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WHEREAS, the assessments are in compliance with all laws pertaining to the levy of the <br />maintenance district assessments, and the assessments are levied without regard to property <br />valuation, and the assessments are exempt from or in compliance with the provisions of <br />Proposition 218, <br />NOW, THEREFORE, the City Council of the City of San Leandro does RESOLVE as <br />follows: <br />Section 1. The City Council has reviewed the Report and determined the <br />assessments, considered all oral and written statements, protests, and communications made or <br />filed by interested persons. <br />Section 2. Based upon its review (and amendments, as applicable) of the Report, a <br />copy of which has been presented to the City Council and which has been filed with the City <br />Clerk, the City Council hereby finds and determines that: <br />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, 2004, and ending June 30, <br />2005, 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 <br />the office of the City Clerk are hereby confirmed as filed. <br />RESOLUTION N0.2004-097 2 <br />