HomeMy WebLinkAbout21581 - RESOLUTIONS - 5/17/2006 RESOLUTION NO. 21581
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, MAKING CERTAIN
FINDINGS, CERTIFYING THE RESULTS OF AN ELECTION
AND ADDING PROPERTY TO COMMUNITY FACILITIES
DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES),
ANNEXATION NO. 1.
WHEREAS, the City Council of the City of Palm Springs (the "City Council"), has
previously formed a Community Facilities District pursuant to the provisions of the "Mello-
Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the
Government Code of the State of California, said Article 3.5 thereof. The existing
Community Facilities District being designated as Community Facilities District No. 2005-1
(Public Safety Services) (hereafter referred to as CFD No. 2005-1); and,
WHEREAS, the City Council initiated proceedings to annex certain territory to Community
Facilities District No. 2005-1 (Public Safety Services), Annexation No. 1 (hereafter referred
to as "Annexation No. 1"); and
WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 1 has
been received from the property owner or owners of such territory; and
WHEREAS, less than twelve (12) registered voters have resided within the territory of
Annexed Area for each of the ninety (90) days preceding May 17, 2006, therefore,
pursuant to the Act the qualified electors of Annexation No. 1 shall be the "landowners" of
Annexation No. 1as such term is defined in Government Code Section 53317(f) and each
such landowner who is the owner of record, or the authorized representative thereof, shall
have one vote for each acre or portion of an acre of land that she or he owns within
Annexation No. 1; and
WHEREAS, the time limit specified by the Act for conducting an election to submit the levy
of the special taxes on the property within Annexation No. 1 to the qualified electors of
Annexation No. 1 and the requirements for impartial analysis and ballot arguments have
been waived with the unanimous consent of the qualified electors of Annexation No. 1; and
WHEREAS, the City Clerk of the City of Palm Springs has caused ballots to be distributed
to the qualified electors of Annexation No. 1, has received and canvassed such ballots and
made a report to the City Council regarding the results of such canvas, a copy of which is
attached as Exhibit A hereto and incorporated herein by this reference; and
WHEREAS, at this time the measure voted upon and such measure did receive the
favorable 2/3's vote of the qualified electors, and the City Council desires to declare the
results of the election; and
WHEREAS, a map showing the territory to be annexed and designated as Annexation No.
1 (hereafter referred to as the "Annexation Map"), a copy of which is attached as Exhibit B
hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers
Resolution No. 21581
Page 2
and landowners, a copy of which is attached as Exhibit C hereto and incorporated herein ,
by this reference, has been submitted to the City Council.
NOW, THEREFORE, BE IT RESOLVED, determined and ordered by the City Council for
the City of Palm Springs Community Facilities District No. 2005-1, Annexation No. 1 as
follows:
Section 1 Recitals The above recitals are all true and correct.
Section 2 Findings This City Council does hereby determine as follows:
(a) The unanimous consent to the annexation of Annexation No. 1 to CFD No.
2005-1 has been given by all of the owners within Annexation No. 1 and such
consent shall be kept on file in the Office of the City Clerk.
(b) Less than twelve (12) registered voters have resided within the territory of
Annexation No. 1 for each of the ninety (90) days preceding May 17, 2006,
therefore, pursuant to the Act the qualified electors of Annexation No. 1 shall be the
"landowners" of such Annexation No. 1 as such term is defined in Government
Code Section 53317(f).
(c) The qualified electors of Annexation No. 1 have unanimously voted in favor
of the levy of special taxes within Annexation No. 1 upon its annexation to CFD No.
2005-1.
Section 3 Annexed Area The boundaries and parcels of territory within Annexation No. ,
1 and on which special taxes will be levied in order to pay for the costs and expenses of
authorized Public Safety Services are shown on the Annexation Map as submitted to and
hereby approved by this City Council.
Section 4 Declaration of Annexation The City Council does hereby determine and
declare that Annexation No. 1 is now added to and becomes a part of CFD No. 2005-1.
The City Council, acting as the legislative body of CFD No. 2005-1, is hereby empowered
to levy the authorized special tax within Annexation No. 1.
Section 5 Notice Immediately upon adoption of this Resolution, notice shall be given as
follows:
An Amendment to the Notice of Special Tax Lien (Notice of Annexation) shall be
recorded in the Office of the County Recorder no later than fifteen (15) days after
the date of adoption of this Resolution.
ADOPTED this 171h Day of May, 2006.
Resolution No. 21581
Page 3
David H. Ready, �*"anager
ATTEST:
GWhes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMF_S THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21581 is a full, true and correct copy as was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on May 17, 2006, by the following
vote:
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet,
Mayor Pro Tern Foat and Mayor Oden
NOES: None
A13SENT: None
A13STAIN: See Minutes of this meeting for abstentions.
�I;�'mes Thompson, City Clerk
City of Palm Springs, California
Resolution No. 21581
Page 4
Exhibit A '
CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
The undersigned, ELECTION OFFICIAL OF THE CITY OF PALM SPRINGS, COUNTY
OF RIVERSIDE, STATE OF CALIFORNIA, DOES HEREBY CERTIFY that pursuant to the
provisions of Section 53326 of the Government Code and Division 12, commencing with
Section 17000 of the Elections Code of the State of California, I did canvass the returns of
the votes cast at the
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES)
ANNEXATION NO. 1
SPECIAL ELECTION
in the City, held on May 17, 2006.
1 FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes
cast in the area proposed to be annexed, Annexation No. 1 to Community Facilities District '
No. 2005-1 (Public Safety Services) of the City of Palm Springs for or against the Measure
are full, true and correct.
VOTES CAST ON PROPOSITION A: YES 41
NO 0
VOTES CAST ON PROPOSITION B: YES 41
NO 0
WITNESS my hand this 17th day of May, 2006
ity Clerk, James Thompson
J City of Palm Springs
PAGE10F4
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ANNEXATION NO. 1
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THE RIVERSIDE COUNNY ASSESSORS MAPS SHAH GOVERN FOR ALL DETAILS ANNEXATION BOUNDARY
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Exhibit C
LIST OF PROPERTIES TO BE ANNEXED
ASSESSOR OWNER TRACT
PARCEL NO.
504-140-005 Palm Springs Modern Homes IV, LLC 31940
504-140-006 Palm Springs Modern Homes IV, LLC 31940
504-140-015 Palm Springs Modern Homes IV, LLC 31940
505-030-007 Mrs. Edith Armstrong McCorkle 28668
501-190-012 CCCE, LLC / CHI 32675
511-042-011 111/Camino Real LLC & Oceo Corp. 32732
511-042-012 111/Camino Real LLC & Oceo Corp. 32732
669-441-013-2 Sherman Las Vegas Road Housing, Inc. 33161
508-034-008-4 Alejo Caballeros 33577
504-310-035 Via Escuela Land Partners, LLC 33542
669-330-038 PS Venture India Canyon/San Rafael, 33561
LLC
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