55B - RESO - WARNER ASSESSMENT DISTRICT

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THE ASSESSMENT DISTRICT Location and Description The City - The City, county seat of the County, is a community of approximately 342,930 residents, located approximately 33 miles southeast of the City of Los Angeles, 20 miles east of the Ports of Los Angeles and Long Beach, and 90 miles north of San Diego. Numerous government offices have taken advantage of the City's central location and position as County seat. City, County, State and federal offices are conveniently located in the multi- government Civic Center in the heart of the City. The City has an industrial base which supports the local economy. The Assessment District - The land in the Assessment District, consisting of 205 assessable parcels, is located in an industrial area of the City. A resolution of intention was adopted by the City Council of the City (the "City Council ") on July 7, 2015 and directed the Assessment Engineer to prepare the Engineer's Report. City staff completed the design work, specifications and cost estimates. These documents were combined into a single construction contract document and advertised for bids. Bids were opened on November 11, 2015. Resolutions establishing the boundaries of the Assessment District and preliminarily approving the Engineer's Report were adopted by the City Council of the City on January 19, 2016. The preliminary Engineer's Report was filed with the Clerk of the City, and a time and place for a public hearing was set. This District was authorized and will be administered under the provisions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California (the "1913 Act "), applicable provisions of Article XIIID of the California Constitution, being the "Right to Vote on Taxes Act" ( "Proposition 218 "), and provisions of Government Code Section 53750 et seq., being the "Proposition 218 Omnibus Implementation Act" (the aforementioned provisions are hereinafter referred to collectively as "Assessment Law "). The Engineer's Report was prepared in compliance with Assessment Law. A meeting for owners of property within the Assessment District was held on March 7, 2016. The public hearing to receive comments on the Preliminary Engineer's Report and collect ballots was held on April 5, 2016. The City Clerk gave notice of the public meeting and public hearing and proposed assessments by mailing an official notice to all persons owning real property proposed to be assessed as part of the Assessment District. In accordance with Assessment Law, a ballot was mailed with the official notice, making provision for casting a vote either for or against the proposed assessment. The public hearing included presentation and consideration of the Preliminary Engineer's Report, hearing of public testimony and recordation of affirmative and protest votes. After conclusion of the public hearing, a tabulation of the votes was compiled. A majority of ballots cast by parcel owners (70.29 %), weighted in accordance with Assessment Law, were determined to be affirmative, and the City Council proceeded to confirm the assessments and order the assessments to be levied as proposed in the Engineer's Report. Had the majority of the weighted ballots been cast against the proposed assessments, the proposed assessments for the Assessment District would have been abandoned for a minimum period of one year in accordance with the requirements of Assessment Law. Following confirmation of the assessments, the validity of an assessment levied under the 1913 Act shall not be contested in any action or proceeding unless the action or proceeding is commenced within 30 days after the assessment is levied. In the case of the Assessment District and the assessments levied on April 5, 2016, there has been no proceeding or action taken and the assessments are considered final under the 1913 Act. On November 5, 1996, Proposition 218 (now Articles XIIIC and XIIID of the California Constitution) (the "Initiative ") was approved by the voters of the State. It became effective on July 1, 1997. The City followed the provisions of the Initiative in the authorization and sale of the Bonds. The Initiative contains a provision found in Article XIIIC, Section 3, stating that "the initiative power shall not be prohibited or otherwise limited in matters of reducing or repealing any local tax, assessment, fee or charge" (the "Repeal Provision "). While the 21 55B -91