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1 <br />2 <br />3 <br />4'i <br />5 <br />61 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />communications made or filed by interested persons regarding these matters, pursuant to the <br />Act; and has conducted property owner protest proceedings relating to the District assessments <br />and assessment range formula described in the Final Engineer's Report related thereto in <br />accordance with the provisions of the California Constitution Article XIIID. <br />NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY <br />COUNCIL OF THE CITY OF COLTON, THE LEGISLATIVE BODY FOR SAID DISTRICT, <br />AS FOLLOWS: <br />Section 1: The preceding recitals are true and correct. <br />Section 2: The City Council upon the conclusion of the noticed Public Hearing has tabulated <br />the property owner assessment ballots returned, and received weighted according to the <br />proportional financial obligation of each affected property ("Weighted Assessment Ballots"). <br />Based on this tabulation, the City Council finds a written majority protest does not exist, <br />pursuant to the provisions of the Act (Chapter 2,Artilce 1, Sections 22593 and 22594 and the <br />proposed assessment, the assessment range formula connected therewith, and the levy and <br />collection of annual assessments as described in the Final Engineer's Report are hereby <br />approved. <br />Section 3: The City Council desires to levy and collect assessments against parcels of land within <br />the District for the fiscal year commencing July 1, 2002 and ending June 30, 2003, to pay the costs <br />and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant <br />facilities located within public places in the District. <br />Section 4: The City Council has carefully reviewed and examined the Final Engineer's Report in <br />connection with the District, and the levy and collection of assessments. Based upon its review <br />(and amendments, as applicable) of the Final Engineer's Report, a copy of which has been <br />presented to the City Council and which as been filed with the City Clerk, the City Council hereby <br />finds and determines that: <br />The territory of land within District will receive special benefits from the operation, <br />maintenance and servicing of the landscaping, lighting and appurtenant facilities and <br />improvements related thereto. <br />The District includes all of the lands so benefited; and <br />The net amount to be assessed upon the lands within the District, in accordance with the <br />proposed budget for the fiscal year commencing July 1, 2002 and ending June 30, 2003 is <br />apportioned by a formula and method which fairly distributes the net amount among all eligible <br />parcels in proportion to the special benefits to be received by each parcel from the <br />improvements and services and is satisfied that the assessments are levied without regard to <br />property valuation. <br />Section 5: The Final Engineer's Report, assessments and assessment range formula as <br />presented to the City Council and on file in the office of the City Clerk are hereby confirmed as <br />filed. <br />Page 2 <br />