RESOLUTION NO. 2022-12
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HESPERIA, STATE
OF CALIFORNIA, DECLARING RESULTS OF A SPECIAL LANDOWNER
ELECTION AND DIRECTING THE RECORDING OF A SPECIAL TAX LIEN
CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)
WHEREAS, this City Council (the “City Council”) of the City of Hesperia (the “City”) adopted a resolution entitled “A Resolution of the City Council of the City of Hesperia, State of California, Establishing the Formation of a Community Facilities District” (the “Resolution of Formation”), ordering the formation of the City of Hesperia, Community Facilities District No. 2021-1 (Residential Maintenance and Services) (the “District”), and the Future Annexation Area designated as the “City of Hesperia Community Facilities District No. 2021-1 (Residential Maintenance and Services) (Future Annexation Area)” (the “Future Annexation Area”) defining the public services (the “Services”) to be provided by the District and Future Annexation Area, authorizing the levy of a special tax on property within the District and preliminarily establishing an appropriations limit for the District, all pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”); and
WHEREAS, under the provisions of the Resolution of Formation, and pursuant to the resolution entitled “A Resolution of the City Council of the City of Hesperia, State of California, Calling a Special Election for a Community Facilities District” (the “Resolution Calling the Special Election”) heretofore adopted by this City Council, a measure containing propositions relating to the levy of the special tax and the establishment of the appropriations limit was submitted to the qualified electors of the District as required by the provisions of the Act; and
WHEREAS, pursuant to the terms of the Resolution Calling the Special Election, which are by this reference incorporated herein, the special election has been held and the City Clerk has on file a Canvass and Statement of Results of Special Election, (the “Canvass”) a copy of which is attached hereto as Exhibit A; and
WHEREAS, this City Council has been informed of the Canvass, finds it appropriate and wishes to complete its proceedings for the District.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF HESPERIA CITY COUNCIL AS FOLLOWS:
1. The foregoing recitals are true and correct.
2. The issues presented at the special election were the levy of a special tax within the District and the approval of an annual appropriations limit of not to exceed $100,000 as adjusted by law, commencing Fiscal Year 2022-23, annually all pursuant to the Resolution of Formation.
3. The City Council hereby approves the Canvass and finds that it shall be a permanent part of the record of its proceedings for the District. Pursuant to the Canvass, the issues presented at the Section
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special election were approved by the qualified electors of the District by more than two-thirds (2/3) of the votes cast at the special election.
4. Pursuant to the voter approval, the District is hereby declared to be fully formed with the authority to levy the special taxes and to have the established appropriations limit, all as heretofore provided in these proceedings and in the Act. It is hereby found that all prior proceedings and actions taken by this City Council with respect to the District were valid and in conformity with the Act.
5. The City Clerk is hereby directed to complete, 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, such recording to occur no later than fifteen (15) days following adoption of this Resolution by the City Council.
Section 6. That City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
ADOPTED AND APPROVED this 15th day of February, 2022.
____________________________________
Brigit Bennington, Mayor
Attest:
___________________________________
Erin Baum, Assistant City Clerk
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EXHIBIT A
CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2021-1
(RESIDENTIAL MAINTENANCE AND SERVICES)
CANVASS AND STATEMENT OF RESULT OF SPECIAL ELECTION
I hereby certify that on February 15, 2022, I canvassed the returns of the special election held on February 15, 2022, in the City of Hesperia Community Facilit ies District No. 2021-1 (Residential Maintenance an d Services) of the City of Hesperia and the total num ber of ballots cast in such special election and th e total number of votes cast for and against the measure ar e as follows and the totals as shown for and agains t the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Hesperia
Community Facilities District No. 2021-1
(Residential Maintenance and Services)
Special Tax Election, February 15, 2022 _22__
_____ _____ _____
BALLOT MEASURE : Shall the measure authorizing the City of Hesperi a Community Facilities District No. 2021-1 (Residential Maintenance and Services) (the “District”) to annually levy a special tax solely on lands within the District of up to $840.35 per residence, as adjusted annually, to pay for Services and authorizing an appropriations limit of $100,000, as adjusted by law, and all as provided in the Resolution of Formation adopted by the City Council on February 15, 2022, commencing Fiscal Year 2022-23, be adopted?
Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on February 15, 2022.
By:
City Clerk
City of Hesperia