, The Modern, Tract Map No. 37807," adopted by this City Council on November 6, 2019. SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue presented at the special election was approved by the landowners of the territory annexed to the District by more than two-thirds (2/3) of the votes cast at the special election. SECTION 4. Pursuant to the voter approval, the annexed territory is hereby declared to be fully annexed to and part of the District and this City Council may levy special taxes therein as heretofore provided in these proceedings. SECTION 5. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District and the territory annexed thereto were valid and in conformity with the Act. SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall execute and cause to be recorded in the office of the County Recorder of the County of Riverside, an Amendment to Notice of Special Tax Lien, as required by Section 3117.5 of the California Streets and Highways Code. SECTION 7. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 9th DAY OF JANUARY, 2020. DAVID H. READY, CITY M AGER ATTEST: %i AN HONY J. EJIA, CITY CLERK Resolution No. 24702 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24702 is a full, true and correct copy as was duly adopted at a regular meeting of the City Council of the City of Palm Springs on 9th day of January, 2020, by the following vote: AYES: Councilmembers Garner, Middleton, Mayor Pro Tem Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None RECUSED: Councilmember Woods IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this lit► day of reiorudr I , uZ0 THONY We CITY CLERK Resolution No. 24702 Page 4 EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 21 THE MODERN, TRACT MAP NO. 37807 CANVASS AND STATEMENT OF RESULT OF ELECTION hereby certify that on January 9, 2020, 1 canvassed the returns of the election held on January 9, 2020, for the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 21, and the total number of votes cast in such election 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 Votes Votes Cast YES NO City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 21 2 Special Tax Election, January 9, 2020. BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2005-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory identified as Annexation No. 21 to the CFD in accordance with the rate and method of apportionment described in the Resolution of Intention adopted by the City Council of the City of Palm Springs on November 6, 2019, and shall the annual appropriations limit of the CFD be established in an amount equal to the proceeds of the special tax collected annually? Yes: No: IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON JANUARY 9, 2020. By: ANTHONY J. MEJIA, MMC CITY CLERK RECORDING REQUESTED BY AND AFTER RECORDATION RETURN TO: 2020-0033870 01/23/2020 11:21 AM Fee: $ 30.00 City Clerk Page 1 of 3 City of Palm Springs Recorded in Official Records 3200 East Tah uitz Can on Wa of Riverside q Y Y Peter Peter of Palm Springs, CA 92262 Assessor -County Clerk -Recorder 111IF"Nal�?°��C��1111 `i 51 TWENTIETH AMENDMENT TO NOTICE OF SPECIAL TAX LIEN CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 21 THE MODERN, TRACT 37807 Pursuant to the requirements of Section 3114.5 of the California Streets and Highways Code and Section 53328.3 of the California Government Code, the undersigned City Clerk of the City of Palm Springs (the "City"), County of Riverside, State of California, hereby gives notice that a lien to secure payment of a special tax is hereby imposed by the City Council of the City, on the property described herein. The special tax secured by this lien is authorized to be levied for the purpose of paying the costs of police services, fire protection and suppression services, and life safety services, and said special tax is to be levied according to the rate and method of apportionment set forth in, that certain Notice of Special Tax Lien heretofore recorded in the Office of the County Recorder of the County of Riverside, State of California on November 1, 2005 as Document No. 2005-0904135, to which the recorded Notice of Special Tax Lien reference is hereby made and the provisions of which are hereby incorporated herein in full by this reference. This Twentieth Amendment to Notice of Special Tax Lien amends the Notice of Special Tax Lien to add to the territory of Community Facilities District No. 2005-1 (Public Safety Services) the lands set forth in that certain "Annexation Map No. 21 of Community Facilities District No. 2005-1 (Public Safety Services), City of Palm Springs, County of Riverside, State of California," heretofore recorded on November 22, 2019, at Book 84 of Maps of Assessment and Community Facilities Districts at Page 56 in the office of the County Recorder of the County of Riverside, State of California, as document number 2019-0483982. The assessor's parcel numbers of all parcels or any portion thereof which are included in this Twentieth Amendment to Notice of Special Tax Lien, together with the names of the owners thereof, as they appear on the latest secured assessment roll as of the date of recording hereof or as are otherwise known to the City are as set forth in Exhibit A hereto and hereby made a part hereof. For further information concerning the current and estimated future tax liability of owners or purchasers of real property subject to this special tax lien, interested persons should contact the Finance Director of the City of Palm Springs, 3200 East Tahquitz Canyon Way, Palm Springs, California 92262; telephone number (760) 323-8221. Dated: As of "Ta.,. a. 2Z , 20 to By: A A 4,-, - nthony J. e . Ci City of Pal Springs EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.21 THE MODERN, TRACT 37807 ASSESSOR'S PARCEL NUMBERS AND OWNER Assessor's Name of Parcel Number Property Owner 504-270-019 Glenwood Mgmt Group LLC Indian Exhibit A Page 1