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HomeMy WebLinkAbout21418 - RESOLUTIONS - 10/5/2005RESOLUTION NO. 21418 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS, DECLARING THE RESULTS OF A SPECIAL ELECTION ORDERING THE LEVYING OF A SPECIAL TAX WITHIN THE DISTRICT; AUTHORIZING THE ISSUANCE OF BONDED INDEBTEDNESS; AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN. The City Council (the "Council') of the City of Palm Springs, California (the "City"), acting in its capacity as the legislative body (the "Legislative Body") of the Community Facilities District No. 2005-2 (Escena) of the City of Palm Springs (the "District"), does hereby resolve as follows: WHEREAS, the Legislative Body duly called and held an election in the District pursuant to Resolution No. 21417 ("Resolution Calling Election") for the purpose of presenting to the qualified electors within the District, a proposition for the levy of a special tax and the establishment of an appropriations limit ("Proposition A") and the issuance of bonded indebtedness in accordance with the method set forth in Resolution No. 21381 (the "Resolution of Intention"); and WHEREAS, the landowners of record within the Property as of the close of the public hearing held on October 5, 2005, unanimously consented to a waiver of the time limits for seating the election and a waiver of any written analysis, arguments or rebuttals as set forth in California Government Code sections 53326 and 53327. Such waivers are set forth in written certificates executed by the landowners which are on file with the City Clerk as election official (the "Election Official") concurring therein; and WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Mello -Roos Community Facilities Act of 1982 (the "Act'), the special election was held on October 5, 2005; and WHEREAS, there has been presented to this Legislative Body a Certificate of the Election Official as to the Results of the Canvass of the Election Returns (the "Certificate of the Election Official'), a copy of which is attached hereto as Exhibit "A". THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the above recitals are all true and correct. Section 2. The canvass of the votes cast at the special election held in the District on October 5, 2005, as shown in the Certificate of the Election Official, is hereby approved and confirmed. Section 3. Proposition A presented to the qualified electors for receipt by the Election Official on October 5, 2005, has received a unanimous vote of the qualified electors voting Resolution No. 21418 Page 2 at said election, and Proposition A has carried. The Legislative Body is hereby authorized to take the necessary steps to levy the special tax authorized by Proposition A and to issue from time to time as it deems appropriate, bonds for the District secured by such special tax. Section 4. The City Clerk is hereby directed to enter the title of this Resolution on the minutes of the Legislative Body and to indicate the official declaration of the result of such special election. Section 5. The Legislative Body hereby authorizes the levy of a special tax at the Rate and Method of Apportionment set forth in Exhibit C to the Resolution of Intention. Section 6. Pursuant to and in compliance with the provisions of Government Code Section 50075.1, the Legislative Body hereby establishes the following accountability measures pertaining to the levy by the District of the Special Tax described in Section 3 above: A. Such Special Tax with respect to the District shall be levied for the specific purposes set forth in Proposition A and Section 3 hereof. B. The proceeds of the levy of such Special Tax shall be applied only to the specific purposes set forth in Section 3 hereof and Proposition A referred to therein. C. The District shall establish an account or accounts into which the proceeds of I such Special Tax shall be deposited. D. The City Manager or Director of Finance & Treasurer, or his designee, acting for and on behalf of the District, shall annually file a report with the City Council as required pursuant to Government Code Section 50075.3. Section 7. The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of Riverside a notice of special tax lien in the form required by the Act, said recording to occur no later than fifteen days following adoption by the City Council of this Resolution. Section 8. This Resolution shall take effect immediately upon its adoption. Section 9. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. r Resolution No. 21418 Page 3 1 ADOPTED this 51h day of October, 2005. t, �F David H. Ready, City Manager ATTEST: ames Thompson, City —Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21418 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 October 5, 2005, by the following vote: AYES: Councilmembers Foat, Mills, Pougnet and Mayor Pro Tern McCulloch NOES: None A13SENT: Mayor Oden ABSTAIN: None Ties Thompson, City Clerk Resolution No. 21418 Page 4 EXHIBIT A CITY OF PALM SPRINGS, CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS CERTIFICATE OF THE ELECTION OFFICIAL AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk in my capacity as Elections Official in the City of Palm Springs, California, whose City Council is the legislative body of Community Facilities District No. 2005-2 (Escena) of the City of Palm Springs, DO HEREBY CERTIFY, that pursuant to the provisions of Section 53325.4 of the Government Code and Division 15, commencing with Section 15000 of the Elections Code of the State of California, 1 did canvass the return of the votes cast at the Special Tax Election on October 5, 2005, held in COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) ' OF THE CITY OF PALM SPRINGS FURTHER CERTIFY that the Statement of All Votes Cast, to which this certificate is attached, shows the total number of ballots cast within the District, and the totals of the respective columns and the totals as shown for the Proposition are full, true and correct. WITNESS my hand and Official Seal this 5m day of October, 2005. CITY OF PALM SPRINGS, CALIFORNIA, whose City Council is the LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS Thompson, City Clerk Resolution No. 21418 Page 5 COMMUNITY FACILITIES DISTRICT NO. 2005-2 (ESCENA) OF THE CITY OF PALM SPRINGS STATEMENT OF ALL VOTES CAST SPECIAL TAX ELECTION OCTOBER 5, 2005 Qualified Landowner Votes Votes Cast YES NO City of Palm Springs, Community 196 196 196 0 Facilities District No. 2005-2 (Escena) of the City of Palm Springs, Special Election, October 5, 2005 PROPOSITION A SUBMITTED TO VOTE OF VOTERS Shall the Community Facilities District No. 2005-2 (Escena) of the City of Palm Springs (the "District') incur an indebtedness and be authorized to issue bonds in the maximum aggregate principal amount of $21,000,000 with interest at a rate or rates established at such time as the bonds are sold in one or more series at fixed or variable interest rates, however not to exceed any applicable statutory rate for such bonds, the proceeds of which will be used to finance or refinance (1) the purchase, construction, modification, expansion, improvement or rehabilitation of certain real or other tangible property, including all furnishings, equipment and supplies related thereto and the payment of development, impact and other fees of public agencies (collectively, the "Facilities"), which Facilities have a useful life of five years or longer; and (2) the payment and retirement of assessments in Assessment District No. 155 of the City of Palm Springs; and (3) the funding of a Reserve Account; and (4) the incidental expenses to be incurred in connection with financing the Facilities, and administering the District (the "Incidental Expenses"), as provided in Resolution of Intention No. 21381, adopted by the City Council of the City of Palm Springs on July 20, 2005, declaring its intention to establish Community Facilities district No. 2005-2 (Escena) of the City of Palm Springs (the 'Resolution"); and shall a Special Tax be levied to pay the principal of and interest on such indebtedness and bonds and to pay directly the cost of acquisition and construction of Facilities and Incidental Expenses as authorized in the Resolution; and shall an appropriations limit be established for the District pursuant to Article XIIIB of the California Constitution, said appropriations limit to be equal to the amount of all proceeds of the special tax collected annually, as adjusted for changes in the cost of living and changes in population?