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HomeMy WebLinkAbout21936 - RESOLUTIONS - 6/20/2007 ' RESOLUTION NO. 21936 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, CALLING A SPECIAL ELECTION AND SUBMITTING TO THE VOTERS OF ANNEXATION NO. 3 OF THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2005-1 (PUBLIC SAFETY SERVICES) PROPOSITIONS REGARDING THE ANNUAL LEVY OF SPECIAL TAXES WITHIN ANNEXATION NO. 3 TO FINANCE PUBLIC SAFETY SERVICES, 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 (hereafter referred to as the "City") has adopted the resolution authorizing the annexation of territory to City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services), County of Riverside, State of California (hereafter referred to as "CFD No. 2005-1"); and WHEREAS, by that resolution, the City Council called special elections on the propositions to be submitted to the voters of the territory proposed to be annexed to CFD No. 2005-1 (hereafter referred to as "Annexation No. 3") with respect to the levy of special taxes therein for the financing of public safety services within CFD No_ 2005-1; and WHEREAS, pursuant to Section 53326 of the California Government Code, it is necessary that the City Council submit to the voters of Annexation No. 3 the annual levy of special taxes on taxable property within Annexation No. 3; 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 Annexation No. 3 a proposition for the establishment of an appropriations limit for Annexation No. 3; 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 there are less than 12 persons registered to vote within Annexation No.3. 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. 3 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 to be ' annexed to CFD No. 2005-1 for each of the 90 days preceding the close of the public hearing on June 20, 2007; (iii) pursuant to Section 53326 of the California Government Code, as a result of 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 territory to be annexed to CFD No. 2005-1, 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 Resolution No. 21936 Page 2 each acre, or portion thereof, which he or she owns within Annexation No. 3 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 Annexation No. 3 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 June 20, 2007, (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 (hereafter referred to as the "City Clerk") has consented to the holding of the election on June 20, 2007. SECTION 2 Call of Election. The City Council hereby calls and schedules a election for June 20, 2007, on the proposition of the annual levy of special taxes on taxable property within Annexation No. 3 to CFD No. 2005-1 to finance public safety services within the CFD No. 2005-1, and on the proposition of the establishment of an appropriations limit for Annexation No. 3 to CFD No. 2005-1. SECTION 3 Propositions. The propositions to be submitted to the voters of Annexation No. 3 at such special election shall be as follows: Proposition A: Shall special taxes be levied annually on taxable property within Annexation No. 3 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit B to the Resolution of Formation (Resolution No. 21428) 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 XIIIB of the California Constitution, be established for Annexation No. 3 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), 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 Annexation No. 3 to CFD No. 2005-1 to pay for public Resolution No. 21936 Page 3 safety services, and (ii) the proposition with respect to the establishment of an ' appropriations limit for Annexation No. 3 to CFD No. 2005-1 in the amount of $115,500,000 shall be as follows: (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- (b) 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, a return identification envelope addressed to the City Clerk for the return of voted official ballots- (c) 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 Annexation No. 3 to CFD No. 2005-1. (d) 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. (e) 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 thereto Resolution No. 21936 Page 4 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 20th day of June 2007; provided that if all qualified electors have voted, the elections shall be closed with the concurrence of the City Clerk. (f) 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 20r" DAY OF JUNE, 2007.--- David H. Ready,,G�y Manager 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. 21936 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 20th day of June, 2007, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: Councilmember McCulloch ABSENT: None. ABSTAIN: None. J im�esThom�psonity Clerk ' City of Palm Springs, California Resolution No. 21936 Page 5 1 EXHIBIT A OFFICIAL BALLOT Resolution No. 21936 Page 6 CF pRLM SA,k ' ti 'y V r�j n7A � w C'$[IFpRNYA,. OFFICIAL BALLOT SPECIAL ELECTION City of Palm Springs Community Facilities District No. 2005-1 (Public Safety Services) Annexation No. 3 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 June 20, 2007, 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 distinguishing marks otherwise made 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 taxable property within Annexation No. 3 of the City of Palm Springs Community Facilities District 7yes 2005-1 (Public Safety Services), County of Riverside, State of California (the "District"); and to levy and collect such special taxes so long as the special taxes are needed to pay for police services, fire protection and suppression services at the special tax rates and pursuant to the method of apportioning the special taxes set forth in Exhibit B to the Resolution of Formation (Resolution No. 21428) E] No 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 XIIIB of the California Constitution, be established for ElYes Annexation No. 3 of the City of Palm Springs Community Facilities District 2005-1 (Public Safety Services), County of Riverside, State of California, in the amount of$115,500,000? No Number of votes: Tract: Project Name: Property Owner: By: rf4