RESOLUTION NO. 2023-54
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. 2023-1
(SILVERWOOD 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. 2023-1 (Silverwood Maintenance and Services) (the “District”), and the Future Annexation Area designated as the “City of Hesperia Community Facilities District No. 2023-1 (Silverwood 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 Council of the City of Hesperia as follows:
The foregoing recitals are true and correct.
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 $20,000,000 as adjusted by law, commencing Fiscal Year 2023-24, annually all pursuant to the Resolution of Formation.
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 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.
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.
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.
This Resolution shall take effect upon its adoption.
ADOPTED AND APPROVED the City Council of the City of Hesperia at a public meeting of said City Council held on the 1st day of August, 2023, by the following vote:
Ayes:
Noes:
Abstain:
Absent:
____________________________________
Brigit Bennington, Mayor
Attest:
____________________________________
Erin Baum, Assistant City Clerk
EXHIBIT A
CITY OF HESPERIA
COMMUNITY FACILITIES DISTRICT NO. 2023-1
(SILVERWOOD MAINTENANCE AND SERVICES)
CANVASS AND STATEMENT OF RESULT OF SPECIAL ELECTION
I hereby certify that on August 1, 2023, I canvassed the returns of the special election held on August 1, 2023, in the City of Hesperia Community Facilities District No. 2023-1 (Silverwood Maintenance and Services) of the City of Hesperia and the total number of ballots cast in such special election and the total number of votes cast for and against the measure are as follows and the totals as shown for and against the measure are full, true and correct:
Qualified
Landowner
Votes
Votes
Cast
Votes
YES
Votes
NO
City of Hesperia
Community Facilities District No. 2023-1
(Silverwood Maintenance and Services)
Special Tax Election, August 1, 2023
784
_____
_____
_____
BALLOT MEASURE: Shall the measure authorizing the City of Hesperia Community Facilities District No. 2023-1 (Silverwood Maintenance and Services) (the “District”) to annually levy a special tax perpetually solely on lands within the District of up to $510 per unit for Non-Age Qualified Apartment Property, $540 per unit for Non-Age Qualified Single-Family Attached Property, $600 for Non-Age Qualified Single Family Detached Property, $540 for Age Qualified Single-Family Attached Property, $570 for Age Qualified Single-Family Detached Property, $0.13 per building square foot for Hotel Property, $0.21 per building square foot for Retail/Restaurant Property, $0.34 per building square foot for Office Property, other rates for other land uses, as adjusted annually, to pay for Services and authorizing an appropriations limit of $20,000,000, as adjusted by law and future annexations, and all as provided in the Resolution of Formation adopted by the City Council on August 1, 2023, commencing Fiscal Year 2023-24, be adopted? Yes: __________
No: __________
IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND on August 1, 2023.
By:
City Clerk
City of Hesperia
Resolution No. 2023-54