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Table of Contents Agenda 2 Request for Letter of ... - City of Kerman

Table of Contents Agenda 2 Request for Letter of ... - City of Kerman

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<strong>City</strong> Council Staff Report Page 4 <strong>of</strong> 5BE IT FURTHER RESOLVED THEREFORE that the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> finds as follows:A. That the assessment imposed hereby is an assessment imposed exclusively to finance the capital costs <strong>of</strong>maintenance and operation expenses <strong>for</strong> sidewalks, streets and integral portions <strong>of</strong> each <strong>of</strong> the above-described facilities;B. That the assessment imposed is hereby imposed at the assessment rate according to the methodology adoptedpursuant to a petition signed by the persons owning all <strong>of</strong> the parcels subject to the assessment was initially imposed, or thatthe assessment imposed hereby is imposed at the assessment rate and according to the methodology adopted pursuant tomajority voter approval from the voters voting in an election on the issue <strong>of</strong> such assessment.BE IT FURTHER RESOLVED that the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> determines, upon the basis <strong>of</strong> the <strong>for</strong>egoingfindings, that the assessment adopted hereby is imposed pursuant to the provisions <strong>of</strong> Proposition 218, Cali<strong>for</strong>nia ConstitutionArticle XIII D, and pursuant to exemptions contained therein.BE IT FURTHER RESOLVED, that the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong> will indemnify, defend and hold harmless theCounty, the Board <strong>of</strong> Supervisors and the Auditor-Controller/Treasurer-Tax Collector, their agents and employees againstpayment <strong>of</strong> any and all costs and expenses, claims, suits, losses, damages and liability arising from or arising out <strong>of</strong> anynegligent or wrongful acts or omissions <strong>of</strong> the <strong>City</strong>, including its council members, <strong>of</strong>ficers, agents and employee’s in levyingand collecting the assessment.The <strong>for</strong>egoing resolution was introduced and adopted at a regular meeting <strong>of</strong> the <strong>City</strong> Council <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Kerman</strong>held on the 19 th day <strong>of</strong> June, 2013, by the following vote, to wit :AYES:NOES:ABSENT:ABSTAIN:The Resolution is hereby approved.ATTEST:___________________________GARY YEPMAYORMARCI REYESCITY CLERK39

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