HomeMy WebLinkAbout24103 RESOLUTION NO. 24103
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
PROCEEDING, AND DIRECTING THE RECORDING OF
AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN
FOR ANNEXATION NO. 13, BOULDERS, TRACT MAP NO.
31095 AND CRESCENDO, TRACT MAP NO. 31766, 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. 13, Boulders, Tract
Map No. 31095 and Crescendo, Tract Map No. 31766, 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.
Resolution No. 24103
Page 2
24068, 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
Authorize the Levy of Special Taxes for City of Palm Springs Community Facilities
District No. 2005-1, (Public Safety Services), Annexation No. 13, Boulders, Tract Map
No. 31095 and Crescendo, Tract Map No. 31766," adopted by this City Council on
August 3, 2016.
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 (213) 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 2151 DAY OF SEPTEMBER, 2016.
DAVID H. READY, CITY
ATTEST:
MES THOMPSON, CITY CLERK
Resolution No. 24103
Page 3
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. 24103 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 21, 2016, by the
following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts,
Mayor Pro Tern Mills, and Mayor Moon.
NOES: None.
ABSENT: None.
ABSTAIN: None.
,JO1ES THOMPSON, CITY CLERK
ity of Palm Springs, California
EXHIBIT A
CITY OF PALM SPRINGS
COMMUNITY FACILITIES DISTRICT NO. 2005-1
(PUBLIC SAFETY SERVICES)
ANNEXATION NO. 13
BOULDERS, TRACT 31095 AND
CRESCENDO, TRACT 31766
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on September 21, 2016, 1 canvassed the returns of the election held on
September 21, 2016, for the City of Palm Springs Community Facilities District No. 2005-1 (Public
Safety Services) Annexation No. 13, 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. 13 73 73 73 0
Special Tax Election, September 21, 2016
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. 13 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 August 3, 2016.
Yes: X
No:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON SEPTEMBER 21, 2016.
By:
mes Thompson, City Clerk
City of Palm Springs