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RESOLUTION NO. R-2 0 -99 A RESOLUTION OF ALTERATION OF RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES AND SUBMITTING SAME TO QUALIFIED ELECTORS CITY OF COLTON Community Facilities District No. 90-1 (Mount Vernon Corridor) RESOLVED, by the City Council (the "Council') of the City of Colton (the "City"), County of San Bernardino, State of California, that: WHEREAS, this Council on January 19, 1999, adopted Resolution No. R-10-99 (the "Resolution of Consideration')finding and determining that the public convenience and necessity require that the Rate and Method of Apportionment of Special Tax (the "Rate and Method� levied in Alteration of Rate and Method of Apportionment of Special Taxes City's Community Facilities District No. 90-1 (Mount Vernon Corridor) (the "CFD"), pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act') be altered; WHEREAS, a copy of the Resolution of Consideration, incorporating a proposed alteration of the Rate and Method, is on file with the City Clerk and the provisions thereof are fully incorporated herein by this reference as if fully set forth herein; WHEREAS, on the date hereof, this Council held a noticed public hearing as required by the Act and the Resolution of Consideration relative to the proposed alteration of Rate and Method among the parcels of real property within the CFD; WHEREAS, at said hearing all interested persons desiring to be heard on all matters pertaining to the alteration of Rate and Method among the parcels of real property within the CFD were heard and a full and fair hearing was held; WHEREAS, prior to the time fixed for said hearing, written protests had not been filed against the proposed alteration of Rate and Method by 50% of more of the registered voters, or six registered voters, whichever is more, residing in the existing CFD; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Colton as follows: 1 . All prior proceedings taken by this Council with respect to the CFD and the proposed alteration of the Rate and Method have been duly considered and are hereby determined to be valid and in conformity with the Act, and the CFD has been validly established pursuant to the Act. 2. Pursuant to the provisions of the Act, the proposition of the alteration of the Rate and Method among the parcels of real property within the CFD shall be submitted to the qualified electors of the CFD at an election called therefor as hereinafter provided. 3. This Council hereby finds that fewer than 12 persons have been registered to vote within the CFD for each of the 90 days preceding the close of the hearing heretofore conducted and concluded by this Council for the purposes of the proposed alteration of the Rate and Method. Accordingly, and pursuant to Section 53326 of the Act, this Council finds that for purposes of these proceedings the qualified electors are the landowners within the CFD and that the vote shall be by said landowners, each having one vote for each acre or portion thereof such landowner owns in the CFD.