4135-0670-7278.1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF FONTANA DECLARING RESULTS OF SPECIAL
ELECTION AND DIRECTING RECORDING OF NOTICE
OF SPECIAL TAX LIEN
WHEREAS, on May 14, 2024, the City Council (the “City Council”) of the City of Fontana (the “City”), pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), adopted a resolution entitled “A Resolution of the City Council of the City of Fontana Calling Special Election for City of Fontana Community Facilities District No. 113 (The Gardens Phase Two )” (the “Resolution Calling Election”), calling a special election to submit to the qualified electors of City of Fontana Community Facilities District No. 113 (The Gardens Phase Two) (the “Community Facilities District”) the combined ballot proposition to authorize the Community Facilities District to incur bonded indebtedness, to authorize the Community Facilities District to levy a special tax and to establish the appropriations limit of the Community Facilities District; WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on May 14, 2024; and WHEREAS, the City Clerk of the City (the “City Clerk”) has certified the canvass of the returns of the election and has filed a Canvass and Statement of Results of Election (the “Canvass”), a copy of which is attached hereto as Exhibit A;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana as follows:
Section 1. The foregoing recitals are true and correct, and the City Council so finds and determines.
Section 2. The City Council has received, reviewed and hereby accepts the Canvass.
Section 3. The City Council hereby finds and declares that the ballot proposition submitted to the qualified electors of the Community Facilities District pursuant to the Resolution Calling Election has been passed and approved by such electors in accordance with Section 53355, Section 53328 and Section 53325.7 of the Act.
Section 4. The City Cl erk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of San Bernardino a notice of special tax lien in the form required by the Act, said recording to occur no later than 15 days following adoption by the City Council of this Resolution.
Section 5. All actions heretofore taken by the officers, employees and agents of the City with respect to the special election, or in connection with or related to any of the matters referred to herein, are hereby approved, confirmed and ratified.
Section 6. The officers, employees and agents of the City are hereby authorized and directed to take all actions and do all things that they, or any of them, may deem necessary or
2 4135-0670-7278.1
desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
Section 7. This Resolution shall take effect immediately upon its adoption.
APPROVED and ADOPTED by the City Council of the City of Fontana on May 14, 2024.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
A-1
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EXHIBIT A
[See attached]
A-2
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CITY OF FONTANA
COMMUNITY FACILITIES DISTRICT NO. 113
(THE GARDENS PHASE TWO)
CANVASS AND STATEMENT OF RESULTS OF ELECTION
I hereby certify that on May 14, 2024, I canvassed the returns of the special election for City of Fontana Community Facilities District No. 113 (The Gardens Phase Two) held on May 14, 2024, that the total number of ballots cast in said Community Facilities District and the total number of votes cast for and against the combined ballot proposition submitted to the qualified electors of the Community Facilities District are as follows and that the totals as shown for and against such proposition are true and correct:
Qualified
Landowner
Votes
Votes
Cast
YES
NO
City of Fontana Community Facilities
District No. 113 (The Gardens Phase
Two) Special Election, May 14, 2024
37 ____
____
____
MEASURE: Shall the measure to authorize City of Fontana Community Facilities District No. 113 (The Gardens Phase Two ) (the “Community Facilities District”) to incur bonded indebtedness in a maximum amount of $24,000,000, to authorize the Community Facilities District to levy a special tax in order to finance certain facilities and services and to establish the annual appropriations limit of the Community Facilities District at $24,000,000, as specified in the resolutions adopted by the Cit y Council of the City of Fontana on May 14 , 2024 entitled “A Resolution of the City Council of the City of Fontana of Formation of City of Fontana Community Facilities District No. 113 (The Gardens Phase Two), Proposing that the Community Facilities District Be Authorized to Levy a Special Tax and Proposing that an Appropriations Limit of the Community Facilities District Be Established” and “A Resolution of the City Council of the City of Fontana Deeming it Necessary for City of Fontana Community Facilities District No. 113 (The Gardens Phase Two) to Incur Bonded Indebtedness,” be adopted? IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND this 14th day of May 2024.
By:
Germaine Key, City Clerk
4135-0670-7278.1
I, Germaine Key, City Clerk of the City of Fontana, California, and Ex -Officio Clerk of the City Council, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council of said City at a regular meeting thereof, held on May 14, 2024, by the following vote to-wit:
AYES:
NOES:
ABSENT:
City Clerk
Mayor
ATTEST:
City Clerk