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Resolution No. 2016-5 <br /> Page 2 of 5 <br /> WHEREAS, at the time and place stated in the aforesaid notice, a hearing was duly held <br /> by this City Council and, during the course of said hearing, the Final Report was duly presented <br /> and considered, all written protests and objections received, if any, were duly presented, read, <br /> heard and considered and all persons appearing at said hearing and desiring to be heard in the <br /> matter of said Final Report were heard, and a full, fair and complete hearing has been conducted; <br /> and <br /> WHEREAS, this City Council has received all ballots filed with the City Clerk prior to the <br /> conclusion of the hearing, and the Assessment Engineer, on behalf of the City Clerk, has counted <br /> all ballots for and against the formation of the Assessment District as provided in Article XIIID; <br /> and <br /> WHEREAS, this City Council has considered the assessment proposed in the Final <br /> Report and the evidence presented at said hearing; and <br /> WHEREAS, under the provisions of Section 10424 of the California Streets and Highways <br /> Code, funds collected by the Director of Public Works acting as the Superintendent of Streets (the <br /> "Superintendent of Streets") pursuant to an assessment under the Municipal Improvement Act of <br /> 1913 are required to be placed in a special improvement fund designated by the name of the <br /> assessment proceeding. <br /> NOW, THEREFORE, the Council of the City of Newport Beach does hereby RESOLVE, <br /> as follows: <br /> 1. Recitals. The above recitals, and each of them, are true and correct. <br /> 2. Approval of Final Report. The public hearing referred to in the recitals hereof has <br /> been duly held, and each and every step in the proceedings prior to and including the hearing has <br /> been duly and regularly taken. This City Council is satisfied with the correctness of the Final <br /> Report, including the assessment and diagram and the maximum annual assessment for <br /> administrative expenses, the proceedings and all matters relating thereto. <br />