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i. The land within the District will receive special benefit by the operation,
<br />maintenance, and servicing of the improvements and appurtenant facilities within
<br />the boundaries of the District.
<br />ii. The District includes all of the lands receiving such special benefit.
<br />iii. The net amount to be assessed upon the lands within the District in accordance
<br />with the costs for the fiscal year commencing July 1, 2009, and ending June 30,
<br />2010, is apportioned by a formula and method, which fairly distributes the net
<br />amount among all eligible parcels in proportion to the estimated special benefit to
<br />be received by each parcel from the improvements and services.
<br />Section 3. The Report and assessment as presented to the City Council and on file in the
<br />office of the City Clerk are hereby confirmed as filed.
<br />Section 4. The City Council hereby orders the proposed improvements to be made,
<br />which improvements are briefly described as follows: the operating, maintaining, servicing and
<br />replacing of public improvements including: the Storm Water Lift Station and Detention Pond;
<br />the Storm Water Treatment Pond; the "buffer" area and trail; the tidal marshlands; the sound
<br />walls on both sides of Lewelling Boulevard; Lewelling Boulevard improvements including curb,
<br />gutter, sidewalk, and landscaping; the Shoreline Trail and trail extension; the water circulation
<br />and drainage improvements, shoreline levees, outfalls, tide gates, pumps, maintenance roads,
<br />bank protection, drainage facilities, animal control in marshland and trail area; wetland habitats;
<br />any other public improvements, including, but not limited to, streets, sidewalks, public rights-of-
<br />way, sewers, waterlines, sound walls, traffic signals, signage, streetlights, drains, storm water
<br />facilities, parks, landscaping, and lift station; the Buffer Zone and Interpretive Centers; and all
<br />appurtenances. Maintenance means the furnishing of services and materials for the ordinary and
<br />usual maintenance of the facilities and improvements, including repair, removal or replacement
<br />of all or part of any of the improvements or appurtenant facilities and providing for the
<br />satisfactory working condition of the improvements. Services provided include any and all
<br />necessary service, operation, administration, and maintenance required to keep the improvements
<br />in a satisfactory condition.
<br />Section 5. The maintenance, operation, and servicing of the improvements and
<br />appurtenant facilities shall be performed pursuant to the Code, and the County Auditor of the
<br />County of Alameda shall enter on the County Assessment Roll opposite each parcel of land the
<br />amount of levy, and such levies shall be collected at the same time and in the same manner as the
<br />County taxes are collected. After collection by the County, the new amount of the levy shall be
<br />paid to the City Treasurer.
<br />Section 6. The City Treasurer shall deposit all money representing assessments collected
<br />by the County of Alameda for the District to the credit of a fund for the Heron Bay Maintenance
<br />Assessment District No. 96-3, and such money shall be expended only for the maintenance,
<br />operation, and service of the improvements and facilities as described in Section 4.
<br />RESOLUTION NO. 2009-086 2
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