HomeMy WebLinkAbout21152 - RESOLUTIONS - 12/1/2004 RESOLUTION NO. 21152
' OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING THE RESULTS
OF AN ASSESSMENT BALLOT PROCEEDING
RELATING TO THE LEVY AND COLLECTION OF
SPECIAL ASSESSMENTS WITHIN ASSESSMENT
DISTRICT NO. 164 (MOUNTAIN GATE ll), AND THE
ISSUANCE OF BONDED INDEBTEDNESS
WHEREAS, the City Council of the City of Palm Springs, California, (the
"Council" and "City"), called and duly held a public hearing and majority protest ballot
proceeding of Assessment District No. 164 (Mountain Gate II), hereinafter referred to as
the "District", on December 1, 2004, for the purpose of presenting to the qualified
electors within the District, a proposition for the levy of special assessments within the
District and the issuance of bonds on the security of such special assessments; and
WHEREAS, notice of the hearing was mailed to the landowners of record within
the District at least 45 days prior to the hearing; and
WHEREAS, the hearing was duly and lawfully held on December 1, 2004; and
WHEREAS, there has been presented to this City Council a certificate of the City
Clerk called the Certificate of the Election Official as to the Results of the Canvass of the
Assessment Ballots (the "Certificate of the Election Official'), a copy of which is attached
hereto as Exhibit "A".
NOW THEREFORE BE IT RESOLVED, as follows:
Section 1. The above recitals are true and correct.
Section 2. The canvass of the votes on the assessment ballots cast in the District at
the assessment proceeding held in the District on December 1, 2004, as
shown in the Certificate of the Election Official, is hereby approved and
confirmed.
Section 3. The Proposition voted on at such proceeding received a unanimous vote
of the qualified electors voting, and has carried. No electors filed written
protests against the assessment. The City Council is hereby authorized
to take the necessary steps to levy the special assessments authorized
by the Proposition, on all non-exempt property within the District, and to
issue, from time to time as it determines appropriate, bonds for the benefit
of the respective parcels of land within the District secured by such
special assessments.
Section 4. The City Clerk is hereby directed to enter the title of this Resolution on the
minutes of the Council and to indicate the official declaration of the result
of such assessment ballot proceeding.
Section 5. This Resolution shall take effect immediately upon its adoption.
Section 6. The City Clerk shall certify to the passage and adoption of this Resolution
and enter it into the book of original resolutions.
Resolution No. 21152
Page 2
ADOPTED this 15`day of December, 2004. '
AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
By
- ✓/
Acting City Clerk City Mana er T
Resolution 21152
Page 3
EXHIBIT A
' CITY OF PALM SPRINGS, CALIFORNIA
ASSESSMENT DISTRICT NO. 164 (MOUNTAIN GATE II)
OF THE CITY OF PALM SPRINGS
CERTIFICATE OF THE ELECTION OFFICIAL
AS TO THE RESULTS OF THE CANVASS OF THE ASSESSMENT BALLOT
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF PALM SPRINGS )
I, Kathleen D. Hart, Acting City Clerk in my capacity as Elections Official
in the City of Palm Springs, California, DO HEREBY CERTIFY, that I did canvass the
return of the votes cast at the assessment proceedings on December 1, 2004, held in
ASSESSMENT DISTRICT NO. 164
(MOUNTAIN GATE II)
OF THE CITY OF PALM SPRINGS
I FURTHER CERTIFY that the Statements of All Votes Cast, to which this
certificate is attached, shows the total number of ballots cast within the territory to be
included within the District and the totals shown for such Proposition are full, true and
correct.
WITNESS my hand and Official Seal this 1st day of December, 2004.
CITY OF PALM SPRINGS, CALIFORNIA,
ASSESSMENT DISTRICT NO. 164
(MOUNTAIN GATE 11)
1
Acting City Clerk
1
Resolution 21152
Page 4
ASSESSMENT DISTRICT NO. 164
(MOUNTAIN GATE II)
OF THE CITY OF PALM SPRINGS '
STATEMENT OF ALL VOTES CAST
DECEMBER 1, 2004
Qualified
Landowner Votes
Votes Cast YES NO
City of Palm Springs,
Assessment District No. 164
(Mountain Gate II) of the City of
Palm Springs, Assessment
Proceeding, December 1, 2004
PROPOSITION SUBMITTED TO VOTE OF VOTERS:
Shall the City of Palm Springs form
Assessment District No. 164 and
levy assessments for the purpose
of providing funds and selling YES
improvement bonds over a period '
not to exceed 25 years from the
next September 2 following 12
months of the date of such bonds in
an amount not to exceed
$3,806,000 to acquire and
construct public and utility
improvements which specially
benefit property in such NO
Assessment District No. 164 (Tract
Numbers 32028 and 32028-1), for
funding a reserve fund, costs of
issuance, and capitalized interest in
connection with such bonds?
1