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HomeMy WebLinkAboutResolution - Reso 2024-08 - 02/28/2024 RESOLUTION NO. 2024-08 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CATHEDRAL CITY ACTING ON BEHALF OF IMPROVEMENT AREA NO. 20 OF THE CITY OF CATHEDRAL CITY COMMUNITY FACILITIES DISTRICT NO. 2006-1 (LAW ENFORCEMENT, FIRE, PARAMEDIC, PARK MAINTENANCE 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. 2024-01 stating its intention to form Improvement Area No. 20 of the City of Cathedral City Community Facilities District No. 2006-1 (law enforcement, fire, paramedic, park maintenance 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. 2024-01, 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 February 28, 2024 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. 2024-07 (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; NO , THEREFORE, THE CITY COUNCIL OF THE Cl OF CATHED" L Cl DOES HEREBY RESOLVE AS FOLLO S: 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 February 28, 2024. The voter ballot shall be returned to the City Clerk at 68700 Avenida Lalo Guerrero, Cathedral City, California 92234, no later than 5:30 o'clock p.m. on February 28, 2024. 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 28th day of February, 2024 by the following votes: AYES: Councilmembers Lamb and Gutierrez; Mayor Pro Tem Ross and Mayor Carnevale NOES: None ABSENT: Councilmember Gregory ABSTAIN: None MarkCarnevale, Mayor ATTEST: ( (. Tracey R.Hermosillo, City Clerk Eric S. Vail, City Attorney .. »» .