RESOLUTION NO. 2022-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA DECLARING THE RESULTS OF THE SPECIAL
ELECTION FOR COMMUNITY FACILITIES DISTRICT
NO. 110M OF THE CITY OF FONTANA, COUNTY OF SAN
BERNARDINO, STATE OF CALI FORNIA, ON THE
PROPOSITIONS WITH RESPECT TO (I) THE ANNUAL
LEVY OF SPECIAL TAXES TO PAY THE COSTS OF
CERTAIN SERVICES TO BE PROVIDED BY THE
COMMUNITY FACILITIES DISTRICT AND (II) THE ESTA -
BLISHMENT OF AN APPROPRIATIONS LIMIT
WHEREAS, on September 13, 2022, the City Council (the “City Council”) of the City of Fontana (the “City”) adopted Resolution No. 2022-___ calling a special election on the propositions with respect to the annual levy of special taxes on taxable property within Community Facilities District 110M of the Ci ty of Fontana, County of San Bernardino, State of California (the “Community Facilities District”) to pay the costs of certain services to be provided by the Community Facilities District and the establish - ment of an appropriations limit for (the “Community Facilities District”); and
WHEREAS, the City Council has received a statement from the City Clerk of the City of Fontana (the “City Clerk”), who pursuant to Resolution No. 2022-___, the resolution calling the election, was authorized to conduct the special election and act as the election official therefor, with respect to the canvass of the ballots returned in and the results of the special election, certifying that more than two -thirds of the votes cast upon the propositions sub mitted to the voters in the special election were cast in favor of approving all such propositions;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, as follows:
Section 1. Findings. The City Council finds that: (i) there were no persons registered to vote within the boundaries of the Community Facilities District at the time of the close of the protest hearing on September 13, 20 22, and pursuant to Section 53326 of the California Government Code (“Section 53326”) the votes in the special election were, therefore, to be by the landowners owning land within the Community Facilities District, with the landowner (the “Property Owner”) having one vote for each acre or portion of an acre of land owned within the Community Facili ties District which would have been subject to the special tax if levied at the time of the special election; (ii) pursuant to Section 53326 and Resolu tion No. 2022-___, the resolution calling the election, the City Clerk or her designee distributed the ballot for the special election to the Property Owner by overnight mail with return postage pr epaid; (iii) the Property Owner waived the time limits for holding the special election and the election dates specified in Section 53326, and consented to the calling and holding of the special election on September 13, 2022, (iv) the special elec tion has been properly conducted Resolution No. 2022-
in accordance with all statutory requirements and the provisions of Resolution No. 2022- ___; (v) pursuant to Section 53326, the Propert y Owner , which o wned approxi mately
2.98 taxable acres collectively, w as entitled to a total of 3 votes; (vi) the ballots w as returned to the City Clerk prior to 7:00 p.m. on September 13, 2022, by the Property Owner; (vii) the ballot returned to the City Clerk by the Property Owner voted all votes to which he was entitled in favor of all proposi tions set forth there in; (viii) more than two - thirds of the votes cast in the spe cial election on each such proposition were cast in favor thereof, and pursuant to Sections 5332 8 of the California Govern ment Code, all such propositions carried; (ix) the City Council, as the legislative body of the Community Facilities District, is there fore authorized to take the neces sary action to annually levy special taxes on taxable property within the Community Facilities District in amounts sufficient to pay the costs of services to be provided to the Community Facilities District; and (x) an appropriations limit for the Community Facilities District has been established in the amount of $1,000,000.
Section 2. Declaration of Results . All votes voted in the special election on the proposi tions with respect to the annual levy of special taxes on taxable prop erty within the Community Facilities District to pay the costs of services to be provided to the Community Facilities District, and the establishment of an appropriations limit in the amount of $1,000,000 for the Community Facilities District were voted in favor thereof, and all such propositions carried.
Section 3. Effect of Elections. The effect of the results of the special election, as specified in Section 2 hereof, is that the City Council, as the legislative body of the Community Facilities District, is authorized to annually levy special taxes on taxable property within the Community Facilities District in an amount sufficient to pay the costs of certain services to be provided to the Community Facilities District at the special tax rates and pursu ant to the methodology for determining and apportioning such spec ial taxes which are set forth in Exhibit “B” to Resolu tion No. 20 22-___, the resolution establishing the Community Facilities District, adopted by the City Council on September 13, 20 22, and an appropria tions limit has been established for the Community Facilities District in the amount of $1,000,000.
Resolution No. 2022-
APPROVED AND ADOPTED this 13th day of September 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellan Key , City Clerk of the City of Fontana, and Ex -Officio Clerk of the City Co uncil do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 13th day of September 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk