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HomeMy WebLinkAbout21430 - RESOLUTIONS - 10/19/2005 RESOLUTION NO. 21430 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN. RECITALS: WHEREAS, in proceedings heretofore conducted by the City Council of the City of Palm Springs (the "City Council") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"), the City Council adopted on October 19, 2005 a resolution entitled "A Resolution of the City Council of the City of Palm Springs Calling a Special Election within City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services)" (the "Resolution Calling Election"), calling for a special election (the "Special Election") of the qualified electors within Community Facilities District No. 2005-1 (Public Safety Services) (the "District"); and WHEREAS, pursuant to the terms of said resolution, which are by this reference 1 incorporated herein, the Special Election was held on October 19, 2005, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the "Certificate"), a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein; and WHEREAS, this City Council has reviewed said Certificate and hereby approves it. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS AS FOLLOWS: 1. Recitals. The above recitals are all true and correct. 2. Ballot Propositions. The issues presented at the Special Election were Propositions A and B, as set forth in Exhibit "B" attached hereto and by this reference incorporated herein. 3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit "A". Pursuant to the Certificate, Propositions A and B presented at the Special Election were approved by the qualified electors of the District. 4. Ballot Propositions Authorized. This City Council, acting in it's capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition A for the purposes described therein and to take the necessary steps to levy the special tax authorized by Proposition A and to issue one or more series of bonds in an amount not to exceed $115,500,000 Resolution No. 21430 Page 2 as specified in Proposition A. The appropriations limit as specified in Proposition B is hereby established. 5. Finding of Valid it . It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act. 6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5. ADOPTED this 19th day of October, 2005. David H. Ready, City Ma ATTEST: mes Thompson, City lerk ' 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. 21430 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 J mes Thompson, City Clerk ity of Palm Springs, California Resolution No. 21430 Page 3 EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS I, James Thompson, City Clerk of the City of Palm Springs, hereby certify that I canvassed the returns of the Special Election in the City of Palm Springs Community Facilities District No. 2005-1 (the "District'), that the election was held in the Chambers of the City Council at 3200 East Tahquitz Canyon Way, Palm Springs, California 92262 on October 19, 2006. 1 further certify that the total number of ballots cast in said election and the total number of votes cast for and against the measure are full, true and correct: Community Facilities District No. 2005-1 Qualified of the City of Palm Springs, Eligible Votes Special Tax Election, October 19, 2005. Voters Cast Yes No 385 385 355 30 Proposition A 385 385 355 30 Proposition B IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 191h day of October 2005. g� fees Thompson, City CPerk--- tatty of Palm Springs Resolution No. 21430 Page 4 EXHIBIT B , 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? '