HomeMy WebLinkAbout24348 RESOLUTION NO. 24348
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. 18, ENCLAVE AT BARISTO,
TRACT MAP NO. 37245, 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. 18, Enclave at Baristo,
Tract Map No. 37245, 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.
24332, entitled "A Resolution of the City Council of the City of Palm Springs, California,
Declaring its Intention to Annex Territory into a Community Facilities District and to
Resolution No. 24348
Page 2
Authorize the Levy of Special Taxes for City of Palm Springs Community Facilities
District No. 2005-1, (Public Safety Services), Annexation No. 18, Enclave at Baristo,
Tract Map No. 37245," adopted by this City Council on November 15, 2017.
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 3Id DAY OF JANUARY, 2018.
DAVID H. READY, ES
ATT ST: CITY MANAGER
. 1
J
ON ME C
CITY CLER
Resolution No. 24348
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. 24348 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 the 3rd day of January, 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 -2-t�t- day of �?
A HONY J. ,
CITY CLERK
Resolution No. 24348
Page 4
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 18
ENCLAVE AT BARISTO, TRACT MAP NO. 37245
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on January 3, 2018, 1 canvassed the returns of the election held on
January 3, 2018, for the City of Palm Springs Community Facilities District No. 2005-1
(Public Safety Services) Annexation No. 18, 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. 18 5
Special Tax Election, January 3, 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. 18 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
November 15, 2017?
Yes:
No:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on January 3, 2018.
By:
NTHON J. , MMC
ITY CLE K