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Home My WebLink About22068 - RESOLUTIONS - 10/17/2007 RESOLUTION NO. 22068 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A SPECIAL ELECTION IN THE CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN. WHEREAS, the City Council of the City of Palm Springs (the "City Council") previously adopted a resolution determining the necessity for the City of Palm Springs Community Facilities District No. 2007-1 (Public Safety Services) (the "CFD"), to finance additional police services, fire protection and suppression services, and life safety services, and calling a special election on the proposition of (i) the annual levy of special taxes on taxable property within the CFD to finance additional police services, fire protection and' suppression services, and life safety services within the CFD, and (ii) the establishment of an appropriations limit for the CFD; and WHEREAS, the City Council also previously adopted a resolution calling a special election (the "Election Resolution") for submitting to the voters of the CFD the proposition with respect to the annual levy of special taxes on taxable property within the CFD to finance additional police services, fire protection and suppression services, and life safety services within the CFD, and the proposition with respect to the establishment of an appropriations limit for the CFD; and WHEREAS, the City Council has received a statement from the City Clerk of the City of Palm Springs (the "City Clerk"), who, pursuant to the Election Resolution, was authorized to conduct the special election and act as the election official therefore, with respect to the canvass of the ballots returned, and the results of the special election, certifying that more than two-thirds of the votes cast upon the propositions submitted to the voters in the special election were cast in favor of approving all such propositions, a copy of which is attached as Exhibit "A" hereto and incorporated herein by this reference; and WHEREAS, at this time the has been measure voted upon and such measure did receive the favorable 2/3's vote of the qualified electors, and the City Council desires to declare the results of the election; and WHEREAS, a map showing the territory to be included in the CFD (hereafter referred to as the "Boundary Map"), a copy of which is attached as Exhibit "B" hereto and incorporated herein by this reference, and a list of Assessor Parcel Numbers, Owners and Authorized Representatives, a copy of which is attached as Exhibit "C" hereto and incorporated herein by this reference, has been submitted to the City Council. NOW, THEREFORE, IT IS HEREBY RESOLVED DETERMINED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM SPRINGS: Resolution No. 22068 Page 2 SECTION 1 Findings. The City Council finds that: (i) there were less than 12 persons registered to vote within the boundaries of the CFD at the time of the close of the protest hearing on October 17, 2007, and pursuant to Section 53326 of the California Government Code ("Section 53326") the vote in the special election was, therefore, to be by the owner's authorized representatives within the CFD, each having one vote for each acre or portion of an acre of land that he or she owned within the CFD at the time of the special election; (ii) pursuant to Section 53326 and the Election Resolution, the City Clerk distributed the ballots for the special election to the authorized representatives of all of the land included within the boundaries of the CFD (collectively the "Property Owners") by overnight mail with return postage prepaid; (iii) the Property Owners waived the time limits for holding the special election and the election date specified in Section 53326, and consented to the calling and holding of the special election on October 17, 2007; (iv) the special election has been properly conducted in accordance with all statutory requirements and the provisions of the Election Resolution; (v) pursuant to Section 53326, the Property Owners, which owned approximately 14 acres, were entitled to a total of 14 votes; (vi) the ballots were returned to the City Clerk prior to 6:00 p.m. on October 17, 2007, by the Property Owners; (vii) the ballots returned to the City Clerk by the Property Owners voted all votes to which it was entitled in favor of all propositions set forth therein; (viii) more than two-thirds of the votes cast in the special election on each such proposition were cast in favor thereof, and pursuant to Sections 53328 and 53329 of the California Government Code, all such propositions carried; (ix) the City Council may annually levy special taxes on taxable property within the CFD in amounts sufficient to finance additional police services, fire protection and suppression services, and life safety services within the CFD; and (xi) an appropriations limit for the CFD has been established in the amount of $4,000,000. SECTION 2 Declaration of Results. All votes voted in the special election on the propositions with respect to the annual levy of special taxes on taxable property within the CFD to finance additional police services, fire protection and suppression services, and life safety services within the CFD; and the establishment of an appropriations limit in the amount of $4,000,000 for the CFD were voted in favor thereof, and all such propositions carried. SECTION 3 Effect of Elections. The effect of the results of the special election, as specified in Section 2 hereof, is that the City Council, as the legislative body of the CFD, is authorized to have the CFD annually levy special taxes on taxable property within the CFD in an amount sufficient to finance additional police services, fire protection and suppression services, and life safety services within the CFD, at the special tax rates and pursuant to the methodology for determining and apportioning such special taxes which are set forth in Exhibit "A" to the Resolution of Formation adopted by the City Council on October 17, 2007, and an appropriations limit has been established for the CFD in the amount of$4,000,000. Resolution No. 22068 Page 3 SECTION 4 Notice of Special Tax Lien. The City Clerk shall record a notice of special tax lien pursuant to Section 53328.3 of the California Government Code and Section 3114.5 of the California Streets and Highways Code. ADOPTED this 171h day of October, 2007. fir• David H. Ready, Ci anager ATTEST: i ames 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. 22068 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 171h day of October, 2007, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: Councilmember McCulloch. ABSENT: None. ABSTAIN: None. rp X, es Thompson, City Clerk 6,6ity of Palm Springs, California Resolution No. 22068 Page 4 EXHIBIT A CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST Resolution No. 22068 Page 5 CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) The undersigned, Election Official of the City of Palm Springs, County of Riverside, State of California, does hereby certify that pursuant to the provisions of Section 53326 of the Government Code and Division 12, commencing with Section 17000 of the Elections Code of the State of California, I did canvass the returns of the votes cast at the CITY OF PALM SPRINGS COMMUNITY FACILITIES DISTRICT NO. 2007-1 (PUBLIC SAFETY SERVICES) SPECIAL ELECTION in the CFD, held on October 17, 2007. 1 further certify that this Statement of Votes Cast shows the whole number of votes cast in the area proposed to be included in Community Facilities District No. 2007-1 (Public Safety Services) of the City of Palm Springs for or against the Measure are full, true and correct. VOTES CAST ON PROPOSITION A: YES 10 NO 0 VOTES CAST ON PROPOSITION B: YES 10 NO 0 WITNESS my hand this 17th day of October, 2007: es Thompson, City Clerk y of Palm Springs m N mo � c o. C'{ 7Y O MAP OF PROPOSED BOUNDARIES OF �+=`-Er cr x N ! COMMUNFTY FACILITIES DISTRICTNO.20O7-1 N 0 {PUBLIC SAFETY SERVICES} m EfEYCi illRl 4'Pl`M39 NIMYRF%YERSICE SrR:E[fCRiFOWN LT Sy arm � nrulrwu,M * Tcj;r w rcp u irci�wnn��urc. �trM,�nrKY.Ran wcva�ry ww�ar,cm [mp6n�Ort W m MW�,• J lul o f4 +I��rnm��--1xI �aA q x� �� 3u-1 J osrcreaaanr ®Mun[Fina RCi31 Resolution No. 22068 Page 8 EXHIBIT C ASSESSOR'S PARCEL NUMBERS, OWNERS AND AUTHORIZED REPRESENTATIVES Resolution No. 22068 Page 9 ASSESSOR'S PARCEL NUMBERS, OWNERS AND AUTHORIZED REPRESENTATIVES ASSESSOR'S OWNER NAME AUTHORIZED REPRESENTATIVE PARCEL NO. THE UNITED STATES OF Fred R. Razzar, Executive Director 508-600-004 AMERICA of the Agua Caliente Development Authority THE UNITED STATES OF Fred R. Razzar, Executive Director 508-600-006 AMERICA of the Agua Caliente Development Authority