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HomeMy WebLinkAboutCC RES 06-009RESOLUTION NO. 06-9 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. 2005-1 (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 January 12, 2006 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. 2005-1 (University Park)" (the "Resolution Calling Election"), calling for a special election (the "Special Election") of the qualified electors within Community Facilities District No. 2005-1 (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 January 12, 2006, 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, 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. The issues presented at the •Special Election were Propositions A and B, as set forth in Exhibit "B" att'ached hereto and by this reference incorporated herein. 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. 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 RESOLUTION NO. 06-9 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 $70,000,000 as specified in Proposition A. The appropriations limit as specified in Proposition B is hereby established. 5. Finding 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. 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. 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: RACHELLE D. KLASS :fJ, CITY CLERK P6401.1032\863320.2 2 W Wgenda Items\2006-Jan 121Univ Park CFD No. 2005-11Reso Declaring Results of Spec al Election (Palm Desert CFD 2005-1).DOC RESOLUTION NO. 06-9 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. 2005-1 (UNIVERSITY PARK) I, Rachelle D. Klassen, 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. 2005-1 (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 January 12, 2006. 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 Votes Voters Cast Yes No Proposition A 8 269 269 0 Proposition B 8 269 269 0 IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 12th day of January, 2006. r By: Rach�ell D. KI"as en, City ClerkT City of Palm Desert, California P6401.1032\863320.2 A-1 RESOLUTION NO. 06-9 EXHIBIT "B" 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? P6401.1032\863320.2 B-1