ORDINANCE NO. 1997
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, AMENDING AND RESTATING ORDINANCE NO. 1986 LEVYING A SPECIAL TAX WITHIN CITY OF FONTANA COMMUNITY FACILITIES DISTRICT NO. 117 (SOUTHRIDGE) 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, the qualified electors of the Community Facilities District authorized the levy of a special tax (the “Special Tax”) within the Community Facilities District to pay, in whole or in part, the cost of providing certain facilities (the “Facilities”) and certain services (the “Services”) and incidental expenses pursuant to the Act referenced in the proposition submitted to such qualified electors; WHEREAS, pursuant to Section 53340 of the Act, the City Council, on April 28, 2026, adopted Ordinance No. 1986, entitled “An Ordinance of the City Council of the City of Fontana, California Levying a Special Tax within City of Fontana Community Facilities District No. 117 (Southridge)” (the “Levy Ordinance”), levying the Special Tax at the rate and in accordance with the method of apportionment referenced therein (the “Original Rate and Method”); WHEREAS, on July 14, 2026, the City Council adopted a resolution entitled “A Resolution of the City Council of the City of Fontana, California, of Consideration to Change the Rate and Method of Apportionment of the Existing Special Tax of City of Fontana Community Facilities District No. 117 (Southridge)” proposing changes to the Original Rate and Method so as to revise the initial permitting date used in the definition of “Developed Property”; 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 for a special election of the qualified electors within the Community Facilities District and submitting to such qualified electors the proposition to change the Original Rate and Method so as to revise the initial permitting date used in the definition of “Developed Property,” 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”) attached thereto and incorporated therein; WHEREAS, on September 8, 2026, the City Council adopted a resolution entitled “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,” declaring 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 and finding and determining that the changes to the Original Rate and Method, as reflected in the Amended Rate and Method, were lawfully authorized; and WHEREAS, this Ordinance amends and restates the Levy Ordinance in order to reflect such changes; THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA DOES ORDAIN AS FOLLOWS:
The Levy Ordinance is hereby amended and restated to read in full as set forth herein.
The City Council hereby authorizes and levies the Special Tax within the Community Facilities District pursuant to Sections 53328 and 53340 of the Act, at the rate and in accordance with the method of apportionment set forth in the Amended Rate and Method. The Special Tax is hereby levied in each fiscal year until the last fiscal year in which the Special Tax is authorized to be levied pursuant to the Amended Rate and Method.
The City Council may, pursuant to subdivision (b) of Section 53340 of the Act, provide, by resolution, for the levy of the Special Tax in the current tax year or in future tax years at the same rate or at a lower rate than the rate provided by this Ordinance. In no event shall the Special Tax be levied on any parcel within the Community Facilities District in excess of the maximum tax specified therefor in the Amended Rate and Method.
The Special Tax shall be levied on all of the parcels in the Community Facilities District, unless exempted by law or by the Amended Rate and Method.
The proceeds of the Special Tax shall only be used to pay, in whole or in part, the cost of providing the Facilities and Services and incidental expenses pursuant to the Act.
The Special Tax shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale and lien priority in the case of delinquency as is provided for ad valorem taxes or in such other manner as the City Council shall determine, including direct billing of the affected property owners.
If for any reason any portion of this Ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the Community Facilities District, by a court of competent jurisdiction, the balance of this Ordinance and the application of the Special Tax to the remaining parcels within the Community Facilities District shall not be affected.
This Ordinance shall take effect and shall be in force 30 days after the date of its adoption and prior to the expiration of 15 days from the passage thereof shall be published at least once in The Fontana Herald News, a newspaper of general circulation, printed and published in the City of Fontana, State of California, together with the names of the City Council members voting for and against the same.
APPROVED AND ADOPTED this 13th day of October 2026.
READ AND APPROVED AS TO LEGAL FORM:
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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 Ordinance is the actual Ordinance introduced at a regular meeting of said City Council on the 8th day of September, 2026, and was finally passed and adopted not less than five days thereafter on the 13th day of October, 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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Ordinance No. 1997