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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 />WHEREAS, new information has been made available to the City Council of the City I <br />of Colton since adoption of Resolution R-25-96 that has led the City Council to conclude that <br />no special benefit will result from the San Timoteo Creek flood control improvements for <br />property located in the City of Colton lying within the boundaries of Assessment District 95-1; <br />I= <br />WHEREAS, numerous residents of the City of Colton have protested the inclusion of <br />their property within the boundaries of Assessment District 95-1 and have asked the City to <br />repeal or rescind Resolution R-25-96; and <br />WHEREAS, intervening rights have arisen since adoption of Resolution R-25-96 that <br />preclude the City of Colton from unilaterally rescinding that resolution; and <br />WHEREAS, in order to address the concerns raised by citizens affected by the <br />establishment of Assessment District 95-1 the City of Colton has directed that an initiative <br />measure be prepared on behalf of affected Colton property owners within Assessment District <br />95-1, pursuant to the provisions of the California Constitution, Article XIII (C) Sec. 3, to repeal <br />Assessment District 95-1 and to prohibit the collection of assessments imposed on property lying <br />within Assessment District 95-1 and to require refund of any assessments collected within <br />Assessment District 95-1 after January 1, 1997; and <br />WHEREAS, in addition to concerns expressed by citizens with regard to assessments <br />imposed on property located within the City of Colton lying within the boundaries of Assessment <br />District 95-1, other environmental concerns relating to the United States Army Corps of <br />Engineers design of flood control improvements for the third reach of the San Timoteo Canyon <br />flood control project have arisen since adoption of Resolution R-25-96 that have led the City <br />Council to determine that an environmentally sensitive solution to flood control in the area that <br />