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Home My WebLink About21940 - RESOLUTIONS - 6/20/2007 RESOLUTION NO. 21940 ' 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. 4 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, Park 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. 4 (hereafter referred to as "Annexation No. 4"); and WHEREAS, at this time the unanimous consent to the annexation of Annexation No. 4 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 June 20, 2007, therefore, pursuant to the Act the qualified electors of Annexation No. 4 shall be the "landowners" of Annexation No. 4 as 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. 4; 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. 4 to the qualified electors of Annexation No. 4 and the requirements for impartial analysis and ballot arguments have been waived with the unanimous consent of the qualified electors of Annexation No. 4; and WHEREAS, the City Clerk of the City of Palm Springs has caused ballots to be distributed to the qualified electors of Annexation No. 4, 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. 4 (hereafter referred to as the "Annexation Map"), a copy of which is Resolution No. 21940 Page 2 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. 4 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. 4 to CFD No. 2005-1 has been given by all of the owners within Annexation No. 4 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. 4 for each of the ninety (90) days preceding June 20, 2007, therefore, pursuant to the Act the qualified electors of Annexation No. 4 shall be the "landowners" of such Annexation No. 4 as such term is defined in Government Code Section 53317(f). (c) The qualified electors of Annexation No. 4 have unanimously voted ' in favor of the levy of special taxes within Annexation No. 4 upon its annexation to CFD No. 2005-1. Section 3 Annexed Area. The boundaries and parcels of territory within Annexation No. 4 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. 4 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. 4. 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 20TH DAY OF JUNE, 2007. ' David H. Ready�iyManager Resolution No. 21940 Page 3 ' ATTEST: tfies 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. 21940 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 Tern Pougnet, and Mayor Oden. NOES: Councilmember McCulloch. ABSENT: None. ' ABSTAIN: None. a es Thompson, City Clerk ity of Palm Springs, California EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST b CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST ' STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON , CITY CLERK 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. 4 SPECIAL ELECTION held in the City, held on June 20, 2007. 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. 4 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 39 NO 1 VOTES CAST ON PROPOSITION 2: YES 39 NO 1 WITNESS MY HAND THIS 20TH DAY OF JUNE, 2007. � r mes Thompson, City Clerk City of Palm Springs, California 1 EXHIBIT B BOUNDARY MAP MAP OF PROPOSED BOUNDARIES OF ��• COMMUNITY FACILITIES DISTRICT NO,2U05-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO.4 PTYCF F1JlI YP14G4 lCt.1fY Of N.FIGYE M1sa=>K�rcnirnau.l�S~uxv BfAIECG GVWJ1Y14 iiaWlOn.i TVO��On�pYi�I � n�c W[Ill-ic5:\.OIxpAAw.Yol[DX.Itl Mm,n�rttl WON�W1M�fTEC.IM VR4ws VySA TTYY�4�b fllY fAY� LN.S 4a�uM�..�p�ll VirnifAi��.* w ¢e.n�RnC.4N«n'flAtva.RAT ff WfwN —F 0 o Fw e rca mu AN1E�AiV1 MYd3! wM uniFenancial o EXHIBIT C LIST OF PROPERTIES TO BE ANNEXED 1 1 LIST OF PROPERTIES TO BE ANNEXED PROPERTY DESCRIPTION PROPERTY OWNER 510-020-023 Smoke Tree, Inc Lot 1 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8, 2007 in Book 416 at RPE Investments, LTD Pages 1-5 Lot 2 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8, 2007 in Book 416 at Ms. Grace Jones Ross, Trustee Pages 1-5 Lot 3 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8, 2007 in Book 416 at Edward T.Wheeler& Katrina Wheeler Pages 1-5 Lot 4 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8, 2007 in Book 416 at L'Apache, LLC Pages 1-5 Lot 5 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8, 2007 in Book 416 at Howard W. Harris & Mabel M. Harris Pages 1-5 Lot 6 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8, 2007 in Book 416 at Peter M. Sears Pages 1-5 Lot 7 within Tract 33878-1, which Tract Map was recorded with the Riverside County Recorder on February 8, 2007 in Book 416 at Ralph E. Erickson &Janet C. Erickson, Trustee Pages 1-5 All land on APNs 510-090-001 and 510-020-032, excluding Lots 1-7 on Tract 33878-1, which Tract Map was recorded with the Riverside Smoke Tree, Inc County Recorder on February 8, 2007 in Book 416 at Pages 1-5