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HomeMy WebLinkAboutCC RES 06-008RESOLUTION NO. 06-8 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. 2005-1 (UNIVERSITY PARK) RECITALS: WHEREAS, on January 12, 2006, this City Council adopted a resolution 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. 2005-1 (University Park), to Make Environmental Findings With Respect Thereto, to Adopt a Mitigated Negative Declaration in Connection Therewith, to Establish an Appropriations Limit Therefor, to Authorize 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"), ordering the formation of the City of Palm Desert Community Facilities District No. 2005-1 (University Park) (the "District"), establishing an appropriations limit for the District and authorizing levy of a special tax (the "Special Tax") on property within the District, subject to approval of the qualified electors of the District at a special election referred to below, pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, commencing with Section 53311 of the California Government Code (the "Act"); and WHEREAS, on January 12, 2006, this City Council also adopted a resolution entitled "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. 2005-1 (University Park)" (the "Resolution of Necessity to Incur Bonded Indebtedness"), determining the necessity to incur bonded indebtedness in the maximum aggregate principal amount of $70,000,000; and WHEREAS, pursuant to the provisions of said resolutions, the propositions of the levy of said Special Tax, the establishment of the appropriations limit and the incurring of the bonded indebtedness will be submitted to the qualified electors of the district as required by the Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT: 1. Recitals. The above recitals are all true and correct. 2. Ballot Propositions. Pursuant to Sections 53325.7, 53326, 53351, and 53353.5 of the Act, the proposition relating to the incurring of the bonded indebtedness and the proposition relating to the levy of the Special Tax shall be combined into one ballot proposition, and together with the proposition for the establishment of RESOLUTION NO. 06-8 the appropriations limit, shall be submitted to the qualified electors of the District as required by the Act. If (a) the combined proposition for the levy of the Special Tax and the incurring of the bonded indebtedness and (b) the proposition for the establishment of the appropriations limit each receive the approval of more than two-thirds of the votes cast on the proposition, one or more series of bonds may be authorized, issued and sold for the purposes set forth herein, the Special Tax may be levied, and the appropriations limit may be established as provided for in the Resolution of Formation. The ballot propositions shall be in the form attached hereto as Exhibit "A" and by this reference incorporated herein, and said form of ballot is hereby approved. 3. Electors Determined. The City Council finds, based on information provided by the Registrar of Voters of the County of Riverside, that fewer than 12 registered voters have been registered to vote within the territory of the District for each of the 90 days preceeding the close of the public hearing heretofore conducted and concluded by the City Council for the purposes of these proceedings. Accordingly, and pursuant to Section 53326 of the Act, the City Council finds that for purposes of these proceedings the qualified electors are the landowners within the District. Each landowner shall have one vote for each acre or portion thereof that he or she owns within the District, as provided in Section 53326 of the Act. The City Council finds that there are eight (8) qualified electors in the District. 4. Election. This City Council hereby calls a special election to consider the propositions described in Section 2 above, which election shall be held on January 12, 2006 in the City Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California 92260, immediately following adoption of this Resolution. The City Clerk is hereby designated as the official to conduct said election. It is hereby acknowledged that the City Clerk has on file a copy of this Resolution and a map of the boundaries of the District. The voted ballots shall be returned to the City Clerk immediately following adoption of this Resolution, but in any event no later than 8 p.m. on January 12, 2006, and when the qualified electors have voted, but not later than 8 p.m. on January 12, 2006, the election shall be closed. 5. Mail Ballot. Pursuant to Section 53327 of the Act, the election shall be conducted by mail ballot in accordance with the California Elections Code. This City Council hereby finds that paragraphs (a), (b), (c)(1), and (c)(3) of Section 4000 of the California Elections Code are applicable to this special election. 6. Ballot. This City Council acknowledges that the City Clerk has caused to be delivered to the qualified electors of the District a ballot in the form set forth in Exhibit "A" hereto. P6401.1032\863319.2 W:Wgenda Items\2006-Jan 121Urry Park CFD No. 2005-11Reso Calling Special Election (Palm Desert CFD 2005-1).DOC 2 RESOLUTION NO. 06-8 The ballot was accompanied by all supplies and written instructions necessary to the use and return of the ballot. The envelope to be used to return the ballot was enclosed with the ballot, had the return postage prepaid, and contained the following: (a) the name and address of the landowner, (b) a declaration, under penalty of perjury, stating that the voter is owner of record or authorized representative of the owner of record entitled to vote and is the person whose name appears on the envelope, (c) the printed name, signature and address of the voter, (d) the date of signing and place of execution of the declaration pursuant to clause (b) above, and (e) a notice that the envelope contains an official ballot and is to be opened only by the canvassing board. Analysis and arguments with respect to the ballot measures have been waived by the qualified electors, by unanimous written consent waiving all applicable time limits and requirements pertaining to the conduct of said special election, as permitted by Section 53327 of the Act. The City Council hereby concurs in said waiver. 7. Return of Ballots. The City Clerk shall accept the ballet of the qualified electors in the City Council Chambers upon and prior to thedoptjemiif•this Resolution, whether said ballot be personally delivered or receiiied,bil nail. The City Clerk shall have available a ballot which may be marked a said,oca1ion on the election day by said qualified electors. v , 8. Waiver of Time Limits for Election. This City Council hereby further finds that the provision of Section 53326 of the Act requiring a miniMum of 90-days following the adoption of the resolution calling the election to elapse • before said special election is for the protection of the qualified electors of the District. The unanimous written consent of the qualified electors of the District waiving all applicable time limits and requirements pertaining to the conduct of said special election has been received. Accordingly, this City Council finds and determines that said qualified electors have been fully apprised of and have agreed to the shortened time for the election and have thereby been fully protected in these proceedings. This City Council also finds and determines that the City Clerk has concurred in the shortened time for the election. 9. Publication. The City Clerk is hereby directed to cause to be published in a newspaper of general circulation circulating within the area of the District a copy of the Resolution of Necessity to Incur Bonded Indebtedness as required by Section 53352 of the Act. P6401.1032\863319.2 W M1Agenda Items12006-Jan 12\Univ Park CFD No. 2005-11Reso Calling Special Election (Palm Desert CFD 2005-1).DOC 3 RESOLUTION NO. 06-8 PASSED AND ADOPTED this 12th day of January, 2006, by the following vote: AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: P6401. 1032\863319.2 WAAgenda Items\2006-Jan 12\Univ Park CFO No. 2005-11Reso Calling Special Election (Palm Desert CFD 2005-1).DOC 4 RESOLUTION NO. 06-8 EXHIBIT "A" OFFICIAL BALLOT SPECIAL ELECTION City of Palm Desert Community Facilities District No. 2005-1 (University Park) This ballot is for a special landowner election. You must return this ballot in the enclosed postage paid envelope to the office of the City Clerk of the City of Palm Desert no later than 8 p.m. on January 12, 2006, either by mail or in person. The City Clerk's office is located at 73-510 Fred Waring Drive, Palm Desert, California, 92260. This ballot represents votes. To vote, mark a cross (X) in the voting square after the word "YES" or after the word "NO". All marks otherwise made are forbidden. All distinguishing marks are forbidden and make the ballot void. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Palm Desert and obtain another. PROPOSITION A: Shall the City of Palm Desert, on behalf of City of Palm Desert Community Facilities District No. 2005-1 (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. 2005-1 (University Park), to Make Environmental Findings With Respect Thereto, to Adopt a Mitigated Negative Declaration In Connection Therewith, 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. 2005-1 (University Park)" (the "Resolution of Necessity"), incur an indebtedness and issue one or more series of bonds in the maximum aggregate principal amount of $70,000,000, 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. 2005-1 (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? Yes No Yes No