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HomeMy WebLinkAboutCC Reso 2019-48 RESOLUTION NO. 2019-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ACTING ON BEHALF OF IMPROVEMENT AREA NO. 12 OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE, PARAMEDIC, PARK AND GENERAL MAINTENANCE SERVICES) CALLING A SPECIAL ELECTION WHEREAS, the City Council (the "Council") of the City of Cathedral City, California (the "City"), has heretofore adopted Resolution No. 2019-40 stating its intention to form Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services) (the "District") pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, (the "Act"); and WHEREAS, a copy of Resolution No. 2019-40, incorporating a description and map of the proposed boundaries of the District and setting forth the rate and method of apportionment and manner of collection of the special tax to be levied within the District, which will be used to finance a portion of the cost of providing police protection, fire protection/paramedic and park maintenance services that are in addition to those provided in the territory within the District prior to the formation of the District and do not supplant services already available within the territory proposed to be included in the District, is on file with the City Clerk and incorporated herein by reference; and WHEREAS, on December 11, 2019, this Council held a noticed hearing as required by law relative to the proposed formation of the District; and WHEREAS, at said hearing all persons not exempt from the special tax desiring to be heard on all matters pertaining to the formation of the District were heard and a full and fair hearing was held; and WHEREAS, at said hearing evidence was presented to this Council on said matters before it, and this Council at the conclusion of said hearing was and is fully advised in the premises; and WHEREAS, this Council adopted its Resolution No. 2019-47 (the "Resolution of Formation") determining the validity of prior proceedings and establishing the District; and WHEREAS, the proposed special tax to be levied upon property within the District to finance the above referenced public services has not been precluded by protest of the owners of one-half (1/2) or more of the area of land within the District; and WHEREAS, this Council wishes to present to the qualified electors of the District a proposition to levy special taxes on property within the District; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to Government Code Section 53353.5, the Council hereby submits to the qualified electors of the District a proposition (the "Proposition") to levy special taxes on property within the District in accordance with the rate and method specified in the Resolution of Formation. The Proposition is attached as Exhibit "A." Section 2. A special election is hereby called for the District on the Proposition set forth in Section 1 above. Section 3. The City Clerk shall hand deliver the ballot to the landowner immediately upon the adoption of this Resolution or shall have mailed the ballot in advance. Section 4. The date of the special election for the District on the Proposition shall be on the 11th day of December 11, 2019. The voter ballot shall be returned to the City Clerk at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234, no later than 6:30 o'clock p.m. on November 26, 2019. Section 5. The Council finds and determines that there were no registered voters residing within the territory of proposed District at the time of the protest hearing and ninety (90) days prior thereto. Section 6. The District shall constitute a single election precinct for the purpose of holding said election. Section 7. The Council hereby directs that the election be conducted by the City Clerk of the City of Cathedral City, as the elections official. PASSED, APPROVED and ADOPTED this 11th day of December, 2019 by the following votes: AYES: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Tem Gregory and Mayor Aguilar NOES: None ABSENT: None ABSTAIN: None Ma ATTEST: City Cler Approve as • -o m: City Attorney 2 OFFICIAL BALLOT IMPROVEMENT AREA NO. 12 OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE, PARAMEDIC AND GENERAL MAINTENANCE SERVICES) SPECIAL TAX ELECTION To vote, mark a cross (+) in the voting square after the word "YES" or after the word "NO." All marks otherwise made are forbidden. This ballot is provided to Elyon Development as owner or authorized representative of such owner of land within Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance Services) and represents all votes. If you wrongly mark, tear, or deface this ballot, return it to the City Clerk of the City of Cathedral City at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234. PROPOSITION Shall Improvement Area No. 12 of the City of Cathedral City Community Facilities District No. 2006-1 (Law Enforcement, Fire, Paramedic, Park and General Maintenance YES Services)be authorized to levy special taxes thereof pursuant to the rate and method of apportionment of special taxes (the "Special Tax Formula") set forth in Resolution of Formation adopted on December 11, 2019 to finance the authorized services, all as NO provided for in the Special Tax Formula? EXHIBIT "A"