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determined that property owner ballots cast against the levy of said assessment did not exceed the property owner ballots cast in favor of the levy of said assessment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Leandro, as follows: Section 1. The foregoing recitals are true and correct and the City Council so finds and determines. Section 2. The City Council finds that any and all protests against the proposed construction of public improvements (specifically all written protests not withdrawn in writing before the conclusion of the protest hearing) are made by the owners of less than one half of the area of the land to be assessed. The City Council hereby overrules each of these protests, written and oral. Section 3. This City Council intends to comply with the requirements of the Special Assessment Investigation, Limitation ad Majority Protest Act of 1931 by proceeding under Part 7.5 of said Act. As directed by the City Council, the Engineer of Work has included in the written engineer's report all of the information required by Section 2961 of the California Streets and Highways Code. Section 4. The City Council hereby finds that the Engineer of Work, in the Final Engineer's Report has fairly and properly apportioned the cost of the construction of the improvements to each parcel of land in the assessment district in proportion to the estimated benefits to be received by each parcel, respectively, from the improvements. The City Council hereby confirms and levies each individual assessment as stated in the Final Engineer's Report. Section 5. This City Council intends, pursuant to subparagraph (f) of Section 102014 of the California Streets and Highways Code, to provide for an annual assessment upon each of the parcels of land in the proposed assessment district to pay various costs and expenses incurred RESOLUTION NO. 2005-001 3