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HomeMy WebLinkAbout21429 - RESOLUTIONS - 10/19/2005 RESOLUTION NO. 21429 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005- 1 PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN THE COMMUNITY FACILITIES DISTRICT TO FINANCE POLICE PROTECTION SERVICES, AND FIRE PROTECTION AND SUPPRESSION SERVICES THEREIN AND THE ESTABLISHMENT OF AN APPROPRIATIONS LIMIT. WHEREAS, pursuant to Section 53325.1 of the California Government Code the City Council (the "City Council") of the City of Palm Springs (the "City") has adopted the resolution of formation for the City of Palm Springs Community Facilities District No. 2005-1, County of Riverside, State of California (the "District"), establishing the District and the boundaries thereof (the "Resolution of Formation"); and WHEREAS, by that resolution, the City Council called special elections on the propositions to be submitted to the voters of the District with respect to the formation of the District and the levy of special taxes therein for the financing of police protection services, fire protection and suppression services, and other services as defined within the District; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of the District the annual levy of special taxes on taxable property within the District; and WHEREAS, pursuant to Section 53325.7 of the California Government Code and the provisions of the Code, the City Council may also submit to the voters of the District a proposition for the establishment of an appropriations limit for the District; and WHEREAS, the City Clerk has advised the City Council that she has received a statement from the Registrar of Voters of the County of Riverside that no persons are registered to vote in the territory of the District; NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS: SECTION 1. Findings. The City Council finds that: (i) the foregoing recitals are true and correct; (ii) 12 persons have not been registered to vote within the territory of the District for each of the 90 days preceding the close of the public hearing on October 19, 2005; (iii) pursuant to Section 53326 of the California Government Code, as a result of 1 the findings set forth in clause (ii) above, the vote in the special election called by this resolution shall be by the landowners of the District whose property would be subject to the special taxes if they were levied at the time of the election, and each landowner shall have one vote for each acre, or portion thereof, which he or she owns within the Resolution No. 21429 Page 2 District which would be subject to the proposed special taxes if they were levied at the ' time of the election; (iv) the owners of all of the land in the District by written consent (a) waived the time limits set forth in Section 53326 of the California Government Code for holding the election called by this resolution and the election on the propositions (b) consented to the holding of the election on October 19, 2005, (c) waived notice and mailed notice of the time and date of the election, (d) waived an impartial analysis by the City Attorney of the ballot propositions pursuant to Section 9280 of the California Elections Code and arguments and rebuttals pursuant to Sections 9281 to 9287, inclusive, and 9295 of that Code, and mailing of a statement pursuant to Section 9401 of that Code, and (e) waived a synopsis of the measures to be included in the official ballot for said elections pursuant to Section 12111 of that Code; and (v) the City Clerk (the "City Clerk") has consented to the holding of the election on October 19, 2005. SECTION 2. Call of Election. The City Council hereby calls and schedules a election for October 19, 2005, on the proposition of the annual levy of special taxes on taxable property within the District to finance police protection services, fire protection and suppression services, and other services as defined, within the District, and on the proposition of the establishment of an appropriations limit for the District. SECTION 3. Propositions. (a) The propositions to be submitted to the voters of the District at such special election shall be as follows: Proposition A: Shall special taxes be levied annually on taxable property within City of Palm Springs Community Facilities District No. 2005-1, County of Riverside, State of California (the "District'), so long as the special taxes are needed to pay for additional police protection services, and fire protection and suppression services therein and to pay expenses incidental thereto and to the levy and collection of the special taxes at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of Palm Springs on October 19, 2005? Proposition B: Shall an appropriations limit, as defined by subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Palm Springs Community Facilities District No. 2005-1, County of Riverside, State of California, in the amount of$115,500,000? SECTION 4. Conduct of Election. Except as otherwise provided in Section 6 hereof, the consolidated special elections shall be conducted by the City Clerk in accordance with the provisions of the California Elections Code governing mail ballot elections of cities, and in particular the provisions of Division 4 (commencing with Section 4000), of that Code, insofar as they may be applicable. SECTION 5. Election Procedures. The procedures to be followed in conducting the , consolidated special elections on (i) the proposition with respect to the levy of special taxes on taxable property within the District to pay for police protection services and fire Resolution No. 21429 Page 3 Protection and suppression services within the District, and (ii) the proposition with respect to the establishment of an appropriations limit for the District in the amount of $115,500,000 shall be as follows: (b) (a) Pursuant to Section 53326 of the California Government Code, ballots for the Special Elections shall be distributed to the qualified electors by the City Clerk by mail or by personal service. (c) Pursuant to applicable sections of the California Elections Code governing the conduct of mail ballot elections of cities, and in particular Division 4 (commencing with Section 4000) of that Code with respect to election conducted by mail, the City Clerk, or designated official shall mail or deliver to each qualified elector an official ballot in the appropriate form attached hereto as Exhibit "A," and shall also mail or deliver to all such qualified electors a ballot pamphlet and instructions to voter, including a sample ballot identical in form to the official ballot but identified as a sample ballot, a return identification envelope addressed to the City Clerk for the return of voted official ballots and a copy of the Resolution of Formation adopted by the City Council on October 19, 2005. (d) The official ballot to be mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the name of the landowner- voter and the number of votes to be voted by the landowner-voter and shall have appended to it a certification to be signed by the person voting the official ballot which shall certify that the person signing the certification is the person who voted the official ballot, and if the landowner-voter is other than a natural person, that he or she is an officer of or other person affiliated with the landowner-voter entitled to vote such official ballot, that he or she has been authorized to vote such official ballot on behalf of the landowner-voter, that in voting such official ballot it was his or her Intent, as well as the intent of the landowner-voter, to vote all votes to which the landowner-voter is entitled based on its land ownership on the propositions set forth in the official ballot as marked thereon in the voting square opposite each such proposition, and further certifying as to the acreage of the landowner-voter's land ownership within the District. (e) The return identification envelope mailed or delivered by the City Clerk to each landowner-voter shall have printed or typed thereon the following: (i) the name of the landowner, (ii) the address of the landowner, (iii) a declaration under penalty of perjury stating that the voter is the landowner or the authorized representative of the landowner entitled to vote the enclosed ballot and is the person whose name appears on the identification envelope, (iv) the printed name and signature of the voter, (v) the address of the voter, (vi) the date of signing and place of execution of the declaration, and (vii) a notice that the envelope contains an official ballot and is to be opened only by the City Clerk. 1 (f) The information to voter form to be delivered by the City Clerk to the landowner-voters shall inform them that the official ballots shall be returned to the City Clerk properly voted as provided thereon and with the certification appended Resolution No. 21429 Page 4 thereto properly completed and signed in the sealed return identification envelope with the certification thereon completed and signed and all other information to be inserted thereon properly inserted by 6:00 p.m. on the 19th day of October 2005; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (g) Upon receipt of the return identification envelopes, which are returned prior to the voting deadline on the date of the elections, the City Clerk shall canvass the votes cast in the election, and shall file a statement with the City Council as to the results of such canvass and the election on each proposition set forth in the official ballot. ADOPTED this 19" day of October, 2005. David H. Ready, City Ntan ATTEST: a es Thompson, City C erk 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. 21429 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 19, 2005, by the following vote: AYES: Councilmembers Foat, Mills, Pougnet and Mayor Oden NOES: Mayor Pro Tern McCulloch ABSENT: None ABSTAIN: None Thompson, City Clerk ;jmes y of Palm Springs, California , Resolution No, 21429 Page 5 EXHIBIT OFFICIAL BALLOT CONSOLIDATED SPECIAL ELECTIONS FOR CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 COUNTY OF RIVERSIDE STATE OF CALIFORNIA This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Springs no later than 6:00 p.m. on October 19, 2005, either by mail or in person. The City Clerk's office is located at 3200 East Tahquitz Canyon Way, Palm Springs, California, 92262. To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All other distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Springs and obtain another. PROPOSITION A: Shall special taxes be levied annually on Yes ❑ taxable property within City of Palm Springs Community Facilities District No. 2005-1, County of Riverside, State of California (the "District"), so long as the special taxes are needed to pay for ❑ additional police protection services, and fire protection and No suppression services therein and to pay expenses incidental thereto and to the levy and collection of the special taxes at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council of the City of Palm Springs on October 19, 2005? PROPOSITION B: Shall an appropriations limit, as defined by Yes ❑ subdivision (h) of Section 8 of Article XIII B of the California Constitution, be established for City of Palm Springs Community Facilities District No. 2005-1, County of Riverside, State of ❑ California, in the amount of$115,500,000? No