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WHEREAS, at this time based upon the Certificate of Tabulation Official this City <br />Council determines that the assessment ballots received by the City in favor of the <br />proposed assessment and weighted as required by the Assessment Law exceed the <br />assessment ballots received in opposition to the assessment and similarly weighted <br />and, therefore, a majority protest pursuant to the Assessment Law does not exist; and <br />WHEREAS, this legislative body is now satisfied with the assessment and all <br />matters contained in the Report as submitted. <br />NOW, THEREFORE, be it resolved by the City Council of the City of Santa Ana, <br />California, as follows: <br />SECTION 1. The above recitals are all true and correct. <br />SECTION 2. The assessment ballots submitted pursuant to the Assessment <br />Law in favor of the assessment and weighted as required by the Assessment Law <br />exceed the assessment ballots submitted in opposition to the assessment and similarly <br />weighted and it is therefore determined that a majority protest pursuant to Assessment <br />Law does not exist. <br />SECTION 3. Based upon the Report and the testimony and other evidence <br />received at the public hearing, it is hereby determined that: <br />A. The Report identifies all properties within the boundaries of the <br />Assessment District that receive a special benefit from the Improvements; <br />B. The proportionate special benefit derived by each parcel proposed to be <br />assessed has been determined in relationship to the entirety of the cost of <br />acquisition or construction of the Improvements; <br />C. No assessment is proposed to be imposed on any parcel which exceeds <br />the reasonable cost of the proportional special benefit to be conferred on <br />such parcel from the Improvements; <br />D. Only special benefits have been assessed; and <br />E. An assessment has been imposed on the one parcel within the <br />Assessment District which is owned and used by an agency as such term <br />is defined in Article XIIID. There are no properties within the Assessment <br />District that are owned by either the State of California or the United <br />States. <br />SECTION 4. The public interest and convenience require the acquisition or <br />construction of the Improvements, and therefore it is hereby ordered that the <br />Improvements be acquired or constructed, as set forth in the Resolution of Intention <br />previously adopted and as set forth in the Report presented and considered, and as <br />now approved. <br />Resolution No. 2016 -021 <br />Page 3 of 8 <br />