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Home My WebLink About21763 - RESOLUTIONS - 11/15/2006 RESOLUTION NO. 21763 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. 2. 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. 2 (hereafter referred to as "Annexation No. 2"); and WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 2 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 November 15, 2006, therefore, pursuant to the Act the qualified electors of Annexation No. 2 shall be the "landowners" of Annexation No. gas 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. 2; 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. 2 to the qualified electors of Annexation No. 2 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 2; and WHEREAS, the City Clerk of the City of Palm Springs has caused ballots to be distributed to the qualified electors of Annexation No. 2, 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 Resolution No. 21763 Page 2 WHEREAS, a map showing the territory to be annexed and designated as Annexation No. 2 (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 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. 2 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. 2 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 2 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. 2 for each of the ninety (90) days preceding November 15, 2006, therefore, pursuant to the Act the qualified electors of Annexation No. 2 shall be the "landowners" of such Annexation No. 2 as such term is defined in Government Code Section 53317(f). (c) The qualified electors of Annexation No. 2 have voted in favor of the levy of special taxes within Annexation No. 2 upon its annexation to CFD No. 2006-1. Section 3 Annexed Area. The boundaries and parcels of territory within Annexation No. 2 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. 2 is now added to and becomes a part of CFD No. 2005-1. The City Council, acting as the legislative body of CFD No. 2006-1, is hereby empowered to levy the authorized special tax within Annexation No. 2, 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. ' Resolution No. 21763 Page 3 ADOPTED THIS 15th day of November, 2006. David H. Ready,C anager ,ATTEST: es 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. 21763 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 the 15th day of November, 2006, by the following vote: AYES: Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: Councilmember McCulloch. ABSENT: Councilmember Mills. ,ABSTAIN: None. ies Thompson, City Clerk ity of Palm Springs, California EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST 1 CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) I 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. 2 SPECIAL ELECTION in the City, held on November 15, 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. 2 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 1: YES 61 NO 0 VOTES CAST ON PROPOSITION 2: YES 61 NO 0 WITNESS my hand this 15th day of November, 2006, �yit' Clerk, James Thompson /Ct y of Palm Springs $HEFT 1 OF O MAP OF PROPOSED BOUNDARIES OF ' COMMUNITY FACILITIES DISTRICT NO.2005-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.2 Cm'OF PALM SPRINGS COONtt CF PJVERSIOE STATE OF OALIMPINIA J frW Pwcn4 w nLW ix Ywc Crn[COF'/x[[.m¢rnH M._CnV OF Y0.tl I NERWY CIIiTFYTNTTIE WIIIIIN LUP8HIMHV PROPCCEODWea�a[v CFAYXFYATCN NC RTO CCMAYNIIYF/Gap ga'IRICTIKI.AbFt RNEMNOE ffkEOFC FORNIAWABAPFRRWEYBYT YCm WY L OFTIECRYCF PNMBPRIN09ATAIIEOOUR NEER@T1WW M— ONIHE_WYOF 10G�PYR9RE'AVRW x] C[WY RK CIIYCFPA smtiOB RI T118_OAYOF ROW,ATTLXOI W OCICCJC�N IXTIE BOOK�CF MMFBOFAWE88NEMAW CdlY11NRYFACJtRIW OIHINICIB ATPMEI51-..-�INIHE CRIGC CF T1E C W NIY PECO110ER COIIXIT OF PNFP810E,6TATE OF CNIP]RNK Ptc MMtuMEMNP. lnFlN W.NO.w:SE'.9OM1[OIINIYGERK RECORDER OYPEPxIY Y ' CQUIM EP]PCCR ,,UNW wuxlroFRNERNOE REFERENCE I9NWETOTNTNIENOW BWN0.Wl MAPOf[ tlNOY HGIIItlW OIS1RCT W.' 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Ic 9]IGOO; .M.10 Tw mawao awx +4+ mason a+.n LEGEND F� ANNE%ATION T)punpAAY A559nMFNTNUM8ER g� 2 dr F5 vu ecupA � ' ® MuniFinancial nM M W� 1 EXHIBIT C LIST OF PROPERTIES TO BE ANNEXED LIST OF PROPERTIES TO BE ANNEXED TRACT APN Palm Springs Development Name 33933 501-020-016 The Murano by Enterprise Companies 33341 502-530-001 to 502-530- 156 @ Tahquitz by Palm Springs Modern Homes 003 33341 502-530-007 to 502-530- 156 @ Tahquitz by Palm Springs Modern Homes 039 33341 502-530-073 156 @ Tahquitz by Palm Springs Modern Homes 33341 502-540-001 to 502-540- 156 @ Tahquitz by Palm Springs Modern Homes 040 33341 502-540-061 to 502-540- 156 @ Tahquitz by Palm Springs Modern Homes 062 33341 502 540-077 156 @ Tahquitz by Palm Springs Modern Homes 33341 502-541-027 to 502-541- 156 @ Tahquitz by Palm Springs Modern Homes 082 33341 502-541-084 156 @ Tahquitz by Palm Springs Modern Homes 33936 508-060-015 Terra Vita by D.L. Freeman 30350 677-030-001 Alexander Vista Estates by Contempo Homes 33443 677-030-032 Alexander Village II by Contempo Homes: , Tribal land 1