RESOLUTION NO. 2026-088
A RESOLUTION OF CHANGE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DETERMINING THAT CHANGES TO THE RATE AND METHOD OF APPORTIONMENT OF THE EXISTING SPECIAL TAX OF CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE) ARE LAWFULLY AUTHORIZED AND DIRECTING RECORDING OF AN AMENDMENT TO NOTICE OF SPECIAL TAX LIEN WHEREAS, the City Council (the “City Council”) of the City of Fontana (the “City”) previously established City of Fontana Community Facilities District No. 117 (Southridge) (the “Community Facilities District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”); WHEREAS, on September 8, 2026, the City Council, pursuant to the Act, adopted a resolution entitled “A Resolution of the City Council of the City of Fontana, California, Calling a Special Election for Proposed Changes to the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge)” (the “Resolution Calling Election”), calling a special election of the qualified electors within the Community Facilities District and submitting to such qualified electors the proposition to change the rate and method of apportionment of the special tax (the “Special Tax”) levied within the Community Facilities District so as to revise the initial permitting date used in the definition of “Developed Property”; WHEREAS, pursuant to the terms of the Resolution Calling Election and the provisions of the Act, the special election was held on September 8, 2026; WHEREAS, on September 8, 2026, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Fontana, California, Declaring Results of a Special Election Regarding Proposed Changes to the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge)” (the “Resolution Declaring Results”), accepting the canvass of the returns of the election and finding and declaring that the ballot proposition submitted to the qualified electors had been passed and approved; and WHEREAS, the changes to the rate and method of apportionment of the Special Tax, as reflected in the City of Fontana Community Facilities District No. 117 (Southridge) Amended Rate and Method of Apportionment of Special Tax (the “Amended Rate and Method”), have been approved by the qualified electors of the Community Facilities District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
The foregoing recitals are true and correct, and the City Council so finds and determines.
The City Council hereby finds and determines that the changes to the rate and method of apportionment of the Special Tax so as to revise the initial permitting date used in the definition of “Developed Property,” as reflected in the Amended Rate and Method, are lawfully authorized in accordance with the Act including, without limitation, the required two-thirds of the votes cast on the proposition are in favor of the proposed changes in accordance with Section 53338(b) of the Act.
The City Clerk is hereby directed to execute and cause to be recorded in the office of the County Recorder of the County of San Bernardino an amendment to the notice of special tax lien for the Community Facilities District in accordance with Section 3117.5 of the California Streets and Highways Code.
All actions heretofore taken by the officers, employees and agents of the City with respect to the changes to the rate and method of apportionment of the Special Tax, or in connection with or related to any of the documents referred to herein, are hereby approved, confirmed and ratified.
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 desirable to accomplish the purposes of this Resolution and not inconsistent with the provisions hereof.
This Resolution shall take effect immediately upon its adoption.
The City Clerk shall certify as to the adoption of this Resolution.
APPROVED AND ADOPTED this 8th day of September, 2026.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine Key, City Clerk of the City of Fontana, 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 at a regular meeting held on the 8th day of September, 2026, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk
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Resolution No. 2026-088