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Home My WebLink AboutRes 2021-23RESOLUTION NO. 2021-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING THE RESULTS OF A SPECIAL ELECTION IN CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021- 1 (UNIVERSITY PARK) AND DIRECTING THE RECORDING OF A NOTICE OF SPECIAL TAX LIEN RECITALS: WHEREAS, in proceedings heretofore conducted by the City Council of the City of Palm Desert (the "City Council") pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, Chapter 2.5 of Part 1 of Division 2 of Title 5, commencing with Section 53311, of the California Government Code (the "Act"), the City Council adopted on May 13, 2021 a resolution entitled "A Resolution of the City Council of the City of Palm Desert Calling a Special Election Within City of Palm Desert Community Facilities District No. 2021-1 (University Park)" (the "Resolution Calling Election"), calling for a special election (the "Special Election") of the qualified electors within Community Facilities District No. 2021-1 (University Park) (the "District"); and WHEREAS, pursuant to the terms of said resolution, which are by this reference incorporated herein, the Special Election was held on May 13, 2021, and the City Clerk has on file a Certificate of the City Clerk as to the Results of the Canvass of the Election Returns (the "Certificate"), a copy of which is attached hereto as Exhibit "A" and by this reference incorporated herein; and WHEREAS, this City Council has reviewed said Certificate and hereby approves it. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT DOES HEREBY RESOLVE, FIND, DECLARE AND ORDER AS FOLLOWS: Section 1. Recitals. The above recitals are all true and correct. Section 2. Ballot Propositions. The issues presented at the Special Election were Propositions A and B, as set forth in Exhibit "B" attached hereto and by this reference incorporated herein. Section 3. Election Results. The results of the Special Election are as set forth in the Certificate on file with the City Clerk and attached hereto as Exhibit "A". Pursuant to the Certificate, Propositions A and B presented at the Special Election were approved by more than two-thirds of the votes cast by the qualified electors of the District. Section 4. Ballot Propositions Authorized. This City Council, acting in its capacity as legislative body of the District, is hereby authorized to levy on the land within the District the special tax described in Proposition A for the purposes described therein, to take the necessary steps to levy the special tax authorized by Proposition A, and to issue one or more series of bonds in an amount not to exceed $50,000,000 as specified -1- W:1Staff Reports - Shared 21Staff Reports 05-13-202114 -City Clerk - 05-13-2021124 - 2 - Resolutions Staff Report on Election and Levy103 Resolution Declaring Results of Election (Palm Desert CFD 2021-1 Univ Park) 5.13 21 DOCX RESOLUTION NO. 2021-23 in Proposition A. The appropriations limit as specified in Proposition B is hereby established. Section 5. Findina of Validity. It is hereby found that all prior proceeding and actions taken by this City Council with respect to the District were valid and in conformity with the Act. Section 6. Notice of Special Tax Lien. The City Clerk is hereby directed to record in the office of the County Recorder of the County of Riverside within fifteen (15) days of the date hereof a notice of special tax lien with respect to the District in substantially the form required by California Streets and Highways Code Section 3114.5. Section 7. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this 13th day of May, 2021, by the following vote, to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: /72 M. GLORIA ANCHEZ, ACT1' CITY CLERK CITY OF LM DESERT CA ORNIA KATHLEEN ELLY, (MAY OR-1 -2- W:1Staff Reports - Shared 2\Staff Reports 05-13-202114 -City Clerk - 05-13-2021124 - 2 - Resolutions Staff Report on Election and Levy\03 Resolution Declaring Results of Election (Palm Desert CFD 2021-1 Univ Park) 5.13 21.DOCX RESOLUTION NO. 2021-23 1 1 1 EXHIBIT "A" CERTIFICATE OF THE CITY CLERK AS TO THE RESULTS OF THE CANVASS OF THE ELECTION RETURNS CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT NO. 2021 1 (UNIVERSITY PARK) I, M. Gloria Sanchez, Acting City Clerk of the City of Palm Desert, hereby certify that I canvassed the returns of the Special Election in the City of Palm Desert Community Facilities District No. 2021-1 (University Park) and that the election was held in the Chambers of the City Council at 73-510 Fred Waring Drive, Palm Desert, California, 92260 on May 13, 2021. I further certify that the total number of ballots cast in said election and the total number of votes cast for and against Propositions A and B are full, true and correct: Qualified Eligible Voters Proposition A Proposition B Votes Cast Yes No 166 X 166 X IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 13th day of May, 2021. By: M. LORIA ANC Z, ACTING ITY CLERK CITY OF ALM DESERT, CALI ORNIA A-1 W:1Staff Reports - Shared 2\Staff Reports 05-13-202114 -City Clerk - 05-13-2021124 - 2 - Resolutions Staff Report an Election and Levy103 Resolution Declaring Results of Election (Palm Desert CFD 2021-1 Um Park) 5 13 21.DOCX RESOLUTION NO. 2021-23 EXHIBIT "B" PROPOSITION A: Shall the City of Palm Desert, on behalf of City of Palm Desert Community Facilities District No. 2021-1 (University Park) (the "District"), subject to the accountability measures provided in the resolutions entitled "A Resolution of Formation of the City Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities District No. 2021-1 (University Park), to Make Findings Under the California Environmental Quality Act With Respect Thereto, to Establish an Appropriations Limit Therefor, to Authorize the Levy of a Special Tax Therein, and to Submit the Establishment of an Appropriations Limit and the Levy of a Special Tax to the Qualified Electors Thereof' (the "Resolution of Formation") and "A Resolution of the City Council of the City of Palm Desert to Declare the Necessity to Incur Bonded Indebtedness within City of Palm Desert Community Facilities District No. 2021-1 (University Park)" (the "Resolution of Necessity"), incur an indebtedness and issue one or more series of bonds in the maximum aggregate principal amount of $50,000,000, with interest at a rate or rates not to exceed the maximum interest rate permitted by law at the time of sale of such bonds, to finance the facilities and incidental expenses described in the Resolution of Formation and the Resolution of Necessity; and shall a special tax with a rate and method of apportionment as provided in the Resolution of Formation and the Resolution of Necessity be levied annually on lands within the District to pay for the facilities, incidental expenses, and other purposes described in the Resolution of Formation and the Resolution of Necessity, including the payment of principal and interest on bonds issued to finance the facilities, incidental expenses, and the costs of the City of Palm Desert in administering the District? PROPOSITION B: Shall City of Palm Desert Community Facilities District No. 2021-1 (University Park) (the "District") establish an Article XIIIB appropriations limit for the District at an amount equal to all the proceeds of the special tax collected annually within the District and as defined by Article XIIIB of the California Constitution, as adjusted for changes in the cost of living and changes in population? B-1 W:1Staff Reports - Shared 21Staff Reports 05-13-202114 -City Clerk - 05-13-2021124 - 2 - Resolutions Staff Report on Election and Levy103 Resolution Declaring Results of Etethon (Palm Desert CFD 2021-1 1Sniv Park) 5.13 21 DOCX