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HomeMy WebLinkAbout23873 RESOLUTION NO. 23873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING ANNEXATION NO. 2, 18 @ TWIN PALMS, TRACT MAP NO. 36651, INTO COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES), AUTHORIZING THE LEVY OF A SPECIAL TAX, AND SUBMITTING THE LEVY OF SPECIAL TAX TO QUALIFIED ELECTORS. 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. 2007-1 (Public Safety Services) (the "District'), and WHEREAS, this City Council on July 15, 2015, adopted its Resolution No. 23860 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. 2007-1, (Public Safety Services), Annexation No. 2, 18 @ Twin Palms, Tract Map No. 36651," (the 'Resolution of Intention') stating its intention to annex the territory to the District pursuant to the Act; and WHEREAS, a copy of the Resolution of Intention, incorporating a description and map of the proposed boundaries of the territory to be annexed to the District, stating the services to be funded by the District and the rate and method of apportionment of the special tax to be levied within the District to pay for the services is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; and WHEREAS, on the date hereof, this City Council held a noticed public hearing as required by the Act and the Resolution of Intention relative to the proposed annexation of territory to the District; and WHEREAS, at the hearing all interested persons desiring to be heard on all matters pertaining to the annexation of territory to the District and the levy of special taxes within the area proposed to be annexed were heard and a full and fair hearing was held; and WHEREAS, prior to the closing of the hearing, no written or oral protests had been made against the proposed annexation of territory to the District by (i) any registered voter residing in the existing District, or (ii) any registered voter residing in the territory proposed to be annexed to the District, or (iii) any of the owners of land in the Resolution No. 23873 Page 2 existing District, or (ii) any of the owners of land in the territory proposed to be annexed to the District; and WHEREAS, Annexation Map No. 2 to the District has been filed with the County Recorder of the County of Riverside, which map shows the territory to be annexed in these proceedings, and a copy of the map is on file with the City Clerk. 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. All prior proceedings taken by this City Council with respect to the District and the proposed annexation of territory thereto, identified as Annexation No. 2, (18 @ Twin Palms, Tract Map No. 36651), have been duly considered and are hereby determined to be valid and in conformity with the Act, and the District has been validly established pursuant to the Act. SECTION 3. The boundaries of the territory to be annexed to the District, as set forth in the map entitled "Annexation Map No. 2 of Community Facilities District No. 2007-1 (Public Safety Services)," on file with the City Clerk and heretofore recorded in the Riverside County Recorder's Office on July 28, 2015, in Book 78 at Page 47 of Maps of Assessment and Community Facilities Districts are hereby finally approved, are incorporated herein by this reference, and shall be included within the boundaries of the District, and said territory is hereby ordered annexed to the District, subject to voter approval of the levy of the special taxes therein as hereinafter provided. SECTION 4. The provisions of the Resolution of Intention is, by this reference incorporated herein, as if fully set forth herein. SECTION 5. Pursuant to the provisions of the Act, the proposition of the levy of the special tax within the territory to be annexed to the District shall be submitted to the qualified electors of the area to be annexed to the District at an election called therefor as hereinafter provided. SECTION 6. This City Council hereby finds that fewer than 12 persons have been registered to vote within the territory proposed to be annexed to the District for each of the 90 days preceding the close of the public hearing heretofore conducted and concluded by this City Council for the purposes of these annexation proceedings. Accordingly, and pursuant to Section 53326 of the Act, this City Council finds that the qualified electors for purposes of the annexation election are the landowners within the territory proposed to be annexed to the District and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the territory proposed to be annexed to the District. Resolution No. 23873 Page 3 SECTION 7. This City Council hereby calls a special election to consider the measure described in Section 5 above, which election shall be held in the meeting room of the City Council immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file the Resolution of Intention, a certified map of the proposed boundaries of the territory to be annexed to the District, and a sufficient description to allow the City Clerk to determine the boundaries of the territory to be annexed to the District. SECTION 8. The voted ballots shall be returned to the City Clerk no later than immediately following the adoption of this Resolution; and when the qualified electors have voted the election shall be closed. SECTION 9. Pursuant to Section 53327 of the Act, the election shall be conducted by hand-delivered ballot pursuant to the California Elections Code. SECTION 10. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit "A" hereto. The ballot indicated the number of votes to be voted by each landowner. SECTION 11. The ballot was accompanied by all supplies and written instructions necessary for the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is the owner of record or authorized representative of the landowner entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing City Council. SECTION 12. Analysis and arguments with respect to the ballot measures are hereby waived, as provided in Section 53327 of the Act. SECTION 13. The City Clerk shall accept the ballots of the qualified electors in the City of Palm Springs City Council meeting room upon and prior to the adoption of this Resolution, whether the ballot is personally delivered or is received by mail. The City Clerk shall have ballots available which may be marked at said location on the election day by the qualified electors. SECTION 14. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a minimum of 90 days following the adoption of this Resolution to elapse before said special election is for the protection of the qualified electors of the territory to be annexed to the District. The ballots to be executed by the qualified electors of the area to be annexed to the District contains a waiver of any time limit pertaining to the conduct of the election and a waiver of any requirement for ballot Resolution No. 23873 Page 4 measure analysis and arguments in connection with the election. Accordingly, this City Council finds and determines that, to the extent that the qualified elector submits its ballot, the qualified elector will have been fully apprised of and have agreed to the shortened time for the election and waiver of ballot measure analysis and arguments, and will have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. SECTION 15. This Resolution shall take effect upon its adoption. PASSED, APPROVED, AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 2"d DAY OF SEPTEMBER, 2015. DAVID H. READY, CIIXJdANAGER ATTEST: C a MES 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. 23873 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 2nd day of September, 2015, by the following vote: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, AYES: Mayor Pro Tern Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. AMES THOMPSON, CITY CLERK City of Palm Springs, Californiaoliq Lois Resolution No. 23873 Page 5 EXHIBIT A CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) ANNEXATION NO. 2 18 @ TWIN PALMS, TRACT 36651 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 September 2, 2015, 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. BALLOT MEASURE: Shall the City of Palm Springs, by and for its Community Facilities District No. 2007-1 (Public Safety Services) (the "CFD"), be authorized to annually levy a special tax within the territory YES: identified as Annexation No. 2 to the CFD in accordance with the rate and method of NO: apportionment described in the Resolution of Intention adopted by the Council of the City of Palm Springs on July 15, 2015? ""provided, however, Agua Caliente Band of Cahuilla Indians does not waive, limit, or alter (a) its taxation rights or authority under 25 C.F.R. Part 162 or any successor regulations, as same may be amended from time to time, or (b) its tribal sovereign immunity, except only as expressly provided in this Ballot. By execution in the space provided below, you also confirm your written waiver of the time limit pertaining to the conduct of the election and any requirement for analysis and arguments with respect to the ballot measure. Number of Votes: Property Owner: Agua Caliente Band of Cahuilla Indians, a federally recognized Indian Tribe Riverside County Assessor's Parcel Number: 511-041-003 By: