HomeMy WebLinkAboutCC RES 05-113RESOLUTION NO. 05-113
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT MAKING A FINDING UNDER THE MELLO-
ROOS ACT AND CONTINUING THE PUBLIC HEARING ON
CITY OF PALM DESERT COMMUNITY FACILITIES DISTRICT
NO. 2005-1 (UNIVERSITY PARK)
RECITALS:
WHEREAS, the City Council (the "City Council") of the City of Palm Desert, California
(the "City"), has previously adopted a resolution entitled "A Resolution of Intention of the City
Council of the City of Palm Desert to Establish City of Palm Desert Community Facilities District
No. 2005-1 (University Park) and to Authorize the Levy of a Special Tax within City of Palm
Desert Community Facilities District No. 2005-1 (University Park)" (the "Resolution of Intention
to Establish District") stating its intention to conduct proceedings to form City of Palm Desert
Community Facilities District No. 2005-1 (University Park) (the "District") pursuant to the Mello -
Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the
California Government Code (the "Act") to finance certain public facilities (the "Facilities") to
serve the District; and
WHEREAS, a copy of the Resolution of Intention to Establish District setting forth a
description of the proposed boundaries of the District, the Facilities to be financed by the
District, including incidental expenses, and the rate and method of apportionment of the special
tax proposed to be levied within the District is on file in the office of the City Clerk of the City (the
"City Clerk"); and
WHEREAS, the City Council has previously adopted a resolution entitled "A Resolution
of Intention of the City Council of the City of Palm Desert to Incur Bonded Indebtedness Within
Proposed City of Palm Desert Community Facilities District No. 2005-1 (University Park)" (the
"Resolution of Intention to Incur Bonded Indebtedness") stating the City Council's intention,
acting as the legislative body of the District, to authorize the issuance and sale of one or more
series of bonds for the District in maximum aggregate principal amount of $70,000,000 to
finance the cost of Facilities; and
WHEREAS, the Resolution of Intention to Establish District and Resolution of Intention
to Incur Bonded Indebtedness set December 8, 2005 (the "Original Hearing Date") as the date
of a public hearing on the establishment of the District, the extent of the District, the furnishing of
Facilities to serve the District, the proposed rate and method of apportionment of the special tax
within the District, and the proposed debt issue (the "Hearing"); and
WHEREAS, a notice of the Hearing was published and was mailed to all landowners
proposed to be included in the District in accordance with the Act; and
WHEREAS, Section 53316.2 of the Act permits the District to finance facilities to be
owned or operated by a public agency other than the City, but only pursuant to a joint
community facilities agreement ("JCFA") adopted by resolution of each of the public .agencies
that are party thereto and prior to the City Council's adoption of a resolution df formation to
establish the District; and
RESOLUTION NO. 05-113
WHEREAS, prior to the date of the Hearing, representatives of the landowner petitioners
within the proposed District met with representatives of the Coachella Valley Water District
("CVWD") to discuss the approval of a JCFA pursuant to Section 53316.2 of the Act, regarding
certain of the Facilities which, if approved by the qualified electors within the District, would be
owned and operated by the CVWD; and
WHEREAS, the CVWD indicated that it would need more time beyond the Original
Hearing Date to consider the terms and conditions of the proposed JCFA and for the Board of
Directors of the CVWD to approve the JCFA by resolution; and
WHEREAS, Section 53325 of the Act permits the City Council to continue the Hearing to
a date more than thirty (30) days from the Original Hearing Date, if the City Council finds and
determines that the complexity of the proposed District or the need for public participation
requires additional time;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA:
1. Recitals. The above recitals are all true and correct.
2. Finding and Determination. The City Council hereby finds that, pursuant to Section
53325 of the Act, it is appropriate and necessary to continue the Hearing to 4 p.m. on
January 12, 2006, in the City Council Chambers, in order to ensure adequate time to
address the complexities of the District relating to the JCFA and to ensure adequate
opportunity for public comment and participation, including without limitation the
comment and participation of the CVWD, with respect to the proposed Facilities and
JCFA.
3. Order. The City Council hereby orders that the Hearing be continued to 4 p.m. on
January 12, 2006, in the City Council Chambers.
PASSED AND ADOPTED this 8th day of December, 2005, by the following vote to wit:
AYES:
NOES:
ABSENT:
BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON
NONE
NONE
ABSTAIN: NONE
ATTEST:
the le D. lessen, City Clerk
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