HomeMy WebLinkAbout23724 RESOLUTION NO. 23724
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
(ANNEXATION NO. 5).
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 titled "A Resolution of the City Council of the
City of Palm Springs, California, Authorizing the Annexation of Territory 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
DOES HEREBY RESOLVE AS FOLLOWS:
1. The foregoing recitals are true and correct.
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. 23701, titled
"A Resolution of the City Council of the City of Palm Springs, California, Declaring its
Intention to Authorize the Annexation of Territory to Community Facilities District No.
2005-1 (Public Safety Services) and to Authorize the Levy of Special Taxes Therein
Annexation No. 5" adopted by this City Council on November 5, 2014,
Resolution No. 23724
Page 2
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.
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.
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.
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.
7. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY
COUNCIL THIS 17T" DAY OF DECEMBER, 2014.
David H. Ready, �jcf a ger
ATTEST:
ames Thompson, City Clerk
Resolution No. 23724
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. 23724 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 17T" day of
December, 2014, by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Mayor Pro Tern Lewin,
and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: Councilmember Mills.
es Thompson, City Clerk
City of Palm Springs, California
Resolution No. 23724
Page 4
EXHIBIT A
City of Palm Springs
Community Facilities District No. 2005-1
Annexation No. 5
CANVASS AND STATEMENT OF RESULT OF ELECTION
I hereby certify that on December 17, 2014, 1 canvassed the returns of the
election held on December 17, 2014, for the City of Palm Springs Community Facilities
District No. 2005-1 (Public Safety Services) Annexation No. 5 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. 5 Special Tax 0 8
Election, December 17, 2014 11 8 11 8 8 0
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. 5 to the CFD in accordance with the rate and
method of apportionment described in Resolution No. 23701 adopted by
the Council of the City of Palm Springs on November 5, 2014?
Yes:
No:
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND ON
DECEMBER 17, 2014.
By 1
dames Thompson, City Clerk
City of Palm Springs