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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 X SIP. TEI 10 MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA Trevt 33561 '6 1 �+ AGIAT q$5E$SOR SITE L NO. PARCEL NO. NO. - •X 1 fifi9330A38 1 SITE 2 x V c'n(V M T SOUTH LINE WHITEWATEq CkgN MT ASSESSOR SITE NEC NO. 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THE LINES AND DIMENSIONS OF EACH LAT OR PARCEL SHOWN ON THIS LEGEND DIAGRAM SHALL BE THOSE LINES AND DIMENSIONS AS SHOWN ON THE RIVERSIDE COUNTY ASSESSORS MAPS FOR THOSE PAPCEL9 USTlED THE RIVERSIDE COUNNY ASSESSORS MAPS SHAH GOVERN FOR ALL DETAILS ANNEXATION BOUNDARY CONCERNING THE UNEB AND DIMENSIONS OF SUCH LOTS OR PARCELS ASSESSMENTNUMBER MuniFinancial PAGE 2 OF4 a MAP OF PROPOSED BOUNDARIES OF x 0 COMMUNITY FACILITIES DISTRICT NO. 2005-1 srrE (PUBLIC SAFETY SERVICES) Li VIO-NO ANNEXATION NO. 1 - CITY OF PALM SPRINGS COUNTY OF RIVERSIDE �x STATE OF CALIFORNIA Ta IL 9 4 G u V'c'n'N M ap a m x �T � W LEGEND ANNEXATION BOUNDARY iQ ASSESSMENTNUMBER 6 ASN 6)5 ASO.O. ASSESS O N N PAPCEL NO t °A1-1911Al2 �7 1 4 MuniFinancial PAGc30FI x MAP OF PROPOSED BOUNDARIES OF COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 1 CITY OF PALM SPRINGS COUNTY OF RIVERSIDE r STATE OF CALIFORNIA �I' = T2d33161 999999 ASNII' ASSESSOR SRE PARCEIo.,ND. N0. fifi9-061 013 2 LAS VEGAS RD V'cnN Mao \ 0 X I T2C1335T/ ARI.R ASSESSDfl SITE NO. PMCELNO. NO. 1 saeaxuae 1 r+ ALEIO RD W RADIO RD Illlullll Illlullll w < I J � W z_ �� �?� < o O FT ¢ m S N 6 6 ¢ Q W N O U LEGEND AMADO RD ANNEXATION BOUNDARY 0 ASSESSMEWNUM35R MuniFinancial 1— ..I. see-soo r v jiiq 5on�slo MAP OF PROPOSED BOUNDARIES OF PAGE 4 OF SI El o COMMUNITY FACILITIES DISTRICT NO.2005-1 x (PUBLIC SAFETY SERVICES) X ANNEXATION NO. 1 51 CITY OF PALM SPRINGS COUNTY OF RIVERSIDE STATE OF CALIFORNIA '4 R E P �\0 / � P y0� GPI P� V"c n"iv Mao P<� `o w o m w x Tl.d$1540 < ASMT A55E550R SRE �- NO PAPCELNO. NO. 1 SON40W5 rF' 2 SU4I�OGCG 1 Tmct 39542 3 504110-015 � ASMt A55E550F SfIE W p I � NO. PARCEL HO NO. I` � 1 504310035 2 7 a GORTEZ flO 9 . c 0 Q2 r f a p q, v Q LEGEND 9`- YO 4y, ANNEXATION BOUNDARY J 0�09 1Q ASSESSMENT NUMBER y RACQUET CLUB RD �i MuniFlnancial 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 1