HomeMy WebLinkAboutCC RES 92-024" RESOlUTION N0. 92-21
A RESOLUTION CALIING SPECIAL ELECTION
RECITALS
1. On March 12. 1992, this City CounCii edopted e resolutlon
entitied "A Resolutton of Formation of C1ty of Palm Desert
Community Facilities District no. 91-1 tindian Rtdge Public
Irnprovements) Authorizing the Levy of a Special Tax Within
the 0lstrict, Preliminarily Establishing an Appropriatfons
L imit for the District and Submitting Levy of the Special
Tax and the Establishment of the Appropriattons limit to the
Qualified Electors of the District" (the "Resolution of
Formatton")� ordering the formation of City of Palm Desert
Community Facilities Dtstrict No. 91-1 (lndian Ridge Publtc
Improvements) (the "District"), authori2ing the levy of a
special tax on property within the 01strlct and
prelimtnarily establishing an appropriettons lfmit for the
Oistrict;
2. On thfs date. thls City Council also adopted e resolution
entttled "A Resolutton Dete�minin9 the Necessity to Incur
6onded Indebtedness wlthin the City of Palm Desert Community
Facilittes Oistrict no. 91-1 (Indian Ridge Public
(mprovements) and Submitttng the Proposition to the
Qualifted Electors of the District" (the "Resolutton to
Incu� [ndebtedness"), determining the necessity to incur
bonded indebtedness in the aggregate prfnclpal emount of
i35,000,000 upon the security of said special tax to be
levied wlthin the District; and
3. Pursuant to the provlsio�s of seid resolutions, the
propositlons of the levy of seid specfel tax, the
establishme�t of the appropriationa limit and the 1ncu�rt�g
of the bonded indebtedness shall be submitted to the
quelified elector� of the District as requtred by the Mello-
Roos Community Facilittes Act of 1982, as emended (the
"Act").
NOW, THEREFORE, THE C[TY COUNCIL OF THE CITY OF PAIM DESERT
DOES HEREBY RESOLVE AS FOILOWS:
Sectfon 1. Pursuant to Sections 53326. 53353.5 end 53325.7
of the Act, the lssues of the levy of satd speciel tax. the
incurring of bonded lndebtedness and t�e establishment of safd
appropriations limit shail be submitted to the qualifted electors
of the D1st�ict et en election calted therefor as provided below.
Section 2. As authorized by Section 53353.5 of the Act, the
three propositlons described tn paregraph 1 above shetl be
combfned into a single ballot meesure, the form of which is
attached hereto as Exhibit "A" and by thls reference incorporated
RESOLUTION N0. �-24
�
herein. Said form of•ballot is hereby approved.
Section 3. This City Council hereby finds that fewer than
12 persons have been registered to vote within the territory of
the District for each of the ninety {90) days preceding the close
of the public hearings heretofor.e conducted and concluded by this
City Council for the purposes of these proceedings. Accordingly�
and pursuant to Sectlon 53326 of the Act, this C1ty Council finds
that for purposes of these proceedings the qualified electors are
the landoNners Wlthin the District and that the vote shall be by
said landowners or their authorized representatives. each �aving
one vote for each acre or portion thereof such landowner owns in
the Dlstrict as of the close of said public hearings.
Section 4. This City Councll hereby calis a special
election to consider the measures described tn paragraph 2 above.
whfch electton shall be held irnrnedlately after the adoption of
this Resolutlon. at the City Council Chambers. 73-510 Fred Waring
Drive, Palm Desert, California. The City Clerk is hereby
destgnated as the officiai to conduct said election. It is
hereby acknowledged that the City Cierk has on file the
Resolution of Formation. a certified map of the proposed
boundaries of the Otstrict and a suffictent descriptlon to alloa
the City Clerk to determine the bounderies of the District. �
The voted ballots sha11 be retu�ned immediately to the City
C 1 erk but not 1 ater than the t i me of the ad journment of the
meeting at which this Resolution was adopted.
Sectton 5. Pursuant to Sectlon 53327 of the Act, the
election shaii be conducted by mail batlot pursuant to Section
1340 of the Cellfornta Electtons Code. This City Councll hereby
finds that paregraphs (a), (b), (c)(1) and (c)(3) of said Section
1340 are applicable to this special election.
Sectton 6. Th1s C1ty Council dlrects that the City Clerk
cause to be dellvered to each of the quallfted electors of the
District a ballot in the form set forth in Exhiblt "A" hereto.
Each ballot shall indtcate the number of votes to be voted by the
respective tandoaner to which it pertalns.
Each ballot shell be accompanied by all supplles and written
instructions necessary for use and return of the bellot. The
envelope to be used to return the ballot shall be enclosed with
the ballot, have the return postage prepaid, and contaln the
following: (a) the name and eddress of the lendowner, (b) a
declaratlon, under penalty of perjury, stating that the voter ts
the owner of record or authorized representative of the lendowner
entttied to vote and Is the person whose name eppeers on the
2
RESOLUTION N0. 9'"L-21
enveloPe, (c) the prfnted name, signature and address of the
voter� (d) the date of signing and place of executlon of the
declaration described fn clause (b) above, and (e) a notice that
the envelope contains en official ballot and is to be opened only
by the canvasstng board.
Analysts and arguments wlth respect to the ballot measures
are hereby waived. as provided in Section 53327 of the Act.
Sectlon 7. The City Clerk shall eccept the ballots of the
qualified electors in the regular meeting place of thts City
Council, in the City Hall. City Councll Chambers, 73-510 Fred
waring Drive. Palm Desert, Californla. until the time of the
adjournment of the meeting at which this Resolution was adopted
Nhether satd ballots be personaliy delivered or received by mail.
The City Clerk shall have availabie at said locatlon bailots
Nhich may be marked on the election day by said qualified
electors.
Section 8. This City Counctl hereby further finds that the
provision of Section 53326 of the Act requiring a minlmum of 90
days fo l l ow i ng the adopt ion of the Reso l ut 1on of Format ton to
elapse before sefd special election is for the protectlon of the
quallfted electors of the District. The petition of the
landowner within the District to establish the District contained
a wa i ver of the t ime 1 im i t perta i n i ng to the conduct of the
election. Accordingly, this Cfty Council finds and determines
that said qualified elector has been fuily apprised of and has
agreed to the shortened tlme for the election and has thereby
been fully protected in these p�oceedtngs. This City Council
a 1 s o f i nds and determ t nes that the C i ty C 1 erk has concurred i n
the shortened time for the election.
Section 9. The City Clerk 1s hereby directed to publish in
a neNspeper of generei ctrculation circulating withtn the area of
the 0 i str t ct a copy of th 1 s Resoi ut 1on end e copy of the
Resolutton to Incur Indebtedness, as soon as practicable after
the date of adoption of this Resolution.
3
0
RESOLUTION N0. ��-24 '
I HERE6Y CERTIFY that the foregaing resolutton was duly and
regularly adopted by the Ctty Council of the City of Palm Desert.
Riverslde County� Caltfornia� at a meeting thereof. held on the
12th day of March. 1992► by the following vote, to w1t:
AYES: BENSON� CRITES. SNYDER. W[LSON, KELLY
NOES: NONE
ABSENt: NONE
ARSTAIN: NONE
,
ATTEST: - - ,;�
� � . � � �� f . � ��
, 1 . .` ,
Sheila R. Gilligan, Ci�"ty Clerk
� '
Rlchard S. Kelly. May
4
��.SU� �TI�`i ';0. ; _-?
EBHIBIT a
CITY OF P� DESERT
Community Facilities Dist=ict No. 91-1
(Indisn Ridqe Public Improvements)
OFFZCIPiL BPiLI�OT
SPECIAL TA% ELECTION
This ballot is for a special, landowner election. You
must return this ballot in the enclosed postaqe paid envelope
to the office of the City Clerk of the City of Palm Desert no
later than the time of adjournment of the reqular meeting of
the City Council held on March 12, 1992, either by mail or in
person. The City Clerk's office is located at 73-510 Fred
warinq Drive, Palm Desert, California 92660.
To vote, mark a cross (X) on the votinq line after the
word "YES" or after the word "NO". All marks otherwise made
are forbidden. All distinquishinq mdrks are farbidden and make
the ballot void.
If you wronqly mark, tear or deface this ballot,
return it to the City Clerk of the City of Palm Desert and
obtain another.
BALLOT MEASURE: Shall the City of Palm
Desert incur an indebtedness and issue
bonds in one or more series in the
maximwn aqqreqate principal amount of
$35,000,000, with interest at a rate or
rates not to exceed the maximwn interest
rate permitted by law at the time of Yess
sale of such bonds on behalf of the City
of Palm Desert Community Facilities
District No. 91-1 (Indian Ridqe Public
Improvements) (the "District"), the
proceeds of which will be used to
finance certain public improvements;
shall a special tax payable solely from No:
lands within the District be levied
annually, commencinq in fiscal year
1993-1994, upon lands �ithin the
District to pay for the principal and
interest upon such bonds and the costs
of the City in administerinq the
District, and shall the annual
A-1
LA2/BAA:�79
C
appropriations limit of the District be
established in the amount of $5,000,000?
By execution in the space provided below, you also
indicate your 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, as such waivers
are described and permitted by Section 53326(a) and 53327(�) of
the California Government Code.
Number of Votes:
Property Owners:
A-2
LA2/BAA:479