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HomeMy WebLinkAbout25013RESOLUTION NO. 25013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING 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. 24, TRACT MAP NO. 38049. 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, under the Act, this City Council of the City of Palm Springs is the legislative body for the proposed annexation of territory to the District and is empowered with the authority to annex territory to the District and levy special taxes within the annexation territory; and WHEREAS, this City Council of the City of Palm Springs now desires to commence proceedings to consider the annexation of territory to the District. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY RESOLVES, DETERMINES AND APPROVES AS FOLLOWS: SECTION 1. The City Council of the City of Palm Springs proposes to begin the proceedings necessary to annex territory to the District pursuant to the Act. SECTION 2. The name of the existing District is City of Palm Springs, Community Facilities District No. 2005-1 (Public Safety Services). SECTION 3. A general description of the territory included in the original District is shown on the amended boundary map recorded in the office of the County Recorder for the County of Riverside on November 1, 2005, in Book 64 at Pages 71-77 of Maps of Assessments and Community Facilities Districts, to which map reference is hereby made. SECTION 4. The territory now proposed to be annexed to the District is shown on Annexation Map No. 24 of the District on file with the City Clerk, a copy of which is attached hereto as Exhibit A, which Exhibit is, by this reference, incorporated herein. The boundaries of which territory are hereby preliminarily approved and to which map reference is hereby made for further particulars. The City Clerk is hereby directed to record, or cause to be recorded, said Annexation Map No. 24 of the District in the office of the County Recorder of the County of Riverside within fifteen days of the date of Resolution No. 25013 Page 2 adoption of this Resolution. The Tract Map for the territory proposed to be annexed, is , attached in Exhibit B. SECTION 5. The types of services to be funded by the District and pursuant to the Act consist of those services (the "Services") described in Resolution No. 21402 entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring its Intention to Establish Community Facilities District No. 2005-1 (Public Safety Services) and to Authorize the Levy of Special Tax Therein to Finance Certain Services" adopted by the City Council of the City of Palm Springs on September 7, 2005, (the "Resolution of Intention"), which Resolution of Intention is, by this reference, incorporated herein. It is presently intended that the Services will relate to the existing territory in the District and the territory proposed to be annexed to the District. SECTION 6. Except to the extent that funds are otherwise available to the District to pay for the Services, a special tax sufficient to pay the costs thereof, secured by recordation of a continuing lien against all non-exempt real property in the District (including the property being annexed thereto), will be levied annually within the District and collected in the same manner as ordinary ad valorem property taxes, or in such other manner as this City Council of the City of Palm Springs shall determine, including direct billing of the affected property owners. The rate and method of apportionment of the special tax among the parcels of real property within the District, as now in existence and , following the annexation proposed herein, in sufficient detail to allow each landowner within the territory proposed to be annexed to the District to estimate the maximum amount such owner will have to pay, is attached in Exhibit C. SECTION 7. The special tax proposed to be levied for Services to be supplied within the proposed territory to be annexed will be equal to the special taxes levied to pay for the same Services in the District, except that a higher or lower special tax may be levied within the proposed territory to be annexed to the extent that the actual cost of providing the Services in that territory is higher or lower than the cost of providing those Services in the District. Notwithstanding the foregoing, the special tax may not be levied at a rate which is higher than the maximum special tax authorized to be levied pursuant to the rate and method of apportionment of the special tax. SECTION 8. Notice is given that on Thursday, July 28, 2022, at 6:00 p.m. or as soon thereafter as the matter may be heard, in the regular meeting place of this City Council of the City of Palm Springs in the Council Chambers, at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, and the same are hereby appointed and fixed as the time and place when and where this City Council of the City of Palm Springs, as legislative body for the District, will conduct a public hearing on the annexation of territory to the District and consider and finally determine whether the public interest, Resolution No. 25013 Page 3 convenience, and necessity require said annexation of territory to the District and the levy of said special tax therein. SECTION 9. The City Clerk is hereby directed to cause notice of said public hearing to be given by publication one time in a newspaper published in the area of the District. The publication of said notice shall be completed at least seven days before the date herein set for said hearing. The notice shall be substantially in the form of Exhibit D hereto. SECTION 10. This Resolution shall take effect upon its adoption. ADOPTED THIS 16th DAY OF JUNE. 2022. M"L4 ✓G JUSTIN CLIFTON CITY MANAGER ATTEST: MONIQUE(LPMELI, CIVIC INTERIM bay CLERK Resolution No. 25013 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE) ss. CITY OF PALM SPRINGS) I, MONIQUE M. LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25013 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 16th day of June 2022, by the following vote: AYES: Councilmembers Holstege, Kors, Woods, Mayor Pro Tern Garner, and Mayor Middleton NOES: ABSENT: ABSTAIN: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this -n— day of Its MONIQ M. LOMELI, CMC ' INTERIM CITY CLERK EXHIBIT A CITY OF PALM SPRINGS ' COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 24 TRACT MAP NO. 38049 PROPOSED BOUNDARIES OF THE ANNEXATION TERRITORY 37.: 0i CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 ' (PUBLIC SAFETY SERVICES) ANNEXATION NO. 24 TRACT MAP NO. 38049 TRACT MAP OF THE PROPOSED ANNEXATION TERRITORY EXHIBIT C CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) RATE AND METHOD OF APPORTIONMENT 11 EXHIBIT D CITY OF PALM,SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY -SERVICES) ANNEXATION NO. 24 TRACT MAP NO. 38049 NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the City of Palm Springs will conduct a public hearing on Thursday, July 28th, 2022, at 6:00 p.m. or as soon thereafter as the matter may be heard, in the City Council Chambers located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262, to consider the following: CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 24 TRACT MAP NO. 38049 On June 16'h, 2022, the City Council of the City of Palm Springs, as the legislative body for the District, adopted a resolution entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring 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. 24, Tract Map No. 38049" (the "Resolution of Intention"). Pursuant to the Resolution of Intention, the City Council of the City of Palm Springs determined that the public convenience and necessity require that certain territory, as more particularly described in the Resolution of Intention, be annexed to the existing District, all as provided in the Mello -Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code) (the "Act'). Reference is hereby made to the Resolution of Intention, on file with the City Clerk of the City for further particulars. The following is a summary of the provisions of the Resolution of Intention. In the Resolution of Intention, the City Council of the City of Palm Springs declared its intention to annex territory into Community Facilities District No. 2005-1 (Public Safety Services) (the "District'). The area proposed to be annexed to the District is as shown on Annexation Map No. 24, on file with the City Clerk, and identified in Exhibit A of the Resolution of Intention. The District shall fund police services, fire protection and suppression services, and life safety services. It is presently intended that the services will be provided, without preference or priority, to the existing territory in the District and the territory proposed to be annexed to the District. The Resolution of Intention provides that the special taxes heretofore caused to be levied in the District , shall be levied in the territory proposed to be annexed, subject to public hearing and owner consent proceedings as specified in the Act. At the public hearing the testimony of all interested persons for and against the annexation of said territory to the District or the levying of special taxes within the territory proposed to be annexed will be heard. Any person interested may file a protest ' in writing with the City Clerk. /s/ Monique Lomeli Interim City Clerk City of Palm Springs