HomeMy WebLinkAbout24483 RESOLUTION NO. 24483
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF A SPECIAL ANNEXATION LANDOWNER
ELECTION, DETERMINING VALIDITY OF PRIOR
PROCEEDINGS, AND DIRECTING THE RECORDING OF
AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN FOR
ANNEXATION NO. 19, DREAM HOTEL, TRACT MAP NO.
35236, INTO COMMUNITY FACILITIES DISTRICT NO.
2005-1 (PUBLIC SAFETY SERVICES).
WHEREAS, under the Mello-Roos Community Facilities Act of 1982 (Sections
53311 and following, California Government Code; hereafter referred to as the "Act'), the
City Council of the City of Palm Springs (the "City") previously conducted proceedings to
establish the City of Palm Springs Community Facilities District No. 2005-1 (Public Safety
Services) (the "District'); and
WHEREAS, in proceedings conducted by this City Council pursuant to the Act, this
City Council has adopted a Resolution entitled "A Resolution of the City Council of the
City of Palm Springs, California, Authorizing Annexation No. 19, Dream Hotel, Tract Map
No. 35236, into Community Facilities District No. 2005-1 (Public Safety Services),
Authorizing the Levy of a Special Tax, and Submitting the Levy of Special Tax to Qualified
Electors," (the "Resolution of Annexation"), which called for a special election of the
qualified landowner electors in the territory of land proposed to be annexed to the District;
and
WHEREAS, pursuant to the terms of the Resolution of Annexation, which is by this
reference incorporated herein, the special election has been held and the City Clerk has
on file a Canvass and Statement of Results of Election, (the "Canvass") a copy of which
is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it
appropriate, and wishes to complete its proceedings for the annexation of territory into
the District.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, HEREBY
RESOLVES, DETERMINES, AND APPROVES AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The issue presented at the special election was the levy of a special
tax within the territory annexed to the District, to be levied in accordance with the formula
heretofore approved by this City Council, all as described in Resolution No. 24469,
entitled "A Resolution of the City Council of the City of Palm Springs, California, Declaring
Resolution No. 24483
Page 2
its Intention to Annex Territory into a Community Facilities District and to Authorize the
Levy of Special Taxes for City of Palm Springs Community Facilities District No. 2005-1,
(Public Safety Services), Annexation No. 19, Dream Hotel, Tract Map No. 35236,"
adopted by this City Council on July 18, 2018.
SECTION 3. Pursuant to the Canvass on file with the City Clerk, the issue
presented at the special election was approved by the landowners of the territory annexed
to the District by more than two-thirds (2/3) of the votes cast at the special election.
SECTION 4. Pursuant to the voter approval, the annexed territory is hereby
declared to be fully annexed to and part of the District and this City Council may levy
special taxes therein as heretofore provided in these proceedings.
SECTION 5. It is hereby found that all prior proceedings and actions taken by this
City Council with respect to the District and the territory annexed thereto were valid and
in conformity with the Act.
SECTION 6. Within 15 days of the date of adoption hereof, the City Clerk shall
execute and cause to be recorded in the office of the County Recorder of the County of
Riverside, an Amendment to Notice of Special Tax Lien, as required by Section 3117.5
of the California Streets and Highways Code.
SECTION 7. This Resolution shall take effect upon its adoption.
PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 5ch DAY OF SEPTEMBER, 2018.
DAVID H. READY, E PH.D.
CITY MANAGER
ATTEST:
(ANtHONY C
CITY CLERK
Resolution No. 24483
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24483 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 September 5, 2018, by the
following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this a day of ,
HONY J JI
CITY CLERK
Resolution No. 24483
Page 4
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 19
DREAM HOTEL, TRACT MAP NO. 35236
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on September 5, 2018, 1 canvassed the returns of the election held
on September 5, 2018, for the City of Palm Springs Community Facilities District No.
2005-1 (Public Safety Services) Annexation No. 19, and the total number of votes cast
in such election and the total number of votes cast for and against the measure are as
follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner Votes Votes Votes
Votes Cast YES NO
City of Palm Springs Community
Facilities District No. 2005-1 (Public
Safety Services) Annexation No. 19 8
Special Tax Election, September 5, 2018
BALLOT MEASURE: Shall the City of Palm Springs, by and for its
Community Facilities District No. 2005-1 (Public Safety Services) (the
"CFD"), be authorized to annually levy a special tax within the territory
identified as Annexation No. 19 to the CFD in accordance with the rate and
method of apportionment described in the Resolution of Intention adopted
by the City Council of the City of Palm Springs on July 18, 2018?
Yes:
No:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on
SEPTEMBER 5, 2018.
By:
LmNY J JIA
CITY CLERK